The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-01
NOVEL POINTS OF THE LAW.

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ages for failure 10 deliver a te,asra,,
gon In Fields vs.. Western Union, In which
" was held that the amount of conp,is
sions a salesman would presumably earn
during eleven days when he was kepr
from his territory through Defendants
failure to deliver tho telegram, as shown
by the amount OF his sales I'm the cor
responding time In previous years, was
not TOO remote to form basis for the
assessment OF damages As n basis for
Its ruling the court said:
In Lund vs.. Tyler (1b Iowa 226 ~
n. W., 333) the facts were that the de-
PENDANT had assaulted and beaten thu
plaintiff, and the plaintiff sued the de-
PENDANT for damages for the beating. and
claimed that by reason OF the injury IN
ton for "A time. HIS occupa.Ion WAS Ash
| Ing for n living. which Ia not a very GER
| tain kind OF business, and passing on the
case the court says: Certainly plaintiff
might recover loss OF earnings during the
time. The business was one Involving NOT
speculative profits but merely the per-
sonal efforts OF the plaintiff, the profits
In which could be considered as earnings
| and therefore loss OF time therein might
be shown as resulting In loss Of earnings
1t seems to US that the oues-
ton properly called for an answer as to
what plaintiffs reasonable earnings (in
fishing) during such time would have
been"
The supreme Court Of Nevada holds in
ex parte kuhns that where a husbn nd
and wife residing in Pennsylvania agreed
to separate and he promised TO make
monthly payments for the support OF
herself and their child. and Whine living
in a sister State failed TO make the
abandoning his wife, was not a fugitive
from Justice and could not be extradited
at the request OF the PENNSYLVANIA author
titles. The court said that the husbands
only dereliction was a breach OF contract
and that even IL he was an evader ~
the Pennsylvania law II could scarcely
Ice said that he was q fugitive from jis-
tice.
The Supreme Court OF Wisconsin IN
Altschuler VS.. Atchison, Topeka and Santa
F'e Railway recognizes "A cause of action
In a case brought for damages because
speciai car OF The Russian Svmnhonv ~
chestra in a certain town I'm time ror a
matinee performancs Tho sour, fn,,,S
,hnt d.fenaant'a ayer, u,ho nr.rar.A
plaintiffs itinerary and Who baa rad
considerable experience In such things
knew of the general cha racter n, riain'
tin's husiness and that IA. us honraa
10 arrive in NJ in tho forenoon 81 NJ
30. and also knew that nIain,ify foi.
Iowe.i such itinerary IN v,viry r.,r.or,,,
ances I, was hold th,t rIaintiff c,,,,d
recover damages for b.lnr brcy.rted FROM
giving an afternoon nerfnrmanc. in a.
becaus. OF defendants DELAY In Forward.
ing his car. such damares having been
within tha reasonable con,emriatior M
the Marie, when the i,ine,,ry and son.
tract OF carriage were made
householder VIII, ia awaL.r.d FROM
sl,ep al night n md a strangar li,I-
ing a. the door and threa,eninr 10 enter
the dwelline 1, held in the Nnr,h carolin,
cas-. ~ state ys GRAY II y s23 an
not,ted in AZ /, r.. A. N 81 II IN Ia.
iustified upon the strangers breaking
a wlndov 10 effect an ENTRANCE In xiii.
ing him. althouph tho Intruder is no,
armed IL the householder believes. or
mas reasonable ground To believe, thai
his nc, Is NECESSARY to nrevent harm n,
himself or his family or the vio,ent entry
NJ hi, home
The right OF the United States Gov
eminent TO intern Mexican troops who
Zee across tine border Is upheld by the
Federal court OF Southern California In
a habeas corpus proceeding brought by
one Toscano The court holds that q
provision OF the Hague treaty OF 1907,
ratified by the United States and Mex
leo IN 1909 that "a neutral power which
receives on It's territory troops belonging
to the beuigerent armies shall intern
sro,, ,Is ,h.,tro ~ war'. which act ~
ir,.r,mcrt cnns,sts IN a,sarm,nv such
,,,nr. ga keouIny tbe,r In boporo hIa
cort,emnn, docs no, violate any pro-
,.,stnn ~ ~, co,.,Itu,,or ne the Irn,tsd
states nor require Legislation 10 rende-
!, of,,c,,va and Ia thsr,forn a mart n,
,ho Law os tho land which the President
ha. .'r, ,oner tn oxa,ute
=, uas la,, dawn ina, the two ,.r,,.,
,,r,,.a IN civu uar I'm Nexico "a hi
uoara,,t na,,,.s socnrding to ,ha la,y ~
,ot,or. and rho ,ac, that ,ha Ifnited
S,a,aa hos not accorded oaiciai racogni-
,,S.,, 90 at,har doe. mn, sffac, Ire -,yb, ava
AM, T., .xecuta such treatv nn,visIon.
LEI rosn.,, m ,roons n, althe- nartv
- ..aL .sy,nn, In Us terr,,orv
i've court ouotad ths Yollowlno from
,,n S,nran,a Cur, n, the Irnited Stat.s.
~ ri,i, var breaks the band. OF no
,,,,,, ana .nvarnmant nv at least sn,.
nands their forre and efseo, Il produce.
~ ,h. na,,on Two in5enendent narties
n,,o corsidsr each other enemies and
,,,nsna M cnuro, t,Jee These
80 ra-,ios Therefore mus, nece.sar,Iv
-" .nsidor.a az cons,itu,inp al Icsst
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