Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1908-08-28

a law absolutely giving to the oCCu-
pant of lower berth in sleeping car
control, at his option, of the upper berth
in case of its not being occupied. is held,
in State VS.. Redmon tWis.) ia \. w.
1871 IA Ira. (N.S.l 229, to be an nm
constitutional appropriation of the prop
erty of one for the benefit of another
The requirement of statute that op-
orators of automobiles upon public high
ways shall stop upon being signaled TO
40 so is held in Mahouey VS.. Maxheld,
102 Mimi 377. l13 y, w. 901, IA Ira.
(N.S.I POI, not to impose upon them the
duty. upon signal, to stop the motive
power of the vehicle in addition to stop
ping the vehicle Itself.
The owner of an automobile who keeps
it AT a public garage is held, in Jones VS.,
Ioge (Wash) % Pac. 1873, IA Ira.
(N.S) PIG, not to be liable for personal
injuries sustained by person by being
rnn over by il in consequence OF the neg
ligence of the chauffeur. who had taken
the machine without the knowledge or
permission of the owner, and was using
il ON an errand personal to himself, even
though he was not a competent and
careful operator.
The right of a municipality to author
ize the maintenance at fixed place III a
public highway of a lunch wagon for
many consecutive hours night after night
in such q manner as to make. during the
time il is in place, a practical appro-
priation of the street to the business Of
the owner. is denied in Com. " Morri-
son (Mass.) So n. f. 415, II Ira.
| (NS.) 1874.
The right of mother TO recover dam
ages for mental anguish caused by fail
ure to deliver to her husband n telegram
announcing that their child had been
sent to the pesthouse with a contagious
disease, by reason of which she was de-
prived of his advice and counsel in her
| distress. is sustained in Thurman v.
Western T. Teleg. Co, Ny) 100 5. w.
1875. IA Ira. (N.S) 400.
The right Of physician to hold n
telegraph company liable for loss Of a
fee which he would have received from
| the consultation, where II fails to deliv-
| or a telegram summoning him TO attend
Il patient. is sustained in Barker v.
Western e. Teleg. Go. (Wis) III n, w.
539, II Ira. (N.S) 533.
The right to move a building along a
public street upon which an electric rail
way has been lawfully constructed, to
the serious interference with the opera
| ton of the cars and the wires by which
| they are operated. is denied in Fort
! Madison Street r. Co V. Hughes, 0Owa)
III \. w. 10, IA Ira. (N.S) 44S.
| The owner Of a twenty-trip railroad
ticket. who, without the knowledge Of
| the company, has broken the agreement
under which il is issued by letting others
ride on it, is held, in Baltimore q O. s.
| W r.. Co. VS. Evans Ind.) 81 n. Il. T13,
| u Ira. (N.S) 3GS, TO have no right TO
recover damages for being put off the
/ train on the wrongful ground that the
ticket has expired.
| A conviction Of felouious assault at
/ time when the victim is still alive Is
| held, in Go. vs.. Ramunno, 219 Pa.
| 2O4. Is Att. 1874, IA Ira (NS.) 200. 10
/ be no bar TO a subsequent prosecution
| for murder in case he dies.
| 4 traveller about to cross draw.
bridge, is held, in Anne Arundel Coun-
/ ty vs. State Md GS Att. COZ. IA L.R-
/ 4. fN.S) 452, to be bound to stop, look.
/ and listen.
| The owner Of bank check which
WIS lost without his fault before pre-
/ ssntment to the bank upon which it was
drawn is held in First Nat Bank VS..
| Mcconnell (Aiinn.j ia \. w. 1929, IA
/ Ira. fN.S.) GIG, TO be entitled to re-
cover thereon against the drawer by fl
ling proper indemnity bond.