Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-01-20
5 Important Decisions !

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Plaintiffs intestate had worked
about defendants lumber camp about
forty-iive days, clearing away for the
teams, placing skid ways, and assist
ing in getting the logs from the sleighs
to the rollways His work took MIN
in front of the rollways, where skids
We're in constant use. On the day the
accident occurred, decedent was taken
from his work and worked as a chain
man, assisting in getting the logs up
inclined skid ways. The rollway was
weak and as he was removing an in
clned skid from the rollway, 1t went
out, crushing decedent Held, that the
danger was obvious and verdict was
properly directed for defendant.
Carnes, administrators, VS.. Guelph
Patent Cask Co, ID. l.. n. 331 (Mich)
CONTINGENT FEE.
The plaintiffs, a firm o. attorneys,
had undertaken to bring certain dam
age suits against the defendant under
an agreement that they were to re-
ceive 90 per cent of any amount re-
covered They served upon the de-
PENDANT g, written notice of this agree
ment, but thereafter the defendant
made settlement with the injured per-
sons, whereupon this suit was brought
to recover one-half of the amount
paid in settlement. it being alleged
that the parties with whom the settle
ment had been made We're insolvent.
The court said that "the question of
the assignability of claims of this char
acter has frequently received consid-
GRAFTON by the courts of our sister
states, and, although in some iurisdic-
lions their assignability has been af-
firmed, The weight of authority will
be found to support the contrary view"
Welles VS.. Jersey City. etc, st. K.
Co 81 Att Rept. $50 On. j.
FRA UDULENT CONNEYA NCE.
1t is held that where husband, with
knowledge that divorce proceedings are
about to be begun against him, or with
notice OF such facts as Should reason
ably apprise him thereof, conveys his
property TO an infant son by another
marriage with the evident purpose of
defeating a decree tor alimony, the bur
den is on the grantee to show valu-
able consideration, or else that the
conveyance will not tend to defeat the
wifes claim for alimony. The court
said: We believe that in a case like
the one at bar where the wife, thru
the cruel treatment of the husband, is
compelled to resort to the courts to Sc
cure the rights of alimony and main
tenance, she is quasi creditor, and
the conveyance to the plaintiff in error
being voluntary, and without consider
alton and being a conveyance which
operates to hinder, delay, and defraud
her in the collection of her rights, it is
immaterial whether the grantee had
knowledge of the fraud, or whether he
participated in it or not, because the
principle of the law is that in such
cases the conveyance must fail, as the
law requires that the grantors must
be just to his creditors before he can
be generous to his friends"
Bennett VS.. Bennett, 81 pac. Rep. 632
(Oklahorna.)
INJURY TO CHILDREN.
The plaintiff, little girl, sued to re-
cover for injuries received by the fall
ing of several iron girders piled in the
streets in front of the defendants
premises 1t appeared that at or inn
mediately before, the time of the in
Jury she, with several other children,
was playing on the girders. Held that
an abutting land owner has right to
deposit in the street building mater
ials required for the improvement of
his property; that he is not charged
with the duty of rendering the ma
to use. them for their own purposes,
whether of pleasure, convenience, or
profit.