The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-04
NOVEL POINTS OF THE LAW.

The New York Court of Appeals is
defended by the New York Lao Journal
from responsibility for the continuance or
unsightly billboards In the State. 1t v
set forth that "in the courts Of many
States, including our own. 1t has been
held that while all private property is
subject to regulation in the interest Of
public health. safety and morality. there
IL no public use In property for the graft
fcation Of artistic sensibilities Cndoubt-
eddy the average standard OF good taste
and the average nsthetic demand have
grown since the earlier billboard decisions
were rendered. II the matter were now
res nova II IL not improbable that courts
would take different view. But the ques-
ton has been so often decided and has be-
| come so firmly settled that one should not
, expect tho courts to change the law. Ob-
| viously a universal agitation should he
inaugurated for amendment Of the con-
stitutions Of all the States The abuse ID
a very fragrant one and seems to be yearly
! growing worse"
| In Aizua VS.. johnson, In the Supreme
Court Of the United states. II was laid
down that the American doctrine OF Inn
munity OF Judges from suit because OF
their judicial acts protects Justice OF
the Supreme Court of the Philippine Islands
against a suit to recover damages upon
the alleged grounds that, without 5uris-
plaintiff, contrary to an order OF the full
court, and made false statement of fact
I'm the opinion by which the full court
ratified the change and inserted In the
opinion OF the full court In second SUIT
various false statements. including one at
tributing to the hrst Judgment AN effect
that 1t could not have In the circumstances
an with full knowledge and Intent TO
injure the plaintiff. as appears from an
inspection OF the opinions-and that the
plaintiff had TO paw the second Judgment
at a sacrifice.
The case of Munsey va. Webb before
tho supreme Court ~ the United States.
was brought by an administrator for dam
| ages for the death OF a man who became
I'm while riding IN an elevator and fell
{ onto the floor of a car unguarded by a
door with the result that he was killed
when his head WAS caught between the
| floor OF the car and one OF the floors of
. the building. The suit was based on neg
ligence In leaving the door open and fall
ure by the elevator operator to guard the
t open space with his arm. The court said
at is true that Il was not TO be antici-
pated specifically that man should drop
/, from internal causes into the open door
OF the car But the possibility and the
danger that In some way one In the car
should get some part of his person outside
, tho car while II was In motion was OBJ
ylOuS and was SHOWN TO nave Deen antlCl-
pated by the door being there"
: The Appellate Term OF the Supreme
Court has held In Walden vs Randolph
, that contract TO buy furniture repre-
scented to have been used only by the per-
, son selling Il will be set aside for fraudu'
I lent representations when II appears that
, the person selling the furniture was q
second hand dealer and that the place ir
| ,t..l, 1. "A IA md Ahn
l and not "A private residence. In the cas-,
. before the court the dealer represented
that she was selling her private furniture
because she was obliged to leave New
, York. When the plantin sued TO annul 8
4 contract TO buy 500 worth of furnitur,
o for S3s0 the defendant commended that thu
alleged false representations were not ma
terial. In holding that they were tn
. court SAID "The plaintiff might prefe
furniture used only In the manner de
= scrlbed ather than that of which previou
\ knowledge was not obtainable. The plain
n TN had "A right To contract with any per
son he pleased and II induced to ente
into "a contract with u second hand deale
= by representations that she was a privat
seller he should not be held to the con
: tract"
n The Lac Times says:
"A recent arret OF the Court of Cas-
sation is not only OF interest, but in,
. portant TO motorists or cyclists yisitin
~ France. Several persons were acquitte
10y the JUICE de simple police at Beau
preau on a charge of having no lights u
n their vehicles at go Z. NJ on the l.
= March last. The juge held that
II was not night at that hour. The publi
prosecutor. being dissatisfied with the de
~ cison, appealed TO the Court of Cessation
r and the chambr. crimlnelle OF the Su
- preme Court Of France has decided tina
- night ia law Il the interval hetwe.r
II the hour Of the sun setting and that n
% It's rising. ON the LIST March the su
"A set at I: 55 PM. 30 that the charge vii
IN now come anew before another court"
Recently I'm Texas. IL IL reported
W eight convicts were smoth-red to deaf
n In dark cells. where they had been place
for discipline in lieu OF being whipped.
says Lag Notes. "A few days later tn
10 guards were on trial before justice o
4. the peace TO determine whether the
~ should b. bound over to the Grand Jur
IA FOR negligent homicide. \ Young httorne
* of that town, representing the guard,
IA, was wrestling In vain on cross-eXamina
n ton with an uniuly convict, whose test
inpny was strongly against the defend
ants. Finally the attorney, despairlng q
making anything out Of tine witness an
ii with the hope of impeachlng his charac
II ter. asked the question: Well. what ar
10 you In for. anyhow To which immed
~ ately came the crushing answer: "rhei
:. from person, assault with intent to con
~ init murder, robbery Of firearms
n sentenced at Galveston. Texas. TO thirty
o. five years Ia the state penitentiary, an
\ askln' no pardon This closed the es
IN animation of the witness"
30
The Supreme Judicial Court of Mass
chusetts decided in Holden vs. McGll
~ cuddy that where plaintiff whose uutt
as mobile colIidrd with defendants on
.. public highway In Vermont was operatli
an unregistered automobile In violation
statute of Vermont prohibiting u
II" operation Of unregistered automobiles
or could not recover for the injury. since !
a was II mere trespasser. and his own vic
d. lution of u law. enacted for the particuis
protection OF the travelling public. direct
caused the injury. The court said;
1T Is 10 he regretted that we have n,
fuller evidence of the law OF Vernon
EN- upon this question, But applying VIII;
Nv we regard as the general rules OF Il
oy common law, We can only conclude this
the Vermont statute. like our own. vi
he enacted not only as police REGULATE,
So 70 govern the conduct Of all persons IN Il
l,,,t I,,,f a.,