Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-05-25
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EImportant Decisions
MAe.lEl; ANp SERVANT

NJ AS,lElt AM SEX v AZ .
Plaintiff, an intelligent boy OF fifteen
years of as,e, was injured while an EN-
ploye of defendant. Defendant was
u manufacturing corporation engaged
in the making of all kinds of electric
heating machines In the basement of
the building occupied by defendant was
a room called the paint room. Under
a bench il this room stood the var
iouS paints, oils and varnishes used
/ by defendant in painting and varnish-
ing the machinery it manufactured.
Standing among these Was two gall
lon can containing less than gallon
of a variety of varnish called bron-
| zine. 1t had formerly been used by
the defendant for gliding radiators, but
had been laid aside because it was not
suitable for that purpose. and had been
used Tor some time prior to the acct
dent only for polishing shoes On the
day OF the accident a fire was burning
in a stove near this can of varnish.
A co-employe of the plaintiff desiring
to polish his shoes, plaintiff was di-
rected by his immediate superior to
accompany said co-employe and point
out this can. On removing cover of
can near the stove it exploded severe
ly injuring the plaintiff. Plaintiff tes-
titled that he was not warned of this
danger, and did not know that the
service he was called upon to perform
was dangerous. Held: l. That de-
PENDANT was not guilty of negligence
in failing to warn plaintiff of the dam
gerous character of the varnish, and
the defendant could not be held to
1, 40
plosve character of varnishes when
opened in Il room some distance from
"a fire, than the ordinary well inform
ed user of varnishes. Defendant had
verdict in lower court which was sus-
tanned by the supreme court.
d. l.. News Vol. 1916, Mich.
ABSENCE OF TRIAL JUDGE
Defendant. charged with homicide,
was convicted in the lower court. Dur
ing the arguments of counsel for the
state the judge retired for u few min
utes to his chambers. leaving open the
door between such chambers and the
court room. On appeal, the supreme
court held that on a trial of capital
case the presiding judge must be pres
ent in the court room during the ar
suments of counsel AS we'll as during
the Introduction of evidence. Convic-
ton was reversed.-Slaughter vs. U. S.,
50 S. w. Rep. 1872 Gnd. Ter).
PRAtsTICING PHYSICIAN.
The Tennessee supreme court has
recently handed down an interesting
decision as to what is practicing med
icine." The court held that person
who diagnoses his patients diseases
by a microscopic examination of a
drop Of blood, and treats them by plac-
ing them under the rays of electric
arc lights, and also incidentally pre-
scribes medicines for such patients, |
tho without charge therefor, is prac /
ticing medicine within the meaning of |
the statute prohibiting the practice of
medicine without license.-O'Neil VS.. |
Stete, 90 s. w. Rep. 5S1 (Tem).
RIGHT OF PURCHASER
The firm of Brand e Smith sold and [
transferred its assets and the good |
will of the business to corporation |
bearing the name of David H. Brand &
Company. Subsequently Smith, a
of the old firm of Brand &,
Smith formed a partnership under the
name of VIM. Smith & Brother for the |
purpose of carrying on a business of