davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1908-02-09

by reason OF such negligence and as a
proximate result thereof the passenger
received personal injuries. etc, states
q cause In simple negligence good
against demurrer.
.. Same. - A complaint which
ascrfbes the injury to the companys
negiigentiy running the car while the
passenger was in the act OF alightihg
and AYERS the proximate cause to be
the consequential, as distinguished
from Intentional, result OF the mis-
conduct. states q cause Of action in
case, good against demurrer.
:. Action; trespass. or case.--A COM
plant which alleges the duty of the
company to carry the passenger safe
iy. and that. failing In this duty and
with reckless disregard for the safety
of the passenger, and knowing that
the probable Consequence would be to
inflict injury ON him, wilfully wanton-
ly or Intentionally ran. the car while
the passenger was In the act Of alight-
ing, and as proximate result thereof.
the passenger was injured. states q
cause OF action in case. and not In
trespass.
s.--Pleading; construction Under
the rule that pleading must be con-
strued most strongly against the
pleader the court Is not authorized
by transportation to reconstruct plead
ing SO as to render that certain which
the pieader has made uncertain. Y
6. Carriers to passengers; plead
ings.-A complaint which alleges that
It was the duty of the company to
carry plaintiff safely. and that, fall
ing In this duty, and with a reckless
disregard for the safety of plaintiff.
and knowing that the probable con-
sequences thereof would be to inf1ict
| injury on plaintiff" the employees in
| charge Of the car. acting within the
scope Of their duties. wiifully. wan
toniy or intentionally ran the car
/ while the plaintfff was in the act OF
1 alighting. 80 that he was injured, etc.
/ charges simple negligence only and II
/ good against demurrer raising the
/ question Of . Joinder of corporate
negligence with that of the employees
2. Same: complaint: pleas; contrib
utory negligence.--Where count
charges simple negligence and tbs
pleas thereto set up contributory neg
ligence. II Is error TO sustain demurrei
to such pleas on the grounds that the,
are not answers to count for will
fulness or wantonness.
The Montgomery advertiser., 1908-02-09

-
s. Damages; PERSONAL injury: meas
ure; elements of.--The measure OF
damages for q permanent personal IN
jury IL just and reasonable compensa-
tion for the disabling effects Of the
injury, past and future; and the le-
climate factors entering into the es-
innate of the damage are, loss OF time
incapacity to do as profitable labor
as before the injury, and the mental
and physical suffering caused by II.
.. Same; evidence; mortality tables;
notwithstanding tables are ad-
missible as bearing on the injury OF
life expectancy to aid in ascertainins
the duration OF and consequent loss in
impaired earning capacity, where the
10. Same.--Unless the injury results
allowed the value OF his life.
IL. Trial; Instructions: undue prom
inence to- particular facts.--A charge
which predicates q denial Of plaintin' z
right to recover on the jury not be-
ing satisfied that the car stopped
more than once on the occasion, Is
Objectionable as singing out a partic-
ular fact in the case and forbidding
recovery on the belief of a particular
fact, whereas. the issues were broader.
and the carrier might have been liable
on other facts.
Appeal from Birmingham City Court
Heard before Hon. C. w. Ferguson
Reversed and remanded. Opinion by
Mcclellan, J.
Tyson. G. J.. Dowdell and Anderson
j.. concur.
The Montgomery advertiser., 1908-02-09
How 70 succeed IN LIE.

New York Press.
.T'm making money hand over fist" sails
young merchant. who started In business
for himself three years ago, and met with
Indifferent success UP to January l. "How
do YOU account for it?" several friends SIM
ultaneously inquired. His reply; San old
woman down Cape COD way told my father
fifty years ago that II he wanted to suc-
coed in life he must always eat herring
one minute after the old year was buried
and new was born--that Is one minute aftAr
midnight 1 found this advice m the OLD
mans papers Che. had never mentioned It
10 mel and followed It to the letter. ate
my herring at 1901 q. m. January l. and
have been doing n big business right along
ever since. What . pity my father didn't
put me wise long ago. I'd be up among the
millionaires by this time"
The Montgomery advertiser., 1908-02-09
Head Notes of the Decisions
of the Alabama Supreme Court
xxRMrNGHAM RAILWAY LIGHT q
POWER COMPANY VS.. Nc

BIRMINGHAM RAILWAY LIGHT Il
PowER COMPANY VS.. Nc
DONOUGH-
Action for Damages for Election OF
Passenger--(Decided Nov. a. 1907.
IA So. Rep. sso.)
4. Carriers; Passengers; Rules;
right 20 nnake.--A carrier of passen-
and enforce reasonable rules for the
conduct of its BUSINESS.
3. same: Question for Court
whether or not a given rule adopted
BY q carrier IL reasonable, IL q Ques-
4ion for the court.
49,. same. Change Of Cars by Passen-
ger--where q street railway company
operates motors and traiiers as n part
OF the same train with q conductor on
each conductor collect and register
fares from all the passengers on his
car and prohibiting q passenger who
has paid fare on one car from passing
to smother car on the same train with
out paying fare on the car to which
ne goes. is reasonable and enforce
able. t
4 same; Injection OF Passenger;
Action Pleading--A plea in answer to
an action for the election from q
street car trailer OF passenger on
his refusal to pay fare on the trailer
after having paid It on the motor,
which alleges a rule prohibiting pas
sengers from riding on different cars
on the same train without paying fare
on each car. was not Objectionable for
failure to show that reasonable ac-
commodat1ons were furnished him on
the car ON which Ne paid fare: the
failure TO provide reasonable a;ccommo.
dation being matter for replication.
.. same; knowledge of Rule
plea Ii answer to an action for etec.
tion OF plaintiff from q street car
which alleges that after plaintiff hac
pAid his fare on the motor car anc
gone 90 the trailer and had refused the
oemAnd OF the conductor of the traiIe,
TOT second fare and was informed o.
The Montgomery advertiser., 1908-02-09

the carrfsr's rule that passengers
must payN fare on the cars on which
they ride. and that he might return
to the motor before he was elected. IL
not Objectionable for failing to aver
that plaintiff had knowledge of the
rule before he boarded the trailer from
which he was elected.
6. Same; Enforcement OF Rule-A
carrier Is responsible for the unjust
application of q reasonable rule and
for enforcing q reasonable rule with
undue severity.
Z. Same; Pleading; Special Plea
Where the violation OF the rule OF the
carrier Is relied on as defense Il
must be put forward by a special plea
s. Appeal; Pleading; Bill of Ex-
ception.--It cannot be determined on
appeal whether defendant had the
benefit under the general issue of the
matters specially pleaded to which
special plea a demurrer was ereneousiy
sustained In the absence of the bill of
exception showing the testimony.
Appeal from, Birmingham City Court.
Heard before Hon. Charles w. FerEu-
son.
Reversed and remanded. Opinion BY
benson. ].
Tyson. c. J.. Dowden and simpson
u. concur.
The Montgomery advertiser., 1908-02-09
FITznATRIcK SQUARE BALE CT


FITZPATRICK SQUARE BALE GIN
MING CO.. v. infancy.
Monev Had and Observation-Disclosures
November %. 1907. ~ So. Rep.
102S.0
I. Master and servant; contract Of
employment; wrongful discharge.-One
wrongfully discharged may sue his
employer, whether he obtained or failed
to obtain other employment, ana the
employer may reduce the recovery Pby
proof of other employment or that
the employee might have obtained same
by reasonable diligence.
2. Sanea defense.-A plea which sets
forth a CONTRAST Of employment,
breach by wrongful discharge OF the
employee and the employees readiness
to comply with the contract, Is sur"
ficIent answer to an action for money
had and received by employer against
employe; such plea need not aver that
he failed to obtain other employment
after reasonable emort TO 40 80, lns
failure being available in reduction OF
damages only, and matter for replica
tion.
8. Same; evidence; adnissibility -
In an action for money had ana re-
ceived begun by an employer ana de-
Tended by the employee on the theory
that the money was due him on ac
count of his wrongful discharge, ana
the employer replied that he failed 10
give his entire attention to the business
II was competentfor the employe 70 snow
that. on his discharge, the employer
engaged the services of the represent
alive of a competitor and permitteo
him to serve both employers.
4. Same; contract Of employment;
oodification.--Where the contract OF
employment was completed. letter
written to the employe by the mana
ger of the employer purporttng 10 EN-.
body the terms Of the employment not
assented to by the employe, did not
change the employment
s, Same; evidence; instruction.-Ob
an issue as to whether or not the con-
tract of employment contained a pro-
vision for satisfactory services ana
there was a question as to whether tne
contract was completed before a let
ter was written by the manager OF the
EMPLOYER to the employee, purportlng 10
| enbody the terms of employment a
charge asserting that IL the contract
was completed before the letter was
written the letter did not change the
terms thereof, though the empioye re-
| tanned 1t without repudiating its con
dItion. was not erroneous on the tne-
| orv that il eliminated consideration
of the letter in determining the terms
of the contract.
| A. Same; discharge OF employe
rrounds.-where an employer attel
knowledge Of the employees derelictioi
Of duty keeps such an employe IN ~
employ, and after reasonable oppor'
unity to discharge him after uis
covery Of the dereliction, fails 20 az
The Montgomery advertiser., 1908-02-09
RRAssELL '. FISK.

BEASSE1lAL ". FISH.
Bill to Reform Deeds and for a Mon
led Decree-(Decided July ~. 1907
Is So. Rep. 70)-(Rehearing denied
Dec 15. 1907.)
I. /. Vendor and purchaser; perform
ance OF contract-Where there was no
warranty as to quantity. and certain
designated tracts of land were sold as
a whole, for a gross sum, the trans
action is a sale IN gross. and In the
absence Of fraud or gross mistake the
purchaser is not entitled to abatement
of price IL the quantity OF land Is SUBJ
seduently ascertained to be less than
was estimated at the time of the sale
2, Conveyance; implied warranty as
to quantity-In q deed wherein the
land is bounded with certainty, u
is tmmaterIaI whether any quantity Is
Expressed. and where, in addition to the
description Of the boundary, the guam
tity is mentioned. without any covenant
as to quantity, the whole Will be con-
sidered as a mere description.
8. Same-For q grosss~ sum a deco
conveyed an undivided half interest,"
In several tracts OF land each OF whlcp
was definitely described, with the ac
dttion following the descriptive clause
''the total acreage herein conveyed hS
ing 1.54O acres. more or less. sec.
ond deed from the same yrantor 10 the
same grantee conveyed an undivided
half interest In the same lands, excep'
that sixty acres described in the fret
deed as being located In Macon Coun'
ty was omitted from tho second deed
| the total acreage in the second deed De
| ing stated as 1880 acres. more or less
Held, the deed did 7ot Import WAY
ranty as to quantity.
4. Evidence; parol evidence 10 con
| tradict deed-Even in equity parol ev'
| idence is not admissible to contradict
/ deed. in the absence of any allegation
| of fraud, or that any language not ex
pressiye Of the contract was inserted
| in the deed or that mistake was ;nad'
in writing it.
6. Equity: jurisdistiOn; fIard' ven
dor and purchaser: abatement In Dric"
/ n. Contracted to selt-F. for certain
sum. based on q certain price per acre
a half-interest in several tracts OF land
each of which were definitely described
and the total acreage wa state1 AZ
ing 1870 acres, more or less nad
survey made and informed 4. that l
had no title to = certain sASay aer
tract specifically conveyed. ana ina
the total acreage conveyed was only
1a0 acres. b made deduction IN prlc
for the sixty acres and executed dee
ara later discovered that the LAND COZ
tainad 1870 acres, exclusive OF tne 81
~ acres. Held, B. was not enutled
a equity TO recover the amount apate
q even constru:ng as fraudulently reEe
J sin9 20 the actual acreage ana not
The Montgomery advertiser., 1908-02-09
BIRMINGHAM RAILWAY. r.rcHr
AND WATER POWER COMPANY


Action for Damages for Injury TO Pas
senger.--(Decided Nov. 2s, 1907. a
So. Rep. 1879
!. Carriers; passengers; injuries 20:
action: allegation of negligence--In
an action against the carrier for In
jury to passenger on account OF negli-
gence It is SUFFICIENT to charge the
negligence in general terms.
2. 'Same.--A complaint which al
leges the existence of a relation prior
to and at the time of the accident and
states that. failing in it's duty to carry
the passenger safely, the carrier so
negligentiy conducted its business that
The Montgomery advertiser., 1908-02-09
HARRIS VS.. NASHVILLE C. q 81
LOUIS RAILROAD.

Action for Damages For Injury To
Child Decided July 2. 1so7.-zz
So. Rep. ss2-)
/. Railroads: Obstruction on Track
Stopping Trains; Statute-The words
used In the statute. section S440. Code
1895. such as applying brakes and re-
versing the engine" requires the do
Ing of all things known to skillful en-
gineers to stop the train after the dis
covery Of an obstruction on the track
but the direction to apply brakes and
reverse the engine is suggestive rather
than mandatory.
Q. Same; Injury TO Child on Track
Affirmative Charge-Where the evi-
dence was uncontradicted that the en-
gineer and the fireman did all within
their power to stop the train upon dis.
The Montgomery advertiser., 1908-02-09

the supposed acreage es stated in lhs
contract 81 statement that only Il
$50 acres were eft as 1t cannot be pre-
stunned that b. would not have abated
the price because OF the sixty acres
which he did not avn.
Appeal from the Montgomery City
Court
Heard before Hon. A. d. Sayre.
Affirmed. Opinion by benson J. y
Tyson. c. j., Haralson and simpson,
IL. concur.
The Montgomery advertiser., 1908-02-09
HoLrFfELp vs. rffr srArN.

crime--(D Nov. 81. 1sO7.--44 30.
Rep. s5s.)
Bills Of Exceptich; Approval; Time:
xtension--Agreemenf Of counsel is in
effectuai. under section 4si2 and rule
of circuit court practice 80, Code 1885.
to extend the time for signing a bill
OF exceptions beyond the first day Of
the next succeeding term of court.
Appeal from Taliadeka City Court.
Heard before Hon. q. K. Miller.
Affirmed. Opinion by Simpson. J.
Tyson. c. j.. Dowdeii and benson. JJ.,
concur.
The Montgomery advertiser., 1908-02-09

covering the peril OF the child. who,
was q trespasser on the track, and
there being nothing from which the
contrary could be inferred. the affirma-
tive charge is properly given for the
defendant.
O. Evidence: Expert Tetimony; Con-
ciusiveness-The testimony Of experts
thata locomotive can be stopped quick
er By not reversing when the air
brakes are applied than by both re-
versfng its engine and applying the AIR
brakes. Is conclusive on the court and
jury. in the absence OF any proof to
the contrary.
Heard before Hon. w. w. HARRISON.
Affirmed. Opinion by Anderson. J.
Haralson. Dowdell and Simpson, H..
concur.
Tyson. C. j.. and Mcclellan. J.. dis
sent
The Montgomery advertiser., 1908-02-09
CAMPBELL v. LoMBAhDS0'

~ A~1 ~
SpeS vesnber il, 1907. ~ So. Rep soSl
: brokers'; Authority to sen Aa NC
An AGENT wrote the owner OF . so1
submitting an offer for the lot OF S rs-
Oyy. that he thought s1.7oo a fair
price for the lot and that = %SeIS to
ss,ts nri1a the agent or broker to bind
the owner by contract to sell the lot
at $1,700 gross $1,000
for sale of Land: Tender of Purchase
Price.-where the vendee Of land pays
= part of the purchase money under q
contract providing that the balance
need not be paid until the delivery Of
tha deed. he is under no necessity to
tender the balance before fling bill
to specifically perform the contract, on
the vendors refusal to comply with
the contract.
Appeal from Madison Chancery Court.
Heard before Hon. w. H Simpson.
Affirmed. Opinion by Anderson. j.
Tyson, C. J.. and Simpson and benson,
JJ., concur
The herald-advance. (Milbank, S.D.) 1890-1922, 1908-01-31
|. 90. F. Visitors

Sylvan Lodge of Odd Fellows
Tuesday evening enjoyed a visit
from the grand master of the
state, Mr.. G. B. Knott, of Bris-
tol, who was accompanied by w.
r. Stephenson, also of Bristol,
the grana patriarch Of this jurls-
diction. The grand master and
grand patriarch are making a
round of visits to the lodges of
the state, enjoying the fellowship
and seeking to advance the H.
terests of the order in every W; y
possible throughout the jurlsdic-
ton. Both the grand maste r
and the grand patriarch are
naturally deeply interested n
the welfare of the brotherhood,
and their visits to the subordin.
ate lodges are not only of great
mutual enjoyment to themselves
and to the lodges, but are prov
ing of practlcal benefit in enlarg-
ing the bounds of the order and
spreading it's principles in an in
crease of mem mbership, Their
visit to Sylvan lodge was cert
ainly greatly enjoyed.
They visited the Wilmot breth.
rem Wednesday, aud the follow
ing day went west to see the
lodges in other towns on the H.
& D. road.
The herald-advance. (Milbank, S.D.) 1890-1922, 1908-01-31
For Register OF Deeds

At the request of many of my
friends throughout the county, I
hereby announce myself a can
didate for the Office of Register
of Deeds, subject to the decision
of the repu blican primary cleo
ton. Having faithfully served
the people of this county for the
past fourteen years as depntyre-
gister Of deeds, and believing that
| have had the confidence of the
people during this time. | ask
the support of all my friends in
my candidacy. If nominated
and elected l promise to serve
the people of Grant county as
faithfully as I have done IN the
past. Respectfully,
FRANZ WENDLAND.
The herald-advance. (Milbank, S.D.) 1890-1922, 1908-01-31
CHICkEN PIE
Workmen and Degree Of Honor Sur
TOgether

The members of the Security
lodge, A. O. U. w., and the mem.
bers oi the Degree of Honor en-.
joyed a social time at a chicken
pie supper last Thursday night
1t has been customary for the
Degree and Workmen to enjoy
a joint installation but asthis was
not deemed expedient this wear
it was decided to delay the
social part, and the elimination
OF this decision was the chicken
pie supper to be served by the
Workmen. The management of
the affair was in the hands of =
committee consisting of A. G.
Smith, James Lockhart and Ei
Kelley, and these gentlemen
were determined to do or die IN
making a success of the supper.
Prof. Hoppfner and his Juvenile
orchestra were engaged for tho
occasion aud furnished some ex.
cellent music during the even
ing. None but bald headed men
were permitted to wait upon the
table, and the quintette that was
selected for this was made up Of
W. M. Thomas as master of GER
emonies, George and Henry
Schafer, George Mitchell and
Sandy Crawford, all of whom
aim to shine where the hair
ought to grow. During the ev-
enlng Rev. j. N. Traggitt gave
a short talk on fraternal insur.
ance. About one hundred and
nifty people sat down to the
tables and a most enjoyable time
was had.
The herald-advance. (Milbank, S.D.) 1890-1922, 1908-01-31
New Telephone Co.
Summit SlQnal

Sunmlt Slg0A
At last the much talked of In.
dependent Telephone Co. has
been organized in Summit at a
meeting called for that purpose
held in Sharf's hall Monday af-
ternoon. An Independent Tel
ephone Go. was organized to
construct a telephone exchange
IN Summit and to build such
rural lines as might be required
to protect the city trade. While
1t was decided to organize indie.
pendent Of any other company.
1t is the wish and evident inten.
tentlons OF the stockholders that
connections be made with the
Independent companies now in
successful operation on the east
aud west of Sum nit. G.. 81.
Llen, q. ?. j. Engstrom, B. +.
Wllllsen, Ole Brustuen and @.
Il. Oleson were elected temoor.
ary diI ectors to prepare articles
OF incorporation and bylaws.
Ihe meeting was then ad dlourned
subject to the call of the direc.
tors. Something over $4,000
has already been subscribed and
1T is believed that this amount
can be doubled by the time the
directors call another meeting.
Inc business men have shown a
very com mendable spirit in the
matter, but entire success will
require the united support of the
cluzens' If you haven t already
subscribed for stock do so at
once. Everything tends to cou.
nrm the belief that 1908 will be
best year in the history Of Sum.
NIT. All pull together.
The herald-advance. (Milbank, S.D.) 1890-1922, 1908-01-31
Dramatic Club Organized

rhe dramatic club which was
organized a short time ago, is get.
ting along nicely in the rehears-
ais of its new play, ''The Crazy
Idea, which they will put on in
the near future. probably about
Feb. Is.
The mem bers of the club are,
H. L. Fuller, business manager;
Bruce Middlebrook, secretary
and treasurer, and DR.. J. w.
Ross, stage director. Others
are Louis Mansfield, Eugene
Thorndyke and Andrew Lock
hart
Those who will take part in
the first play are: Mr.. and Mrs.
G. E. Mills, Mr.. aud Mrs. J. W..
Ross, the Misses Hazel Conright,
Minnie Morley and Helene Owen
and Arthur Burns.
The herald-advance. (Milbank, S.D.) 1890-1922, 1908-01-31
Getting Skins

Ortonville Herald Star: The
Herald Star is under obligations
to the Hurley Bros. for large
photo showing a bulk of their
fur catch for this season. This
catch includes 5000 muskrats, 73
skunks, so minks, 20 foxes, 3
wolves and th1 ee badgers, and
brought the handsome sum of
Sl3O6. The picture was made
by r. l.. Burton, at the residence
of o. D. Hurley, and includes
Dow, Herb and Elmer Hurley,
who caught this big bunch of fur
all within two months and within
ten miles of Ortonyille. It is a
remarkable picture.
The herald-advance. (Milbank, S.D.) 1890-1922, 1908-01-31
Silver Wedding

L. J. Englund of Georgia, who
was in town last Saturday, says
that a little social event hap
pened at his home couple of
weeks ago, when about seventy
five of the friends and neighbors
of he and Mrs. Englund gath
cred at their home and helped
them celebrate their 25th ami
versary with a silver wedding
A most enjoyable time was had,
and a fine silver remembrance
in the form of a tea set was pres
ented Mr.. and Mrs. Englund
among other things
The herald-advance. (Milbank, S.D.) 1890-1922, 1908-01-31
BAD FIRE
Billiard Hall and Barber Shop Des.
trOyed

Billiard Hall and Barber Shop Des.
trOyed
A little before two o'clock last
Sunday morning the alarm of
fire was sounded and it was dis.
covered that the MADEIRA billiard
hall on Main street was in flames.
The fire had big start when it
was discovered by a passerby On
the street, and before the hose
carts could be gotten out and
water turned on the blaze sheets
of flame were pouring out of the
windows and doors and through
the roof, threatening the adjoin-
ing building. Flying sparks and
pieces of wood werel carried. long
distances by the wind. and had
it not been for the light fall of
snow recently fallen, there
would have been great danger
from this source. While the
building was burning tiercely
when the firemen got to playing
their hose upon it, it was quickly
seen that they would soon be-
come masters of the situation,
and be able to keep the flames
confined to the one building.
They accomplished this, but the
building itself was gutted, all
the wood work burned and the
contents, consisting of the bar
Der outfit of John Gordon, who
occupied the north front of the
building, and the billiard and
pool tables of John MADEIRA who
had but recently sold his stock
of cigars and confectionery and
leased the billiard hall to H.
Grover and W. Wilmot.
Mr.. MADEIRA, who suffers the
principal loss, had $4,000 insur-
ance on the building and $1,000
on the fixtures.
John Gordon had $4OO insur-
ance on his barber outfit.
The front windows in the Mey-
ers & Hocum meat market were
badly cracked from the fire and
water.