Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-07-05

A.
II tar on intsrstats gcos lnesee. go -!
therefore void. TN ccaet h4lAg the sec
ltion vaiid on the Grouaas that the sax
- nscssSary to defray. the sxDenses OF
actual inspection. But that part q
the statute which requires every brand
Of concentrated feedinG-stun soio oF
offered for sale within the state 20 Oo
registered in the office OF the director
| of the experiment station OF tho SAY
Agricultural College. and provides tnat
such director shall register Drand
where 1t 10 shown by q statement OF
the ingredients presented that none q
them Is unwholesome. deleterious, or
fraudulent, and on payment Of an an
nual registration fee of not less than
SO, is held not an inspection law. and.
as applied to products made In another
state and shipped to dealers in Kansas
for sale, unconstitutional and void. a.
imposing tax on interstate commerce..
IMPUTED NEGLIGENCE.
A rather severe application of the
doctrine Of imputed negligence Is found
in the case Of Pastore We. Livingston,
decided by the city court Of New York.
and reported in 131 New York supple
ment, 971. The action was brought TO
recover for injuries to an infant plain
tiff. about years Of age. 1t seems
| that the little fellow resided with his
parents in rooms above his fathers
store, and one evening while there with
his grandmother announced his inten-
ton Of going across the street to buy
a pennys worth Of candy. sThe grand
mother told him to 80 downstairs to
his fathers store to his mother, and
she would go across the street with
him. He disregarded these instruc-
lions. went across, and made his pur-
chase by himself. and, on his return
home, was Injured by passing We
! hicle. There was direct evidence to the
effect that the only wagon on the
! street at that time was one belonging
to the National Express Company. that
1t was on the wrong side of the street.
and being driven at a rapid rate There
was also some testimony to the effect
that the street was usually crowded
| with vehicles at that time Of the eve
ming, but the decision of the court rests
specifically on the theory of contribu-
tory and imputed negligence. and Of
the care required Of drivers of vehicles
The accident occurred about 8 or $3.50
o'clock in the evening on the 10th Of
at that time except for whatever arti-
ficial light there might be in the street.
and the court holds that it was con-
tributory negligence on the part of the
parents to allow the child to go unat
tended into the street at such a time
and place and imputes this negligence
to the child. while apparently excusins
tbs driver OF the wagon on the theory
that. as 1t was dark he had a right to
assume that no child would be in his
way The court says: 1.-The infant was
where 1t should not have been at that
hour Of the night unattended by per-
sons of age and discretion. II the ac-
cident had occurred at street cross
ing or in the daytime when children
congregate in the street, the verdict Of
the Jury could not be disturbed, as 1t
then would have been negligence Of the
driver; but as the accident occurred in
the night time. when the driver was
not bound to anticipate that such little
tots you'd be upon the highway, he
was Aot bound to act upon the assump-
ton that they were there. In the
case Of little children. their parents are
their natural protectors and they must
to an extent, keep them out of harms
way or take the chance Of injury. Un-
fortunately the circumstances compel
most parents to take these risks. When
q. child IL too young to appreciate and
rsotect itself from attending dangers
| which beset 1t in thickly populated
Streets and thoroughfares which are
arteries Of traffic frequented at night
by numerous vehicles. the parent must
have some discreet attendant in charge
or trust to good fortune rather than
the law for the child's safety. This
may be hard, but 1t Is. nevertheless. the
law as established in this state.
It is the duty Of the driver of an ex-
press wagon. when he 10 on the wrong
side of the street and close to the curb.
to be observant not only Of what il d.
rectly in front of him. but Of pedes-
TRANS travelling on the sidewalk who
may step in the street and in front
of the wagon = - But it can not be
expected that the driver Of defendants
express wagon could anticipate that
the infant would be allowed to fire.
uuent the street at that hour Of the
night unaccompanied by a person OF
age and discretion who would have the
infant in charge, 80 as to avoid dan
ger" We believe 1t to be fact well
known to nearly every resident OF
large city, tho perhaps not Judiciaily
known to courts. that wagons belong
| ing to the large express companies are
continually being driven thru the
streets, with scarcely any regard to the
lives and limbs Of pedestrians, and 1t
certainly seems little strange that the
fact Of 1t being just after dark IN the
early evening should be given as an ex-
cuse for lack Of care on the part OF
drivers while strictly applied to little
tots who have disobeyed instructions
Of those in charge. which, II followed,
would have removed entirely the ques-
ton of contributory and imputed nesli-
gence
Delicate Scales.
In the personal laboratory Of Sir
William Ramsay, at University col:
! n ~ az