Omaha daily bee., 1911-08-20
Supreme Court Syllabi

after the commencement OF the suit. Bloom
Held against Pinn. a Neb. &c
~. In an action for Islander the defense
OF privilege, To be available must be
proved.
i6iss. sampson against the Ladies of the
MacCabees OF the World. Appeal. Ian
caster. Affirmed Reese e. j. Root. j..
l. The action is upon benefit certificate
Of membership insuring the life of the
member in the sum OF tl,GgO There was a
jury trial resulting In verdict in favor OF
the beneficiary. The defenses presented
were fraudulent representations in the APP
ptcatlon for membership, that the member
committed suicide. which rendered the
policy void and that she died under the
influence Of narcotic self-admnistercd
which under the bylaws rendered the
policy of no effect The questions Of fact
testimony which in effect was conflicting.
Held, upon a review Of the evidence, that
the verdict should not be molested nor
the judgment thereon be set aside
1886. Sunderland Bros. Co. against Chi
cago, Burlington & Quincy Railroad COM
pany Appeal, Douglas. Affirmed at
costs OF appellee II plaintiff file remittur
for S323.30 within forty days. II such
remittltur is not filed. cause reversed and
remanded. Barnes, j., Sedgwick, J., not
1. The general rule is that common
carrier of goods insures their safe delivery
to the consgnee against loss or injury
from whatever cause arising except only
the act of God or the public enemy.
2. IL the carrier needessly delays the
.
from known or threatened danger, and the
! goods are overtaken in transit and are
damaged or destroyed by an act OF God,
and such negligence or unreasonable delay
\ is the proXimate or concurring cause of the
/ injury or destruction, the carrier is liable
/ for the loss; and this rule applies whether
the goods are perishable or nonpershable
\ in their nature.
| D. Evidence examined, and held Insult
| ficlent to sustain that part OF the judg-
ment which is based on an alleged ex-
! cessive freight charge
| 1891 Heink against Lewis. Appeal
Douglas. Reversed and remanded Faw-
Evidence examined and set out in tn,
opinion, held, insufficient to sustain the
1896 Bid against Chicago & Northwestern
RAILROAD company, Appeal, Dawes. Re
versed and remanded. Root, J.
1. The competent relevant testimony Of
unimpeached witnesses should not be helC
to be contradicted by differences from cir
cumstanual evidence, unless those cir
cumstances and the natural differences L
be deduced therefrom, cannot in reason b,
reconciled with the conclusion that the di
rect evidence is true.
2. The evidence in this case is commented
upon in the opinion and held insufficient e
sustain air the verdict Of the jury.
Harlan. Affirmed. Fawcett, ].
| l. Where an infant son has been disn
herited by the will of his father, deceased
IL Is proper for the mother or other neaa
relative to institute proceedings in the in
terest of the minor to contest such will
,and to employ counsel therefor: and Il
the event of such contest proving success
full the estate acquired for the mno
hereunder is properly chargeable with
reasonable compensation for the services
OF the attorney in such proceeding.
2. But where in such case the person
employing such attorney agree with hin
that he sholl receive for his services II
that behalf, one-third or one-half of tn
recovery in such contest proceedings, suc
agreement will not be sustained and tn
estate recovered for such minor charge
Herewith unless II appears that such pro
portion Of the recovery does not excee
a reasonable compensation for the service
so performed by such attorney.
3. And in sucn a case it is the duty o
the court, even IL no defense is interpose
in behalf of such minor, on it's own mo
ton, to protect the interest of such mino
! by refusing TO permit recovery for NOR