Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-03-09

game of baseball is not nuisance per
Sc is well settled" This point arose in
suit to en1oin the trustees OF the
school district and members OF a club
supporting baseball from fulfilling
their contract OF leasing, part Of the
school grounds for q, baseball field dur
ing the summer months. The injunc-
ton. was denied because the contract
provided against unlawful conduct on
the grounds and was such as to be d.
nancially beneficial to the school dis.
trict. In speaking further about base
ball the court said: 1T Is an innocent
or legitimate amusement, and. like q
legitimate business. to warrant an In
junction stopping or destroying 1t. it
must appear that the indulgence IN IL
is necessarily nuisance"
PASSENGERS ENFORCED WALK.
whether the plaintiff was overzeAl-
Gus In his missionary. work, or Whetn-
er he walked TO his place Of service for
fear Of losing his charge. does not APP
pear Of record. But whatever the
sctuating motive may have been. he
was not permitted TO recover damages
from a railroad company for a coM
which he had contracted while walking
from one station to another. In the
case Of Cook VS.. Beaumont. 5. L. & w.
Railway Company, $50 Southwestern
Reporter, 123, plaintiff bought ticket
emitting him to passage to the station
OF Hardin where he was to preach the
next day. The conductor informed him
az he was collecting the tickets that
the train would not stop at Hardin.
and that plaintiff would have to get on
at Hull. the next station, and wait for
a local train. Plaintiff left the train
under protest, but instead OF waiting
for the next train. which would take
him to Hardin before his appointment.
he walked after trying to secure pas
eage in another manner. The court
held that plaintiffs own actions were
such as to naturally cause the Injuries
alleged, and that they were not the
proximate result Of the refusal 70
carry him to Hardin after receiving
him as a passenger.
= ABATEMENT OF FENCE.
The charter Of city in West Vir-
einia provides that the council there
Of shall have the power ITO regulate
the making Of division fences and par
tv walls ry the owners Of adjoining
and adjacent premises and lots; 70
prevent injury or annoyance to the
public or individuals from anything
dangerous, offensive, or unwholesome;.
and to abate by summary proceedings
whatever in the opinion Of the coun :
ri, is a nuisance Plaintiff, prop
ertv owner in said city. constructed a
fence which the city sought to have
r.nooyed as being q nuisance; hence
.,,it WAS brought By the owner to re-
strain such action. The West Virginia
.,nrene court Of appeals held that as
the city had not previously enacteu
an ordinance providing what acts or
conditions should constitute nuns
ance, according to the above provisions DIVISIONS
OF the charter. and as the renee vas
not a nuisance per sc, the CITY We
in no position to have 1t removed
Donotrue vs. Fredlock, ~ sousneaseeFn
Reporter. 1856.
RITING By WIFE. -
Security from physical injury ana
pain are now the right. OF husband:
That a man my defend nimssH
against the attaeAs of his wife has
been recognised ass right by . court.
whether the doctrine may ever % 30
far extended as to relieve from men,
tai suffering and anguish. by afford
ing in1ilnctive relief against the wifess
"calIings" and admonttions a. 70 lase
hours ana the husbandss closest asso-
GATES, can be, settled by time only.
But some Of his rights were laid down
nv the court Of criminal Appeals OF
Texas. In Kelton ~. state. l6V SOUTH
western Reporter. 342. This case arose
out Of . prosecution for assault. The
oniy evidence for, the state was that
the wife Of accused had asked him Tor
money to visit relatives, and was told
thaf he did not have It, but would
have it for ,fef q little later. that she
became angry, striking him on the
head with . bucket, and then biting his
shoulder, when he reached down ana
rot a rock and struck back over hts
shoulder. making a small cut on her
head. In reversing q yedict Tor ef.
roneousi instruction the court held that
..While s-the assault upon I. 9 woman,
!, !. ~, II a1Rfava ted AaDnulE thfks dOe1