The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-09-06
NOVEL POINTS OF THE LAW.

recovery of property on which brother
and sister resided for years, the sister
having invested $1,000 in improvements
The brother executed deed TO her which
provided that the property was to 20
To the one surviving. She kept the deed
IN trunk until just before her brother
died, when she had it recorded. The
validity of the deed was questioned In
the suit before the court and in uphold
ing 1t the court said:
Nor Will the natural justice and pro-
prlcty he questioned of an arrangement
ny winch the home acquired by the joint
IaOor of this brother and sister, and In
which they had laid the hearthstone
around which the sentiment OF their lives
had been warmed into memories Of each
"thcr should remain TO the one who would
be left alone. Tho question is whether these
parties have d.sregdrded rules of con-
duct which the Law has established to
guard against tine defeat OF justice. and
thereby caused the miscarriage Of their
own laudable purpose.
This gr1ntor made. signed and ac-
knowl,dgcd a general warranty decd. COM
yeylng the land ia question 70 Mis-, Rob
,r'son. lie gave II to her with the state.
mcnt tina; 1t was hers ana said % would
make n,r secure. That he intended INA:
i would have some effect, accompl.s h
some purpose, is too evident to anD.d 4
subject OF Intelligent discussion. That
Is enough. ard, rs We have already sAi
the law directs Us to the deed Ion iu.th..
Information ON that question. Wuat-
ever of restrictive undcIstludln: tl,sc
49,, between them has been faithfully
l,r't. and the l,N iutcrp0s's no obstacle
(. 'ne accomplishment Of Tia" desire Of
io,h the l'.ur ana the dead"
g. Smith vs. Cameron the supreme
Cont o. Kansas held that an oval agree
W,ut Uy q sister to remove from Re
parents home and live with her brother
as h.4 hous,ltecpor and care for him upon
his promise to leave her his property n
his death would be enforced be the
courts as 10 specific performance OF u"
lrotn,r's agreement when the sister Kept
hers faithfully The court said
An oral agreement Of this ir.turc, 90
tnb'I- hci by satisfactory proof and Kept
in good faith. affords lid ground for tn"
exercise of the powers of court ~
equity by q decree for specitS perform
auce. The brother with views and habits
{ life different perhaps from the ma
inrit, Of mon. awaited himself through
many years " the service Il q sister, who
remained loyal to her agreement through
All the vicis-itudes OF that service. the
nature Of which can be readily appr'-
eilt,l when ", remember the hardship
OF pioneer m, aud the nature Of n"
1utl,s she pcrf rmcd In such q situa-
II D. the law provides no staui1"d where
ay 10 measure the value Of the scrvi' IS
and II remain. for equity. APPLYING the
principles OF natural justice ana good
conscience. tu carry into effect the agree
mont Of the ptrtios Happily. In his in
stance neither party ever desired to be
released from it.
Tho Supreme Court of Nebraska holds
i'm Omaha General Hospital vs.. Strchlow
that where master at the time. his em-
ploy,c receives q severe b Oily injury
calls his own regular physician and
surgeon over the telephone and In
stiucts him "to come and take car" OF
tn, injured man and at the time ui
giving such direction we'll knows that the
INJURIES of his employee are OF such a
/ character a. to render II necessary I'M
u,diatrly t. remove him to hospital
/ and the doctor At once responds ana taxes
! the man to hospital and for the pur'
! u Sc of inducing the hospital authorities
| TO receive him states to them that me
principll for whom he IL acting VIII %
! rcsuousihlc for the payment OF the hos
I rttal bill Of the injured man. the master
/ /. hound hy such acts and declarations
/ IN the part Of his agent.
! The latest reported case involving dI,n
/ ares for the non-delvery OF Telegram
! is Eollincr " Western Union TELEGRAPH
| COMPANY heard les the supreme Court 4"
/ Minnesota. in which it appeared that th'
/ piaIn'lm. who was bon Minnesota, got q
! message from his business associate 10
| Spnl,auc Wash, to be there Il time
| stated ana made the trip. The plain'if
] wired the time of his arrival hut th'
! message was not delivered in time auc
! IL, plaintiff made a needless trip. 1h'
court holds that the telegraph comp ny
les liable only for the amount paid for TN
/ m, ss1Ce and saws;
Here plaintiffs trin was clearly no
| caused los the negligence of defendant
aud there was nothing IN the message
u,,lf which hy any reasonable Inference
suru-lp,l defendant that there was any
likelihood That the trip would be useless
. ov anothrr trip necessary II the messas
was rot delivered. In each of tn" above
/ cases aud I'm all of the cases 20 which ou'
. attention has been called fruitless Jour
! u,v was taken because of the non-dellN
crv os or a mistake In a telegram II
each tho message itself showed its imror
TANGO and the probability that breacl
Of the compauy's contract would resul
I'm an unnecessary trip
\ suit involving the right OF hus
hand TO the life use OF real estate lef
hv his wife was heard by the Appellate
Division of tn. supreme Court in funf
rs. Blake. I'm which it appeared tina
Anna Louise Nung, who died in 1905 lei
certain real estate. Her will made No
uroylsion for hcr husband nor for ar
infant daughter by her marriage to nm,
who was born after the will was executed
The court held that under the laws %
! New York the child was entitled 10 TN
! same share of the estate ii would received
! ,r tho mother had died intestate, and tina
bv reason OF this fact the father haC
the life use of the property inherited b!
the child.
The supreme Court Of Arkansas holds
I'm Maloney vs. Maryland Casualty com
many that o. an action on an acclden
uo,irv au instruction by the trial Judg'
That If the jury found that tn" deati
WAS the direct or indirect consequence
/ of disease or caused wholly or in part by
hodtly lnnrmties and that the ALLEGED
! biur, was not the exclusive and inde
/ nrrl,ut cause Of the death, the verde
should he for tho defendant was i'm
pron.r The court held that where thu
Jury might have found from the eNi
! dcncc that the insured received Sigh
G.tf, ln "A