Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-01-30
Important Decisions
1.-THE following notes of cases are
from the West Publishing Company.
St Paul Mimi
LOOP THE LOOP" INFRINGE



MENT.
An unusual case for infringement Of
a patent is found reported in 1S0 Fed
eral Reporter. 773, under the title of
Frazer VS.. Rohr. Plaintiffs invention
is that of an improved safe and sane
loop the loop" A bicycle is im-
movably and invi.ibly fxed to the
frame work of the loop" in such
way that it is impossible to be moved
out Of it's plane. The patent Is SO de-
signed as to give to spectators at an
amusement place the fa,se impression
Of the courage and skill Of a bicycle
rider without the necessity of getting
rider who in fact could do 80 diff
ficult a feat The machine is at best
a delusive trick 10 beguile spectators
into supposing that they are seeing
desperate and amazing feat, when in
fact the rider has nothing 20 do but
hold on to his seat-no doubt an un-
pleasant necessity. Defendants are
trained performers, who rely upon
their dexterity and self-command, en-
ploying no secret devices, and delud-
ing no one into an exaggerated belief
of their prowess. Plaintiff. by invent
ing a machine which dispenses with
daring and skin, is now seeking to
prevent them from the exercise OF
these qualities. The United States
circuit court held the patent not in
fringed. and refused to enjoin defend
ants from acquiring the profits OF their
past patience and training.
LOCAL OPTION Law VIOLATION.
George Mccall went calling on his
friend David vipond with a bottle Of
"tangle foot" In county in the state
OF Michigan where local option reigns
supreme He went to the private Office
of his friend and began to treat. but
the sheriff was soon hot on his trail
and the happy pair were arrested. In
people VS. Mccall. 1928 Northwestern
Reporter. 1852. the supreme court of
Michigan held that such conduct con-
stituted giving and furnishing Of in
toxicating liquor within tho meaning
Of and in violation Of the local option
law in force.
sUBTERRANEAN FIRES
The question Of the legal obligation
resting upon a city to extinguish the
flames Of subterranean fire upon
property within it's limits came before
the COURT in Cameron vs. City Of Car
bondale 7s Atlantic Reporter. 1913. On
application for mandatory injunction,
the court held that city officers could
not be required TO do an impossible or
impracticable thing. The cost would
be approximately 100000, and exceed
ed the damage that might result from
the fire. In refusing the Injunction the
court said: 1T is matter OF common
knowledge that mine fires In the anth-
racite coal regions present perplexing
and battling questions Of mining engi-
neering, most difficult to deal with and
at times impossible to grApple with
successfully. The principle under
which municipalities may be compelled
to abate nuisances upon . public high
way. or arising out OF their own neg
lect Of duty. does not apply here. The
defendant city committed no tort. The
fire was not permitted to start upon
any property under her control, and
she is innocent OF any wrongdoine in
connection Herewith"
OWNER OF DOGS.
An action was brought In 123 New
York Supplement, 724. entitled Buchan-
an VS.. Stout. for damages for killing a
cat. The cat was killed in the door
way OF the vestibule Of plaintiffs
house by the dogs Of defendant. De-
fendant admitted that ne had taken
the dogs into the street with him, and
J that when he discovered that they had
not followed him home he went back
and found them worrying the cat. He
did all that human being could do
under the circumstances to save poor
pussy, but the undisputed evidence that
he took his dogs into the street un-
muzzled. unleashed, and unled, in vi
olation Of city ordinance, made him
liable. in damages for the killing Of the
! unprotected and helpless cat.
VALUE OF CHINESE WOMAN.
I'm people vs.. Luis, no Pacific Re-
porter. $50. defendant appeals from a
! sentence to suffer death penalty for
the murder OF one Con Ying Luis. .
| Chinese woman. Evidence Of insanity
was sousht to b introduced by .
woman physieian. who castlnsa that
she VA an expert IN tuaktag ~ nsn-
til character Of . human bg(nt Adkn
hia general appearance. Inc ststse
that she had glanced Ut defSnesne sud
had seen his back once when he was
| going upstairs to the court room, and
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