Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-10-16
: Important Decisions
WORK AND LABOR

After the death of the intestate's
husband, in 1876, she continued to re-
side on the home place, occupying four
rooms, where she kept house. attend
ing to her own work, and providing
her own necessaries of life up to the
time of her last sickness in the fall of
1898. The plaintiff and his family dur
ing the same time resided in the other
part Of the house. The mother died in
1899. For about three months before
her death she was in need Of care and
assistance, which wa led by
the plaintiff, and flo seeks
compensation. Hel i son
and his mother live ouse,
but as separate fl It as
parent and child, ) the
head of family of L. ne was
no presumption that serves rendered
by the son to his mother was caring
for her during her last illness were
gratuitous and plaintiff was entitled to
recover. Page v. Page, 81 ALL, 356
IN. H)
CARRTERS-NEGL
+ Plaintiff, a passenger in the act Of
alighting from railway car, was told
by the conductor to jump, as the train
was in motion. The train was not in
motion, as the passenger could readily
have ascertained. She became excited,
jumped and was injured. In an action
for damages, held, that it was ques-
ton for the jury whether the passen-
ger had contributed to her injury by
her own contributory negligence.
Staines v. r. R. Co., 81 Att, 3S5 On. J.)
PROMISSORY NOTES.
Plaintiff brought action to recover on
a promissory note reading. Thirty
days after date, we promise to pay"
ETC., and signed The Akron White
Sand Co, L. K. Mihills, secretary and
treasurer, d. B. August, president"
Plaintiff sought to obtain a judgment
against the officers who signed the
note. Held, that the note on it's face
was the note of the company alone,
and not the note of the officers names,
and the latter are not personally bound
thereon. Aungst VS.. Creque, "a N. r.
1913 (Ohio)
ASSUMPTION OF RISK.
Plaintiff, boy IL years of age, was
employed by the defendant in it's fac
toryfi in which machines for pressing
oil cakes were used. The process re-
quired that the meal shall be placed in
mold. and then the workman by rails
ing lever. introduces the steam power
which pulses the mold up against
plate fixed above, and thus forms the
cake. In the course of the work some
of the oil and meal fell to the floor and
rendered it slippery. Plaintiff while
exerting himself to raise the lever,
Slipped and to save himself from fall
ing, he inadvertently placed his hand
upon the meal in the mold just as it
was being pushed up against the plate.
In consequence his hand was badly
crushed and this action was brought.
Held, that he assumed the risk attend
ant upon his work. even though he is
a minor. Bender vs.. N. Y. Glucose CO.,
81 Att 38S On. j.
WILLS-TRUSTS
Under the terms of a will all the
property of the testator was devised
to a trustee, in trust for the use and
benefit of compliments, the wife and
daughter of the testator In 1898 the
trustee sold to complainants property
standing in the name of his son and
drew on the trust fund for $4,000. In
1899 the trustee sold to compliments
his house and drew on the trust fund
for $500. The trustee died in 1901
The executor of the trustee filed an ac-
count in the probate court in the trust
matter in which the purchase was set
forth with the price paid, and the ac
count was allowed. Compartments
claim that they did not know the
price charged for the property until
after the death Of the trustee, and In
March, 1908, filed bill for an account
ing and to set aside the two deeds.
Held that complainants had delayed
too long before proceeding and We're
guilty of ??latches Shedding VS.. Dean,
~ DIN 364 (Mich)