The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-12
NOVEL POINTS OF THE LAW.

passenger who becomes unable to care
or herself by reason of sickness, insanity
'r other cause. while under the control
II the carrier, Is laid down by the Court of
civil Appeals OF Texas, In st. Louis South
western Railway vs.. Adams. In which the
court holds that the carrier must exercise
he care OF a very cautious and prudent
person to protect the passenger from the
hangers incident to her surroundings and !
node OF travel. 1t was nevertheless held .
hat although passenger became i'll and |
mentally deranged en- route. to the knowl- |
edge OF the carriers servants In charge |
Of the train. as there was nothing to
Indicate specifically that she anticipated
jumping from the train while In notion |
as she subsequently did, resulting In the |
Injuries complained of. the carrier was
not guilty OF actionablc negligence In
omitting to establish a guard over the
passenger, or forcibly restrain her. A |
judgment In favor OF the plaintiff is re-
versed and final judgment rendered for
he defendant by the Appellate Court.
The Supreme Judicial Court of Massa-
holds that where a passenger
seated In moving train was injured by
some object crashing through the window
striking her on the arm, the rule res ipsa
loQuitur did not apply and case Of
negligence was not made out against the
railroad company 1t appeared that later
a baggage master found a stone under
the seats on the opposite side OF the car
from which the plaintiff sat. 1t was about
the size of hens egg and corresponded
with the hole In the window and was
clean. On the other hand the plaintiff
testified that train going In the opposite
direction passed her train and that two
days after the accident she noticed black
oil mark on the outside OF her coat where
she had been struck.
A son who was ~ years old when his
fathers will was executed is held by the
Court Of Appeals Of Kentucky 10 have
been incapable OF exercising undue lnfiu-
ence over his father In the making of the
latter's will. The court treats the propo-
sition as automatic and does not discuss 1t.
The Solicitors Journal aud WeekiU r.
porter of London has the following ac-
count Of an interesting case;
Mr.. Connolly. a defendant In the case
OF Keats vs.. Connolly and others which
was down for hearing before Justice
Darling and special Jury. applied on
Tuesday that the case might be heard by
another Judge. He said that he had heard
his lordships summing UP in recent
case and he would like this case TO be
tried by another Judge. Justice Darling
Nothing would give me greater pleasure.
AHc bpplICdHt ana me also, your lOru-
ship. II l may say so with respect Jus
tive Darling: Then We will try and oblige
one another. Mr.. Mccall. X. c., for the
plaintin, opposed the application. but his
lordship said that he would let the case
stand over to be tried by another Judge
The applicant must pay the costs thrown
away by the application being made at
the last minute
70.
novel English case before the Divisional
Court where the plaintiff sought To re-
cover damages for the death of a Pom
eranian dog belonging to her which was
killed by bull terrier belonging TO the
defendants daughter. The dog was tho
property OF the daughter who was Il
years OF age took out a license TO keep IT
IN ner own name. and paid for its keep
out OF money which she earned Hut the
DOG lived at the defendants house, and
IL was proved that II had previously bitten
another Pomeranlan. to the knowledge bot
or the defendant and his daughter The
County Court Judge before whom the ac-
ton was frst heard. taking into conSidera
tion the age OF the daughter. came TO the
conclusion that she had the custody and
control OF the dog. and that consequently
the iather. not being the owner. owed nc
nuty 10 Inc community in respect OF IL
The Divisional Court confirmed his iudy.
ment.
me attitude OF n casualty company to-
ward policyholder was criticised bv the
Court OF Appeals IN BRASIL VS.. MARYLAND
Casualty Company. In which case II au-
peared that the plaintiff was insured In the
sum or $1,000 by the defendant "araIusi
loss from common law or statutory Iabil.
NY Tor damages on account OF bodily In.
Juries' TO an employee. and he was sued
Tor such an injury. The employe. of.
Tered TO settle for $1,000. and the INSURE
so notified the company and urged the So,
tlem-nt. The company refused. on tn,
ground that the amount was excessive
and elected to defend the action, as IL ma,
the right 10 do under the policy. Tn. nc
ton resulted In a verdict in favor OF IN,
| employee FOR $4,000 The company ".
fused to appeal the case and notified IN,
| insured that 4 held itself ready to ma,
the $1,000 on his satisfying the judg
/ inent Thereupon the insured took chary,
/ or the case and app aled 1t. with the re
suit that the complaint was dismissed
He then brought this action against tn,
! company 10 recover his expenses in IN.
prosecution OF the appeal. II was helC
/ mat he could recover on the ground tina
! the company had failed In its obligation
outside OF any express terms Of the policy
10 deal fairly and in good faith with him
Judge Werner, who wrote the opinio,
IN the BRASIL case, said at the outset tina
, the action IL novel. and in explaining IN
courts conclusion that the insurance com
pany In liable Judge Werner said
in the Hight Of these conditions II a
Idle TO look to the letter OF the insurlnc
contract for the measure OF the defend
| ants liability, and the fact that there ar
no precedents for such an action az tht
is a very lmpresSiv" Indication OF the un
usual and inequltahle attitude of the de
PENDANT. Without attempting To furth"
characterize the defendants position, IL /
enough 10 say that IL would be II rrproar
TO the law II there were no remedy for y
obvious a wrong as was inflicted upo
this plaintiff. His rights as we hav
said, 70 deeper that tho mere surface o
tho contract written for him by the de
fsndantA Its stipulations imposed oblga
tions based upon those principles OF fat
dealing which enter into every contract.
A woman who takes . girl from an or
phan asylum and gives her home undo
circumstances calculated to raise reason
able expectation OF help and care fror
her during the declining years OF tho bene
factreas IL held In the New Jersey cas-
Of Thomas VS.. National Benefit ASocia
ton to have an insurable interest In he
life, although she 10 not formally ~
pointed her guardian
The question whether . new trial shoul
ha 1rantsd IN n criminal caAe becRus