The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-01
NOVEL POINTS OF THE LAW.

powers upon public utilities commission
under which Its rulings were placed above
limitations has been made
by the Supreme Court Of California In Pa
cific Telephone and Telegraph Company
vs.. Eshleman. The court holds that while
the Legislature passed a constitutional
amendment validating all legislation, al
though repugnant TO general constitu-
tional principles. the State legislation
could not extend such power over the
Constitution Of the United states
II Is accordingly held that an order
of the railroad commission requiring n
telephone company having both long dis.
lance and local lines to permit a physi-
ical connection to be made between its
long distance lines and the local lines OF
companies competing with II locally. with
no provision for compensation being first
made, the only compensation provided for
being an apportionment OF tolls, Ia vvid
because constituting taking OF such
companys property without cOmpensa-
ton In violation of the Federal Constitu-
tion such order being an exercise OF the
power OF eminent domain and not Of the
The Appellate Division OF the Supreme
Court has decided in Tanzer VS.. Read that
"A husband cannot be held responsible for
personal Injuries to one who is run over
by his automobile while driven by his
wife, who was using II for pleasure. The
decision. which Is written by Justice
Hotchkiss. says:
"1n GUILTY vs.. Battle. 135 ". Y. col,
207. referring to the legal status OF hus-
band and wife, and the effect OF the
statutes OF this state modifying the COM
mon law in that regard. the Court Of
Appeals said: The husband is still the
head of the family: the master OF the
house. He IL entitled to the help and
ls..sh tn, ne he.
and discipline OF his children and the
regulation OF the domestic affairs of the
household. All such conjugal
rights are unimpaired.'
II know OF no law, however. which
compels a husband to afford to his wife
either the opportunity or means for rec
reation. but II he does 80. ! do not think
that while engaged In such recreation
she Is in any sense acting as her hus-
bands agent. even though she utilize
his property IA "A means for her pleasure.
Section 81 Of the domestic relations law
provides that she In liable for her wrong
ful or tortious acts her husband is not
liable for such acts unless they were
done by his actual coercion or instigation
and such coercion or instigat!on shall
not be presumed. but must be proved
When wife commits ~ tort while In
dependently engaged In pursuing her own
pleasure. / think the husband Is protected
by the statute, and for this reason the
motion made In the husbands behalf at
the conclusion of the plaintiffs case to
u,s,,'rs .ne coInpiadht AS 10 MN shou'd
nave 'ee" s'a"'eu'
recent decision by Municipal Justice
Marks that SIS was "A sufficient charge
TO be made by a physician for attempt
ing to revive wealthy man who died
euuoeniy IN court room where the physi-
cian was present as witness. instead
eInh sousnt 10 'oHect IN the SUIT leads
IN ~ Nv ioIh Ia" 1o"nd' TO make the
'onow'ns sui.oIiai comment
VIC "e'e'" '""t 'herc ~ CohsiuefabIe
.., ,,pp, .nen s VI esai TIGHTS IN the
m'sua. ploIess'on az c'"ss. Inc writer
ie'neHioers on one occasion discussing the
'i'a'.eI WIN prominent physician VINO
'oNy i''iii,,a.'leo 'nat ooetor should
- ."e '.s"' 10 N"a' &c non man more
..an pvor 'htI', anu VINO clted sup
anA'e! iio'' Ia'es Vi Compensation
ior 1esai services when are dependent
IN II, pnrt upon inc amount involved IN the
su OF o.ner business UNDERTAKEN
1870. ano a'neu seh'.eIhAn-he was NOT con-
ss.ouSy 'alnihk lot inc run coIuihh-in
nc, "rsuea .nat a I'cn man was nov
Perso'I' ou' res 'hat is ms
..,pp ,. 'a,co iAc'or IN inc nhahcia'
y, ~ = 800 ~S''~.' $500
"hen p'oicss'ona1 man Was caieu IN
preserve OF restore his heath' anu tha'
,no uoe'or 'nsre'ole nao "oral eiAi'h
~ I'm Mnlen shou'o ,pe ao1us'eo on
ea ...- ~ i'..p1es oI saNake'
iHero ~ iur'nerfnore' lhe sentiment
u, ''.r ineu''.' proiess.on mat as ooc'o,s
'o'ep ~ W, $50 ueai VI PoVfH
rich n.tis,, ~ raconn ,ho,nsaiys. rnr ~
general seryica 10 sor,.,v. $50
$780, - -
TUG "',." Guy 'en' oi ..wsu't over
a'I,'. -" "",ou =" tn,s "ls'a"te Nv
,"e 50 p,ha'. vi d sheeAe
a.. De p''o no, w the sheeAer pu. %
.he "e '"'' vas piouSn. W
q" enpio!ee "t 'ha ArHiy anu Navy
.uoi..aNtu s'oles' Wes'n,Iis'eI. ssaIns'
'he superintendent Oh 'he urapery oepaIt-
Ineh'. IN wh,ch 'he p'aNh'iit worked, ana
was trl." pe'ure an Ehs..sh county Juust
ana jury ihe p!aihuh was taxing IN
Neh'ory Isle one hIsh'' Whef nc nad u
shee@e because as ne a,eseo' ne hau
coiu IN 'ne heau' me oeiehuah' NP,''
h'dnueu 'ne p'a'nlI'i 'or ''e no'se n'
haoe anu sa'o u ne haa 20 snee@e agar
ne must go ou,s,ue ana 90 u. Shor,I,
". VIZ pn ~, ga $40
- a, ~, 80, o,, ha ua,,id 49,.
'u ''' - " ~ "a, -