Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1907-11-30
Recsnt Legal Decisions.


One attempting to ride a bicycle upon
a sidewalk. even in the absence of an
ordinance prohibiting it. is held, in Field
err VS.. Upton (Ala.) s Ira, tN.S9
1868. to take the risk of injury which
he may thereby cause to pedestrians
with whom he comes in contact.
The rights of a married woman in a
pad-up insurance policy in her favor on
her husbands life are held, in Blum VS..
New York l.. ms. Co. (Mo.( > Ira.
tN.S.) 923, not to be impaired by sub
seouent statute authorizing the designa-
ton Of Il new beneficiary by the husband
in case of the enforcement OF the
wife.
Failure Of the owner of the fee to OBJ
iect TO the construction of telephone
line in highway and to take steps to
effect it's removal. for less than the
limitation period, is held, in Burial VS..
American Teleph. & Teleg. Go. Qll) 3
U.RA. MS 1901, not TO deprive him
Of the right to enjoin the maintenance
Of the line.
The death of the horse without fault
az the purchaser is held, iii Swaney VS..
Alston Gowa) Ira. (N.S.) 1892, to
terminate further liability on a contract
for the purchase of stallion by which
the title is to remain In the seller until the
purchase price is paid. and the purchase
price is to be paid out of the earnings
of the animal.
That hospital receives a patient who
Is a county charge, under contract with
the county for less remuneration than
the service is worth. is held. in Gitzhoffen
VS.. Sisters of Holy Cross Hosuital as
soeiation Qtah) 8 Ira. (N.S.l 1161,
not TO preclude him from holding it liable
to him for injuries caused by negligence
or incompetence of nurses.
4 father is held, in Graham VS.. Gra-
ham (Colo.,) 3 Ira. (N.S.) 1870. not to
he relieved from his duty to support his
children by Il divorce decree awarding
their custody to the mother, and directing
the payment TO her of a certain gross
amount IN instalments as alimony for her
support and that of the children, which
will be exhausted before they reach ma
turity.
Suicide of member of a mutual bene-
iii society is held in Grand Legion Of
Illinois s. *. Of A. vs.. Beatty CID &
Ira. ms f124, not to defeat re-
covery on his benefit certificate issued
in favor of his wife, in the absence Of
express provision III the contract TO
that effect. although the beneficiary had
not a vested interest which could not be
defeated by the member.
4 telegram stating that certain per-
sent by bank in response TO a tele-
graphic inquiry as TO whether such per-
sons check is good for that amount, is
held. in First Nat. Bank VS.. CONNER
c.a Say. Bank (kanl s Ira. (N.S3
Ills, not TO import an absolute promise
10 pay the amount of the check, or cou-
stitute contract of acceptance external
TO the bill.
The space between the tracks of Il
Il. L.. Il u
together that the distance between
trains passing thereon is only 4 feet. is
held, In Mcclure VS. Great Western
Acct Asso. llowal $ Ira. (N.S.( $40
10 be roadbed within the meaning of
that term in an accident insurance pol
ley restricting the liability of tie ins,lr-
or in case of accidents while assured is
on the roadbed of a railroad.
The adoption by q telephone company
OF the number for calling its trouble de,
partmcnt which has been long in use, by
another company is held, in Rocky
Mountain Bell Telephone Co. vs.. Utah
independent Telephone CO. (UtaM u.
RIA, (N.Sl 1153, not 10 be unlawful
although by SO doing it may learn,
through the mistaken identity of the sys-
TENS on the part of patrons. of trouble
on the rival lines, and solicit such pa-
irons 10 change systems, and although ii
may result in some instances in such
changes.
A deed npon condition that ii is to
take effect from and after the death of
the grantor is held, in Sappingtied VS.
King (Orl $ Ira. (N.Sl 1866, to
be revoeabie at any time before death.
especially where the grantor does not in
tend 70 part with the deed presently.
Paying employees of suh-contractor
with its own checks is held. in Good VS..
Johnson (Cole9 s Ira. (N.S.) S97,
not to eStop contractor from denying
MS relation of master to such employees.
where the checks on their face show
that they are ON account OF the pay roll
of the sub-contractor.