Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-07-29
Important Decisions !
PHY,sICIANs AND SURGEONS.

PHYSICIANS AND SURGEONS.
Plaintiff, a specialist or the eye, ear
and throat, sued defendant for services
i'm performing an operation on defend
ants son, who at the time of the en-
ployment of the plaintiff was of full
age, and resided in the family of the
defendant. 1t appeared that plaintiff
called upon the son at the
request of defendant, and that
the son never made any con-
tract with plaintiff, but merely
submitted to the operation. Held, that
defendant was liable for the BILL not
understanding the fact that her son was
of legal age.
Best VS., NIcAuslan, 60 All. TIA (R.
~
MUNICIPAL CORPORATIONS.
The laws of Arkansas confer upon
cities the power to license, regulate.
tax or suppress tippling houses and
dram shops. and also empowers them
to regulate or prohibit ale and porter
shops or houses and public places of
hab itual resort for tippling and intern
perance. The defendant city passed
an ordinance forbidding the keeping
of chairs, or anything for persons, ex-
cept the bartender or proprietor, to sit
on in saloons. and plaintiff in error
was convicted OF violating this ordin
ance, and appealed, contesting the val
itlity of same. Held, that the ordin-
ance was valid and within the powers
of the municipality.
Pate VS.. Jonesboro 81 S. W. (Ark.)
INTOXICATING LIQUORS.
Witness gave defendant 80 cents, and
told him to bring him a quart of whis-
ky. Defendant took the money, and
some time afterwards witness found
bottle of whisky on a workbench in the
back of his shop. Defendant was work
ing for witness, and the money adj
vanced to buy whisky was allowed on
a credit on work done by defendant,
thus showing it did not pay for the
whisky. Before he found the whisky
on the work BENCH prosecutor gave
other parties money, and asked them
to get him whisky; so it could not be
determined who really placed the
whisky on the bench. Held, that de-
lating the local option law
Bittix VS.. State, 81 S. w. 34S (Tex.)
STREET RAILWAYS.
Plaintiff, after being injured in a
street car collision, was taken to the
office of defendant company's physi-
clan for medical attention, but he re-
fused to treat him until he signed a
release in consideration of $25 and
medical services. Plaintiff did not
know that the physician was acting for
the company and testified that he could
not write, and understood that the pa
per was only intended as an instru-
ment to secure medical attention; that
when he signed it he was suffering
and did not cerefully inspect
it's wording, and that it was agreed
that he should receive such medical
attention as he required by reason of
his injuries. The physician thereaf
ter refused to give further medical at
ed the facts, he rendered back the $50
which had been paid to his wife. Held.
that whether the release was fairly
made, and was therefore a defense to
an action for his injuries was for the
Jury. Gibson VS.. Ry Co. 81 S. w. 303
(ky)
DEFECTIVE SCHOOL HOUSE.
Plaintiff, little girl IL years Of age
fell from the stairway of a school
building to the first floor, sustaining
severe injuries. She brought suit
against the city and the board of edu-
cation of the city, charging that the
city owned the building; that the
school was conducted in 1t by the board
of education; that she attended the
school as a pupil; that the bannisters
protecting the stairs were insufficient:
that this was known to the city and