Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-08
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{lmportant Decisions3
D1voRcE-R RESIDENCE.

Petitioner q resident of New York,
where she was employed, and also
where her mother resided was desert-
ed by her husband there In 1891. She
continued to live in New York for
eleven years, when She went to New
Jersey, and boarded with friend
of her mothers, retaining her posi-
ton in New York, and living in New
Jersey at night. spending her Sun
days and holidays with her mother in
New York. She testified that she had
endeavored unsuccessfuly to induce
her mother to move to New Jersey,
and that she did not come to New Jer-
sey for the purpose of obtaining Ill
vorce, but to be nearer her work. There
was no evidence thad she had any
friends or acquaintance In New Jer
sey during her two years residence on
the expiration of which she brought
suit for divorce on the ground OF de-
sertion, which she could not have OBJ
tanned in New York. as desertion Is
not ground for absolute divorce In
New York. Held, insufficient to es-
tablish that plaintiff was bona fide
resident Of the state. sufficient to en-
title her to decree, and the divorce
was denied. Mason VS.. Mason, 60 All.
337 On. -
WILLS.
Testator gave one-third OF his es-
tate in trust, the income to be paid
to his daughter for life, with power
of appointment and provided that, II
all her children should die without is
sue, the share devised to said child
rem should be equally divided among
testator's surviving heirs. Held, that,
where the daughter died without ex-
ercising the power, her children took
an absolute estate free from the
trust. In re McAlpin's Estate. 60 Att.
81 (Pa.)
NEGLIGENCE
The defendant permitted a horse
to partially obstruct the sidewalk for
a few moments by standing upon a
driveway leading across the pavement
into the yard of paving company.
The occasion for stopping the horse
at that point was the fact that an
other horse just ahead was being
weighed upon pair Of scales Just
inside the gateway, and the second
horse was waiting to be led also upon
the scales. While the horse was thus
standing partly within and partly
without the gateway, plaintiffs deced-
ent passed from the office Of the paw
ing company around the scales and out
to the street. Both Of the horses
were at that time within his plain
view There were two gateways, In
one Of which the horse was standing,
and thru the other defendant passed.
Immediately upon reaching the walk
he turned northward and passed In the
rear of the horse standing in the other
gateway, and when he came in line
with the heels of the horse 1t sud-
denly kicked. and struck him In the
right side, injuring him to such an
extent that he died. There was no
testimony to show. that the horse was
vicious. or that 1t had been known to
kick before. Held. that there was no
evidence to show negligence on the
part of defendant. and further. that
the evidence showed plaintiffs deced-
emit guilty Of contributory negligence,
in that he passed within four feet Of
the horse, when he might have easily
kept himself at least six feet further
from the danger. Miller VS.. Atlantic
Refining Co., 60 Att. 306 (Pa.).
ORDINANCES.
Respondent was convicted Of vio-
lating the terms Of certain ordinance
passed by the common council of tie
city of Detroit, regulating the speed
OF automobiles on the city streets and
also requiring the registration of au-
tomobiles and the placing Of num-
Der thereon. Respondent appealed
claiming that the ordinance was inval-
i'd. The charter of the city of De-
trolt gives the common council au-
thority to control, prescribe and reg
ulate the manner in which the high
ways, streets, etc., shall be used md
enjoyed. Held, that under this pro-
vision Of the charter, the common
council had authority to pass the or
dinance governing the use of automo-
biles, and that such ordinance is val
i'd People VS.. Schneider, II d. L. NJ.
80 (Mich.).