The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-06
NOVEL POINTS OF THE LAW.

tuuky IN Tyree vs. Commonwealth IN
which II appears that deceased, WHO was
found lying beside the road wounded.
told members OF his family how he had
received the wound from which he died.
with a full account OF the trouble. and
died ten hours later. The court held that
such statement by tho deceased was not
| Objectionable, because he subsequently,
gave another dying statement, which was
reduced 70 writing by justic" OF the
peace but which was destr we'd by nre
| after being filed In the District Attorneys
Office The court also held that oral sv,-
dence concerning the latter declaration
was admissible
A unique question was involved in
| Smith va Travellers Insurance Company
before tho Supreme judicial Court Of
Massachusetts, which was a suit to de
| terrnine the defendants liability on an
accident policy insurlng against BODILY
| injuries effected directly and indepen-
deutly OF all other causes Through exter-
nal, violent and arcidentan means" Tho
court held that the Insurance. company
was not liable because the death resulted
from tho Inhalation of a npsal douche
which the deoedent took purpoS7ly. The
court said
The deceased, whore life was insured
by the defendant against some risks, died
| from spinal meningitis This disease, sc-
cordfng TO the plaintiffs evidence WAS
caused by the presence OF sti'ep'cy-uccus
germs in tho brain. The germs had pane
trated into the brain from the middle
| ear through a hole in the maStoid bone
! They had been carried into tho or from
tho outer nose. through the Elistachian
| tube, by a nasal douohe which the de
| ceased was using for catarrh. IS he had
been IN the habit of doing, and which on
! hi. occasion he had shifted o. drawn
into his nostril less gently or harder or
more violently than ne usually DID Strep-
tococcus germs are among the most viru-
lent and dangerous germs known but
| they arc found somewhat frequently IN
tho outer nose and might remain tAero
! Indefinitely without harm tn" nasal
douche used by the deceased WIS harm
less In Itself but the harm vas dons
by the fact that he drew y too Violently
into his nostiil. by reason whereof y
reachct Tho Fustachian tube and was
carried into the middle ear ana thence
| penetrated into tho brain That mere
should be a hole or perforation n tn.
nnstDld hons through which pus or germ.
could pass from the ear into tho brain is
a very rare occurrence, In only ono ot
atvut 900 skulls"
Under the ruling Of the court in Bos
ton and y Street Railway Company. 90
J.. r. A.. $50. II Is not negligence per q"
FOR a street car passenger 10 leave his
seat as the car approaches his stop and
stand at the door. with firm hold
thereon, awaiting the stop. although he
knows that the car IL moving at high
speed with unusual swaying. ard mus,
pass over a switch before reaching tho
stopping place.
A similar question arose IN Louisiana
& y W. Railroad Company Va WINS
N.|
that in the absence OF a warning not e
do 90 4 passenger e not negligent per ~
. =, standing in a car a. II moves out o.
Q station, although there may b. unoccu-
pied seats. So IS 10 prevent him from
! holding the carrier liable when he - IN
tured by the violent impact 81 two sec
tons Of the train after Il has broken
in two.
A combination OF several persons and
corporations. ali Independent dealers ~
, milk and cram 70 raise ard Increase the
price thereof is held violation OF the
statute In the Minnesota use ~ stat
vs MINNEAPOLIS MILK CcWpaus - J.. Il
A. tN - o4t though IN Increase
price was necessary 20 afford them profit
In cpnvict1nE one who had advertise
TO tell fortunes BY HSt"olog-. p"ur. Az !
said. "It IL absurd go sugg'st that 'h''
I man >puld have believed .u as ah'I 2,
70 nrad,r+ tho fortune, % aro'r-- So
! Knowing III. hour. p,lr" Of his h'r'h. and
m. aspect Of the stars ~ the tine o
"Astrologe--." CONNECTS J.. Arthur WIde'
, IN Ca~ ard Cor,rn'r', "ar' uo uor,
, highly regarded "a a." American COURT
which re-ron-lv held that fortur" telling
MAY he pr"h h'ted nv ~" I|cN azure eve,
though X - haS'n upon "N'i"''E. WIZ.
Il a science ana Una, 'hr "a .'''
"aSt' o' HOROSCOPES - ~. " W. ''n-
, Sous be.'r' "' hu'h""F "l l.' ~ ''''e oil
societies docs h"' PFe'''' ''' L'S .@' DIN"
from fof"nHi'f Hu'' P''.''' ,,.
similarly 81 a'' '.''NI '"'E u -'' '''
Tcrs"0s declaring 40 '"'H,'.H TO SIC
Us" or Ni"te'd NN' '' PM" 81
rhysi"grpmy' pt'N.S'.N ~ IN ''''.'
held "a q "" J'l~'N "'''9 y '' TO-"
IT,. court sad tha' '' pos ' t'''' - I'
rational evidence tha' i'l ns.TN .' fet
sv.e're and not ''ra''} s'''Nr'
Mental suffering by Il man because q
,hys. clan whom ne has s,uro, 81 20 a.
,a,d n. s.,k wife de!ays uplu 49, wa,
and th.r.,y fails 20 m.r!e.pr go rci
eurr,r.lnr - held not AZ e,om.r' ~ dam
Co.'s. +n u. -,,,ov.rsd r,r Or.,lcu ~ ~.
,,--,c. Z, N. Orap,or ,.,se %, Adam,
pr,.,,. 81 n A ~ 81 NJ
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