The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1910-05-05
Legal Information

A person who waits for a street car
at a proper cross walk. sees the car
coming. and Is strgSS and injured BY
Il through his own negligence. Is held.
In Wood ". Omaha c. b. street rail-
way company (Neb.l. 40 y. ". 1921.
p L. r. A. IN 81 22s. not 70 Be en-
titled to recover damages on the sole
ground that the motorman failed TO
sound the gong
That a sidetrack Of q railroad can
not be regarded as for DUblic use.
where It reaches a private factory.
and the railroad company has connect
ed for its use only when Il can use Il
without interfering with the business
Of the manufacturer. Is held In Pcro
Marquette R. Co. Vs. United States
Gypsum Co. 154 Mich. 200. III n. W.
73s. % l. R. A. On. 81 Isl.
The liability Of master for injury
70 an employe because OF a defective
railroad track. which he had promised
70 repair. upon complaint BY the serv-
ant Of is defective condition. Is held.
IN Morgan vs.. Rainier Beach Lumber
Co. 81 Wash. s35. IS Pac. 112o. 20 L.
r. A. O.. 81 Az. not 10 be Affected
BY the fact that the repair was not
to be made until the happening Of
future event. such as the return Of a
section boss. which had not occurred
at the time Of the injury.
An innkeeper Is held. in Rockhill
IS. Congress Hotel Co. 237 III. os. IS
\. E. $40. p L. K A. (N. s. SIS. not
to be relieved from liability for the
value Of jewels forming part OF ~
contents OF q handbag OF guest,
which Is lost while IN the actual pos.
session Of his servant. By a statute
requiring him to keep a safe and post
notices that he viii not be liable for
the valuables not delivered for deposit
therein. and upon compliance there
with he shall not Be liable for loss
unless It shall occur BY a servant en-
Dloyed By him in the inn.
The constitutionality Of the law
Increased penalties FOR ha-
1itual criminals was assailed IN State
%. lie Pitre. 1913 Pacific Reporter, q.
The Washington Supreme Court de-
.ided that while the habitual criminal
Itatute was a thing OF modern crea-
ion. and there are many rules OF law
which may seem inconsistent with It's
purpose and the procedure adopted to
ompass II, e Is nevertheless sound in
and sustained BY reason.
side from the offender and his vic.
i'm. there Is always another party
oncerned in every crime committed
the state-and It does no violence =
} any constitutional guaranty fos the a
tate to rid itself Of depravity when
IS efforts to reform have failed. The
Ct Is not ez post facto. II does not a
sny the right Of trial by jury. Il +
oes not put the offender twice I'm
Il does not lnnict a double
anishment for the same ofIense. or y
Ifict a cruel or unusual punishment 4,
! impose penalty for a crime com.
lifted outside Of the state. II merely a,
rovides an increased punishment for r,
ie last offense. The spirit Of the Law
in keeping with the Acknowledged m
Iwer Of the Legislature to provide a AZ
minimum and maximum term within 81
nich the trial court may exercise lta
secretion in fixing sentence, taking
TO confederation, Is It should al. 90
lys, the character Of the person az no
IL as the probability Of reforma- 70
N; or the legislature may take
'ay all discretion and tx penalty WI
soIuts. ~