Omaha daily bee., 1908-10-17

his permission, is occupied by a married
son and his family as a residence, is with
out right to enter upon the premises SO
ejecting a third person, Objectionable to
the father, who is there on the invitation
Of the son.
4. And the fact that the son is in poor
health and that the father is contributing
to his support is immaterial.
S. And II the father in attempting TO
eject such third person commits an as
sault upon him, he is liable in an action
for tstt6h the damages resulting iherefrom;
from Platte. Exceptions Of state sus'
tanned. Barnes, c. J.
l. A contract between a railroad com:
pany and a physician by the terms OF
which he is to receive for professional
s sSmbanv to st be be T rendered the by sb him Of f9 3, 6 lse
month, and arr annual pass over its lines
Of road, where the physician does nor
employment OF the company Is prohibited
by the provisions Of sections 1864 and lO,bh!
the acceptance and use of such a pass by
the physician renders him guilty of a vio-
lation of those sections.
z. The provisions OF chapter, 70 o.
the laws of 1897. commonly called the anti
pass law. prohibiting the ISSUANCE, aocep-
proper and reasonable exercise of the po-
lice power of the state, and the power OF
the Legislature TO regulate the business OF
common carriers by preventing unjust dis
ordinations, and are not unconstitutional.
1918. Herbage against Mckee. Appeal
from, Holt, Affirmed. Root, c. Division
l. A defendant in a foreclosure proceeding
sued by the initial letters of his name who
does not appear In the action, and upon
whom personal service of a summons is not
made, Is not bound by the decree rendered
2 A mortgage in real estate continues as
a lien thereon for only ten years from the
maturity of the debt secured, unless in the
meantime a payment has been made
thereon; or the statute of Limitation other
8. when land is unimproved and unoe-
cupied, the person holding the legal title
is deemed to be In possession thereof" Yor-
Troxell against johnson, Sc Neb., 46, APP
proved and followed.
4 Naked color of title. derived through a
structive possession OF the property where
ACTUAL possession is not taken OF any part
OF the premises so as to confer any estate
8, II the owner of a mortgage which Is
barred by the statute of limitations asks
Affirmative relief, the court upon a plea
OF said statute and proof adduced In sup
port thereof, may dismiss the action with
part OF the outlawed claim.
1877. Meyer against LoVett. Appeal.
Dawes. Affirmed. Epperson, c. Division
l. A tender of the amount secured by
pledge Of personal property made upon
the maturity OF the debt. although not
accepted nor kept good. will release the
property from the lien OF the pledge.
= Wilkins against Redding, 70 Neb, 1872,
8. The pledge OF personal property fraud
ulently represented thnt ne had sold the
property pledged and sent $40 to the
pledger as a part of the purchase price
which the latter. relying upon the fraud.
ulent approximations. retained until he dis
covered the fraud. Held, that the pledget
1927. Riley against tCudahy Packing
Company. Appeal. Douglas. Affirmed.
Good, g. Division No. l.
J. u ls the duty OF a master to exercise
reasonable care to provide a reasonably
safe place for his servant to work and 10
exercise the same degree of care to keep
II reasonably safe, and to that end II Is his
duty TO make seasonable and timely In
~spection o fthe premises.
2. In a p~assageway frequently used by
his servants in the performance OF their
duties, a master permitted for a year or
more a steel plate two inches thick and
nine feet square to stand on edge in such
a position that 1t was nearly balanced and
slight force was sufficient TO cause Il 10
topple over, and It fell across the passage
way and injured one OF his servants. Held.
to be a question Of fact for the Jury
whether the master was guilty of negli-
l gence.
g. Where a large steel plate toppled over
and injured an employe II is not necessary
that any witness should testify directly
cient II the jury may from the facts and
circumstances proved ascertain the cause
with reasonable certainty.
l. In a manufacturing establishment
where, on account OF the nature of their
work, 1t IL impracticable for the employees
10 ledNo the DulldlnB Tor thoir MONDAY
meal, and the master allowed but thirty
minutes for their lunch. and 1t was con-
templated by their contract OF employment
that they should remain in the building
where they worked TO eat their lunch;
held, that the relation of master and serv-
ant continued during the thirty minutes
allowed for lunch.
iS2sL Lands against Watts. Appeal
from Seward. Affirmed. Root, c. Dr.
vision No. q
/. II the evidence relative to a ma
terial fact Is conflicting, any collateral
fact or circumstances tending to a reason
able degree TO establish the probability OF
improbebility OF the disputed fact, Is fele-
want and properly admitted, although Il
may not tend directly TO prove any Issue
In the case.
2 Hypothetical questions p~ropounded &c
an expert, II 20 framed as to fairly and
reasonably reflect the facts proved by
any OF the witnesses IN the case. will be
sufficient. provided the subject 10 ons
proper for expert testimony.
g. In law cases the verdict OF q Jury
will not be set aside II based upon con.
flicting evidence, unless that verdict Il
clearly wrong.
Advertise In The Bee. the PAPER that zoe,