The Hawaiian gazette., 1908-05-01
COUNTIES LIABLE
FOR SOME TORTs
tFrom Wednesdays Advertiser)

IOm w ttucSudy-S AQNcIllScTJ
The Supreme Court yesterday hand
ed down a decision in the case OF
Kumazo Matsamura VS.. The County OF
Hawaii, holding that the county is
liable for injury to private property
lying outside of a public highway,
caused by the negligence of county
employees in repairing the highway.
The cause of action arose by reason
of the fact that in repairing a road in
Hamakua, the county employees turned
/ stream of water out of It's course.
1t undermined a bank causing a land
slide which fell on the roof of the plain
tiff's house, crushing it and nearly kill
ing its occupants. Judge Parsons on
demurrer held that the county was not
liable. The plaintiff was represented
by Carl Smith and A. F. Judd. The
Hawaii Supervisors were represented
by the Attorney General.
The opinion of the court is concurred
in by Chief Justice Hartwell and JUS
tice Ballou. Justice Wilder files a dis
senting opinion. The majority of the
court were undoubtedly largely inf1u-
enced by a decision arising out of
somewhat similar circumstances in the
District of Columbia
The decision is a very important one
and is published in full elsewhere in
this paper.
THE EDMUNDS ACT.
William Black and Mary Oleson were
IJo+
yesterday morning on a charge of vio-
lating the Edmunds Act. Bail was
fixed at $500. The woman, who has five
children, was allowed to go for the
day on her own recognizance that she
might find some one to go her bail.
Frank Borges and Laura Schauer |
waived examination on a similar |
charge and were held in the same |
bail.
Toni and Yuki Yoka will have a
hearing on the same charge today.
ASKS A NoNSUIT.
In the damage suit of Carolina Vier-
"a against the Waialua Agricultural
Company, the defense has asked for a
nonsuit on the ground that the plain
.iff has not shown wherein the appli
ances used were defective. The plain
.iff contends that it has shown that
he car on which the decedent was
'iding when he met his death was de-
ective in this that the brakes did not
stop the car in something like a nun
lred feet when with proper brakes the
ar should have been stopped within
much shorter distance. The car it
elf was brought to the court house
or the examination of the jury. Argu-
nent on the motion for nonsuit lasted
most of the day.
MILLS APPEALS.
H. T. Mills has appealed from the
Iecision of Judge Lindsay denying him
writ of habeas corpus.
UNCLE SANS LONG ARM.
Judge Dole and a jury were engaged
in the trial of Man Pho
harged with stolen property belonging
o the United States, more particularly
With receiving postage stamps from
Abraham Keaulana which the latter
lad stolen from a postoff1ce on the
ther side of this island. The indict-
nent against Man Pho was returned
n 1905, but the defendant has eluded
rreSt ever since tnen, Ior time, IL
s claimed by the Federal officers,
through the efforts of George Kekauo-
Ia who used to be the political boss
ver there. W. T. Rawlins is prosecut-
ng and A. D. Larnach is defending.
he case is considered important by
he Federal officers for the moral in
uence it will have in teaching the !.
loolau community where it happened.I
hat Uncle Sam has a long arm.