The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-04-30

ilns EAMtonoUlleS.-The increasing 3uSe
Of automobiles has brrlght before tie
courts the question sof the degree 81
care required while driving on streets
and highways. The ST. Louis Court OF
Appeals in McFern vs.. Gardner, 81
Southwestern Reporter, 912, holds that
the chauffeur in charge is bound to
exercise care commensurate with the
risk of: injury to other vehicles and
pedestrians on the road, and express,
es the opinion that this care is as
great II not greater than that required
Ct niotormeu operating electric street
cars. The court says 1t Is the duty OF
q chauffeur on a public highway In a
populous city to keep vlgilant watch
ahead for vehicles and pedestrians,
and on the first appearance Of danger
20 take proper steps to avoid an acct.
dent.
Admission OF Attorneys.-The ques.
ton as to the power Of the legislative
branch Of the government to estab.
lish qualifications and regulate the ad.
mission Of attorneys Is passed upon by
the Supreme Court Of North Carolina.
in the matter Of Applicants for License,
IS Southeastern Reporter, 635. The
court, after reviewing numerous All.
u.orities, holds that a statute prescrlb.
ing qualifications does not violate the
constitutional provision that the leg.
i~slatIye branch OF the government
Shall have no power to deprive the
Judicial department Of any power or
Jurisdiction which rightly pertains to
IL. In re Day, 49,, Ill. 70, 81 N. E! GAG,
Is opposed to this holding. An effect
Of the North Carolina holding Is that
one presenting the certificate OF two.
attorneys as to good moral character
I ~. Of -
is entitled 10 admission without hives:
tIgation by the court on this point,
even though his character be attacked
BY formal charges.
Use Of Streets by Building Contrac.
tor.-A person sitting on a pile Of
building material placed In the street
in front Of a LOT upon which a building
was being constructed was injured by
a splinter from a pile being driven In
the foundation. In a suit for damages.
the contracting company insisted that
it was liable only for gross negligence,
as In the exercise OF its lawful right to
place IN the street building materials,
the street had temporarily ceased to
be subject TO 1se by the public, and
that persons on that part Of the street
occupied by the building materials
were trespassers. The Supreme Court
Of Wisconsin stntes that the right Of a
lot owner TO cucumber an adjoining
street does not transpose the street
into private property. 1t is only one
Of the lawful uses Of the space, and
must be made in difference to the
rights Of others to also make all law.
ful use thereof. By way OF ilastra.
ton the court says that the presence
OF a vehicle in the street, while en-
,irely lawful, Is not exclusive of the
right of another party there, nor does
the laTfrlnsss Of such use absolve the
owner from the duty Of dne,care to.
wards others. The case is Comply VS..
Starke Dredss & Dock Co., 1903 North.
western Reporter, $50.
Right OF Dowar Barred by judicial
sale.-The Supreme court Of Iowa in
Pierce rs, o'NeIl, 100 Northwestern
Reporter. 1882. holds that a sale In
strict accordance Nth the terms OF n
trust deed IN Thlch the wife Of the
grantoT had not Joined was In effect
a judicial sale, and that the dover
| rights Of the snntor's wife we're,
therefore, barred. The court says that
the sale Is . judicial one under the
statutory pro7IsIon that trust deeds
may be foreeiosed In accordance with
their terms.
III Health ms Defense 10 Marriage
Contract.-Whether a man Is justified
in breaking a marriage promise by the
fact that the Toman Is suffering from
tuberculosis Is raised In the case OF
Grover IS. Zcoh, 81 Pacific Reporter,
COS, and the Supreme Court of Wash.
ington comes to the conclusion that
In view Of Laws enacted for preventing
the spread Of consumption and or the
ground Of public policy, the breaking
of a promise under such conditions is
%justifabfe, even though he knew that
the woman vas infected with consump.
ton al the time the engagement was
made.
Essentials Of Larceny.-The neces.
sity Of showing a trespass in a prose.
cution for larceny Is raised In Topol.
ewski VS.. Stute, 100 Northwestern Re.
porter, 1887. The accused through a
confederate had arranged to obtain by
criminal means the products Of n pick.
ing company, but the plan was aban.
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