Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-05-29
! Important Decisions

| Plaintiff brought suit to recover
| damages for injuries to his hand, ana
| during the trial of the case attempted
| to testify, as showing the pain ana
| suffering he had endured, that he had
| dreamed that the hand in question
would be amputated and that he told
| his wife to preserve ii in ice, so that
| his body could all be buried together.
| The trial judge held that this was not
| competent proof and said, 1T is true
that certain learned writer's maintain
that dreams are due to physical and
mental condition of the dreamer, but
we apprehend that no law writer of
note will venture to recommend, or
court of last resort to hold. that dreams
be admitted as evidence to prove the
existence of pain and suffering
Louisville II. Co. etc, VS., Smith, 81
S. W. Rep. 1855 (ky.)
STREET INDULGENCE
Defendants parallel tracks as they
approach bridge curve gradually tow
ara the retaining walls, continuing TO
curve to point about twenty feet
from the bridge on either side near the
structural steel work. Just beyond the
terminus of the curve the coping OF
the bridge angles sharply toward the
structural steel work of the bridge I'm
til 1t is about two feet from the south
rail AT the beginning of the curve the
tracks are about six feet apart. and at
the end of the curve about twelve feet
apart. Plaintiff was driving cast on
the south side of the road, and AT a
point about 1000 feet west of the
bridge looked but did not see any car
approaching in the rear. AT point
about 500 feet from the bridge he heard
car coming and urged his horse to
a faster gait. and kept on going until
he reached that part of the approach
between the retaining walls where the
coping was, when he turned on to the
track, and the car struck the rear of
his wagon. throwing the plaintiff out
and iniuring him. Held: That the
plaintiff was guilty of contributory
negligence in attempting to cross, and
could not recover. unless the Defend
ant company could have avoided the
collision by the exercise of reasonable
care after discovering plaintiffs neg
ligence. and it was a question for the
jury. whether, under all the circum-
stances, it was not apparent to the
motorman that plaintiff did not intend
to stop and let the car pass. The
Judgment for plaintiff in the lower
court was reversed.-Daniels VS.. Bay
City Traction & Electric c., d. L. n.
Vol 1915.
GAME IN POSSESSION.
Under the New York statutes pen
atty is imposed for having in posses
sion grouse or plover during the closed
season. In the case Of People VS.. Hes
ternerg, 90 N. Y. Supp. 2S6. the New
York appellate division, has recently
handed down a decision in which they
have held that the statute referred to
is an unconstitutional interference
with foreign commerce in so far as it
attempts to punish as crime the pos
session of plover and grouse lawfully
imported into the state from foreign
countries under the federal customs
statutes, where such plover and grouse
are readily distinguished from native
varieties and are wholesome articles of
commerce.
ANTI TRADING STAMP ACT.
The Mass. statutes y. 376. chap. 402,
provides that every person, etc, selling.
giving or delivering tradic.s stamps. i'll
connection WIFI lHe sdle VI dltiSieS,
emitting the holders thereof TO receive
articles other than those so Sold shall
pay an excise tax. In the case of
O'Keefe VS.. Somerville, 76 N. E. Rep.
457, the Mass. supreme court has re-
Gently held this statute to be uncon-
stitutional as an unreasonable re-
striction on the business therein de-
scribed. 1t is held in that case that
the right to conduct the business in
the manner described is not com
modify" within the meaning of the
state constitution, which authorized
the legislature to impose reasonable
duties, and excuses upon any produce,
goods, wares merchandise and COM
modities whatsoever, brought into, pro-
duced, ETC., within the commonwealth.