Omaha daily bee., 1908-07-19

done, and diagnosed her disease as ono
other than appendicitis. with which she
show that had death not resulted through
the alleged wrongful acts OF the defendant.
the deceased could have maintained an ac-
ton In damages for the wrongs set forth.
B In an action under the provisions OF
Lord Campbclls act to recover damages
on account Of the death OF an unmarried
adult where the father is the only next OF
kin entitled to the benefit Of such action,
the rue for measuring the compensatory
relief is to ascertain as nearly as possible
the pecuniary benefit which the father
might reasonably have expected TO receive
from his deceased child had her ME- not
been terminated by the defendants wrong
full act.
T. 1t is not necessary that there should
be a legal, or even a moral obligation, rest
ms, upon the deceased to support her, next
Of kin In order to permit the personal rep
resentatiVe to maintain an action under the
provisions Of Lord Campbells act. The
contributions to the support or benefit of
the next Of kin which might reasonably
have been expected from the deceased had
her life not been terminated by the wrong
full act Of defendant is an element OF dam
ages, but the same must be ascertained by
the jury under proper instructions.
1929. sample against Sample. Appeal
from Gage. Reversed and remandod.
Calkins, G. Division No. ..
l. Whether accusation of infidelity made
by one spouse against the other consu-
tute extreme cruelty within the meaning
of the statute must be determined by the
facts of eaCh particular case. In no case
will they be given that effect unless they
are shown to be either |unfounded or ma
licious.
>. A wife is not guilty Of desertion in
leaving the domiCile of a husband, who,
addicted to drunkenness and association
with women of doubtful character, fails
to support her, and IN such case me is
for the support of herself and minor chill
dren until such time as the plaintiff shall
provide them a suitable home and support,
and shall satisfy the court that he Is
rpadV and willing in good faith. to amend
II522S, Godfrey against Phillips. Appeal
from Kearney. Affirmed. Root, I,
/. In e contest over an application for
a license under section 1l5Q, .et, sedY Cob
bey's Annotated statutes of Nebraska for
1907, where the sole objection urged
against the character of the applicant,
was that no man of respectable character
toxicating liquors, and the only evidence
presented TO the city council upon that
stated under oath that the applicant was a
man Of good reputation and respectable
character and standing, the city council
properly determined that Issue in favor OF
the applicant.
2. In the absence of a constitutional
provision regulating or prohibiting the
traffic in intoxicating liquors, the power
to so regulate or prohibit Is vested eXclu-
sively in the Legislature and that func-
tion cannot be delegated by 1t TO the
courts, nor lawfully usurped by the ju-
dicial branch of the government
AGAINST FSHaSi s sSieoR. A RmPlemeff from G 8nqfsI6.
Affirmed. Duffie. G.. Division No. /.
An agent for the sale of machinery took
| commission or bonus on the sale. the
amount which he added to the purchase
price. He also received from MS prlnGl-
amount of commission due from mis- prin-
cipal and payable when the notes given
by the purchaser of the machinery were
paid. Held, that the commission or
bonus note eXaCted by the agent from tho
purchaser was voidable at the option OF
1925. Rober against Nicholson. Appeal.
Washington. Affirmed. Root, c. Divi-
/ If the middle Of a river forms a state
boundary. that boundary follows any
changes in the stream which are due to
gradual accretions to or degradation OF It's
2. II the change is sudden and rapid,
such as occurs when a river forms Q new
course by cutting through a oend, the
boundary does not follow the stream, but
remains in the middle OF the old channel.
9. From about the year 1855 until about
bounded on the east by the Missouri river;
within three years of the last named date
said stream gradually encroached upon
said land. until ali Of said tract was under
water, and as the river advanced westward
accretions attached to the east bank OF
the river until they covered the site OF the
land first herein referred to. In 1874 said
river suddenly changed Its course much
further east, and the. water therein cut
a new channel so that said %alluvion. was
isolated from the land in Iowa and lay
Immediately west of the new channel OF
said river. Held, that by the first process
or erosion and aceretion said land was
transferred from Nebraska to Iowa and
that the operation of avulsion did not re-
store said land to the former state,
4. The legislature is without power to
authorize the courts Of Nebraska to quiet
title to lands within the boundaries OF a
1887. In the Matter Of Application of
Gugenheimer for Liquor License;
1885. In re Application Of Johnson Tor
Liquor License. Appeal from Lancaster.
Judgment district court reversed. Order
of Excise Board affirmed. puffie' c. d.
/. The Excise Board of a city is vested
with a wide discretion in the matter OF
granting licenses for the sale OF intoxicat-
Z. Such discretion extends to limiting the
numbers Of licenses which IT will issue Tor
the sale of liquors within the city az wen
any particular locality.
8. This is especially true where, as in the
city of Lincoln, the board is charged with
policing the city and maintaining peace
and good order therein, but Is limited In
the number of officers which it may APP
pT I52sl. an" Rir ma1nlda t against Fftonner. APP
peal, Hall. Temporary order of Injunction
dissolved; Judgment district court affirmed
1. One who has purchased from 2 tenant
matured crops still Standing IN fielos on
the leased premises has a righd' orT rn
the crop in the usual and customary man
ner. A provision in the lease against. sub
letting does not affect the right OF the
purchaser to enter upon the leased prem
ises for the purpose of harvesting the
crops.
q. Plaintiff was not entitled to an In
junction against the defendant TO prevent
defendant from interfering with plaintiff In
the harvesting of matured crops, which
ne had purchased from defendants tenant
and which were grown upon defendantH
premises, where the only acts Of interior
consisted in ordering plaintiff not to come
upon the premises and I'm ordering him 10
remove theTefrom after he had entered. ana
have the effect Of preventing plaintiff frS4l