Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-21
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y1mportant Decisions
PERSONAL INJURIES

riding two loaded gondola cars
which had been kicked to Il switch
track from a train on the lead track
for the purpose of coupling them with
other loaded cars upon the switch
track. Tae cars were driven with
greater force than necessary to send
them to the desired point, and the de-
ceased was found lying upon the
track underneath, and about six feet
from the end of, the car he was rid
ing. There was no evidence that the
cars were delivered with unusual
speed, and there was no evidence oil
injury to the cars coupled Held, the
evidence was not sufficient to justify
the inference that the switchman met
his death because of any negligent acts
on the part of defendant. Griffin VS..
Ry Co. 102 N. w. 391 (Mnn).
INSURANCE.
Plaintiff. the owner of property IN
sured, made an agreement to sell 10
ri. for specified price; possession to
be given March 1, 1902. The contract,
however, was conditional on the apii-
ity of III. to raise $500 on the proper
ty; 1t being agreed that, unless such
sum was raised, the deal was OH. 10
enable Fl. to raise such loan, con-
tract and deed were executed, ana
placed i'm the hands of loan brokers 10
hold and not to be delivered without
plaintifrs permission. The title being
defective. an action was brought In
HIS name to cure the same, and
thereafter a portion of the property
was destroyed by fire before ii. CD
tanned the money or any sale was
consummated. Held that such trans
action did not constitute safe OF
contract to sell the property, wltmh
policy providing that 1t should De Voiu
in case of sale or contract TO sell the
property or If any change or ol-
minution other than death take place
In the interest title. or possession OIL
insured. Swank VS.. Farmers ms. Co.
1902 N. w. 429 Uowa).
PERSONAL INJURIES.
Durins. the construction of build
ing the foreman directed a temporary
floor to be laid for the purpose OF fur-
nishing a place for the workmen TO
stand on the adjusting posts, girders,
and ioists for the floor above. Plain
tiff. a common laborer, was injured
nv falling thru hole in the floor,
while assisting in placing a floor Jolst.
Plaintiff made q settlement with de-
PENDANTS for s75, and executed a re-
lease of all claims against them, but
the same was done while plaintlff
was under the influence of intoxicants.
Held. that the release was not binding
and that defendants were negligent in
leaving the hole in the floor unguard-
yVnrkman
Of it's existence.
Merrill VS.. Pike. 102 M W.. 293
(Minn.)
HUSBAND AND WIFE.
The father of plaintiffs husband
died intestate, seized of certain real
estate, in which the widow was entit-
led to one-third, and compliments
husband to an undivided two-thirds.
The widow was unfriendly toward
complainant, by reason of her mar
rage, and repeatedly declared that
plaintiff, should not get dollar If she
could help it. The widow, as adminis-
tratrix of her husbands estate, OBJ
tanned an order for the sale Of the
land, excepting her dover interest, to
pay debts, and solo the same to her
niece, WHO had always lived with her,
who, after borrowing s1,50O thereon
for the administrative benefit. con-
veyed the land to her, subject to such
mortgage Held, that such sale by the
Administrative was fraudulent as
against complainant, who was entit-
lei, after her husbands desertion, to
have a decree for alimony for separate
maintenance made lien on his inter-
est in sllca PROPERTY.
Walker VS.. Walker, 102 N. W., 1876
(IoWal.