Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-02-12
5 important Decisions}
RAILROADS.

RAILROADS.
Defendant had placed it's locomotive
so near an important and
much travelled public thorough
fare that the putting on of
the blower was likely to brighten any
horse that might be near the track.
The locomotive was left under steam
Tor two hours and SO placed that it
was entirely concealed from a traveller
coming from one direction. The plain
iii, physician, brought the action
against the defendant, numbering
corporations for personal injuries, and
testified that he stopped, looked and
listened when some sixty or eighty feet
from the crossing and neither saw or
heard anything to indicate the presence
OF the locomotive, and that when ten
or twelve feet from the crossing! he
suddenly took fright and started to
run, and about the same time the
plaintiff hears the sound of escaping
steam, Plaintiff was thrown from the
rig and severely injured. Held that he
could recover. The court said: ut is
well settled that a railroad company
is not liable for the fright of horses
resulting from the ordinary use. move
ment or situation of it's engines, cars
or trains, and that it has lawful
right 10 make such noises as are
necessarily connected Herewith. 1t
may, however, become liable if in such
use of its property it does anything
unusual or unnecessary naturally call
culated to brighten ordinarily well
broken and gentle horses" The court
further held it was a question of the
jury whether the employees in charge
of the engine ought not to have con-
templated that a traveller might be
near the crossing at any time and to
have refrained from putting on the
blower Observation-Disclosures VS. East
Jordan Lumber Company, D. L. n.
Vol. II. page 426 (Mich.)
DEATH BY WRONGFUL ACT.
This action was brought by farmer
to recover for the death of a sixteen
year old son, whom he had abandoned
along with the rest of the family. sew
en- years previous to the death, and to
whose support he had since contribute
ed nothing. 1t was shown that the
deceased had devoted all of his earn
ings to the support of his mother, his
sister and himself but had stated that
he would be willing to help his father
financially. The court held that the
fathers seven years abandonment of
the deceased had resulted in an inn
piled emancipation and deprived that
father of any claim to the deceased's
services and earnings; that the mere
statement of the son that he was will
ing to aid his father was too unsub-
stantial to sustain finding by the
jury of a reasonable expectation that
the continued life of the son would
have been of pecuniary benefit to the
father; and that the father was en-
titled to more than nominal damages.
Swift & Company, VS.. Johnson, 1873
Fed. Rep. s67.
SEGREGATION UNDER SURETY
Complainant let the contract for the
erection of building to one contrac-
tor. A surety company gave a bond to
secure complainant for the faithful
performance of the contract by the
contractor. and the bond provided that
the surety should not be liable under
the bond to anyone except the owner,
in estimating his damages might in
clude the claims of mechanics and ma
terial men, arising out of the contract,
and paid by him only when the statute
of place, where the contract was to be
performed, We're valid liens against the
property. Held; That sub-contrac-
tor could not be subrogated to the
rights OF the contract between the COM
plainant and the surety company, as
the bond was given as security for
complainant and not compliments
creditors. (2) That the sub-contrac-
tor had no valid lien against complain
ants building.
Herpolsheimer VS.. Hansell-Elcock
Co, D. l.. NJ, Vol. ~, 1856.
CONSPIRACY TO FIX A JURY
In Gallagher VS.. People, II N. E. Rep.
s42 Qll.), 1t was held that conspir-
acy to secure the summoning of GER
tain persons as jurors to try cause
is complete when the combination is
formed, although it proves impossible
to carry it out.