Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-01-25
Decisions
1.-THE following notes OF cases are
from the West Publishing Company,
I St Paul. Mimi
INADEQUATE PEsTHoUsE.


INADEQUATE PESTHOUSE.
A woman of culture and refinement
having contracted anaesthetic leprosy
while engaged in missionary work in
Brazil was ordered removed by the
city board of health to the city's pest
house, a structure of four small rooms.
used heretofore for the isolation of
negroes with smallpox, and situated
within 100 yards of the city garbage
heap. A distinguished specialist had
pronounced the Infection not contagi-
ous and no evidence Of contagion had
! appeared, atho complainant had
| mingled freely with other people. In
Kirk VS.. Wyman, TO Southeastern Re-
porter, SS7, complainant insisted that
| her condition did not justify her i'm
mediate removal to the pesthouse until
suitable accommodations were provid-
ed for her and applied for an injunc-
ton to restrain the action of the board,
The South Carolina supreme court, be-
lleving that the official action of the
/ board was so arbitrary and that there
was no adequate relief in a suit for
damages. maintained the injunction.
/ Important Decision
/ VALIDITY OF CHARITABLE TRUST
y nhilanthropic citizen, wishing to
alleviate states financial burden, de-
4 posted money in trust to be accumu-
! lated for the benefit of the state of
Pennsylvania. The instrument pro-
/ Nlded that the trustee should invest the
! money and all its accommodations in the
pubic stocks of the state whenever
/ they could be- purchased for a certain
| price. otherwise in government or other
stocks, until the time should arrive
! When the fund 50 accumulated, togeth-
er with any other sums which might be
f, deposited with the trustee for like pur-
poses. should be equal TO the debt at
that time owed by the state. when it
should be paid over to the treasurer of
the state for the purpose of discharging
its entire Indebtedness, and for no
other purpose whatsoever. The amount
deposited was $4,000; the indebtedness
of the state at that time was 100000
600. In Russell V Girard Trust COM
pany. III Federal Reporter. 161, the
court held that as the state took no
vested interest in the fund. but was to
receive the benefit of it only on con-
tingency which might never happen, or
might happen al some indefinite time
in the future. which might exceed the
limitation of the rule against remote
ness CT accommodations, the trust was
void and the fund was recoverable by
the personal representative of the set
tier upon his death.
NEGLIGENCE OF INSURER.
An insurer contracted to indemnify
IA manufacturing corporation for any
amount under 5000. which it should
be compelled to pay as damages for
personal injuries to its employees. An
employe of the insured was injured
while carrying a pitcher alleged to be
defective, containing acid. To the in
surer the necessary facts were prompt
Ily communicated. and the pitcher was
ntrusted to its custody. By the in
Isurer the action of the employee was
contested. but so negligently that it
failed to offer the strongest evidence
for the manufacturer, the pitcher. Re-
covery was had for more than 1900
In Attelboro Manufacturing Company
vs.. Frankfort NJ. Acc. & P. Ct. Insur-
ance Company, i'll Federal Reporter
495. plaintiff sought TO recover the diff
ference between the stipulated indem-
nifty and the amount it was forced to
ipay thru defendants negligence in con-
Quoting the suit. The federal circuit
court concluded that an undertaking by
one not an attorney to carry on the
lawsuit OF another being ordinarily ar
undertaking to carry ii on with due
care, it is the basis of an action TO,
tort where negligence has been substi-
tuted for due care implicitly undertak-
en- and agreed upon. The demurrer tc
the declaration was overruled.
MONOPOLISTIC AGREEMENTS.
The case of United States Telephone
Company VS.. Central Union Telephone
Company, III Federal Reporter, 1870, is
valuable and interesting contribution
to the law governing the rights of tele-
phone companies as public service cor
pora tions. The complainant compan.