The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-20
NOVEL POINTS OF THE LAW.

The courts, writes EubeY' r.. Iieinsel-
asked TO pass upon many strange ana
mysterious beliefs a. Affecting trstainen.
tary capacity for ,nstsnte. belief in De-
Rrcrs of HAPPINESS ~ q future state Of
existence. depending upon the amount OF
property possessed here ana the charitable
purposes to which IL If devoted: belief IN
tho doctrine OF metempsN Ghosts, or IN"
passing q. the souls Of men after death
into animals belief that a departed pen
son to whose picture the testator talked
held the keys of the kinsdom' and cuuld
hear and understand what was said to
MIN. and belief on the part OF an English
man who had embraced the " rdu and
MohJinfnedbn faiths that he and God we're
one. that he was rnXt to God and was
second prOphet--all of these ana many
more. as to some OF which the words or
PoIonias to Hov.l,i are true. that though
his be madness, yet there ~ method Int,
have solemnly been adjudged 10y the SEE
ular tribunals pf Justice "a not such
decisions "a necessarily 20 render their
possessois iucOmnc;ent TO make y Will
In granting decree OF anuumeut IN
the case NJ Sobol ~. Sobol Supreme court
Justice blanchard IN New YORK county
rules that where the wife l"ft her hus-
band Immediately OF discovering that he
was afflicted with tuberculosis e.; would
seem TO he court that NJ status IN the
sens" Of g subAiS.iug marriage vaS estab-
lished, btj that II anything the relation
snip was l!tilr more than y simple con-
tiac; am for this iea son vuida Die for
material m,srepi.scutationa. T. would
seem Ia me y gross rervsrsiou or justice
I" refuSe to releas" a party fIorn y mltri-
nlonlil cOatrdCt whereby no important
status affecting ~" relationship ~ he
parties To The general public OF 80 each
other has hsen established IA tho face Of
a situation which ~ he.wc.u the parties
ana the probable normal result Of thoi,
continuing union h. attended wi;h an e.e.
Ment Of su g'aN, pot ntlli results. :
Tho decision follows ruling Of the Su.
pfemc Cou,; of Washington in Grover vs.
Zook. whore !, was held that a man was
not liable for breach Of promise ~
matring" II the woman had tuberculosis :.
although he knew she had the disease
when h' became engaged to her
late de- .;on holding NE head of y
family liable Tor negligent use OF the
family automobile ~ ore OF the members
Is kaNstr IS Van Nest. before The Sn.
pf-me count or Minnesota. wh-i, the
, court said
Defendants daughter while opei.,t.
tvE Tho car by la" authority and upon his
business. Nhs defendants servant within
The meaning of the rue. and he wa r..
sporsihle for her ar;s - the sam. ex.
tent TIA; u. would hiys been r"spors i'll,
for the acts OF any othe- serInut. Ne.
PENDANT might properly make Il an ole
4 mr;-i Of his business 20 provide Measure
I for his family. and ~ The car was in.
t'udri for the Use OF tie members OF N,
/ f'mi,N for purposes ut plea sure as vel
/ ns fOr other purposes. and tile daughter
F had authority 70 take { and operate 4
for such purposes. y vlS At least n uiieS
J tion Tor 'he jury whether. AZ the time o
the accident. she was not the servant ~
d.fendan, and engaged uron II" business
/ OF defendant"
Liability under = policy OF lorna Ia IN
surancs was passed or BY the Court Of AZ
peals Of kentucky in National Fire Insu'
auCe Company Va Crut,hiield. IN winch (!
appeared that a river overlooked and sur
rounded certain bindings covered hv poll
c.-s insuring against al direct loss or dam
age Icy torpedo. wind storm or cyclone. bu
which provided that the coInpa ny shoul,
: not he liable for loss or damage occasion-,
by high water or overflow. The vat.
VAS from tvo 10 -four feet deep in ear
OF the build ngs and vas Using sluwl
when q high wind arose which produce
r"ary waves that were driven against IN
buildings. loosening the foundations an
when the wind became more violent an
the waves higher tire buildings ", re lif;e
from then founiat ons and thrown owe
II appeared that neither the ursrfNn no
, the wind storm would have caused u
damage a'ore bad not the other caus
concurred with . II vas held that ,,ler
could he 10 recovery on the pclirv. 80 ~
damage was 70, directly caused bv ~
. Wind storm. since II :he water had -,
surrounded tho buildings :, could 70
, have been blown against item and ~.
the food was therefore a. least Ind
rectlv, II not directlr. the cause o. II
= damage
/, The supreme Colr. o, Oklahoma hold
In Perr.ne - Hau-lcek that II one p.ese-
a; a quarrel encourages a.. assault he
held equally liable with the person w
= does the beating 20: -" consequences
i, the act.
|, The oklahoma court holds .g Ch
. Il / and y. RAILWAY Company " Eyar
that q person VITO ,rtsrs pass.Ug'
tialt. A. e station without ticke.
= money - pay ia. O.: :sr pu,poS.
collecting Al account from q pdSsrrg'
r on such tran. and remains on ne t;d
!, after u leaves such stat o., : no. 4 pa
!, s-uger and the company. through its Sc
y wants and o'Hplovcrs. NAV cjo : him fro
a IN. train a. T., proper place fnr tt,iuy"
produce ticket or to Uit faro az Z
account o; bo,sterolS CO. du,t. and q
1, company is not labl" :or injury result
= 70 sroh passsrger when on'V such fo,
/. = used az Is reasonably necessary TO ejc
him under tine Circumstances
;. The London Lac JoWrn! makes II
i following comment on an unusual
4 vson
? Last Monday the Court OF GRIMM
- Appeal. ~, The second time in in h
y 'o;y. set aside. IN R-N y. GIlb-'t 4 So
,ence OF death for murder and substitute
a special verdict, guilty but iuStn
: under the trial % lurStics act, ISIS
y Gilberts defence a. the trial was !
II sanity. and on this point The appelt
court has overiiddeu III" julN, a. IL
e entitled 90 DO under the act. Il mu
alvaAs be- matter Of sol PRISE wHru.
IA, same evidence ~ that before {
,, jury. and that only on ptpc~. The cou
If, above comes 20 different corrlns,
n from tl~rs on such \ point as pr.>o
~ cIs sanity II was common ground tn
r. the prisoner vas under tha drluslpn ~
&c hutn or III" two men whom Ne kl'
II had grudge agalus: him aud wr
a from time to tim" seeking his life u
. that the tiial Judge had carefully point
out to the jury tina; 4 his drlusion "