The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-17
NOVEL POINTS OF THE LAW.

holds that the maxim OF res ipsa loquitur
applies In case where II appeared that
locomotive fireman had been injured by
the blowing out OF boiler fue. indicat-
ing that the Inspection OF the locomotive
had been faulty. The court said
I'm the nature OF things the injured en-
ployee who sues his employer must pre-
sent much higher degree OF proof than
Is necessary In the case OF wayfarer
or passenger. 1t Is to be emphasized.
however. that the difference Ia one OF
degree and MT OF kind. The more oner-
Gus burden which is placed upon the en-
ployee Is the natural concomitant OF the
relation OF the parties and OF their re-
sultant obligations The employer Is bound
merely to the exercise of reasonable care
In providing his employee with a safe
place In which 10 work, with proper and
adequate tools. appliances and machinery
and with fellow employees competent for
the tasks to which they are assigned. n
the Injured employee Sues at common law
and seeks to invoke the maxim. he must
necessarily make proof OF facts and cir
cumstances which. under the common law
exclude every inference except that OF
the employers negligence. This means
that the employee must himself be free
from the imputation OF contributory neg
ligence that he is not the victim OF the
negligence of coemployees that the In
jury Is not the result of some risk either
Inherent In the occupation or voluntarily
assumed by the employee, and that the
accident Ia one which In the ordinary
course OF events could not have happened
II the employer had exercised the degree
OF care required OF him by the common
law"
recent decision concerning the ad-
mission In evidence OF dying declarations
In made by the Supreme Court OF Mis-
issippi in Reeves vs.. state, where the
court excluded the testimony on the
ground that a sufficient realization of
impending death was not shown. whereas
statements by the declarant suggested
that he was actuated by malice or de-
sire for revenge. The court said:
Since the admission Of dying declara-
ton constitutes an exception to the rule
excluding hearsay testimony, and since
the influence exerted by them on jures
Is probably greater than they merit
courts have always admitted them with
great care and caution. and never when
the supposed guarantees OF their trust
worthiness has been overthrow. II is
true that the state of the decla m Mt s
mind at the time the declaration was
made should be taken into consideration
by the Jury in determining the weight to
be given II when admitted. Nevertheless
WIZ" ''is slatt VI H''nu ~ SUCH tnht tne
guaranty of the trustworthlness OF the
declaration Is removed II should not be
submitted TO the Jury for consideration
at ALL"
The liability OF a mercantile agency
for making false statements to It's pa
irons concerning n person or corporation
ia decided by the Supreme Court OF Idaho
in Pacific Packing Company VS. Brad
qtrnAt CnpnnapV In uhIrh he
The only safe and Just rule either
In law or morals Is the one that exacts
truthfulness In business as well as else
where and places penalty upon false
hood, making II dangerous for a mercan-
tile commercial or any other agency "a
sell and traffic falsehood and mlsrepre-
sentation about the standing and credit OF
men or corporations. The company that
goes into the business of selling news or
reports about others should assume the
responsibility for its acts and must he
sure that II Is peddlng the truth. There
cannot be two standards OF right nor two
brands OF truth. one for moraizlng and
one for business The law ought to look
with a stern. cold eye upon the liar
everyday man: ~ n mercantile agency
can sateiy make Iaise reports apout th'
nnahciai stanoine ana creht or the c'ti'
zen ana oes'roy MS business u can ther
| take the next step WIN eduai iinpunitS
ana destroy ms reputation leaving MN
shorh anu he'piess'
a novel question was presented IN
stevens VS. Steadman' ~ j.. X. A. On s.
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