Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-09-05
IMPORTANT DECISIONS

Plaintiff instituted proceedings for
divorce against defendant. Shortly
prior to the institution of the proceed
ings, defendant anticipating sane,
decided his property to a son by former
marriage, and plaintiff sought to have
this deed set aside as a fraud upon
her. Held, that the same will be set
aside unless the grantee can show thaa
the deed was made for a consideration
and not for the purpose Of debating
plaintiffs claim for alinony. Bennett
VS.. Bennett, 81 Pac. 632 (Oklahoma).
CARRIERS TRAINS.
Plaintiff, person of mature years.
boarded the caboose of freight train
which was standing In the yards with
senger He made no investigation as
to whether the train was intended for
passengers, though members of the
train crew were present. 1t was
against the rules of the company for
such train to carry passengers. He
was injured in. collision due to care
lessness, but not to wanton or wilful
negligence, and brought this action for
damages. Held. that the carrier was
not liable. st. Louis r. r. v. Reed, SO
s. w. 1856 (Ark.)
PERSONAL INJURIES.
A building was being remodelel AMI
defendant had the contract Cor the
woodwork The contract for the mas
on work was let to another contractor.
working on the second floor. lowering
joists, and the declaration charges that
the workman above. permitted some
material to be thrown down. striking
the PLAINTIFF and knocking him FROM the
joists. Plaintiff brought suit for
damages. Held, that verdict was prop
erly directed for defendant as the neg
.ligence was not that of defendants
employee, and further, that the doctrine
of a safe place to work has no applica-
ton as the place was rendered unsafe
by the acts Of third party for which
defendant was not responsible Pen
ner VS.. Vinton Co., IL DIN 33l (Mich }
Isl PERSONAL INJURIES.
Complainant purchased load OF
lumber from defendant to be delivered
at her home, and, after paying defend
ants teamster for the lumber on dsliv-
cry, he negligently unloaded the same
on the side of hill so that the lunl-
Der slid down the hill onto plaintiff,
inturing her. Plaintiff brought suit for
damages. Held, that defendant was
liable for the injuries she sustained
therefrom. Dumontier VS.. Post Mill
Co. 81 Pac 500 (Wash.)
PREACH OF THE PEACE.
Defendant was convicted under an
ordinance of the village of Salem, for
disturbing the peace Of one S., the VII
lage marshal, by loud and unusual
noise and offensive talking, etc. ON
the occasion in question, a religious
revival was being held in a building
of the village, during the holding OF
which number of persons assembled
on the opposite side of the street ana
about SO feet distant, where they held
mock religious ceremonies. The chalr-
man of the religious meeting ana the
marshal, S., attempted to make the
crowd dispense, but feeling that they
were not able to enforce order le1e
for their respective homes, and >.
made complaint against defendant
under the ordinance. 1t was conceded
that defendant had been guilty of loud
and offensive talking, but it was con-
tended that the village marshal was
not "person" within the meaning OF
the ordinance. Held, that said mar
shall was not a person" within the
meaning of said ordinance; that 1t
was his duty to suppress the disturbers
and failing so to do, had neglected ms
duty. and could not shirk his duty and
invoke the protection of the law on
the ground that his own peace was
disturbed. Salem v. Coffey, So $. W.
772 (Mo.)
IIMITAT1ONS-P
Plaintiff Instituted suit against de-
PENDANTS to foreclose a mortgage given
nv defendants to secure the payment
of a pron,issory note made by them
The note and mortgage We're executed
March II. 1S93 and the last payment
thereon was made June s, 1888. The
note was due and payable December l.,
1898 Defendant pleaded the statute
of limitations Held, that the last
payment being made within five years
after the note became due, and suit
having been brought within five years
after such payment. that such suit was
not barred. Brown VS. Fuller. IS S, w.
90 t.f~N