The silver messenger. (Challis, Idaho) 1890-1912, 1906-01-16
5afzszA RECEABzHfE
I8NAIA LEGAL gasgs>
@=sz DECISIONS y

where the statutes permit an indics
nent for robbery for taking money
from the clerk or szsat. The otheI
cases on robbery by taking from one
person property belonging to another
are collated In a note TO this ease
Placing an electric light In close
proximity to trolley wire at a curve
is held, In Nelson VS.. NaFragansetS
Electric Lighting Co. Or. ID. 81 L. r.
A. 116. not TO be the proximate cause
OF an injury to one struck by glass
falling from the globe when shattered
by a trolley leaving the wire, since
failure to keep the trolley on the wire
ig prima facie negligence and Is the
act Of a responsible person interven-
ing between the placing of the light
and the injury.
Where 1t appeared on the trial for
murder that the victim was shot and
wounded by one person using shot
gun and another using a pistol, and
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, 1t 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 evil
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 note to this
case.
A policy of Insurance on the fur
niture of house is held, in Dow vs..
National Insurance company Or ID, 81
L. R. A. 479. to be void in toto if 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-
tanned is of the insurable value as
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
fixed 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 (Fla.), 81 l. R A. SIS. to be val.
i'd.
An agreement without considera-
ton, giving an option to purchase real
estate, is held. in Frank VS.. Stratford-
Handbook (Wyo.), 81 L. R. A ST., TO
be revocable at any time before it is
accepted; and a revocation is held TO
be effected by a sale and conveyance
OF the property to stranger.
Injury to a boy from a torpedo
which he picks up near railroad
track is held, in Obertoni VS.. Boston &
NJ. railroad (Mass.l, 81 L. r. A. 422.
rot to make the company liable mere
ly upon evidence that a brakeman
tossed it to a fiagman. who threw it
back, and upon the brakeman's 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 fee in the first taker is held, In
Brown VS.. Brown Qowal, 81 L. R. A
629, not to be created by the rule in
Shelley's case by a conveyance to
one for her natural life with provis-
ions for forfeiture in case of attempt
u CHNuLluCAs VI AOnpdf AlCn~ VI td8Gcs
"and at her death to her children or
to their lineal descendants; and it is
held to be immaterial that, under the
forfeiture clause, in case of compT-
ance with the conditions the land was
to pass to the lneal descendants of
the life tenant
Change of the stated price in a tele-
gram intended to notify purchaser
of the market price of mules. so as
apparently to quote them at SO a
head less than their market price
which results in the sendee's directing
the purchase of a certain number on
his account, is held. in Hays VS.. west
ern q. Teleg. Co. Is. CT. 81 l. r. A.
4S1. to render the telegraph company
liable for the difference in the price
paid and that stated in the telegram
as delivered.
No Time Wasted.
Farmer Cy whipple was said to
have had more religion than any other