Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1909-05-14


health, is held in Metropolitan l.. ms Co
VS. Brubaker tKan.l 96 Poc. IL. Is
L.R,A.(N.Sl 362, not to be able truth
fully 10 answer in the negative the ques-
| ton, Have you consulted any other ply
sician:' merely because the interview
concerned some temporary allment or in
disposition slight in character and not
seriously affecting his health.
Where a horse takes fright, without
fault of the driver. Mt something for
which the municipality is not responsible
aud gets beyond the control of the driv-
er, runs away and comes in contact with
some obstruction or defect in the street
which is there by the negligence of the
municipality, it is held. in Mcdowell VS.
Preston 1O4 MINI. 263. l16 NV. 47O
pality is liable for the result of the in
jury if it would not have been sustained
except for such negligence
The repeated posting or Il debtors door
in a public hall, of cards requesting him
to call and pay the debt which he has
acknowledge to be due is held in Slater
vs.. Taylor, 81 App. ID. c. 100. Is Ira.
I (N.S) a, to furnish probable cause for
securing arrest of one SO doing under II
statute providing for the punishment Of
one who accuses another of conduct
which would tend to disgrace him or in
any way render him subject to the con
tempt of society, with intent to extort
from him anything of value, or compel
him to do or refrain from doing any act.
The possibility of reverter under
deed of property to a church with the
proviso that il should revert to the grant
or whenever it ceased to he used for
church purposes is held in North VS.,
Graham 30 III. IT'S, 81 \. T.. POT. Is
Liza. lN.So ga, to he within the mean
ing of a statute providing that estates
both real and personal, of persons dying
intestate, shall descend and be east
upon the grantor's heirs at the time of
his death, and not at the time that the
use of the property ceases.
The owner of property lost while in
railway checkroom is held. in Terry VS.
Southern II. Co. (SC9 IT, s +. 249, Is
Ira. tN.S) 295, not to be bound to
| show negligence on the part of the rail-
| road company, 10 be entitled to hold it
| liable for the loss.
The liability of railroad company
! for the net of its servant sent to erect
snow fence on the property of an ahut-
| ting owner ill assaulting servant of
| the latter to prevent his interfering with
the prosecution of the work or demolish-
| in Waaler vs.. Great Northern Il. Co Is,
! d. III n. w. 40, Is LAR. (N.S) POI.
In an action against a railway corpora
ton for damages for personal injuries
! alleged to have been occasoned by de-
| fectiye coupling apparatus, reports of its
| car inspectors concerning the condition
| of the coupler, whether based upon inves-
| LEGATIONS made before or after the injury,
| are held, i'll AtchisOn, 7. 4 $. +. X. Co.
VS.. Burks O<an.) 96 Pac. $50 Is Ira.
| (N.S.) 23l, not to he admissible in evil
! dence as admissions by the company of
| the facts stated in the reports, unless
| such reports have been adopted or pro-
mulgated in an authoritative way by
| some official hb wing power to bind the
corporation by admissions.
The liability of a railroad company for
| injury to an emplOye by the placing of q
ear loaded with explosives about the mid
| die of the train, back of cars controlled
! by air brakes, and the stopping of the
| train by the use of such brakes, and the
! effect of the inertia of the cars so con
trolled on the following ones, which re-
! suits in oycrturuing and explosion of the
! car is denied in Lewis VS.. Pennsylvania
! II. Co. 800 Pa. 81, go All 81, is
| L.R.A.(N.S1 2G0, on the ground that the
! placing of the car and the use of the
| brakes were acts of fellow servants of
! the injured employe.
A railroad company is held, in Cleve-
| land, &. G. q St. L. r. Co. Y. Louisville
Tin & s. Co. 80 Ky. /. Rep, S24, Iii
S. w. 1913, II L.R.A.N.S) 1884, not TO
be able 10 escape liability for injury
through rust to metal loaded into one of
| its cars by the fact that the ear was
sent to the shipper loaded with soda
| ash, the nature of which is to cause the
| e a, IL, l.
the contents to the weather and to cause
metal to rust and that he reloaded ii
with the metal without exercising rea-
sonable care to ascertain whether or not
it was in fit condition for the intended
use.
The liability Of a street car company
for an assault by its motorman upon IA
passenger who has left the car to stop a
fight between the conductor and a pas
senger who has been elected from the
car is denied in Zeccardi VS.. Yonkers X.
Go. 100 n. Y. $50. SO n. Il. 81, II
LR.A.N.S) 10.
A passenger on street car who. be-
ing entitled to a transfer TO another line,
which is not given him before the trans
fer point is reached. continues to de-
mand il after he has reached the grolnd
at the transfer point in obedience to the
conductors command TO get off the ear
and out of the way, is held, in Bloms-
ness VS.. Puget Sound Electric Railway,
A Wash. 600, 90 Pac. Ala, II Ira.
(N.S.) 763, not to have lost his rights as
q passenger so as to absolve the com
pany from liability for an assault upon
him by the conductor, growing out Of
the alteration.
4 passenger who applies for transpor-
tation on freight train is held, in Olson
vs.. Northern +. r. Go. 40 Wash. 62G
SO Pac. $50, IS LAR. (N.S) 2O9, TO
have a right to rely on the evidence fur
nished him as TO his right thereto; and
to be entitled to recover damages from
the carrier, if he is elected from the
train because Of Il mistake in such eyi-
dence, without fault or negligence on his
part.
Although one driving along a street
ahead Of street car which is running SO
slowly that he has time to cross the
! track without being struck is negligent
] &c.. II