The Meeker herald. [volume] (Meeker, Colo.) 1885-current, 1906-02-03

where the statutes permit an indict-
nent for robbery for taking money
from the clerk or agent. The other
cases on robbery by taking from one
person property belonging to another
are cOllated In a note to this case.
Placing an electric light in close
proximity to trolley wire at curve
is held, in Nelson VS.. Narragansett
A. ZIG, not to be the proximate cause
of an injury to one struck by glass
falling from the globe when shattered
by trolley leaving the wire. since
failure to keep the trolley on the wire
is prima facie negligence and is the
act OF responsible person interven-
Ing between the placing OF the light
and the injury.
Where it appeared on the trial for
murder that the victim was shot and
wounded by one person using shot
gun and another using a pistol. AMI
that one of the wounds inflicted by
the pistol was certainly mortal. and
that probably one or more OF the
wounds inflicted by the shotgun were
SO. it is held. in Walker VS.. State
(Ga), 81 L. r. A. 426. that, in order
to convict the person using the shot
gun of murder in such a case, the evf-
dence must be such as to authorize
the jury TO find that death actually
ensued as the result of the act of the
defendant on trial. in the absence Of
any conspiracy between the parties
doing the shooting. The other author
tiles on homicide resulting from injur-
les by different persons acting indie
pendently are collated in a note to this
case.
A policy of insurance on the fur
niture of house is held, in Dow VS..
National Insurance company (R. ID, CT
L. r. A. 479, to be void in toto II a
large part of the furniture has been
purchased on the installment plan and
is not paid for and the policy provides
that it shall be void If the interest of
the insured is other than uncondition-
al and sole ownership.
A statute requiring an insurer to fix
the insurable value of the property In
sured and to state such value in the
policy, the measure of damage in case
of total loss to be the amount SO fixed,
and in case of partial loss such pro-
portion OF the amount upon which
premiums are paid as the damage sus-
Ii, >f NO t,,S, htn Vqlna
fixed by the agent, and providing that
the insurer shall be estopped to deny
that the property insured was worth
at the time OF insuring the amount so
fAcd and that the agent soliciting the
insurance shall be held to be the
agent of the insured-is held. in Hart
ford Fire Insurance company VS.. Red
ding tFla.), 81 l.. r. A. SIS, to be val
id.
An agreement without considera-
ton, giving an option to purchase real
estate, is held. in Frank VS.. Stratford-
Handbook (Wyo), ca l.. X. A. 571, to
be revocable at any time before 1t is
accepted; and revocation is held TO
be effected by sale and conveyance
OF the property to a stranger,
Injury to boy from torpedo
which he picks up near railroad
track is held in Obertoni VS.. Boston &
NJ railroad tMass.), CT l.. r. A. 422,
rot to make the company liable mere
ly upon evidence that brakeman
tossed II to nagman, who threw it
back. and upon the Trademarks failure
to catch it. and letting it fall to the
ground, no attempt was made to re-
cover and remove it to "A safe place.
A fec in the first taker Is held, In
Brown VS.. Brown Uowa). G7 J.. r. A.
G29, not to be created by the rule in
Shelley's case by conveyance to
one ft~ her natural life with proyis
ions for forfeiture in case of attempt
to cucumber, or nonpayrlent of taxes,
and at her death to her children or
TO their lineal descendants: and 1t is
held to be iInmaterial that, under the
forfeiture clause, in case of compli-
ance with the conditions the land was
to pass to the lineal descendants of
the life tenant.
Change of the stated price in a te!e-
gram intended to notify a purchaser
of the market price of mules, SO as
apparently to quote them at $40 a
head less than their market price.
which results in the sendee's directing
the purchase of certain number on
his account. is held, in Hays VS.. West |
ern U. Teleg. Co. IS. CO, 81 l.. r. A.
4S1. to render the telegraph company |
liable for the difference in the price |
paid and that stated in the telegram
az delivered.