Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-03-16
{Important Decisionst
PERSONAL INJURIES.

Plaintiff, a porter on a sleeping car,
was injured by the blowing up of the
locomotive of train to which his car
was attached. He had signed con-
tract with the sleeping car company
releasing the railroad company from
liability for injuries. Held, that the
contract was a complete defense. with
out regard to whether the railroad
company's negligence was gross or
slight The railroad Is not common
carrier of sleeping cars belonging to
another, and is therefore entitled to inn
pose such terms and conditions to their
operation as it may elect.
Chicago r. l. & p. Ry. Co. vs.. Ham
Ter, "a N. E. 705.
OPERATION BY PHYSICIAN.
The supreme court of Minnesota de-
cides that surgical operation ny
physician upon the body of his pa
tient is wrongful and unlawful when
performed without the express or I'M
Piled consent of the patient. In the an
sence Of such consent the physician
has no authority, implied or otherwise,
to perform the same. Consent may pc
implied from circumstances. Ihls RUE
is applied to case where, a1ter
patient was placed under the lnnuehce
of anaesthetics, the physician intend
ing to operate on her right ear, dis
covered that the left ear was in more
serious condition than the right, IL pc
ing left to the jury to gay whether con-
sent had been shown
Mohr VS.. Williams, 104 N. w. IL
(Minn.)
Ass TO CREDIT.
tradesman knowingly made false
statements to a commercial agency 10
procure credit Plaintiff relying on bns
faith of the statement given out by the
commercial agency suffered injury
thereby. Held, that although the rep
RESERVATIONS were not made to MIN
personally. and although there was no
specific intent on the tradesman's part
to defraud his creditors by the state
ments made by him, he us liable to an
action for RECESSION and for damages
Mills VS.. Brill. "a N. Y. Supp. 1853 On.
"
| PROxIMATE CAUSE.
| A motornlan of "a street car negl'-
gently ran over fire hose which was
conveying water to a burning resi-
dence, cutting the hose, so tnat by
reason of the waste of water IRON the
opening the firemen lost control OF the
| fire to such an extent as to cause
| destruction of the furniture IN ulle
| house. Held, that the owner thereon
was entitled to recover from the street
car company on the ground that the
cutting of the hose was the proXlmate
| cause of the loss-Little Rock Trac-
ton and Electric Company VS.. McCas-
kill, Sc S. w. 997 (Arko
EXPULSION OF PASSENGER.
A railroad agent wrongfully refused
to endorse q return trip ticket, and the
passenger in consequence was eJecteo
from a train. Held, he was entltled 10
recover damages as for wrongful
expulsion and not simply the price OF
TRANSFORMATION which was demanded
of him, it not having been 1ncumpent
on him to purchase ticket or pay MS
fare. 80 r
Texas r. r. CO. VS.. Payne, 81 $. W.
$50 (Texas.)
DEED OF INSANE PERSON
A contract of a person actually in
sane, but never so adjudged, is Voloaole
only, and not void. "The deed OF a
lunatic is not void in the sense OF be
ing a nullity, but has force and erect
until the option to declare it void is
exercised. The right of election Inn
plies the right to ratify, and 1t may
be greatly 10 the advantage of the In
sane person to have that right III the
deed or contract is void it binds neither
party, and neither can deprive any
benefit therefrom, but il voidable, the
lunatic, upon receiving his reason, car
| hold to the bargain IL it Is good ano
| let it go if it is bad
Blinn VS.. schwarz. III N. 7. 252
] IN. ~