Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-23
Decisions
1.-THE following notes OF cases are
from the West Publishing Company,
st. Paul. Mimi

u 4 t. 2 <. "
1.-THE following notes OF cases are
st. Paul. Mimi y.
FRIGHT.
A mother, with two young children,
was passing ina city street when there
was an explosion of pot of molten
lead, some of the drops being cast up
on her clothes and hand. She recov-
cred $4,000 damages for the negligence
of defendant, but the appellate division
of the New York supreme court in
Hack vs. Dady, 118 New York supple
ment, 9O6, reversed the judgment, hold
| ing that, as the injury was very slight,
q radical impairment Of her nervous
system, general health, and bodily or
gans, resulting in three successive mis-
carriages, was not an ordinary and
natural result of the accident, but the
physical consequence OF her fright, and
/ since damages could not be recovered
for mere fright from another's negli-
gence, there could be no recovery for
/ the physical consequence Of the fright.
FALSE IMPRISONMENT.
| The House of the Good Shepherd, To-
Gated at Detroit, Mich, is one Of 300
| institutions of like character for moral
reformation of girls and women, and
| for the protection of such as may be
exposed to particular dangers from in
juries affecting character and virtue.
Some of the inmates OIne to 1t volun-
tarily. some are placed there at the re-
quest OF parents or guardians and same
are sent to it instead OF the State IN
dustrial School, on conviction Of crimeI
dustrial School, on conviction of crime.
I n 81
Shepherd, 1872 Northwestern Reporter.
sal, the evidence, while conflicting,
went to show that plaintiffs ward and
sister, for whose benefit the action was
instituted, was induced in some way to
enter the defendant institution, and
was there confined for seven years
against her will, and without knowl-
edge of her relatives, who were resid-
ing in Detroit and who made efforts to
discover her, whereabouts without
avail. One defense interposed to the
action was that the institution was, on
account of the statute allowing deten-
ton therein of some persons convicted
of crime, a governmental agency, and
therefore not liable for torts of its
agents or employees; another, that 1t
was a public charitable institution,
and that funds raised for charitable
purposes could not be diverted for
payment of injuries sustained thru il
legal or tortious acts of it's officers or
servants. Neither ground of defense
was held good by the Michigan SUI
preme court, and a judgment award
ing damages in plaintiffs favor for
the benefit of her ward was sustained.
The question of good intentions on the
part Of those in charge of the institu-
ton was held fmmaterial.
SOCKS AND MAPLE SYRUP.
Boastful and fanciful, not false and
misleading. is the trade-name announc-
ing that the impossible has occurred,
and socks have become "hole- proof"
At least that is the holding of the
United States circuit court Of appeals
in Holeproof Hosiery Company VS..
wallach Bros, 172 Federal Reporter.
$50. Surely" says the court. mo one
could be misled into the belief that
holes will not appear in compliments
socks il they are worn long enough. and
it is difficult to conceive that any one
could be fatuous enough to suppose
that by the use OF the word Hole
proof he could deceive the people fay
inducing a belief that the goods would
never wear OUT"
Another case dependent on decep-
tiveness of names is that of the United
States VS.. Sixty Eight Cases OF Syrup
172 Federal Reporter. ISL. 1t appeared
that syrup seized for purpose OF
forfeiture was put up in packages
marked, blended Maple Syrup. Guar
anteed Absolutely Pure" 1t was al
legged that it was actually made from
substances other than maple syrup, and
fYo1 cvfr of M MI
but the United States district court
dismissed the libel, on the ground that
the use of the word blended saved
the label from being violation of the
pure food and drugs act. as 1t tndi-
Gated mixture and imitation.
AFTER DEFAULT JUDGMENT.
In Shellabarger VS.. SexsTnith. decided
by the supreme court of Kansas and
reported in 103 Pacific Reporter, 1872.
the question arises as to the necessity
Of one against whom judgment by de-
fault has been rendered taking notice
of subsequent proceedings The action
was instituted against Sexsmith tor the
foreclosure OF a mortgage, and judg-
ment by default taken and the land
ordered sold for it's satisfaction. At the
the same time and as a part OF the
same decree, an order was made recit-
ing that as it appeared that Shella-
barger had some interest in the prem
ises he should be made a party thereto.
This was DONE He was served with
summons, answered, and set UP note
and mortgage against Sexsmith. and
asked for second lien on the land and
a personal Judgment. NO process
aside from the summons In the original
action seems ever to have been served
on Sexsmfth and some time after 5udg-
ment was given in favor OF Shella-
barger motion was made to set 1t aside.
The motion was sustained by the trial
court, but its decision was reversed by
the supreme court, which held. follow
ing Ktmball VS.. Conner, Kan. Al,