Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-05
NEUTRALITY-SUSPICIOUS.
{Important Decisions
PAYMENT by MISTAKE

PAWN IGN1 BY MISTAKE.
Plaintiff, believing he owed u Ger
tain corporation of which defendant
was an officer. an open store account,
gave the defendant the money win
which to pay it; and the defendant ac-
cepted the money aud promised TO
credit the books with the amount ac-
tually due and to refund the balance,
IL any (the books not being accessible
at the time) and 1T subsequently, APP
peared that the plaintiff was not in
debted to the corporation, but the debt
he sought to pay was due by his moth-
err. who was subsequently, sued by 'hc
corporation, Judgment obtained against
her and the amount paid by her. fiali'-
tiff then brought suit against the de-
PENDANT to recover the money paie' ana
defendant claimed that suit should
have been instituted against the cor
portntion as he was acting In the ca
pacity of officer for the company at the
time. Held, that plaintiff had rght
to bring his action for the money so
paid by him, against defendant, and no
demand was necessary before he
brought this action.
Sheppard VS.. Lang. so S. u. 81 (Ga.)
NEGLIGENCE.
Defendant was moving two or more
rigs of machinery consisting of trac-
ton engines, thresher, ETC.. thru the
public streets in Dallas, from its down
town warehouse to it's fair grounds.
The machinery was attractive to chill
dren. Plaintiff. boy seven years OF
age, and other children Of various ages.
followed the machinery, as it moved
thru the streets, and. when nearing the
fair grounds. plaintiff, while attempt
Ing to pass between part Of the ma
chinery, was run over and injured. He,
as well as all the boys, had been driven
away from the machinery. and repeat
eddy warned to stay away thercfrom,
etc. Held, that one rightfully moving
machinery attractive to children. thru
the streets of city is not liable for q
sudden and unanticipated injury TO a
child playing around the same. whom
the persons in charge thereof repeated
ly directed and warned to go away.
Threshing Machine Co, VS.. Burns,
Sc S. W., SIS (Texas)
MASTER AND SERVANT.
The shaft of defendants elevator
was surrounded on each floor with q
fence or railing having gate that rar
up and down on weights, and while q
servant was sweeping the false flool
over the shaft, the gate having beer
left open, the elevation assembled, ant
the false floor moving upwards, prongs
that extended from the side of thu
false floor a few inches, and which
| We're necessary to the operation OF thu
r. 1o{ nd ioi,
him. Plaintiff brought suit for dam
ages. Held that the elevator being II
good condition, 1t not appearing wha
| caused 1t to start, and it not beint
shown how long the gate had beer
raised, or that the defendant knew o
could have known that 1t was raised
and there being no negligence In tn
arrangement OF the prongs or the char
acter of the gate, no liability on tn
part of the defendant was shown, ant
plaintiff could not recover. Purcell VS.
Tenant Shoe Co., SO S. w. III ono.
| RAILROADS.
Plaintiffs intestate approached {
city railroad crossing provided witt
gates, as required by ordinance. The
gates were closed for train on the
1 track nearest to intestate, but were
| raised before that train had passed
the crossing. She thereupon walked
| toward the train. and after 1t hat
passed was killed by train on thu
next track not more than 20 feet from
the place where she stopped to allow
the first train to pass, and running al
an unlawful rate Of speed. The jury
especially found that she did not lool
or listen for the second train after
she left the spot where she waited
for the first train; that she could not
have seen the second train at any
time while she was. within ten fee,
from the nearest rail Of the track or
which it ran, had she looked, because
the view was obstructed by the frs,
train; but that she could have seer
the train after she left the place
where she stopped. Held, that such
special findings were not inconsistent
with general verdict in favor OF
plaintiff. Smith VS.. M. c. r. r.. 70 N
E., 92S Qnd.).