Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1907-06-29
Recent Legal Decisions.

One furnishing electricity for lighting
purposes is held, in Phelan VS.. Louis
vile Electric Light Co. Ky) 6 Ira.
lN.S.) 400. not to be an insurer against
INJURY TO persons whose duties require
them to be near the wires, but to be
required to exercise the highest care to
prevent such injury.
Upon renewing a note for debt, it is
held in Bramblett VS.. Deposit Bank CKy.)
u L.R.A.N.S) 612, that accrued interest
may be added to its face, and the COM
bined amount form the principal of the
new note, without violating the usury
laws.
Proof of the falling of a trolley pole
from an electric car, when it stopped at
usual stopping place, upon a persona
standing there for the purpose of getting
upon the car, is held. in Cincinnati Tract
ton Co. VS.. Holzenkamp Ohio 6 L.R.Ai
lN.S.) $40, to raise presumption of neg
llgenee on the part of the traction com
pany.
That a track repairer engaged in lamp
ing gravel under a tie is not bound, as
matter of law, constantly to look and lis
ten for trains approaching from behind
him, is declared in st. Louis, l. NJ. & S.
K. Co. VS.. Jackson (Ark.) g L.R.A.( N.S.)
GAG, where it is customary for signals to
be given to laborers SO employed upon
approach of trains.
The occupant of property is held. in
Dahlin VS.. Walsh (Mass.) Il L.R. .(N.S.)
G15, to owe no duty to pedestrians to
keep the sidewalk free from ice and snow
coming thereon from natural causes, or
to guard against accident by scattering
ashes or using other like precautions,
whether or not any public duty is i'm
posed upon him by municipal ordinances.
Marder vs.. Heinemann, 100 New York
Supplement, $50, supports the doctrine
that tenant may remove his furniture
by specially provided exit where the
furniture cannot. on account of it size,
be taken through the ordinary exits of
the building. and where such furniture
was brought onto the premises by the
landlords assent in the same manner as
1t is sought to remove the same.
An instrument reciting the receipt of a
certain sum in part payment of all tim
Der of a certain kind and dimensions on
certain described land, which has been
sold to the purchaser for certain
amount to be paid within a certain time,
IOSNthSl WIN d IiSHl " euleF the ldUu
and build tramways to remove it within
a certain term of years, is held. in Den
MS Simmons Lumber Co. VS.. Corey IN,
% 6 LR.A.(N.SJ 46S, to pass title to
the timber.
4 lumber company which obtains from
a railroad company the privilege of run
ming logging train on it's roadway,
which has no supervision or control over
hn 1oIf Of
is held, in Hamilton VS.. Louisiana & n.
w. K. Co. Ua.) 6 Ira. (N.S.) 1877, not
to be liable where the logging train is de-
rallied by the giving way of a defective
bridge, resulting in the injury of the con-
ductor, who had full knowledge of the
situation when he accepted the employ
ment.
The vacation of a portion of a street.
whereby persons right of ingress and
egress from one direction is cut off. leav-
ing his property fronting on a cul-desac,
or blind alley, is held, in Vandeburgh
VS.. Minneapolis (Afinn.) 6 L.R.A.(N
TAI, to infiict on him an injury special
and peculiar to his property, and not
common to the public at large, and to en-
title him to compensation under the con-
stitutional provision forbidding the taking
or damaging of private property for q
public use without compensation.
That the woman who was party to a
marriage contract was suffering from pull
mOnary tuberculosis is, in Grover VS..
Zook, 81 Pacific Reporter, 63S, consid-
cred sufficient justification for the
breach of the promise of marriage by
the man, even though he knew the fact
when the engagement was made. The
holding is based on the laws enacted for
the purpose of preventing the spread of
consumption, and on grounds of public
policy, and the Washington court cites a
number of authorities in support of its
position.
In Temple VS.. McComb City Electric
Light x Power Co. (Miss.) AZ Southern
Reporter, S74, an electric light company
is held liable for injuries to a small
boy received by coming in contact with
an uninsulated wire while climbing a
tree through which the wire passed. The
tree in which the accident happened was
a small oak tree. Astounding in branches
extending almost to the ground. AS the
light company had knowledge of the tree
and what kind of tree it was, the
court held that it also knew what any
person of practical common sense would
know-that it was just the kind of a tree
children might climb into, to play in the
branches. The court remarks that the
immemorial habit of small boys to climb
little oak trees filled with abundant
branches is one of which corporations
stretching wires over such trees must
take notice, and the court is going to
= 20 hn rt 10Th Of r,o1I l.