Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-04-23
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important Decisions!
NEGTJcEny,,1

I
| iaiitill was driving an automobile
iioi' IN on the east side of a wide street
''oolced red lights near the west cu,h
" the street. He concluded that the
lshts We're intended to show d,naar
t1"e sac OF the driveway, and pro-
~, 80 az d speed of eight or ten miles
oi, keeping to the right of the
le discovered the excavation
iofe reaching the street car
'''eh on the intersecting street. bu.
vas gong too fast to stop his car
"ilich went into the excavation. iniur
ing the plaintiff. Held. that the red
lishts We're an evidence of danger and
IL was plaintiffs duty to have his car
under control after seeing the light
mat he could stop it within the dis
lance at which he could readily discern
the danger
karrer VS.. City of Detroit, d. l.. N.
Vol II, 100
LIABILITY OF PHYSICIAN.
rlalhtlH brought an action against
physician for malpractice in burn
ing piaihtlff's body by the use of an
Array machine for the treatment of
appendicitis. The supreme court held
mat the fact that the plaintiff was
severely burned by reason of such
treatment was of itself evidence that
such treatment was improper; and in
view thereof it was held that the de-
PENDANT was not prejudiced by the fact
that other physicians, who testified that
A-ray treatment for appendicitis was
not approved, were not of the same
school of medicine as the defendant.
Stockley VS.. Turner, 103 N. w. Rep.
$50 Uowa)
SALES
Defendants wrote plaintiff, liquor
dealers, that they We're in the market
for ten barrels of whisky and they
would place an order at once and asked
plaintiffs to ship two barrels if defend
ants offer at a certain price was ac-
copied. Plaintiffs accepted the offer
and set aside the ten barrels in the
bonded warehouse, numbered and
marked them, issued warehouse re-
ceipts therefor and sent defendants
the receipts and invoice. Two barrels
were shipped After delay of TWEEN
ty-four days defendants offered pay
ment for the two barrels shipped. but
refused to pay for or receive the ball
ance. Held: That defendants, in re-
tanning the warehouse receipts and IN
voice for twenty-four days, ratified the
contract: and that the delivery of the
warehouse receipts was sufficient to
mass title. Kessler VS.. Veis, ct al, u.
l.. ~. Mich Sup. CT, 1905.
NOTABLE LEGAL DECISION.
Justice Leventritt, of the New YORK
state supreme court. has handed down
a decision to the effect that the pur-
chaser of a railway ticket from uhe
original owner has the legal right 10
sign original purchasers name to the
said ticket when presenting 1T TOR use
on a railway, and is not guilty OF ffauu
and forgery in doing so.
A. G. Newbl1rn had been arrested Tor
fraud and forgery in signing the name
of G. f. Whitcomb to New YORK
Central railway ticket purchased OF
Whitcomb. Justice Leventritt heia
that the mere sale of the ticket carried
with it the purchasers right to sign TO
II the name of the man from whom ne
bought it,
MINERAL LANDS.
The plaintiff sued to recover damase7
for the act of the defendant for taxing
all the coal from under his land' ana
leaving the surface unsupported py
reason of which it broke and fell in.
Judge Mason. before whom the case
was tried. held that the defendant COM
sny was not liable in damages 10 ua'
owner of the surface, and this ]udg-
ment the supreme court has afffmea.
This is a decision of much importance
m owners of mineral lands The de-
;;or &c directlv contra to the author
;tias The previous cases on subject
,-bich are collected in IS Am. and Eng.
E,ncv. of Law end ed.) $50, have uni
formly held that the owner OF the sur
face is entitled to damages for injury
caused by the removal of the sub
iacent support, unless he has expressly
or nv necessary implication, released
his right to amages.-Griffin'v Fair
mont Coal Company, West Va. SUI
irene Ct. Nov. 1905.