The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-11-12
UNION LOSES CASE
MUST RETURN INITIATION
FEE. COURT RULES.
Woman Whose Husband Was Drowned
Trying to Rescue Her Wins
Point Against County.

TRENTON. Nov. 12.Justice Pftney in
an opinion handed down in the Supreme
Court yesterday reversed the judgment of
the District Court of Elizabeth in favor of
John r. Cosgrove and the Brotherhood OF
Painters. Decorators and Paperhangers OF
America No. 50, in the suit of LAWS Levin.
Levin applied for membership in the union,
paid an initiation fee of SO in instruments,
and was rejected. The defendants claim he
was not entitled to the return OF the fee
because he had received the protection Of
the union while his application was pend
ing, and had made false statements as to
his earning ci 3acity.
On tho former question Justice Pitney
says hat the plaintiffs right to seek and
gain employment In his lawful occupation
was a right secured to him by the Consti-
tuition. The fact that the brotherhood
was considering his application cannot be
construed as protection TO him. nor was
1t in a legal sense a benefit to him. The
court also holds that 1t was not shown
that Levin had made any false statement
to the union. Among other opinions were
the following:
Sustaining the verdict for $1,000 damaSss
recovered by August Arnold against the
Newark Spring Mattress Company. He
fell through an elevator shaft, sustaining
a fractured hip, which shortened one Of
his legs about two inches
Sustaining the refusal of the trial judge
to grant non-suits in the two actions
brought by Mrs. Elizabeth X. McLaud to
recover damages from the Norris County
Board of Freeholders for failure to main
tain a bridge in proper condition., whereby
her husband lost his life by plunging into
a river to rescue his wife, whose danger
was due to the negligence of the Free
holders in not properly maintaining the
bridge.
Sustaining the conviction of one Billing
ton under an ordinance of Jersey City pro-
hibiting roller skating in Bergen avenue.
That thoroughfare is asphalted and pre-
sents a fine surface for skaters. The de-
cision upholds the validity of the ordinance.
John Frankonski VS.. American Locomo-
tive Company of New Jersey, on rule to
show cause. The application was dis
missed.
William O., Lay VS.. Common Council
City of Hoboken. Application for man
damus. The court granted an alternative
Paul r.. Albanesius VS.. Peerless Rubber
Manufacturing Company. Sets aside YER
dict recovered in the Hudson County Cir
State VS.. Board of Council of the town
of Union. Application for mandamus. Al
tentative writ of mandamus is allowed.
George L. Record VS.. Pennsylvania Rail
road Company and Lehfgh Valley Railroad
Company. On writ of error. Judgment is
affirmed. Damages for injury to Mr.. Rec
ord's automobile.)
George Altzheimer, administrator, VS..
Central Railroad of New Jersey. Demurrer
to replication. Judgment for plaintiff on
demurrer to be entered.
August Arnold VS.. Newark Spring Mat
tress Company, on rule to show cause.
Rule discharged.
Louis Arzonieo VS.. Board of Education
OF West New York. On demurrer to decla-
ration. Demurrer overruled.
Maggie M. Comfort and Samuel J. Com
fort VS.. Ocean City Electric Railway. On
rule to show cause. Rule made absolute.
Charles II. Clenver VS.. Public Service
Corporation. Writ of error. Judgment be-
low affirmed.
Clinton IL. Smith Company Us. Charles
w. Oathout. On appeal. Appeal dismissed.
On appeal. Judgment below reversed. New
Nathan W. condict VS.. North Jersey
Street Railway. Writ of error. Judgment
below affirmed.
Jacob w. Bacot VS.. Addison Ely. Rule
to show cause for new trial. Rule dis
charged.
Paul Badewltz vs., West Jersey and Sea-
shore Railroad Company. On writ of err
ror. Judgment below affirmed.
Louis c. Walke VS.. John Hancock Nut
show cause. Rule granted; new trial or
dered.
Sophie Johnson VS.. the Lembeck & Betz
Eagle Brewing Co. On writ of error.
Judgment below affirmed.
Borough Of Pleasantyllle VS.. Pleasant
Vile Water Company. On rule for man
damus. Alternative writ allowed.
Borough of P~leasantyille VS.. Atlantic
City and Suburban Traction Company. on
application for mandamus. Alternative
writ allowed.
State VS.. Biango. Writ of error. CTo be
decided during the term.
Sobere VS.. Benjamin Atha Company. On
writ of error. Judgment affirmed.
Case VS.. City Of Trenton. On certiorari.
Writ refused.
Clement VS.. Stanger. On motion to change
venue. Motion discharged.
Hudson and Manhattan Railroad Com
pany VS.. Hoboken. On certiorari Ito be de-
cided during the tenn.
REIN VS.. Bissinger. On appeal. Judg-
ment below affirmed.
Hartshorne VS.. Borough of Neptune. On
certlorari. Writ allowed. New assessment
ordered.
Rhlnesmfth VS.. Erie Railroad Company.
On rule to show cause. Rule discharged.
Cleveland A.. NJ. Company VS.. Compound
Magnet Brake Company. On appeal. Rule
discharged.
Perth Amboy Traction Company VS.. City
OF Perth Amboy. On certiorari. Ito be de-
cided during the term.)
Brotherhood of Painters. Or appeal.
Judgment below reversed. New trial or
dered.
Joseph Maggie VS.. Max Flusser. On rule
to show cause. Rule denied.
Essex County Park Commission VS.. Town
of, West Orange. On eertiorari. Judgment
below affirmed.
Helen Ling VS.. Joseph Frank. On rule
to show cause. Rule made absolute.
Ella M. Kennedy, administrators, VS..
Central Railroad of New Jersey. On
writ of error. Judgment below reversed.
William A. Kistler VS.. Henry H. Oxford.
On demurrer to declaration. Demurrer
sustained.
John NJ. Hughes's Sons Company VS..
Bergen and West Side Automobile Com
pany., On appeal. Judgment below af-
frmed.
Robert Killgore VS.. Village of Fleming
ton. On rule to show cause. Rule made
absolute.
Hartshorne VS.. Avon by the Sea. On
certiorari. Writ denied; assessment af-
firmed.
Mary M. Helney VS.. Andrew Nolan. On
writ Of error. Judgment below reversed.
New trial ordered.
Ellen Glenn VS.. Jersey City, Hoboken
and Paterson Street Railway. On rule to
show cause. Rule discharged.
Joseph Floorsch VS.. William j. DonneI.
On rule to show cause. Rule made abso-
Lutte.
Board Of Chosen Freeholders of Hud-
son County VS.. John G. Kaiser. On de-
murrer. Demurrer IS overruled.
Jane Fortescue VS.. Columbia Real Es-
ton. Judgment TO be entered on demur-
Erie Railroad Company VS.. City OF Pas
sale. On certiorari. Certiorari denied.
Irwin vs.. Detwiller. Demurrer to decla-
ration. judgment to be entered on de-
murrer.
Daley VS.. Kiernan. Demurrer to plea.
Judgment to be entered on demurrer
IL State VS.. William Conklin. On
writ OF error. Judgment below affirmed.
The State VS.. Joseph Spina. Or writ of
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