The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-08
NOVEL POINTS OF THE LAW.

The supreme Court of Michigan In
bnugherty vs.. Thomas holds that the
owner of an automobile cannot under the
du" process aud equal protection clauses
or the Constitution he made liable for In
Jury Il" strangers through It's use by per-
sons who have taken II without his knowl-
edge or pcrmis SION, although their acts do
not constitute larceny.
This appcars 10 have been the first case
Sluaroly passing upon the constitutional
ity az n statute which undertakes to rem
der the owner of AN automobile absolutely
liable for Injuries caused thereby ire
spectivc of negligence on his own part or
on the part OF any one for whose conduct
he is responsible.
The syllabus Of the opinion Of the court
in Adams W. state, 146 Southwestern Re
porter says:
"Whcr" a liquor dealer. who gave q
bond conditioned upon his keeping an
open. quiet and orderly house or place
Tor the sal" Of liquor. maintained n small
enclosure behind his place Of business
used for storing empty bottles and full
customers. disturbances of the peace COM
mittcd in the enclosure. were n breach OF
the condition 81 the bond" An enIpty
bottle AMI "a fun customer are cartalnlt n
c"inbina'io; not calculated to discourage
disur1.rly conduct
y correspondent Of the Docket com
meA;iEg on ~ recent statute of the state
Of Washington, sends tn. following pro-
Visions of the law with subjo.ncd COM
ruent.
III shall 10 unlawful In this state for
sheep 90 enter any land or lands. inclosod
or unincioScd. beionging Ia or In posses-
sion or any person other than the owner
or sueh sleep unless hy IN. consent Of
tho owner Of said lard other than the
public lands Of the United states"
'Iho law goes on TO make q II in'sde-
niednor for the owner OF sheep or aher-
herd thereof 20 herd or drive his flock
upon Tho lands If another for th..
purpose o' rastur" against the COM
sent Of the owner OF such lands,
hut does NOT ponalze the sheep for
their unlawful at. or even require the
law 80 lee r"ld tn the ahccp. which goes
4" show thdt Wc have In the opinion OF
orr legislators an unusually Intelligent.
W 70 date and law abiding variety o..
sheep ~ this stat" OF unparalleled re
sources tho presumption being that our
sheep Keep posted on the law and will IN
future ask the consent W tho owner Of
lands upon which they wish to grace be.
Tor" going thereon, unless 'har,led' or
driven by their shepherd, In which case
the law makes the shepherd and not the
Shctp y, tn" offender
The first case TO pass upon the RICH.
OF master 20 w~hhold the wages %
servant who has failed TO punch :. t,,,,.
clock or Otherwise 10 record his tln,e
seems 10 be Matthews 80. Industrial Ium-
be- company. A. T., r. 4 ~. 81 GA
which holds that the pav Of an employee
cannot be withheld for his refusal 70
obey rul" Of the employer requiring him
TgHfGfhr T.. 40
he has not assented 20 such rule.
Tho owner Of lucky tickle: IN "A series
by which merchant IL TO give n prize
as stimulation 20 trade who loses Il
10 held In the South Carolina case ~
Rountrcc -. lnsle. A. l. r A. IN. s.
40, 20 have no right 70 recover auairs.
the finder. 10 whom the prize Is awarded
upon presentation OF the ticket. since the
scheme being Il lottery no right OF action
can grow out OF r.
A novel question was before the court IN
the Iowa case OF Krame VS. Ricksmeier
40 l.. Il, a. On. 50 92S. which holds tina.
no action lies FOR causing the relapse OF
q convalescent woman by calling her over
the telephone during her husbands known
absence anu with threatening and abusive
language ordering her TO take charge OF
her husbands cattle. which had escaped
from tneH enclosure. nnusr penalty or n
threatened visit to her home TO ayenxc
tho speaker Of tho assumed wrong In
aictei hy failure to keep tie CATH. en-.
closed.
This case 's also authority tor the
proposition that abusing and threatening
l woman over i telephone 10 not an as
sault
4 To"'iC complain. IN suit % recover
for goods furnished was filed in "A district
court In u Western State. but tho de-
PENDANT settled rather than prepare an an
swor IN kind or defend the suit. The
complaint said:
The plaintiff says this action lies
For goods and wares and merchandise
ny plaintin TO defendant sold
And delivered, at prices told.
As were agreed. in the full text
OF the account hereto annexed.
Which added up and footed true.
Amounts - dollars ilfty-two,
And SIN The same has not been pad
Nor any partial payments made.
Defendant owes the full amount
As specified In said account.
And as the same IL overdue,
Tho interest SHOULD add thereto
ny its attorney this !s done
And duly signed.
r. V WILSON
o.. IA al