Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-15

Loucks' Estate, III Pacific Reporter.
679. pfesentB this issue, and the Ques-
ton Is close one. Loucks, his wife
and their infant daughter were killed
in collision between a train and the
automobile in which they were riding.
Mrs. Louchs died instantaneously. The
controversy then is upon the question
whether or not Loucks survived his
daughter. The evidence showed that
after striking the automobile the train
proceeded but a short distance, and
then backed to the scene Of the acci-
dent. The baby, who showed signs OF
life, was picked up and placed in q
carriage, and taken to q nearby town
in lieu Of waiting for the train Loucks,
who was alive, was placed on the train
and taken to the same town. The
train and the buggy reached their des-
tination about the same time. and 1t
was then learned that both father and
child had expired. Which survived the
other. is the all-important question.
The last sign of life in Loucks was
testified to by the baggageman. who
noticed a muscular relaxation just be-
fore the body was placed on the train.
No one saw any movement or indica-
ton of life thereafter. The man who
brought the baby to town testified that
she was alive when he started. and
that she was breathing when he ar
rived at a point one block from his
destination. On this evidence, the SUI
nreme court of California holds that
since both train and buggy reached
the town together Loucks expired nrsI
because he last showed signs OF NE
before the train started for the town.
while the child was alive atte1 tne
buggy was in the town.
IMITATION OF TELEGRAM.
Defendant, a manufacturer OIL
vertising specialties, put out an en'ei-
one similar to those used by Complain
ant telegraph company for telesr ans
intending that the envelopes shoulo DC
used for advertising purposes, the wore
Telegram printed thereon, oeiiis
used to attract attention and 10 cis-
tinRuish the envelopes. which were "
be sent thru the mail, from orolnaes
mail matter. Complainant sued 10 re-
strain such use. alleging that the en-
yelopes were used to deceive the pun
lie and cause them to believe that theN
were the envelops OF the complain
and that they contained messages trans
mitted over complainant wires anu
delivered by complainant: that defenh-
ants envelopes had been generally mis- J.
taken by the public. by the poseai au-
thorities, and especially by complain
ants patrons, for the envelopes O. we
complainant, and had induced the puo-
lie and compliments patrons 10 give
to the envelopes that prompt and I'm :
mediate attention which was usaii!
xiyen to Geographic messages: ana
thar the same would cause annoyance
TO complainant's patrons and an INJURY
10 complainants business. The Cnitca
States circuit court, in Postai ieie-
o,rans-Csble Company VS.. Livermore q
knight Company. 1Ss Federal Reporter
ses- holds that since the deception, II
the use Of such envelopes were decep-
tive at all, was merely momentary and
not deceittuI. complainant's claim OF
injury was derived entirely from in
ferences based on another inference
and tina. the facts were insufficient to
establish actionable injury.
wANTED-A BIRD DOG.
Cooper. a hotel keeper, wrote to one
1,eitner Of Egypt. Ga. the following
letter: II understand you have a good
bird dog for sale have been sick
several months. and my physician says
I must get in the woods and stay there
30 / though would hunt while, as
am an old bird hunter and like the
sport. Send him to me by baggage
master 10 Central Of Georgia at m.
expense. Let me try him day or two
and II he is all right. will return him
to you in good order We have more
scrans to throw away around the hote
than 20 dogs can eat" A dog was
expressed over the Brinson Railroad
Leitner did not Think il was safe tc
trust the baggage-master of the Cen
trail. AS Cooper was in North Georgia
at the time of the dogs arrival. his
wife recelpted for the shipment, and
to quote literally from Cooper's testi-
mony, "she tied him up at the hote
and he howled so much that she tool
him out for a walk for some exercise
and he got away" The dog was never