The Bridgeport evening farmer., 1911-01-26
INTERESTING
 CASES WHICH
 COURTS DECIDE

The following interesting cases are | condensed from the full reports o1 | the West Publishing Company of St ! Paul, Minn.
 Two and Two-fifths Inches of Ground Is Material.
 The case of Inre Clement, 124 New York Supplement- 1039, is a proceed | ing to revoke a liquor license issued to Barbara Haas, because of a false statement made in obtaining it. There | IS a law providing that, before the issuance of such certificate, the ap- plicant must secure the consent in writing of at least two-thirds of the owners of the total number of build lngs occupied as dwellings the nearest entrances to which are within 200 feet measured in straight lines to the nearest entrance of the premises on which traffic in liquors is to be car- r1ed on. There were eleven build- ings within the distance of 200 feet from the place where the liquor traf- fic was conducted, one of which lack Aed only two and two-fifths inches of being 200 feet away, and was not in cluded in the applicants statement. The Supreme Court of New York holds that the omission was material, and that the license should be revok- ed. The Judge said: "In reaching the conclusion, I am not unmindful of the maxim, The law cares not for small things but a failure on the part of the court to grant this peti- tion and revoke the license would make the administration of the ex- else law ridiculous, as well as the violation of the same easy and safe. It would encourage still greater disrespect for the excise law, if that Is possible, and such disrespect would be aided and sanctioned by the court.
 h order to procure this r -rNf1o ion, c+% 11 gal grounds, and apparently none seemed open to the commissioner other than the question of distance. While, on its face, this application, by reason of the fact that but two and two-fifths inches is lnv 1ounda- presented to the court, might be deemed frivolous and officious, un- der all the facts and circumstances there seems to be no reason why the court should strain after sustaining this license, but every reason appears why the same should be reyoked'
 Action for Failure to Ship a Corpse.
 An extraordinary case is found re- ported in 130 Southwestern, 1885, en- titled Pacific Express Co. vs. Gath right. It is shown that appellee's S husband died in Fl Paso, Texas, on December [, 1907, at a hotel, and the
 
 to firm of undertakers by the hotel authorities. One of the undertakers had information that the wife of de- ceased resided in Fit. Worth and act ing thereon, he advised the express agent of appellant of the death and and asked him to hAve the agent at Fit. Worth arrange With the wife for the shipment of the corpse. The agent at Fit. Worth, upon receiving the message (which mentioned no undertakers' charges), telegraphed back, Forward corpse colIect) char gcs guaranteed The agent at Fl Paso, after receiving this reply, noti- fled the undertakers, who still held the body, that it was a guaranty of express charges only. The undertak- CTS thereupon refused to deliver the corpse or ship the same until their charges were satisfied or arranged for. Appellee did not know that the body was not shipped till the 9th of the month, when she went to Fl Pa so, paid the undertakers' charges,and buried her husband there. She then instituted this action 'against the ex- press company to recover damages for failing to promptly ship the body. Corn Whiskey and What It Won't Do.
 Plaintiff, a lumberman, telegraph ed for four gallons of whisky for his
 
 directed through the fault of the tel egraph agent, no whisky arrived, and the raft hands refused to work. A freshet was at its height, and because the raft hands refused to go into the river without the whisky no rafts were constructed and the benefit of the freshet was lost. Plaintiff recov- cred over $500 damages. The judg- ment was reversed. however, by the Supreme Court of North Carolina, in Newsome vs. Western Union Tele- graph O.. 69 Southeastern Reporter, 10. as the damages were too remote and uncertain. In the opinion of the court, it required quite stretch of the imagination to conceive that, had the four gallons of corn whisky ar rived, the raft would have been prop erly constructed, loaded, and safely conducted over heavy freshet, and then profitably marketed. Whisky" says the court, "is very potential at times, but it cannot be relied on to produce such beneficent results as is claimed for in the case. It is a sin gular fact that in the county where the four gallons of corn whisky were, expected to produce such unusual re- suits it's use was decried and it's sale