The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-09-02

a.
I" use the permission granted, ana dis
continue the operation of the whole
track covered 10y "A particular location
under which il was built, nj lis pleas
ufe. IN the absence of any agreement to
| the contrary.
\ passenger who boards train after
tclcgrlphng for IA reservation on n Ger
tain Pullman car which is not attached
10 that train, but will be picked M n
few miles down the road. and is allowed
TO remain in n Pullman car penung the
arrival of one on which his reservation
is, is held, in Cincinnati. y. q. & II. L.
X. Co. Us. Raiue kyl 113 $. w. 495,
~ l.. Il. \. On. - 1I3, not to he a pas
sengcr of the Pullman company. and il
is held not to he liable for negligence of
It's conductor which results in his miss
ing his ear.
Where il clearly appears that person
killing dogs was not acquainted with the
owner of the dogs, and did not in fact
know who was their owner, and in
woundng and killing them was not
actuatcd by malice or wanton or reck-
less spirit, but acted solely through a
desire to remove the dogs from his
premises, and to prevent their worrying,
annoying, and terrorizing his live stock.
II Is held, in State VS. Churchill II Ida
no. Glo, 9S Pac. S53 10 Ira. (N.SD
N3o. that he cannot be held crimiually
Ilahle for malicious mischief
y parol agreement by several adjoining
land owners to erect and maintain tclc-
phone poles on their respective lands.
and 10 contribute equally to the expense
OF SirlngIng wires thereon, and of opcr-
atlng telephone line is held, in Ncagcr
Us. Tuning, 20 Ohio st. 700, s. ~ T..
CO.. 10 Ira. (N.S) 700, not to create
an easement, but to he merely parol
license aud to be reyocnble by any one
Of such owners, although in reliance
thereon the poles have been erected and
the line constructed.
\ contract by one, who, after agreeing
! to marry Il woman. induces her 10 sub
mlt to surgical operations which render
l"r unable 10 support herself, 10 support
her IN consideration Of release from his
engagement is held, in Henderson Us.
SpralIou Colo.D o. pac. II, 10 Ira.
lN.Sl G6j, to be valid and enforceable.
4 rule Of a rural telephone company
that telephone rent must be paid six
months in advance is held. in Buffalo
County Tcleph. Co. VS.. Turner (NchD rs
I \. W. lO6l, 10 Ira (N.S.J G93, to be
/ reasonable; ana a subscriber refusing t.
comply Herewith is held not entitled to
service from the company,
The right of the Legislature to provide
! that ten days written notice to the city,
/ prior to the accident, Of the existence of
4 a defect in street or sidewalk, shall be
a condition precedent 10 liability for
| damages caused thereby TO individuals,
I Is sustained in Shiglcy vs.. WaScca, log
Mimi. -, MS y. W. 30, 10 Ira.
/ lN.S. $50.
/ Ouo engaged in discharging coal from
vessels, who provides suitable apparatus
for the work. is held. in Loud VS.. Lane
lO3 Me 300, 60 All. 30 10 Ira. (N.Sl
/ ESQ not to he responsible TO an cmployc
for the manner IN which II is set up 10y
The men employed in doing the work;
and therefore he is held not To be liable
for injury to an employc caused hy the
fall Of the apparatus because ii was
fastened to a decayed cleat on the mast
Of the vessel, without stays to prevent its
falling If the tastcnings should give
way.
In an action against railroad com
pauy Tor the destruction of property 10y
fire set 10y sparks emitted from the com
pany's locomotive, it is held, in Osburn
vs.. Oregon r. X Nay. CO. ID Idaho,
rs. - Pac. 81, - l.. K, \. (\,SD ~,
To be sufficient to establish a prlma la
cie ease for the plaintiff to show that
fire had been communicated from the
cOmpauy's engine to his property, which
resulted in its damage or destruction;
and such proof, when made, is held to
raise the presumption of negligence If
the company either in the construction
and equipment. or management and OPP
Grafton, Of its engine. ana casts the
burden upon the defendant Of rphuttug