Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-04
{lmportant Decisions
ASSUMED RISK.

ASSUMED RISK.
Defendant operated Il sawmill, In
which slabs and other refuse were
thrown from the second floor into
BIN on the ground, from which they
were taken by plaintiff. an employe, for
fuel. When the bin was empty there
was constant danger that plaintiff,
when taking fuel from the bin, would
be struck by falling pieces, since the
persons throwing them could not sec
him, nor could he see them. On his
complaint, defendants manager prom
ised to construct chute which would
remove the danger, and plaintiff con-
tinued at work, and was injured Two
or three days later. Held. that he as
sumed the risk and could not recover.
Crum. VS.. North Vernon Lumber Co.,
" N. E., 1913 Gnd).
SUPERINTENDENT
Plaintiff was directed to do certain
painting under the direction of ID, a
servant Of defendant. Tho ID had
charge of the job, it was his duty to
work with the other painters. D ord
cred plaintiff to fasten a ladder to the
ridgepole Of q house, and said that ne
would hold the ladder while plaintiff
was mailing, the cleat, but let go MS
held. and the ladder slipped and plain
tiff was injured Held, such facts did
not Justify a finding that D was sup
erIntendent within the employers la
bll!ty act OF Massachusetts, rendering
the master liable for the negligence OF
the superintendent. Hoffman VS.. Holt,
70 N. F.. 81 (Mass).
COUNTER CLA1M-LIBEL.
Defendant, a wholesale dealer IN
fruits. produce and vegetables. caused
plaintiffs name to be published In the
st. Paul Produce Exchange as de
linouent debtor" and plaintiff brought
this action for libel to recover dam
ages therefor. Defendant interposed
an answer in which he pleaded. among
other things, and as a counter claim
that. at the dates and times therein
stated. defendant sold and delivered
goods and merchandise to plaintiff to
the value of $1S.55, for which amount
he demanded affirmative Judgment
against plaintiff. Held, that the ac-
count for goods sold and delivered is
not a proper subject Of counter clair
in this action.
Thomson VS.. Ertz. 1o1 N. w. sc
(Minn.)
ATTORNEY AND CLIENT.
Complainant contracted with Gle
PENDANT, an attorney, for his, (defend
ont's) services in a will contest an
agreed to give him a certain portion
the estate received as a result Of TIL
suit. During the progress Of the So
advances Of money were made by &c
~1.;,, ND of fnr IA,
final decision the parties had a settle
ment by which it was agreed that ther
was due defendant $3025 for whic
complainant gave defendant his note
subsequently certain real estate of the
value of $4,000 was conveyed by quit
claim deed to the defendant. This real
estate was the subject matter Of the
win contest in question. The consid-
Grafton stated in the deed was $1,000.
Complainant claimed that the deed was
intended as mortgage. while defend
ant insisted that the same was an abb
solute conveyance. Held, that mas
much as the relation of attorney and
client existed, the deed must be con-
strued a mortgage, not having been
based upon sufficient consideration.
Dean vs. Radford, II DIN 574 (Mich.)
ARRIERS-POSTAL CLERKS.
Postal cars were built with project
ing planks surrounding the end doors
SO that the space between the same
when coupled ordinarily was only IL
or IA inches. which, during the i'm
pact in coupling with automatic COUP
lers, was narrowed to only from to
inches. Plaintiff, who had been q
postal clerk for more than ten years,
and was familiar with the type OF
cars used and the management OF the
trains at particular station, attempt
ed to leave the car by the end door
and squeeze himself between such
planks and as he did so was injured by
being caught between the same as the
cars were bumped together In ex-
changing locomotives. Held, that
plaintiff was guilty Of such contribu-
tory negligence as precluded recov-
ery for injuries. Rice We. N. Y. Cen
trail Ry. u N 3 70 (Mass.)