Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1909-04-30
RECENT LEGAL DECISIONS.

The power of railroad commission to
require a railroad company to stop one
local train each way day at a platform
hah way between two stations between
seven and eight miles apart, for the ac-
communication of sixty-four families, IS
sustained in Minneapolis, st. Z. & s.
Ste. Nj. r. Go. V. Railroad Commission
tWis) 116 \. w. 800. II L.R.A.(N.S.t
S21.
\ railroad company is held in Watson
vs.. Manitou & 2. p. r. Co. Il Colo. 1873.
81 Pac. II, II Ira. (N.S.) 91G, not to
be liable TO a guest in hotel adjoining
its property for failure to light or guard
retaining wall between the properties,
over which the guest falls while wan
dering about the hotel grounds in the
night on business of his own.
Where a passenger on a railroad is
negligently carried beyond his destina-
ton, it is held, in Dalton VS.. Kansas
City, Fit. S. & NJ. r. Co. Ckan.) 90 Pac.
47J, II L.R.A.(N.S.j 1926. that he is en-
titled. in the absence of other inculpa
tory circumstances, to recover, as dam
ages therefor, a reasonable sum for loss
of time, necessary expense incurred, and
in addition thereto, fair compensation for
Inconvenience experienced, if any, on
account of such action of the railroad
company.
An action by an employee against
railroad company for personal injuries.
in which the federal statute requiring
the use of automatic couplers is relied
upon to defeat the defense of assump-
ton of risks. is held, in Nichols VS..
Chesapeake & 0. r. Co. QNy) 105 S.
w. 4S1 II L.R.A.(N.S) S61, to be with
in the original jurisdiction Of the circuit
court of the United States, although the
petition states a good cause of action in
dependently of the statute, and the ac-
ton, if brought in a state court. is
held to be removable to the federal court.
One who walks beside a load of wood
towards a railroad crossing on a stormy
day. when the view of the track is OBJ
secured and sound diminished, without
taking any precaution to ascertain
whether or not train is approaching
from the opposite side, is held, in
Schwartz VS.. Mineral Range r. Co.
(Mich) 116 n. w. $40. II L.R.A.(N.S)
1858, to be guilty of negligence which
will preclude a recovery for his death in
case he is killed by train from that di-
rection. and the fact that. if trains were
ON time, the next one would approach ON
the side on which he was walking, is
d
was due to pass in the opposite direction
but short time prev, >us.
One who delays seeking an injunction
against the operation of railroad in a
public street for period of seventeen
years until its removal would severely
affect public interest, is held, in Station
VS.. Atlantic Coast Line r. Co. 147 n. G.
42S, 81 S. E. 455, II Ira. (N.S.) 949.
20 L. 1,I
Where Il passenger, a girl under IA
years of age, unaccustomed to riding
upon street cars, becomes frightened and
frenzied by the negligence of the COM
panys servants in carrying her past her
known destination, and the conductor
knows, or, by the exercise of due care
and diligence, should know, of her fright
ened and frenzied condition, and that
she is about to leave the moving car, it
IS held. in Kruger V. Omaha & @. b.
Street r. Co. (Neb,) ia N. w. 81, II
Ira. (N.S.) 101, to be his duty to ex-
ercise the highest degree of care possible
under the circumstances to prevent the
passenger from alighting from the NOV
ing car.
A valid municipal ordinance providing
for the punishment of anyone maintain
is held. in Seattle VS.. Macdonald. II
Wash. 298 81 Pac. 95o, II L.R.A.(N.S1
~, not to be superseded by a subsequent
statute making the carrying on of q
gambling game a felony. The other
authorities on this subject are collated
under note to this case.
A street railway company is held, in
Norfolk & 2. Traction Co. V. Ellington
(Va) 81 S. E. ITO, II L.R.A.N.S9 III.
not to be within the operation of a con
stitutional provision abolishing the fell
low servant rule as TO employees of a
railway company" where the language
of the provision deals with signal points,
locomotive engines. switches. dispatches
and telegraphic orders. which is not ap-
plicable to street railways.
When trunk is delivered to the bag
gageman at 81 railway station in proper
season, it is held, in Conheim VS.. Chi
cago. q. w. Il. Co. 104 MINI. 312. 11G
n. w. 5S1. II L.R.A,(N.S) 1901. that
| the passenger has the right to REQUIRE
that it shall be carried on the same train
which he takes.
The right of a telegraph company to
refuse to transmit message which is
| not hbelous or obscene, on the theory
that it is improper, is denied in Western
=; Teleg. Co. vs.. Lillard (Ark.) ITO S.
w. 1875, IL Ira. (N.S.) $50.
4 physician is held, in Sauers VS..
Smits, 40 Wash. 557 80 Pac. 1887. II
Ira. ((N.S.) 1912, not to be relieved
from liability for burning a patient by
the use of the X-ray by the fact that she
quit his treatment before he was willing
that she should do so, or that She neg.
lected to follow Instructions as to the
use and care of the affected part
Maintaining a stable in a stale of I'M
cleanliness, and permitting the horses TO
be brought in in the night, and the driv-
ers to use loud and profane language, SO
that the sleep of occupants of neighbOr-
ing buildings is disturbed and their
health impaired, is held, in Oebler VS..