Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-07-19
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{lmportant Decisionsl
PERSONAL INJURIES.


PENDANT, and among the appliances US
ed by him and his fellow servants, and
which were furnished by defendant
was an extension ladder, consisting OF
two ladders so arranged that the up
per could be raised by a rope and pull
ley, the ladder being defective in That
when 1t was extended, it would not
catch or hold. Before using 1T, plain
tiffs fellow servants tied rope
around the rungs where the upper ana
lower parts connected, SO as to hold
the parts in place, and the rope broke
whereby plaintiff was injured. Plain
tiff brought this action for damages.
Held, that the proximate cause OF the
injury was not tho negligence OF the
defendant, but the negligence of plain
tiffs fellow servants, and paintlif
could not recover. Higgins VS.. Higgins,
"A, N. T.. 473 (Mass.)
MARRIAGE CONTRACTS.
Defendants brother and the plaintif
became engaged and were subsequent
ly married Plaintiff claimed that 1t
was agreed that the prospective hus-
band should settle upon her $lOooO
that amount to be increased as ne
might be able, and it is said the last
conversation on this subject took place
on the day before the marriage. There
was no payment of money or settles
ment in any form made upon the plain
tiff After the marriage the financial
condition of the husband became dis
appointing to the wife (plaintiff) and
that she insisted upon the performance
of the promise made before marriage
tn hrofhar tho
defendant, and told him of the trouble
he was having, and asked defendant
to execute a note to plaintiff for $l2.-
600, which defendant did. and this suit
was brought to enforce payment. Held,
that note given by stranger to
husband that he might deliver 1t to his
wife, to whom it was made payable
to secure peace between a newly mar
ried couple, Is without consideration,
and the wife cannot recover thereon.
Kramer VS.. Kramer, "A N. e. ALA
IN. W
OIL AND GAS LEASE.
A lease OF two acres out Of larger
tract of land stated that it was to give
the lessee the right to drill for petrol
cum or gas, and that 1t was for the
term Of twelve years, and so long
thereafter as petroleum or gas could
be procured in paying quantities, or
payments afterward provided were
made 1t was then provided that the
lessee should give the lessor one
eighth OF all petroleum obtained from
the premises, pay certain sum per
annum for gas from each productive
well, and furnish sufficient gas to heat
and light the lessons dwelling. The
lessee covenanted to drill wells within
one year, or, in lieu thereof, to pay
certain sum, which was to be pay
able each year until operations We're
commenced and well completed. Held,
that where no well had been drilled,
the term of the lease could not be ex-
tended beyond twelve years by pay
ment Of the yearly rental therein pro-
yided for. Gas & Oil Co. VS.. Reales,
"A N. E. 551 Und)
MASTER AND SERVANT.
Defendant, an electric light company.
furnished it's linemen with several PIKE
les dong poles having an iron ferule
and an iron pike in the end). OF the
character and construction customarily
used in bracing electric light poles
while removing the same. One OF these
pike poles had become dull at the
noint and unfit to be used with safety.
While plaintiff was on an electric light
pole. stripping the wires. one of his
fellow servants picked up and used
the blunt pike pole. which did not fix
the electric light pole so as to properly
hold the same, and 1T in consequence
fell whereby plaintiff was injured.
Held. that defendant had properly ful-
filled it's duty Of furnishing suitable
tools and appliances, and the injury
was in no way the result of its neg
,igence. Towne VS.. Power Co. 81 Pac.
1874 (Calif)