Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-12-14
Important Decisions

Ss$sSt 00LLSLOlLS
CThe following notes of cases are
from the West Publishing Company.
st. Paul, Minn.)
LIABILITY OF SALOON KEDprp
One Jacob woodring, addicted first
70 drink and as a consequence thereof
10 violence, was sold liquor, whereupon.
ioiloWlng his natural bent, he became
intoxicated, quarrelsome. yindictiye
ana abusive. and his mental powers
became deranged to such an extent
lhal ne made an unprovoked and dead.
ny assault upon one Grosjean, who
struck him so violently that his death
ensued. In Woodring V. Jacobino 1oa
Pacific Reporter, 500, the minor ch;,dI
OF oecedent sued the seller of the de-.
ranging elixir for damages for her IA.
tner's death. The jury found that an.
! pellant had conducted a saloon. that
ne mad sold liquors to Woodring. which
intoxicated him, causing him to be-
come involved in the disastrous alter.
cation with Grosjean: that the LIQUOR
was purchased from appellant under
circumstances which would have led a
man OF ordinary intelligence to believe
lntoxlcation would probably result
thefefrom; and that respondent mad
sustained loss in her support and main
7 tehance In the sum of $500. The Wash.
lhSton supreme court refused to dis.
tufo the judgment of the trial court.
STATES INDEBTEDNESS
| Ihe Minnesota constitution provides
| the method for raising money to nav
state debts, but limits the aggregate
OF such amount to s250,000. A statute
was passed authorizing the construc.
tlon OF state prison to cost $780,
ooo, which provided for certificates OF
Indebtedness to be issued, these to be
paid from a specific fund formed by
taxes regularly collected. In Brown Us.
Ringdahl. 122 Northwestern Reporter.
10Y. 1t was earnestly insisted that the
feature OF the act authorizing the is
suance of certificates rendered 1t I'M
constitutional and void. The Minnesota
supreme court refused to sustain the
contention. The certificates in and of
| themselves created no Indebtedness
against the state. but were mere evil
oence OF the holders right to demand
and receive from the state treasurer
me proceeds of the tax authorized by
Inc act to be levied and collected. The
act contemplated the payment Of the
certHlcates from a specific fund. pro-
Vided for that purpose and they wera
not general obligations of the state,
hey were to be issued in anticipation
OF funds provided for and appropriated
Tor tnat purpose, and not from the gem
eral revenue fund
MENTAL SUFFERING.
The president of a hotel comnanu
was seriously scalded by the explosion
OF a defective coffee urn, which the
company had purchased thru a Job
Der. In the action brought against the
manufacturer to recover for injuries
10 MS mind, body. and nervous sys-
tenn. the president testified that nat
urally he was much interested in the
condition of things during his forced
absence, because every dollar he had
on earth was invested in the enter
prise. and he had become personally
liable to bank in a large sum in
vested in it, and that he had expended
$1,000 in trip to the south to regain
control OF his shattered nerves and his
scalded person. In Statler VS.. George
A. Ray Manufacturing Company, SO
Northeastern Reporter, 1868, the New
York court of appeals, while holding
the manufacturer liable to the prasi-
dent for the damages caused by the
negl1gently constructed urn, was I'M
able to grasp the theory on which the
anxiety caused by the financial con-
Germ and worry could be attributed to
the accident. The testimony served to
show either the interest which the
plaintiff had in the business, and which
was liable to suffer as the result Of his
injury, an element of damages not
! pleaded, or else it tended to show that
business anxiety, rather than accident,
affected his nerves and mind. II recov-
cry for trip to the south were al.
lowed, recovery might be had for
voyage to Europe, and perhaps the hire
of a palace which, of course, would be
| preposterous.
UNGUARDED STAIRWAY.
| During special sale of granite ware
! the attendant crowd in their anxiety
| to purchase became violent. A woman,
| trying to attract the attention of a
clerk, who was standing on counter,
kept her eyes on him, and was pushed
around another counter, and precipi-
/ tated to the floor below via an un-
guarded stairway. In F. W. WoolwOrth
& Co., VS.. Conboy. ITO Federal Report
err, 9S4, plaintiff sued to recover for
the injury received thru leaving thu
stairway unguarded. The United States
circuit court Of appeals held that, even
had the stairway not been separated
from that portion OF the floor used by
the public, its maintenance would not
have been neglected, such open STAIR
ways being an ordinary feature OF
store premises, the public when resort
ing there assuming the risk arising
therefrom, and are bound to protect
| themselves by the use OF their eyes
against such dangers. The crowd on
the present occasion seems to have
been somewhat more violent than US
ual: still such crowds are often found
in large stores at the time of special
sales and during the holiday season.
They are an unavoidable feature Of
mercantile life in large cities. Plaintiff
having met with an accident which Is
quite frequent, her misfortune can moi
fairly be shifted upon defendant.