Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1909-02-26
RECENT LEGAL DECISIONS.

RECENT LEGAL DECISIONS.
a telephone company whose wires are
nghtfully strung in public street is
/ held m klbble Teleph. Co. vs.. Land
/ phere, lol Mich. 800. lt5 y. w. a44 1G
! Lila. oN,S1 GSl, 70 be entitled TO an
injunction against their being cut bv
! enc desiring 10 move a building along
| the street
An action TO recover taxes paid. he
cause the assessment was too high in
than proper credits were not given. is
held. IN First Nat Bank vs.. Hopkins
Ville tAN.l los ). w. 81, rs Ira
! MS $50, not to lie where no complaint
has been made to the assessing officers
on the ground that il calls upon the
court To correct an assessment, which
Il has no jurisdiction to do in the first
instance,
The owner of a COW at large in the
public highway is held. in Marsh vs.
Rooms, as Ohio st. Is, 81 \. T., 800
10 Ira. (N.S.l 647 not to be liable in
damages to person injured by being
thrown from her vehicle on account Of
her horse taking fright at the cow get
ting MP when she attempted to drive
around it.
A tax of $50 per year for the priv
ilege of using wagons on city streets for
delivering coal oil, of so for using ice
wagons, and $40 or less for using all
other kinds of vehicles. is held, in Wa
terS-Pierce Oil Co. VS.. Hot Springs N
Ark 500, 100 $. w. 2a3. rs Ira.
tN.S1 1885, to he void for unreasonable
discrimination.
A telegraph company which fails to
deliver a message from bidder for pub
lie work, directing the addition of u
certain amount to his bid, is held. in
Postal Teleg. Cable Co. VS. Nichols &C..
g, Al $50 Fed. CAB, Is Ira. CN.Sl
$40, to be liable in damages for such
amount in case the contract is awarded
at the original price and the increase
would have been added and received by
him, had the message been delivered
The owner of Il building leased for Il
boarding house, without covenant to re-
pair, who undertakes to put new fur
naces III the building, and who removes
the old ones is held, in Glenn VS. Hill.
2l0 Mo POI. 100 $. w. -, 1G Ira.
(N,S) 800, not to he liable to occupants
of rooms III the building for injuries
caused by the cold. merely because he
fails to put in the new ones in time to
protect them from nclemcnt weather.
Where tenant gave seasonable notice
to his landlord of the necessity for re-
pairs. and the landlord made continual.
although Intellectual, efforts to repair. il
was held. in Miller vs.. Sullivan Q[auD
"a Pac 266, 16 Ira. (N.Sl 1877. that
the tenant might recover for damages to
goods in his storeroom on the leased
premises, when the extent of such dam
age was shown with reasonable certain
/ ty.
The liability of street railway cont
pany for injuries to an employe by n
pole placed by stranger near the track.
but outside the right-of-way. is denied
in Moore VS. Chattanooga Electric II.
Co CfennJ 109 :. w 497 10 Ira.
| (N.S.l 97S.
The power Of municipality to inn
pose as Il condition to the grant Of u
street railway franchise, the duty ia
carry policemen tirpmen, United States
mail carriers, and children under a Ger
tain age free, and To furnish tranSporta-
ton TO school children at a reduced rate,
is sustained in oklahoma City vs.. Okla
homa X. Go. (0kla.l 93 Pac Is Ii
LR.AIN.Sl G5l,
The power of a municipality to require
by penal ordinance the stopping Of in
terurban cars to take on and 10 dis
charge passengers is denied in Town
send Us. Circpville - Ohio St 122. 81
n +. 192, I.RR(N.Sa 914. although
its power TO regulate the speed of sHch
cars within the corporation is admitted.
4 street car company is held. in south
Coviugton x C. Street X. Go. VS. Ressc
T. 4