Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-14
ACKNOWLEDGEMENTS
! Important Decisions {
Observation-Disclosures.

Defendant, engaged in the manufac-
| ture of commercial fertilizers, stored
sacks which had contained nitrate OF
soda, used by it in it's business, in an
open shed upon it's premises which
were inclosed, having an opening for
the entrance of cars bringing material
and carrying out fertilizer. The plain
tiff's COW entered this Enclosure. pre-
| sumab1y along the railroad track, ate
some of these sacks and the particles
| OF soda left in them, and died. Plain
! tiff brought suit for damages. Held,
| defendant was not bound to keep it's
| premises safe from trespassing ami
mails; nor was the shed such an at
| tractive nuisance, the maintenance of
which would render the owner liable
| for injuries to trespassing animals.
| Chemical Co. VS.. Henry, IS, S. W., 401
| (Tenn.).
CONSTRUCTION.
| A father desiring to assist his SON,
who has no capital, in embarking in
the business of buying and selling cot
| ton, executed mortgage of his land
to the cashier of bank with which
the partnership Of which the son was
a member proposed to deal, reciting
tlIetl LIE HUI lSdSGe IdQ dSISSQ W UCs
come surety, at the mortgagor's re-
quest, for any and all Indebtedness for
which the partnership might become
liable to the bank during the cotton
season of 1890 and 1891, to the extent
of $4,000, and that should be partner
ship or either of it's members, on or
before April 1, 1891, pay the indebted
ness, then the deed should be void, but
that, if they should fail to pay, then
the mortgage should remain in force,
and the mortgage was thereby au-
thorized to sell the property. Held,
that the agreement was for a contin-
uing guarantee for advances made up
to April 1, 1891, not exceeding $4,000.
First National Bank VS.. Waddell, SIS,
S. W.. Alt (Ark.).
PERSONAL INJURIES.
Plaintiff, an employe in defendants
foundry, while carrying a ladle Of
molten metal stepped into a hole
which defendant had excavated few
minutes before in an unusual place
in pathway used by employes-and
left unguarded. Plaintiff had no
knowledge of the hole and when he
slipped into it, he was burned by spill
ed material from the ladle. Held, that
plaintiff was injured by defendants
negligence. Foundry Co. VS.. Drish,
SIS S. w. $40 (Texas).
S-NEGLIGENCE
Plaintiff, a boy, aged 10, was stand
ing on street in the town of Greenup,
and while SO standing near the track
of the defendant where it crosses the
street, one of the defendants freight
trains passed over the track, and as
the rear of the caboose reached the
point opposite where plaintiff stood, a
brakeman on the train kicked a. cake
of ice weighing about 20 pounds from
the platform of the caboose, which
struck the boy near the heart, from
the effects of which he was severely
injured. Held. that it was not neces-
sary to show that the master knew OF
the placing of the ice on the car, or
that 1t was thrown from the train with
his knowledge or by his direction, but
a reasonable inference that the ser
want was within the scope of his au-
thority was sufficient. Willis VS.. r. r.
Co. So S. w. 716 CKy).
SUNDAY LAWS.
In prosecution for selling liquor
on Sunday, it appeared that the sale
was made by one of defendants bar
keepers, and defendant corroborated
by his other barkeepers, testified
that he had given positive directions
that no liquor was to be sold on Sun
day. 1t was. however, shown that de-
PENDANT and his family lived in rooms
adjoining the saloon, and got their
water for cooking purposes from the
saloon, and so went in out on Sunday;
and defendant testified that he made
no effort to see that his instructions
not to sell on Sunday were observed.
Held, that the testimony did not re-
quire the court to direct an acquital.
State VS. Pierce, SIS S. w. 664 (Mo).