Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1909-09-03

LEGAL DECISIONS
|. u street runway company havina o,l
the right or license to operate it, oLly
IN pubic street until revoked or "aykS
;; ia Sai pS the pubic authorities IN haII
| IN STILES VS.. Citizens Electric s. ueil,
20. l99 Mass. 1874. s. N.E.41o j59, I I, K.
N'eJ S6o, 10 nave the right tn III Ia.
10 use the permission granted ana Else
continue the operation of tha us
araeK covered by particular mole
uluer winch IT was built. at its ggl'oA
| ure' III the absence of any agrcrna !,'s'S'
the contrary. '''''hL 10
| a passenger who boards Train 81.
/ teiesraphing for reservation On 'Ller
tam Pullman car which is nor d Ger,
10 that train. but will be picked ''SHed
few miles down the road. and is Up up a
to remain in Pullman car peno pr'owed
ARRIVAL OF one on which his reyerys, iae
| IS. IS held. in Cincinnati. n. @ e ',TTug o.
X. Co. VS.. Raine Ky.) liz s W l.; r
10 L. r. A. On. 81 1853, not 10 he 80,
senger of the Pullman company or gds'
| IS held not to be liable for neglioennnnlu y
| its conductor which results in he e OF
| ing his ear. his HISS
Where it clearly appears that non.
killing dogs was not acquainted WIN son son
| owner OF the dogs, and did not in r lug
know who was their owner. and '"S'
wounding and killing them was N
actuated by malice or a wanton or ro ng'
less spirit, but acted solely tbroraIT' A'
desire to remove the dogs from 4
premises, and to prevent their worry;n MY
annoying, and terrorizing his live sta 11l
it is held, in State VS.. Churchill, II Ia
no. 645, 9S Pac. S53 10 Ira. M,
Poo tnat he cannot be held crimlnaly
| liable for malicious mischief.
A parol agreement by several adiain,p.
land owners to erect and maintain lola,
phone poles on their respective lanis
and to contribute equally to the eypensa
OF stringing wires thereon, and of oner.
atlng telephone line, is held, in Yeapar-
vs.. Tuning, 20 Ohio st. 700, SO n, +
t57. 10 Ira. (N.S.) 700, not TO create
an easement, but to be merely paro
license, and to be revocable by any ona
of such owners, although in reliance
thereon the poles have been erected and
the line constructed.
A contract by one, who, after agreeing
TO marry woman, induces her 10 sub
init to surgical operations which render
her unable to support herself, to. support
her in consideration of release from his
engagement is held, in Henderson V
Spratlen (Colo.) 9S Pac. IA, 10 Ira.
| tN.S.) 600, to be valid and enforceable.
4 rule of q rural telephone company
that telephone rent must be paid six
months in advance is held, in Buffalo
County Teleph. Co. VS.. Turner (Neb.) lis
n. w. 1904, 10 Ira (N.S.) 693, to he
reasonable; and q subscriber refusing 10
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
a defect in street or sidewalk, shall be
Il condition precedent to liability for
damages caused thereby to individuals.
is sustained in Shigley VS.. Waseca, 1906
MINI. "a, 11S n. W. 259, 10 Ira.
! tN.S.) $50.
One engaged in discharging coal from
vessels, who provides suitable apparatus
for the work. is held, in Loud VS.. Lane.
103 Me. 300, 90 Att. 270 10 Ira. tN.St
ESQ., not to be responsible to an emplOye
for the manner IN which it is set up by
the men employed in doing the work,
and therefore he is held not to be liable
fall of the apparatus because it was
fastened to a decayed cleat on the mast
of the vessel, without stays to prevent its
falling If the fastenings should give.
| way.
In an action against a railroad com
pany for the destruction of property by
fire set by sparks emitted from the com
pany's locomotive, it is held, in OsburH
nraoOn G. Nav In Idaho
ATS. 9S Pac. 627, 10 l.. r. A. (N.SJ az.
to be sufficient to establish Il prima ia
Gle case for the plaintiff to show mat
fire had been communicated from NE
company'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 ot
the company either in the constructors
and equipment, or management end op-
Grafton, of its engine, and casts the
burden upon the defendant of rebuttlns
this presumption of negligence.
That railroad company has left
pile of sand unguarded on n vacant log
adjacent to its tracks, which is attrac
tive to children, is held, in SwartwoQd
VS.. Louisville & n. K. Co. 33 Ky. L.
IN. 81 1112, not to render it liable 10
child who. attracted thereto to play, at
tempts to board passing train 10 is
injury.
The failure of the conductor Of a train
to notify passengers inside the car THAI
the train had not reached the station
when it stopped, Notwithstanding the
announcement of the porter that the stop
would be at the station, is held, in Was-
ner VS.. Atlantic Coast Line r. Co li'
y. c. 80, 81 S. E. III, 10 J.. L. A
On. 81 1923, not to be the proXim5'e
cause of injury to a passenger VINO.
without necessity, voluntarily rode Oh
the platform and attempted to alight ie
his injury when the train stopped, WheTr
he could not have heard the notice Aar
it been given within the car, and re
trainmen did not know that he .uieDHr'
TO alight at that stop.
4 provision on a transportation urEr'
that the carrier is not to be responsive
for the destruction of baggage by IRE y
held. in French vs. Merchants \ W.
Transp. Co. 1899 Mass. 433, - y. J..
424. ~ l.. r. A. IN. s. 1905. To- DC
binding on the passenger in its apP.L.@.
ton to fires not caused by the carrier