Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1908-02-07

A telegraph company is held, in Klopf
vs.. Western U. Teleg. Co. (Tex.) 10
L.R.A. (N.S.) 49S, not to perform its
obligation merely by attempting to de
liver a telegram in the suburb of city
to which it is directed, where its office is
In the city, and the true address, when
is within its delivery limits, could be as
certained by the exercise of reasonable
diligence.
A street car company is held. in Carter
rs. McDermott %. ca 10 Ira. (N.S.)
HOB, not to discharge its duty to motor
men by placing rear lights at places
whence they are to be taken and at
tached to cars by conductors, but to be
liable for an injury to a motorman due
10 the failure of conductor properly to
equip his ear with a light
y provision in an ante-nuptial contract.
by which, in consideration of the mar
rage and the release by the intended
husband of all his rights in the property
of the intended wife, she agrees to be-
stow upon him, after her death, speei,
remain unmarried, is held, in Re Apple
by (Minn) 10 Ira. (N.S.l $50, not
to be void as a condition in restraint of
marriage.
\ prisoner who takes the witness
stand in his own behalf is held, in Har-
rold VS.. Territory (Ok) 10 Ira. (N.S.l
G04, to waive his constitutional privilege
of silence: and the prosecution is held TO
have the right to eross-examine him
slnsr his evidence in chief, with the same
attitude as would be exercised III the
case of an ordinary witness. as TO the
circumstances connecting him with the
crime.
A common carrier of livestock which
provides stockyards at its station for the
purpose of receiving stock for shipment.
is held, in st. Louis q S. f. r. Co, VS..
Beets QKan.) 10 Ira. (N.S.) 5T1, to be
bound to keep the yards in reasonably
safe condition, and to be liable for in
juries to stock resulting from a failure
to do so.
The negligent delay of carrier iii
moving goods intrusted to it for transpor-
tation, not 50 unreasonable as to amount
to a conversion, is held, in Rodgers VS..
Missouri p. r. Co, Kan) 10 Ira.
NS) 65S, not to render it liable for
the loss Of such goods after they have
been carried to their destination, if they
are there destroyed by an act of God be-
fore delivery.
The New York county court in con-
STRUNG a lease in the case of In re
Schoelkopf, 105 New York Supplement,
AT, was required to define what is
6rst-class theater. The lease provided
that the premises should be used for
theater of the first class for the produc
ton of plays of the highest order. The
court says: From the evidence admitted
in the case, it appears that there are
certain classes of theaters and theatrical
attractions, and that plays are divided
into high (the frstl class, popular price
Tor second class, melodramas, vaude
vile, and burlesque." In view of this,
the court holds that a first-class theater
is not maintained by the production of
theatricals of the last class above men
toned. though such attractions be of the
first class of their kind.
The mere fact that a passenger train
runs into an open switch and collides
with cars standing thereon is held, i'll
Southern r.. Co VS.. Lee (ky) 10 Ira.
fN.S.) S37. not TO raise, in favor of an in
jured passenger, presumption of gross
negligence, which, without evidence, viii
entitle him to punitive damages.
A will executed fy one under such
an extraordinary belief in spiritualism
that he follows blindly and implicitly
supposed directions OF spirits in con-
structing the will is held, in O'Den vs.
Goff fAIich) 10 Ira. (N.S.) $50, not
to be admissible to probate.