Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-02-27
Important Decisions
Tho following notes OF cases are
from the West Publishing Company.
ST. Paul. Mimi
DEATH OF SERVANT.

| part OF u master Tor death OF q servant
is disclosed In the statement Of facts
in Jackson VS.. Chicago. r. 1. & r. Rail-
way Company. 17S Federal Reporter.
43:. Plaintiffs inteslate was employed
as section hand by the defendant
company. The foreman under whom
! he worked frequently carried q; gun
! with him on the hand car for the pur-
| pose OF hunting. The weapon was not
/ used III the prosecution of any work
whatever on the part of defendant, but
solely for the convenience and pleasure
/ of the foreman himself one evening
as the section crew was putting away
the hand car the gun which had been
left on 1t was accidentally discharged
and instantly killed plaintiffs interstate.
Action was thereupon instituted against
the defendant company on the ground
that il was liable for the acts of the
| foreman. Judgment went for defend
+. ant and was sustained by the circuit
court of appeals on the ground that the
accident was one for which defendant
| vas In no way responsible. and that.
as 1t mad been the custom of the fore
man to frequently carry the gun, de-
(. cedeat assumed all risks of injury.
/ LIABILITIES OF STOCKHOLDERS.
/ Ate an Ohio Railroad Company had
/, become insolvent a scheme of reor-
| Ea9ization was evolved by which a new
1 company was to assume ard pay the
/ debts Of the old, comnony. whatever
| they might be. out of the proceeds of
bonds TO be subsequently, issued. These
! bonds contained /, provision, that in
consideration of the holders being
given lien on the companE's property.
I. they waived all rights and claims
against the stockholders. The sale of
he bonds did not, however. net g suf-
ficient amount to liGuidate all the old
debts. An action was instituted against
one OF the old stockholders who had
deposited his stock and accepted re-
organization certificate therefor. The
United States circuit court held that.
so far as the old debt was not provided
for. defendant was still liable for the
statutory double liability. 1t was also
held that federal Jurisdiction was sus-
tainable on the ground OF diversity OF
citizenship OF the defendant stockhold-
| er and the complainant. who was the
receiver appointed in q creditors suit
With authority in other jurisdictions.
/ The case is reported in Isl Federal Re-
| porter. 206. under the title Irving VS..
| Bankard ~
! BEAUTY AS ELEMENT OF VALUE.
| The circuit court for the district of
! Colorado recently handed down an
! opinion in the case Of Cascade Town
Company vs.. Empire Water & Power
Company, 1S1 Federal Reporter. 1911.
which has caused good deal Of COM
ment. Complainant had spent large
sums of money in constructing roads
and trails up Cascade canon and on
into the mountains. in providing stop
ping places for tourists during the
summer seasons, and in water works
I to supply its cottages and hotels. The
| place is visited annually by twelve or
: fifteen thousand people. who naturally
leave some of their money with COM
/; plaiEant. The beauty of the place is
! exceptional and rare. Flowers grow in
| abundance. and there is also a luxuri-
ant growth of trees and shrubbery
/, This vegetation is produced by the
f! flow Of Cascade creek and mist and
spray from its falls. Defendant. in
| corporated for the purpose Of general
| ing electricity by water power and
! disposing Of the same as commOd-
/ ity, prepared to establish reservoir
above the head OF the canon and i'm
! pound the water so as to convey it by
means Of pipes. inn such a way as
might suit is conveniences. The eff
feet would be to materially impair the
beauty of the place and doubtless take
away the revenue which compliments
had been deriving from tourists. Judge
/ Lewis held that compliments. showed
beneficial use" Of the water, as that
term is used in the Colorado consti-
tuition. and granted an injunction
against defendants
| TOO MUCH SMOKE.
| The bill in Ladew vs. Tennessee
Copper Company. 179 Federal Report
er, 245, alleged that compliments were
| joint owners Of certain tracts OF for
| est lands in Georgia. and that defend
ants. woh were engaged in mining and
manufacturing sulphur and copper
| ores near by. had erected furnaces.
| shelters, and ovens in such proximity
to plaintiffs property as to cause In
! ;.-y thereto ~ the smoke and fumes
from their operation. Jurisdiction was
sustained by the federal circuit court
! in view OF the fact that the suit was
| instituted by a citizen OF one state
against a citizen OF another state and
an alien as defendants. nothwithstand-
Ing the principal questions involved in
| the merits were not OF character that
otherwise would have carried the case
! to that tribunal. One Of the questions
| discussed was whether the fact that
defendants were separate and inde-
! pendent concerns, each conducting his
| own affairs, prevented the bringing Of
| q joint action against them. The court
| held that it did not. and that all per-
sons maintaining structures or carry
| ing on operations whose effect mingles
and contributes to tho injury to an
others property may be properly
Joined as defendants altho each tran
sacts his own separate and fndepend-
| ent business.
THE CLOSED SHOP.
| More and more the federal courts
seem to be occupied with actions to
restrain the acts Of trade unions to
compel the adoption of the union or
closed shop by manufacturers and con-
tractors. A suit Of this character, in
voiving c"rnpiiva,ru Questlons, il fe-
ported under the 1.-THE Irving W. Joint
District Council United Brotherhood
iOf Carpenters e. al. $50 Federal RI.
lrorter. sos. Plaintiffs are copartaess,
engaged in the manu1acGuee AZ one In.
terror woodwork, which they erect In
] place anywhere turnout the United