The Bridgeport evening farmer., 1912-05-24
CASES OF INTEREST


 negro, and complainant white wom- an. Both attended the same church but were not acquainted. On one oc- casion defendant asked complainant to allow him to escort her home, to which she replied: No, I have an commenced writing letters to her, avowing love and suggesting mar- riage. To these he received no ans- wer Becoming more infatuated, he finally wrote to complainant's father, stating that complainant was under her consent was inferable from her si- lence, that she could not lawfully marry another, and that, in such event. he could sue her for breach of prom ise- Because of these repeated an- noyances. complainant had defendant arrested. and although the penal stat ute covers this particular nature of offense by making it a misdemeanor for a person to knowingly send let ter with intent to cause annoyance she charged him merely with disor> derly conduct tending to a breach of thefpeace In the course of the trial the 5 Magistrate received certain evl- deh4eSto the pointSthat defendant was son, and this was objected to as vio, -lating the negro's constitutional rights. The New York Court of Gen eral Sessions holds that the magis-
  making reference to and taking cog. nizAnce of the negro's race, was not discriminating against him, and since his conduct was such as tended to a breach of the peace, the conviction or the offense of disorderly conduct IS. affirmed.
 AUTHORITY OF STORAGE COM PANY TO CONTRACT FOR LIMI- PATTON OF .Rl7L CARRIERS ,L1-Ad LlAB1L,| storage company to pack and ship. certain household goods to him with out any limitation of their authority as to how the goods were to be ship the Supreme Court of Wyoming in Oregon Short Line Ky. Co. vs. Blythe, 11s Pacific Reporter. 649, holds that the storage company was authorized as plaintiff's agent to sign contract releasing the carrier from it's common law liability and for a loss of the goods in the absence of negligence by the carrier. in consideration of re-, duced freight rate.
 sALEoF coLoRED cANDY-In or- der to provide appropriate protection against deleterious coloring of candy, the Legislature of Minnesota passed ai statute CR- L. 1905, Sec. 1T6O provid- ing that mo person shall manufac- ture or sell adulterated confection- ery. and confectionery shall be deem ed adulterated if 1t contain terra alba. barytes, tale. coal-tar dyes, or other poisonous or injurious favoring mat ter, or any substance injurious tol health. and made its violation crime. Defendant, a travelling salesman of al manufacturer of candy, a foreign cor poration. under the laws of New York, solicited an order from a.resident of taining coal-tar dyes and sent it tol his New York house. He then had nothing more to do with the transact ton. The order was made subject to it's acceptance in New York, which was done and the goods duly deliv- Supreme Cour tof Minnesota held that the statute was inapplicable. as the sale was not made in Minnesota, but was made in New York, where the order was accepted. State vs. Gruber, 133 Northwestern Reporter, 571. A DENTIST IS NOT A SURGEON. In the common acceptation of the word, says the Supreme Court of New York York Supplement, 657. In this case a dentist was suing for services rem dered. and the question arose as to whether the communications between the dentist and his patron were priv ileged, preventing him from giving certain testimony, under section 8S4 of the Code of Civil Procedure of New York providing that "a person duly authorized to practice physic or sur- gery. or a professional or registered nurse. shall not be allowed to dis close any information which he ac- quired in attending patient, in professional capacity, and which was necessary to enable him to act in that capacity The court said: be included within the description re- latings 10 those who practice surgery, but as the term surgery is employ ed in the statute. it does not include one engaged in the practice of den- tistry = In early days in Eng land the province of the dentist was not recognized except as it fell with in the scope of the functions of the barber surgeon whose multitudinous duties often included those not only of the barber and surgeon, but the physician and dentist as we'll Within quite recent times it was customary for barbers and blacksmiths to extract teeth. Formerly the work of filling and plating teeth. was frequently per- formed by the jeweler. But process of integEation and differentiation has taken place. and the seperate and dis tinct profession of dentistry has cOme into existence"
 WINNER BECOMES LOSER-NOw A WINNER.-The Daily News, a newspaper of Minneapolis, Minn., in- SfltuteO a contest, OHoTlnG to give all automobile costing $1,25O to the con- testant having on a certain date the largest number of votes. based upon paid subscriptions The rules gov erning the contest provided that ten votes would be allowed for every cent paid in. Plaintiff became a contest ant, and received subscriptions ag- eregating $793.10 which entitled him to 7e3, 100 votes. and to this number was added other votes which he re- ceived through prizes and special of fers which gave him a total of, l. e43. .s6O votes. One Lund, another con- testant. received 7s390 votes. When the contest was closed. the newspa- per company declared Lund the vic- tor, and gave him the automobile. Plaintiff thereupon brought an ac- tion- to recover $1. .25O the value of the automobile, claiming a breach of con- tract Defendant gives as a reason for its act plaintiffs failure to deliv- CT at ias office before the close of the contest certain vote coupons. In- stead of publishing the actual amount to the credit of each contestant, in some cases only a part was publish ed, and a vote coupon for the balance was sent to the contestant. Three vote coupons were sent to plaintiff, and these were not received at defen- 6ants office until after the close Of the contest. Defendant considered that if these vote coupons were not