Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-17

I%lmportant Decisions}



PARTY WALLS-CEIMNlGY ILJES.
Plaintiff built a brick house on his
lot, placing one-half of the 12-inch
wall on the adjoining lot and without
consultation relative there o, with the
adjoining lot owner, placed in the wall
chimney tlues, each of which occupied
two inches of the wall resting on The
adjoining lot. The outside of this wall
Was solid; the adjoining oNner having.
made no equest for flues or BEARINGS
for joists, under the laws Of Iowa, CIV
ing the rights of a co-prC prietor who
builds against a wall held in common.
ana declaring that upon request of
Such c~o-propfletor, the person build
ing the wall shall make the necessary
ilues, etc. Defendant afterward pur-
chased the adjoining lot, and erected
thereon a building, using such wall,
under u contract whereby he purchas-
ed AN undivided one-half'' of such
wall, but the use of the flues in the
wall was not mentioned Plaintiff
brought this action to restrain defen-
dant from using the fiues. Held, that
defendant had no right % use such
''N' ~ GNU - ucltlIIltllt, anu SucI
use could be restrained.
Koolbeck VS.. Baughn. 101 N. w. $50
Gowa.)
Plaintiff was the owner. of the lot
at HayWard's Bay, on which he had
erected a house and barn. The loi
next to it belonged to the defendant.
and on his there were like improve
ments, the houses being but six or
eight feet apart. The de ,endant en-
ployed one NJ. to paint his house for
$50. NJ, with Il helper, began the re-
moval OF the old paint from the defen-
dant's house by the use of IL blow torch
house took fire, and communicated
to that of plaintiff. and his barn, de-
stroying both. The fire was the result
of the negligent use of the blow torch.
Plaintiff brought action fol. damages "a
gainst defendant. Held, hat M. was
an Independent contractor and that de-
PENDANT was not liable for his acts, the
liability, if any. being upon NJ. Fran
els VS.. Johnson, 101 n. w $40 Gowa).
MASTER AND SERVANT.
Plaintiff, a man of ma ture years,
while in the employ of defendant, was
instructed to use a chisel in repairing
a piece of cast iron by eating off a
portion of it, but reported to the fore
Ia that the chisels We're dull. He was
to apply to another employee to
sharpen the chisels, and vas directed
by him to use n that he thought was
all right. This he used until it became
dull, so that to accomplish his pur-
pose he struck the chisel harder, and
was injured by a particle of iron strik-
Ing him in the eye. He brought this
action for damages. Held, that the
master could not be supposed to know
from plaintiffs conduct thai he would
use a dull chisel, and wss not bound
to warn him of the danger. San An
Sewer Pipe Co. VS.. f,oll, SO S. w.
300 (Texas.)
LANDLORD AND TENANT.
Defendant leased to plaintiff the sec
ond floor of a six story building in the
city of Chicago for a term ending April
10. 1902, at a monthly rental of s5OO.1
The lease provided that the premises
we're to be used as a woman's club
'oom, and for no other purpose. Aft
erwards plaintiff installed in the
building certain steam heated tables,
boiler for heating water, etc, and
he defendant permitted connection to
De made with his heating plant, in con-
of which plaintiff agreed to
perform certain services about the
Upon the eXpi alton of the
ease, it was renewed upon the same
erms, without any reference to such
subsequent oral agreement. Defend
mt threatened to cut of connection
with his heating plant. and plain
iff instituted proceedings to restrain
from so doing. Held. that on a re-
lewal of the lease on the same terms