Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-10-31

terry? The city court OF 6wa1noborOuGh
said "Yes." but ON appeal to the court
OF appeals Of Georgia, In the casa 9o9
Arthur W. state. 20 southeastsrn Re.
porter, 1877, we md the following para
graph: Assault ana Battery (e7!J@
Self Defense. Il apbeSrinsi from uns
disputed testimony that the bsrson -.
legged to have beensassauIeed waa Toe
struck by the defendant until aftsr ~
had been struck BY him upon the he'd
with piece Of plank. ana that then sho
used only her hsts. the conviction -
the accused does not appear that %.
cused was trespasser upon thu pessa-
Uses Of the prosecueef, tho thsrsf =
using profane language to anotlfer wp.
further fact that sh3 REFUSED 70 leave
the premises. would have Justice tho
prosecutor in assaulting her with =
board and striking her Herewith upon
the head; and she had the rgiht % Dc.
fend herself with her nsts against his
blows, even tho she may prevSeuoly
have been guilty Of improper9oenA
toward other persons than the pf0oe.
cutor."
DOGS IN Railways.
To suffer or permit dog to lie IN
the hallway Of an apartment house 10
not a public or private nuisance. and
according 70 the opinion Of the New
York supreme court, in the case Of Nc.
Cluskey W. Vile. 129 New York Sup.
plement. 455. does not amount 20 more
than negligence. II it amounts to that.
Plaintiff alleged that defendant owned
an apartment house, and "unlawtully.
negligently. and carolessly permitted"
a dog belonging to one Of the tenants
to lie about the Railways. % - 70 be
dangerous 10 persons going thru them.
land to become nuisance. as defend.
ant well knew: that defendant omitted
to light the hall lamps. and that with
out her own fault, and SOLELY owing t.
the aforesaid negligence and unlawful
acts" of defendant, PLAINTIFF tfipped
upon the dog, which she could not see
because Of the failure to light the hail.
way. and was injured. Claiming that
plaintiffs action was one for legligGnce.
defendant pleaded the statute OF lini-
tations. To avoid this defense plaintl6
averred that her action was one for
nuisance The court holds that the
complain attempted to allege .
cause Of action for negligence. and
that plaintiff could not aaaefe that It
alleged one for nuisance.
THE UMPIRE ON SUNDAT.
Todd Cheeves acted as umpire In .
baseball game between the Duncan and
Rush Springs teams which was played
on Sunday. Probably because u .
bum" decision at Q critical moment,
somebody resolved to get that UNI.
pre-" 80 a charge was brought against
him for violating a statute forhidding
public sports on the Sabbath. He Wao
convicted the punishment being me
Of 81, and appealed. contending that
the indictment was insufficient. The
criminal court Of appeals Of Oklahoma.
in Cheeves VS.. State, ia Pacific Re.
porter 1925, agrees with him and ex-
cuses him this time. but implies that
he had better not do it again. for that
statute Is going to be fixed, and then
he will lose his dollar. The court
says: The attention OF the legislature
is respectfully called to the statutes
upon the subject of Sabbath desecra-
ton They are loosely drawn. and tho
punishment Is inadequate to secure
their enforcement. They should either
be amended or repealed. We do not
like to speak disrespectfully OF any leg
the subject of sabbath breaking are Q
islative act. but our present laws upon
miserable farce"