Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-20
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{Important Decisions$
DEFECTIVE STREET.

OItEEC|IIVE 81 itEEI.
A young horse, owned by the plain
tiff and kept usually In his stable
abuttng upon public alley in the
defendant town, managed to slip It's
halter and escape from the barn into
the alley. and from thence into the
street. 1t ran up the street. being one
OF the main public streets in the town,
and in SO doing 1t stepped into hole
in the surface thereof, and was Injured.
The hole was from six to eight inches
In diameter and from eighteen to
twenty four inches in depth; 1t had
been made there. several months be-
fore, by the removal OF a post used to
support n merry go-round which had
been there, operated by the permission
Of the town authorities. Held. that the
town was liable for injury to the es-
capped horse, from the hole in the
street, tho he had escaped from his
stable without any negligence on the
part OF the owner, as 1t would have
been liable had he been driven.
Nocks VS.. Whiting, 1902 N. W., 100
Gowa.)
WTLLS--LIFE ESTATE.
Testator died and left surviving
MN HIS w luOW ana nine Cl1lQTeG. RE
owned two tracts of land and some
personal property. He devised the real
property to his son, but gave him no
definite. estate therein, providing that
the sons mother should have full con-
troll and management thereof during
her life. In a subsequent item in the
will it was provided that, If the son
should die, certain daughters OF the tes-
tator should take the property. Held,
that the son took an estate for life,
charged with the support of his mother,
and on the death of the son after the
death Of the daughters without issue
the title passed to the daughters heirs.
O'Conner VS.. Rowland "a s. w. (Ark)
ANIMALS-RUNNIN AT LARGE.
Defendant, resident Of Missouri,
was convicted Of permitting nineteen
head of cattle to run at large. De-
PENDANTS land, or a part of 1t, had as
It's south line the state line. He also
owned eighty acres of land in Arkan-
sas. He would turn his cattle out Of
the Enclosure in Missouri, knowing that
they would go across the line In the
state OF Arkansas. Held, that the con-
vIction could not be sustained. That
the legislature Of Arkansas (where the
conviction was obtained), had no power
to punish resident Of Missouri for
a lawful act done in that state. Beat
tie VS.. State, "a S. w. AT (Ark.)
STREET RAILWAYS.
Plaintiff, while driving her milk wag-
on came to a street where defendants
cars were operated. Before proceeding
to cross the track, she looked but saw
no car. She proceeded little farther,
but before crossing, again looked and
saw car approaching, when she hur-
'ried and tried to cross the track and
the car collided with her wagon, de-
molishing the wagon and severely in
juring her. She brought action for
damages. Held, that she was guilty Of
contributory negligence in attempting
to cross the track after seeing the car,
and that she should have waited until
the car passed. Heying VS.. Railway
Co., SO All. 667 (Md.)
NUISANCE-DAMA
Defendant operates large rteam
saw mill on his lot, adjacent to the
lot of plaintiff. Plaintiff has dwell
ing house on his lot, which he occu-
pies with his family as a dwelling.
Defendant in disposing of the sawdust
from his mill, built a chute, thru
which the sawdust was forced by
machine called Cyclone" creating a
powerful draught, by which the saw
dust was thrown and scattered with
great force. The chute was so built
as to deposit the sawdust within a few
feet of plaintiffs lot. The force by
which it was driven was SO great that
the finer dust was scattered all over
plaintiffs premises, and invaded his
house, settled upon his furniture, car
pets, bedclothing, etc., and on the vic
tuals that were being cooked for his
family. Plaintiff brought action for
damages. Held, that he was entitled
to recover compensation for the dis
comforts suffered by himself and fam
lily, in addition to the actual damage
to his property. Mahan VS.. Doggett, "a
S. W., 525 (Ky).
Strikes Hidden Rocks.
When your shrip of health strikes