The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-29
NOVEL POINTS OF THE LAW.

A decision that stocks and bonds are the
subjects of Interstate commerce. and that
sales of the Same between States are inter-
state commerce Is made by the United
States District Court of Iowa, Central
Division. In declaring unconstitutional !
blue sky law which prohibits citizen !
OF sister State owning and having
stocks bonds. certificates or securities, al ,
though the Same arc listed on tho eN- |
changes OF tho country and have a well ,
established actual and salable value from ,
either bringing or sending them into the
state for sale or negotiating for their sale D
to any person in the state unless he COM
plies with the requirements of the act by
obtaining from the Secretary " State and
paying for a certificate AS an Investment ,
company or a stock broker and subject !
ing himself TO its penalties. II was held. /
on an Application for a preliminary In.
| junction 20 restrain It's enforcement, that
said aot was not within the police powers
OF the State as an inspection law. but un-
| constitutional and invalid as imposing
direct burden on interstate commerce, and
a. imposing burdens upon and denying
| privileges TO citizens OF other States which
are not imposed upon and which are
| granted TO citizens OF Iowa
The hrst case to consider tho reason
| ableness OF a rule prohibiting tho turning
| OF seats seems 20 be Chesapeake and ohio
| railroad Company w. SplIlNr. DN L. IT, a
| IN. 81 394. which holds that a rule ~
railroad company forbidding passengers
| to turn seats so as to ride backward 3
| reasonable. and that a passenger may Ia
elected for refusing 20 obey rule Tor
bidding tho turning Of seats so as to- face
tho rear of the car.
That the proprietor OF = restaurant who
Ia not a student In a college, and has no
| children az such students has no right o.
action against the college FOR forh'ddirg
| pupils to patronlze his restaurant = held
| in Colt VS.. Berea College, 81 l.. Il. A. -.
81 II.
Punitive damages are held recoverable
in Chesapeake and ONO Railroad
Company w. Johns by tie supreme
Cour- OF Kentucky for tho killing .;
railroad fireman by the collision Wit! hts
train. which - regular train on time.
| OF special. which {. bound TO keen
out OF the way OF tho regular. but fails 10
+ake the proper sdetrack 20 clear tn"
way FOR Il, since the trsanmen are hound
| 20 keep In mind tho schedule Of regula-
trains, and their f4ilure 20 do 80 will
cause a Resulting collision TO be re
garded ~ due 20 recklessness.
In Hill vs. Atlantic Coast Line Rsilroso
Company in the Supreme Court uf North
L
who looked and listened before crossing
4 railroad company's tracks, was struck
BY motor car operated without lights,
Notwithstanding Il was night, the rsil-
road company 10 liable for is negligence
In 80 operating the car, which also was
not equipped with bell or whistle. though
plaintiff would have heard the car and TIE
shouting OF the servants IN charge mad he
not been deaf
Tho Green Bag cells OF a polio. nae's-
trate In a Western city who Is native ~
Bngham,on, y Y. one. n culprit, Ealcd
into court for drunkenness told his
, Honor that ~ had played IN a brass band
. IN Binghamton. The Judge discharged
|, tn. prisoner.
Now this inciden, was published IN the
newspapers. and during the next sS
months a; least Ave other prisoners
: brought before the Judge explained tha.
they had played IN the afor, said band
, The Judge autographed to an old friend
. back In BInghamtou asking how many
piece. were in the band. The reply cam"
back Mine" Accordingly his Honor
announced himself in court ~ follows
thereafter no prisoners will ne DIS
charged on account Of former membership
: in the Binghamton band. The Limit has
: been reached"
: n Fiedeer Va Fledeer ma a civil action
y may he maintained by a VIE against no"
husband for damages for assault hc'Au'"
\ 81 injuries due TO a gunShot wound nal
| ciousiy inflicted. The Ok!aAoWa statute
provides that woman shall retain the
same legal existence and leEt! personality
after marriage as before marriage. ard
= shall receive the same protection II ar her
: rights as woman which her husband
docs az a man. and for any injuries sus-
talned 20 her reputation person. property.
! character or any natural right. She sha 70
. have tho same right 10 appeal in he
own name alone 20 the courts 60, law ur
. t-lu!ty for re-ireSa and protection that
o he- husband has % appeal in his oNn
, name alone
r The hrst case - reach ~. h!rN.- courts
OF the STATE involving suit for dam
, ages due TO an aeropl1Ie a Plat' vs..
Erie County Agricultural Society. de
cided by the Appellate Division OF the
Fourth prpAr' u-ut. IN which II was LAID
. down that "A court may take Judicial ru-
4 ice Of the general chtraCt,rts'. .,
OF an aerup,ane, l. was further .til
down that the fact that an aviator. who
J. Wa. giving exhibitions AT % fair. was lu
. independent contractor and Ms urs.
gent In handling his machine does 'o'
. relieve the fair association from tJh.lIN
. ~ Il also was negligent IN NOT tc,p..C
! / the crowd back from tle landing place
4 Tho action h",rg f,r Injuries 20 r ON =
4 who. while attending an agricultural FAM
was struck hv the wig ~ an a.ropl .
90 y was alightiug af,'r Al eNh.h.' .0r.
the evidence Mas held sut'lc;cn; - Wtr
, rant 'hc iurv In hrdug that tho ~,
:, association did uo' exercise due rPrt ''
keeping the crowd back from the laut.ru
place considering the known danger. The
court said in part
. Although aeroplane. are % compars
. lively recent invention. yet we Think .he'r
n use has now become so general that tbs
. term 'aeroplane may now be taken e.
have . specific meaning ard 20 describe
a general type OF machine with .ubssu-
4 tally a. much denn,teness as does 49,
Q term Automobile We NAV thersfors
2 take judicial notice OF the general Char
acteristics OF this machine
THE evidence disCloses knowledg. unor
the part OF the officials OF the defendant
that danger was 20 - anticipated IN con.
. rcc,ion with the aliGhfng ~ tho aero
g plane, II appears without dispute that
they were Informed through inquiry and
n observation that in making the larl'rg
!, IL was impossible 70 cON"rol tine move