The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1905-05-18
JUDICIAL OgcIsiona

The propnstors of . saloon are acid.
In currsn w. Olson MIMI. 60 L. X.
A. 1913. to be liable for al injury TO 4
guest therein caused by . third person
pouring over his feet. while be was
asleep. alcohol procured from the bar
tender. and setting 1,s TO the same
A master IL held. ID DuntIey ". In
man. Poulsen q Co. tOre.). 50 l.. X. A
1856. not 10 be liable for the death Of .
servant because be failed 10 furnish 4
better belt saiifter. where the one fur
nished was safe and suitable when
properly used. and the servant made
no objection TO using IL.
General charter authority TO define
nuisances is held. in State er rel. In
dianapolis VS.. indianapolis Union Rail-
way Company nnd.). 60 l.. II. A. s3l.
not 10 empower a municipal corpora
ton 10 declare anything nuisance
per Sc which In fact was not recog-
nized as such by the common law.
The right 10 use the water. when
acquired by appropriation, IL held. In
Crawford Company VS.. Hall tNeb-). go
l.. X. A. $50. 10 be In its nature a
property right. aud 10 become a supe-
ri0r and better title 10 the use and en-
joyment OF such svater than that OF a
riparian proprietor whose right attach
es subsequently.
A municipal corporation is held. in
Muncie Natural Gas Company vs..
Muncie nnd.l. 90 J.. Il. A. ss2. 10 have
power 10 supulaie as 10 the maximum
rates 10 be charged by a gas company
when allowing II 10 lay pipes in the
streets. under a statute giving IL ex-
elusive power over its streets. high
ways and alleys.
Following the language OF the stat
ute providing for the punishment Of
bunko steering In alleging that one
was enticed 10 a certain place and. by
duress or fraud" was compelled 10
part with money upon q foot race. IL
held. In Haughn va State 0nd). 80
L. r. A. Tse. not TO be sufficiently GER
tain 10 state the ofrense.
Undertaking 10 work as brakeman.
or continuing Al work without CON-
paint with knowledge that the rail
road company habltusily exceeds the
speed fixed by ordinance in running
trains throughg q municipality. is held
IN Martin We. Chicago. r. |. & p. r. X.
Company uowal. SO l.. II. A 69s. 30
be an assumption OF the risk OF such
- o. ~
ton OF the ordinance is concerned
A decree requiring the owner Of a
timber culture claim 10 public land TO
convey Il TO a partnership OF which he
is a member. in accordance with his
agreement 10 DO 80. il held. in Adams
vs.. Church Core.). so l. r. A. 7s2. not
10 remove the claimants interest In
the property from protection OF the
statute exempiing such claims from
liability TO the satisfaction OF debts
before the issuing OF the
final certificate therefor. even In Ia
yor OF debts OF the partnership.
A railroad section hand thrown
from a hand car by the application OF
The brakes by a brakeman. without
warning. on the signal OF the foreman.
10 held. in Thacker VS.. Chicago. ]. &
l. r. Company undl. 80 l. r. A
7si. to have no right OF action against
he railroad company for the resulting
INJURIES under q stntute making an
employer liable for injuries caused 10y
he negligence OF fellow servant who
Il the time was acting in The place
md performing the duu OF the en-
,loyer in that behalf.