Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-05-25
ARE CONCERNS LIABLE!
Oil Company Appeals Case In
Which an Interesting Point
Is Involved
ERROR CAUSED AN ACCIDENT
Question of the Liability Of the Oil
Company for Mistake of Its EmpIoye
in Substitution of aGsoline for kero-
sene to Be Decided by the Supreme
Court Of Iowa.
ERROR CAUSED AN ACCIDENT
Special to Tn,es-Republican

Special to Tines Republican
Des Moines May 25.-The Republic
Oil Company has appealed to the SUI
preme court case which to a consid-
cradle extent will determine whether
Or not oil companies are liable when
mistakes of their employees are made
and gasoline is delivered instead of
kerosene The case is that of l.. E.
Ellis, administrator of the estate of
Bessie Edith Nelson, a 14-year-old girl
burb of Des Moines, July "a, 1904. The
administrator sued for $4,000, and the
district court gave a judgment for 81,
600. The oil company is now appealing
the case 1t sold oil to Anderson &
Bergman, a firm of grocers on the
East Side and it is claimed they plac-
ed gasoline in a kerosene tank. The
firm then drew the oil and sold it to the
parents of the Nelson girl and her
death followed from her trying to start
ment of the oil company filed today
with the clerk of the supreme court
holds that If the employe of the COM
pany made a mistake and put the oil in
the wrong tank when he delivered it
to the grocer the company cannot be
held liable for the damages. The argu-
ment holds that if the oil was properly
handled at the plant and the delivery
of it to the wrong tank was not due
in any manner to the methods of hand
ling oil by the company then the en-
ploye is liable and not the firm. The
district court held against the company
and that point when it asked for a
directed verdict.
The State Board of Health is to be
something of an attraction at the next
chautauqua at Waterloo. The next
of the board will be held at
Waterloo July 10 in connection with a
of the Iowa Health Officers
and sanitary problems will be dis
cussed. These meetings of the board
will be held at the chautauqua grounds
and one of the hours of the chautau-
qua program will be taken up with an
address delivered by DR.. Evans of Chi
cago, something of an expert on santa
tion, who will speak especially for the
benefit of the state board and the
health officers.
Judge G. S. Robinson, of the State
Board of Control is in the East study
ing tuberculosis sanitaria. He went
East originally to attend the meetings
Of the National Conference of Chari-
ties and Corrections, and is taking adj
of the situation to study the
Institutions erected for the cure of
He has visited several
n the Adirondacks and three in Wash
ngton, d. c., and the consumptive
wards of the insane hospital in New
York. where 4,3sS insane are kept,
counting the entire institution.
This is more insane than there
ire in the entire stare of Iowa. Judge
Robinson will leave there May 20 and
S expected to reach Des Moines about
Nay 81. He will make use of the in
ormation gained on the subject of
tuberculosis hospitals for the benefit of
.he Iowa hospital.
The girls who have been at the
school for girls cry to go
Jack to the institution and get real
lomesick to go back The boys who
lave been inmates at the Eldora In
lustrial school for boys cry because
hey have to go back. The boy who
escaped the grasp of Miss Glare Lund-
,eck recently while she was taking him
Jack to Eldora was a small boy and
lie made his escape thru the window
If the car. He had been given the
reedom of the train and about the de- !
,ot, and in company With Miss Lund-
,eck at one stop had partaken of some
&c cream at neighboring restaurant
md seemed to be perfectly content. He
waited till the conditions were the
east favorable and then escaped thru
he car window. The boys at Eldora,
lccording to the authorities are given
is good treatment as the girls at
Iitchellville. but there seems to be
inherent in girls that they
ike the seclusion of the Mitchellville
chool where they get good treatment,
,lenty to eat, lots of good music and
chance to learn. At Eldora the boys
ave the same advantages, but are
orever chatting against the restraint.
those who have been given their lib
rty permanently look back to the in
titution with affection and enjoy TAX
ng trips back to see the other boys
nut they abhor the idea of being taken
Jack.
The Official Register this year will
ontain some information on the coll |
eyes of the state that it has never con-
aimed before. There will be eliminated |
rom it all that reprint of the railroad,
and telephone assessments.
ME book will have about the same |
lumber of pages that it always has |
ut will be better. A further addi- |
ion this year is cuts and descriptive
natter of all of the monuments on
outhern battlefields to be dedicated |
his summer
CLUBS FEDERATION |