The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-15
NOVEL POINTS OF THE LAW.

''INlNs 'ilN 'obi t4tAISth N4lNt Nlf' 'I'-
PENDANT was an Interested party and that
"a witness who has no Interest whatever
In the outcome Of a lawsuit who IL on
tirely dislnterestcd. other things being
equal. Is entitled 10 very much NOR"
rrcdence than a witness who IS Interested
IN tne verdict This was held to be error
\ dislntercsted witness is not necessarily
entitled To- more credit Than ~ Interested
one. tie whole subject of interest ot VII,
hess and ~ effect upon his testimony Is
for the jury
The opinion makes the following COM
men, concerning the defence Of intoxica-
ton:
THE defence was ntoxicntion. and the
court charged that 1T Is only ia the event
that his intoxicated condition was such
that he could not. and did not, form an In
t"ntlon 10 all, and had not mind enough
90 think about x at all, and did not think
about Il. and did Il without knowing what
ne was doing, without an intention to kill!
ana without a plan and without delibera-
lion. that his Intoxicated condition is a de-
fence 70 the extent ~ relieving him of the
charge OF Intentional humicide--tha; IL.
murder In the fret degree and murder in
thc second degree. This was held to he.
error mat the statute permitted any, nOt
simply total. intuxica lion TO be considered
on the question oc intent. tina; II was for
the jury to determine the extent of the in
To prevent the necessary intent. delibera-
zion and reconciliation
Tho Supreme Court OF Missouri holds
IN Buel ~. United Railway Company. that
the parents Of Il child which dies shortly
after birth cannot Recover for Injuries In
Nicted before TINT event. The court finds
that in the absence of statute q prenatal
injury to II child IL not "A ground Of action.
Expert evidence by a typewriting ma
chine IA passed on by the Court OF Appeals
III People ~. SiorrS. in which the court
holds that upon the question of forgery
of typewriter viii the work on which
presents peculiar mechanical character
isticS work OF typewr!tine machine pos
Sessing the same characteristics is held to
be admissible In evidence to establish III.
Identity of the machines which produced
the will and examples OF work 40 intro.
duccd.
The general rule In that A party voluu-
tarily ana Willingly entering into u mutual
combat cannot justify a resulting humi.
Gu" unless n" does something. az. for
example. withdrawing from the combat
which would relieve him from his Original
wrong In entering IL the reason h..ing
that one cannot take human life upon "A
create.
So 1t Is held in Tx partc Colby. 6 Okla.
Grim. Rep. ~. l2i pHc. 63j. that whcr.
persons armed with deadly weapons voluu.
tarilN and willingly enter into a combat
knowing or having reason t. believe that
such "onf.r; will result In the infection
uf SERIOUS bodily injury or In the death
~ one or the other of said parties, and
one of said parties Is Killed In such con-
Met, the party doing the killing IL guilty
or murder, and is not entitled 70 bail
cas-" md Comment rnak.s :he following
report ~ a unique Canadian decision:
Although II was held rs the Appel
late Court In corb.y v Foster. 20 ont
J." Rep SO. l3 II. l.. II: GGi tina: thu.
evidence was insufficient 10 warrant "A
finding that the defendant had notice thai.
hi- son had on Il previous occasion kicked
III" infant plaintin. the court took coca.
sion To- hold that such knowledge would
NOT be sufficient To- render the fath.r
Liable Tor damages caused by a kick on
"a subsequent occasion. there being moth
ing to show any approval on tho part
or IN" father uf the sons line of corr
duo. o- shat any measures that h. rnIsh;
nave taken would have prevented tn.
sou from acting a. "" did. and that TN.
rhi" governing tn" liability OF the owner
OF dang -r"us animal does not applv
III l'i' Gas" OF parent ANA child.
Toys, says the court cannot ~,
placed IN 20 class Ike beasts and labelled
i"ra nature or mausu-ta nature ,must
parents probably consider their own chill
di"h MAJ su"tir nature and those of their
h"irhh"rs i"rH natur,rJ nor when Il father
- f"t.'l,t 81 an act of violence on the
part "i las sol, can H. hang him.-tne
IatriH p"teStds. under IN. ancient civ'l
itw gav" IN" father tn" power OF NE
ana death 1Ilf fh,. ,N,,s 10,
recognize such an extreme right Nor can
IN" father tie NJ his Sln--if he Is ord,-
haTiN 'pirpos m.ntis-h" must keep him
ana i, him go about. Thu rules abnut
'"S- nave never been applied 20 boys
ana We should not he thu first To- apply
them"
Rat!rsnakss .nresting country where
ROAD work il being done constitute ar,
industrial hazard and a workman hit
ten 10y Il suak" is entitled To- COMPENSATION
from the stat" industrial insurance fund
according e. ~" ruling contained In To-.
report of the state Industrial Insurance
Commission, made public recently. Tn.
commission granted q claim. FOR injury
benefit.
other peculiar rulings are recorded In
the report \ boy shot q workman in
IN" eye NTH an alrcun, The commission
accepted tho gun as Az Industrial hazard
ana IN" 'Ii' IN Tor I'm 'urN was paid 4
brutal boss docs not constitute u hazard
within ~" meaning uf thu llw a. inter.
rr"'"d 10y ia" commission. huw-ve!, and a
'uan VIA" was whipped T., his employer
was denied = coup,nSition A similar
ruling was made in the case of a work.
man who was sought on; by an enrfuy
uhd hi.'l, IN" commission refusing 10
gran; pension 20 those dependent ~,
tn workman.
Judge FUruau IN Price 80. stat. lsl
idr'ii' Reporter issueS the following
warming e. III" judiciary:
Judges are naturally In svr,na,h,. with
lawyers, and are always wiling r. dn
al thar they reasonably can I" please and
aNsiS; the 'csal profession. hl.t I, is
gross mis'ouc"pt!on. dishnuor.ug alike
u IN" bar and o. IN" bruch. to suppos.
that Judges should allow desire t. MAX.
business for the lawyers {, IN the .o,s.
influence their decisions They have
Tar higher duty than this. Courts ar.
established and supported 10y the p.opl.
Tor IN" sole and exclusive purpose %
enforcing justice. and il Is their dutv
7" So" that justice Is never divorced from
th' law, and that no class, occura;lou
or profession IS favored AZ tho eNpens.
or other classes, occupations and prnies.
stuns, and that Justice is thereby sacri-
Heed. The Judg" WHO does not recognize
and lv" ny 10 this heA idea. Is not only
disgrace 20 the position which ha occiI-
pies but u" - menace 20 the good order
OF society"