Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-12-29
Important Decisions
rThe following noess oe eosss ass
from the West Publishine Company,

Tine following notes oe ooso0 0s0
from the West Publishing Company.
INSTRUMENTATION.
The New York highway law contains
the following provision: ANY person
operating 3 motor vehicle, who. know
ing that injury has been caused to q
person or property due to the culpa-
bility OF said operator or to accident.
leaves the place of said injury or acci-
dent without stopping and giving his
name. residence" ETC.. Shall be guilty
OF felony" One R0senheimer. being
indicted for violation Of this statute,
demurred on the ground that 1t was
unconstitutional. AZ in violation Of the
provision that no person shall be COM
PEELED in any criminal cases to be q
witness against himself. The demurrer
was sustained. and on appeal the de-
cision affirmed by the appellate d.
vision Of the New York supreme court
in People vs.. Roscnheimer, $50 New
York Supplement Reporter, b44. The
people then appealed to the court of
appeals, where the decision Of the
lower court was reversed. 102 North
eastern Reporter, $50. The court says:
The statute aoes &C: require the oper-
ator OF the motor vehicle to state the
circumstances Of thu occurrence tend
ing to show his responsibility. but
merely to stop and identify himself.
Undoubtedly it does require him to
make known a fact which will be a
link in the chain OF evidence to con-
vict him Of crime. II in fact he has
been guilty OF one. Whether the COM
pulsory furnishing Of such link Il a
constitutional violation may be Ques-
toned. The learned Judge who wrote
for the minority Of the appellate d.
vision has presented In his opinion .
very strong argument in support OF the
proposition that the statute 10 q valid
exercise OF the police power apart from
considerations OF the peculiar char
acter of q motor car. Since the de-
cision OF this case In the appellate d.
vision the question has been presented
to the supreme court Of Missouri. which
in very forceful opinion. adopted the
view entertained BY the Judges OF the
majority. Elk parte Kneedier. 2ls Mo.
632, 147 S. w. 9S3. 40 l. r. A. On. 50
622 In the opinion Of the learned
court Of Missouri reference - made to
statutory enactments at least partially
similar In principle to that before VI.
the validity OF which has never beeen
questioned. AZ to motor vehicles. laws
requiring the registry Of the names OF
their owners and chauffeurs and the
display OF the numbers Of the vehicles
in q conspicuous place thereon are
for the very purpose Of Identifying the
car.
INITIATING CATTLE WITH WATER
In ct. Louis, u. Z g. Ry. Co.. W.
West Bros. (Court OF civil appeals OF
Texas) 159 Southwestern Reporter. 1Az
West Bros. bring an action to recover
damages for alleged breach OF contract.
It appears that the initial carrier
entered into q verbal contract with
West Bros. to transport their cattle
from Uvalde, Tex. to the National
stock yards. Illinois. that 1t would
transport the cattle in such time that
they would be unloaded and fed once
in transit. and with such dispatch that
they would be delivered at point OF
destination in time to be sold on
Tuesday, June 6. 1911. One allegation
In the complaint was to the eject that
West Bros. at the time OF making the
contract informed the agent OF the car
rier of their desire to ship cattle on
one feed only. for the reason that
cattle shipped from Uvalde. Tex. TO
National stock yards. nlinois. and fed
only once en- orute, would take a heavy
I'LL and would weigh more than II feo
and vatered more than once en- route.
The court in part said: The only
com plaant seems to be that the cattle
were not transported fast enough to
avoid a second stop Tor feeding anu
watering. which second feeding and
watering prevented the cattle from
carrying to their destination thirst
that would cause thsm to initiate thsm-
se;vs. with wate. 80 a. to increase
their weight and conseq6ent value.
Whatever may have been the custom
az to flllinG the cattle with water just
tefore = sale, yit 10 fraud upon the
rights OF the buyers that can not be
tolerated as a basis for damages IN
court OF Justice. The railroad company
can not be condemned 70 pay damages
because II acted In such Q way.
whether designedly or not, % to pre-
vent a fraud upon the rights or 0thers'
and a failure to carry out . contract
to perpetrate such fraud wdll not be
allowed to make basis for damages.
GARNIsHlNG CONTINGENT FEE
Young attorneys working on . con-
tineent basis may be interested IN
.Modiin vs.. Smith (court Of appeals OF
EeorRia) - eoutheastefn Reporter. ss'
especially II thsfo aFe wolves prowIine
about the door and funds at hand are
reminiscent OF that dash line known
in ALGEBRA a. minus. Il appears from
the record that Smith. - mn attorney
representing . oGrs. Randolph N an
action against the ssaboard Air Line
railway for damages for personal IN
iur:es. under the terms Of his employ
ment was to receive. ~ fee for his
services, . pscportionatS part OF what
ever amount misht - recovered by hef,
Mrs. Randolph recovered Q verdict
against the railway for SS.o3S.S1 and
the judgment was affirmed. Soon
%h.,A %%.e Me- iNnAlln N adnnl0l9tf&.