Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-04-26
Important Decisions
EALsE IMPRISONMENT.

FALSE IMPRISONMENT.
The plaintiff, having been arrested
under a warrant from an inferior
court, for violating a municipal Or
dinance which was void because never
published as required by law, sued the
Judge who issued the warrant, the Of
'ficer who served it, and the person
who made the complaint. The court
held, that %theperson who made the
complaint was not liable because ne
took no part in making the arrest and
did nothing more than merely to make
the complaint before the magistrate
having jurisdiction of the party n OF
the general subject matter. The Of
ficer h made the arrest was also
held not liable, because the warrant
did not show on its face that the court
issuing it, which had general juris-
diction over the. subject matter, did
not have jurisdiction over the particu-
lar offense alleged or that the facts
stated in the complaint did not con-
stitute an offense because Of the fall
ure to properly publish the ordinance.
AS to the judge who issued the war
rant the court held that, although his
court was one of inferior jurisdiction,
vet. since it was invested with juris-
diction over the general subject mat
ter, his decision that he had juris-
diction over the particular ofense
complained of, while erroneous. never
theless constitutes a judicial decision
for which he is not held liable, having
acted in good faith.-Rush VS.. Buck
ley. 81 Att. Rep. TIA. (Maine.)
MASTER AND SERVANT.
Plaintiff was employed as operator
of a shear machine used for the pur-
pose of cutting steel plates. When the
knife is raised it is supported tby two
eccentrics attached to a hollow shaft,
and the movement of the knife up and
down Is about seven seconds The
movement is controlled by a lever, at
one end of which is a weight and as
soon as the knife begins to descend
the handle is raised which by reason
Of the weight flies up and causes the
knife to stop at the top. Plaintiff
claimed that the weight was held in
place by a set screw which became
loose and allowed the weight to move
toward the fulcrum Of h lever so it
would not pull the lever down; that
he called the attention of h inspector
to the defect, and that the inspector
frightened the set screw and told plain
tiff that it was all right. Plaintiffs
fingers were cut off by the fall Of the
knife. attributed by him to the loosen
ing Of the set screw. Held That the
danger was obvious and plaintiff as
sumed the risk Of injuries caused by
the defect. An experienced servant
cannot continue to operate a machine
which he knows is dangerous without
assuming the risk, simply because the
employer assured him that it is safe,
when the servant has just as much
knowledge Of the danger arising from
it's operation as the employer.
Goga VS.. American Car & Foundry
Co., mich. Sup, CT, Dec. 1869
ILLEGAL AGREEMENTS.
Plaintiff and defendant entered into
an illegal agreement for the use of a
liquor license issued for another, and
plaintiff eneered upon it's performance
and for more than six months in pur-
suance of the illegal agreement IN
Quoted the business Of a saloonkeeper
in violation of the law, and as part Of
the illegal agreement, while so violating
the law, made payment to defendant
for the license, which payments he
seeks to ecover. Held, that plaintiff
could not recover the goods MFWFF
could not recover. The court held, that
where money has been paid or goods
delivered in pursuance Of a contract
that is immoral or criminal OF in viola
ton Of a statutory provision and the
parties are in part delicto and particeps
criminis, the court will leave them
where they have placed themselves.
Walthier VS.. Weber ct al, D. L. N.
Vol. 12, Page 122. (Mich.)
PHOTOGRAPHS OF WOUNDS.
In the case of state VS.. Roberts, 50
Pac. Rep. 100 (Nev.) it is held that in
a prosecution for murder, photographs
showing the nature of d~eceased's
wounds before their appearance had
been altered by surgical operation are
admissible in evidence.