The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917, 1912-03-14
LEGAL CASES OF INTEREST

properly .scriminate between the rel
ative force and functions of the OBJ
jects Of his environments is exempted
from the rule of contributory negli-
gence. These principles are applied in
Seattle Electric company VS.. Howden,
100 Federal Reporter, z, in personal
injury action where a plaintiff, wo-
man of mature age, was struck by a
street car running at a speed exceed
ing that which was allowed by law. It
appeared that plaintiff saw the car
coming but did not appreciate her dan
ger, as she cid not realize the excess
sive speed at which it was running.
The evidence showed that she lacked
the intelligence and capacity to care
for herself which is possessed by the
AVERAGE adult person of ordinary I'M
Outstanding and intelligence. Her con-
pleaded. The court held, following
Baltimore &, Potomac r. Co. VS.. Cum
berland, 176 U. S. 232, 20 Sup. ct. $50,
A L. r. A. All. that plaintiff could not
be held to the full degree of care re-
CURED of one having normal use Of
his faculties, and affirmed verdict in
plaintiffs favor
Injunction Against Liquor Nuisan CO.
Suit was brought to enjOin defendant
from selling intoxicants within the
town of Leavenworth. Kan. The Kan
sas Code provides that an injunct on
may be granted in the name of the
state to- enjoin and suppress the keep
ing and maintaining of a common
nuisance. Code Civ Proc. Section 65;
Gen. st. 1909, Section $685. Another
statute also provides that all "places"
where intoxicating liquors are sold are
common nuisances. Gen. ST. 1890, Sec
Can defendant be enjoined under Il csc
statutes? The facts are as follows:
Defendant maintained warehouse
just across the border line on the state
of Missouri, whence liquors were car
rted in wagons into the town Of Leav-
had given their orders. Though it
was suggested III the case that in
junction would not lie for the reason
that int ersta commerce would be in
terfered with, the contention was held
unsound, as the sales were conSum-
mated within the city. It also was
held no defense that the sale of in
statute, the Supreme Court of Kansas
saking that: "Whle courts of equi. y
cannot be used to punish crime or en-
force the criminal laws, still, if the
acts done and threatened to be done
are such as to bring them within the
jurisdiction and power Of court of
equity, it's arm is not shortened by
he fact that the same acts may be
dero urced as crime Defendant
again made the objection that the COM
la;nt, charging that the liquor was
delivered in wagons and sold wherever
it was ordered over the city, did not
suHi GENTLY al!ege a place of sale to
bring 1t within the statute, but the
court held that 1t was sufficient to al
lege the manner and form in was
which the business. was conducted, al
lowing a blanket injunction covering
the city as the place" State VS..
Roh'nowitz, lis Pacific Reporter, 1O40,
IS Kan SAL.
Websters Dictionary. Suit. In the
case of c. & c. Merriam Company VS..
Saalheld, 100 Federal Reporter, 927, the
United States Circuit Court of Appeals
holds that Saalfield, in publishing and
selling a parallel series of dictionaries
purporting to be Websters dictionar-
les, and by constantly making use of
the name Webster to promote his
trade, and in doing so not unmistak-
ably indicating that his publication
were not the well-known Webster die
tionaries published by complaint, did
not observe the limita tions placed upon
him in a former suit in which the court
ordered that no person other than COM
plainant could use the words web
sters Dictionary ''Webster's Imper-
| iaI Dictionary" or ''Webster's Uni
versal Dictionary Or any equivalent
thereto, upon the title page or upon
| the back or cover of dictionaries, or in
any advertisement referring to die
| tionaries, unless accompanied by the
following statement plainly printed up