Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-05-20
Important Decisions
the following notes OF caSss are
from the West Publishing Company.

AsltPOSS0NS DDSSosUssSii
tine following notes OF casss ars
from the West Publishing Company.
FENCING ROADS AT sTAMoNs.
In Missouri railroad company BE-
comes liable for double damases' II
injury to animals results from their
being run down because of tho COM
pany's failure to construct the proper
fences along the right of-way. In
Hay VIC. st. Louis & 8. f. r. Company.
LAP Southwestern Reporter. 4Ss, tho
railroad maintained a small switch ad-
1acent to depot in the little town Of
Sawyer, Mo. The traffic was light, yet
the switch was being continually used
for shipping lumber from 4 local saw
mill and for q few other products. No
fence was maintained along the right
of-way where the switch and station
were, so there was nothing to prevent
morse from straying onto tho tracks
and being struck by q passing train.
The double damages allowed by statute
were recovered in the lower court but
on appeal the cause was reversed, the
Missouri court of appeals saying that
it was the railroad company's duty to
leave the right Of way unfenced at that
place, so that those having occasion to
use the switch could do 30: the fact
that the demand for it's use was small
having nothing to do with the COM
pany's duty to leave the right Of way
open. II defendant was Liable at all, It
was for negligently striking the horse.
INFIRM WITNESS.
To the court of criminal appeals Of
rT1x,a
viction for stealing some ham and
bacon. The opinion, as reported in 1H
Southwestern Reporter, e64, under the
title Davis VS.. state, does not disclose
the motive for this appetiZing crime,
but 1t may reasonably be inferred that
the high cost Of living was one rea-
son. However that may be, Davis
defense was alibi. He intended to
prove by his wife that he was at home
on the night of the alleged crime. but.
AS it happened, the stork just then in
terfered and brought to his household
another mouth to feed-ham and bacon
so his wife, being confined. was un-
able to attend court. Davis moved for
a continuance, which was denied him.
On appeal the state contends that sur
ficient diligence was not used for the
sought the idea being that the wife
was within the statutory terms OF an
''infirm witness" from whom a depo-
sition could be taken. In regard to this
the court SAYS: The statute has nc
reference to a woman who has been
confined in child birth. 1t meant what
the statute said--an infirm witness.
We do not purpose to go into dis
rfx ha intirn1 witness
but do propose to say that the simple
fact that woman had given birth to
a child would not render her infirm.
The mere fact that under the laws OF
nature she would be some weeks in re-
covering the ordinary vigor and
strength OF womanhood would not
place her within the category Of an in
firm person In fact, we would rather,
II expressing any conclusions in the
matter one way Or the ether SAY that
it Is pretty clear evidence that wom-
an, under those circumstances. would
be excluded from. any definition OF IN
f1rmitp. / woud rather exclude the
idea that woman was infrm. We DO
not believe that the women who are
young enough and vigorous enough to
bear children ought to be considered
inflrm in Clay county, and are salts
fled that they would not be considered
80 elsewhere" The conviction is re-
versed.
WHEN WOOD MEETS WOOD.
One Ferron had one natural leg and
one wooden leg. Mary King had
cigar store in front OF which was a
sidewalk, which was also wooden. Fer
ron was regular customer at Mary
Kings store. and as he was leaving the
place one day he received an in
jury which gave rise to the case
OF Ferron VS.. King, So. Northeast
enr Reporter. 50. This particular
sidewalk probably had its own
grievances against Ferron's wooden
Lex, or probably 1t had become con-
siderably worn thru frequent contact
however, once as FerrOn was walking
thereon, and at moment when wood
met wood the walk gave way. the
wooden leg went thru, In most rude
and unsightly manner; down 1t went
in a slanting direction towards the
cellar, and under the building, and Fer
ron was hurt. The opinion doesn't dis
close how, 80 we are left to conjecture
Is to whether he broke the real leg or
the wooden leg. He seeks damages
| from Mary King. The supreme Judicial
| court of Massachusetts holds the de-
PENDANT was negligent in not remedy
| ing the detective walk. and verdict
/! for plaintiff Is sustained.
INDIANS AND FIREWATER
| The United States government early
recognized tho necessity Of taking q
firm stand against the importation OF
intoxicants to the Indians. It assumed