Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-05-02
Decisions

1.-THE following notes OF cases are
from the West Publishing Company,
st. Paul. Mimi
INJURIES FROM EXPLOSION.
Where the negligent explosion Of
carload Of dynamite standing In KEN
lucky resulted in the demolition Of ap-
pellant's house, situated q few yards
distant, but in the state of Tennessee.
the court OF appeals OF Kentucky in
Smith VS.. Southern Railway Company
1913 Southwestern Reporter, 678, held
that an action for damages for the de-
struction of the house might be brought
at the option Of the owners in the
county and state where the house was
situated or in the county and state
where the negligence was committed.
The entire happening, tho beginning in
Kentucky and ending in Tennessee. was
but one transaction, or single acci-
dent transpiring upon and on either
side of an invisible line separating the
two states. Therefore it occurred in
both at the same time. and for that
reason should be regarded as having
occurred wholly in either. Consequently
the venue may be laid in either juris-
diction.
| NEGLIGENCE OF DEER HUNTERS.
Three men, plaintiff, defendant. and
one Lima, went deer hunting on the
banks of river thickly grown with
brush. They agreed to station Them
selves at three runaways. defendant 200
yards above, and plaintiff 200 yards
below, Lima. PLAINTIFF crossed the river,
and instead of going below Lima, went
above him and opposite the defendant.
| Defendant, seeing him moving in tho
brush. fired, and shot him thinking no
was a deer. The supreme court of Cal-
| ifornia in Rudd VS.. Byrnes. 105 Pacific
Reporter, 957, held that as firearms are
extraordinarily dangerous, and persons
handling them are bound to use extra
ordinary care to prevent injury to oth-
ers. and are held to strict accountable
ity for want of such care, one who fires
at an object moving in the brush with
out taking time to discover whether.
| 1t is deer or a human being Is cer-
tainly guiky of negligence. Whether
| plaintiff was negligent In going oppo-
site defendant was held a question for
the jury. Proof of a custom OF hunters
along coast rivers was denied, as no
evidence was offered to show that
plaintiff knew OF the custom at the
time. The standard of care required OF
! persons under given circumstances can
not be established by proof that others
have been acting in a certain manner.
| INDICTMENT OF BANK OFFICIALS
| An indictment against national
bank officer for making false reports to
the Comptroller of the Currency was
quashed in the lower court of the Unit-
ed States ". Corbett, 80 Supreme Court
Reporter, ST. The prosecutions was un-
der U. s. Rev. st. 5000 Gu. s. Comp. st.
| 1901, p. 3497). making it a misdemean-
| or for any officer Of national bank to
make any false entry in report to any
agent appointed to examine the affairs
OF such association. The question was
| whether the comptroller was an
agent within such provision, in view
of u. S. Rev. st. $40 (U. s. Comp. st.
1901, p. $3.50, comforting power on him
to appoint suitable agents to examine
the affairs OF such banks. The lower
court, in quashing the Indictment, con.
strued the section as not including the
comptroller as sucns agent. The SUI
| prene court, in reversing the decisions
points out that the rule OF strict con-
| struction of criminal statute does NOS
require that the narrowest technical
meaning be given 1t In disregard OF the
| context, and in Illustration OF the OBJ
VlOuS legislative IHtCAIl. Ao AhSOAAS W
deceive, for which the statute provides.
| is an intent to deceive the official
agents concerned in overseeing the
| ba nix and supervising its operation and
the conduct Of It's business, including
the comptroller Of the currency and
the subordinate agents of examiners
| whom the state authorized him to ap~
point.
LIFE INSURANCE.
The case Of Baker vs. Modern Woods
men OF America, 121 Southwestern Res
porter. 794, is good example OF the
fact that a decision often hinges on
the meaning of single word or phrase.
The defendant society had issued to
James Moat Baker a benefit certihcata
for the sum Of $4,000. payable to certain
jbenehciaries on his death. Section -
of the bylaws provided that a certah-
cate should become absolutely void in
case insured should thereafter be COM
victed Of felony, the punishment for
(which should be imprisonment In =
lpenitentiary. etc. Insured was there-
after tried and found guilty Of murder
in the second degree, ana sentenced To-
limprinonment In penitentiary. In.
sured was thereafter tried ana fund
guilty Of murder in the drsS
degree, ana sentenced to im-
i prisonment in the penitentiary. IN
due time he took an appeal to the Su-
preme court, and filed . proper bono
under which the Judgment and sentences
were stayed. just prior to the hearino
OF his case by the appellate court, he;
i a 80 H.. - D>A- A<>a