Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-03-30
Important Decisions


TN fnllowinr >...s -,
from the west PuhII.hsn. 0,,.,.,,.
K 80
= nOssHLAAH WITH VIOLENCE.
II q burglar, Ia nsearine u make mis-
escape. shoots and fatally, wounds the
insured. Is the ilijury dntsntional,
This wNas one OF the Questions In Allen
" Trsvelsrs ProtsctiVs Association OF
America lsuprems court OF Iosvaa 14s
Northwestern Raposter. ETA. Thomas
Carmody died from fn1urles Prom 4
gunshot wound received It the hands
Of . burglar. from the evidence ~
appears that quite scui,le took Mace
between Carmody ana the escaping
burglar. The beneficiary brings action
for accident Insurance axainst. defanl.
ant bald by carmody. The defendant
relied sppn maay by-laws and rules
endorsed on tho back ~ The oertidcats
Of nemberahly. fhie1 among which was
tho following, "That the assocaat ion
shall not be liable in cane OF injuries.
fatal or otherwise. or By lnten ffonal
injuries cauaing death or Disability. in
hicted by the member Of any other
person upon him. The court RAID:
TT - urged BY appellant that a verdict
shoula have been directed in fts favor
on the evidence al a whole, on the
kround that Il conclusiyeiy appeared
that the injury from which Carmody
died was Intentionally inflicted by tho
burglary. On first impression At would
seem uncsnoIu 70 say tna1 tne vlctln
OF = Duis.. snol ~ tne nufHer IN
IN encountef' WIS hot intentionaHy m
Jured; ana yet' we tnink y must %
said. upon this "nole record that CIR
cufnstances are made to appear whicn
fairy tend 20 snow IN intent 10 avoio
personal injury on the par OF the Dur
gar. Inc theofy OF me piaintin 10
that ne sHot oniS 70 Hss:eh ' =. ssseds'
and to make MS escape. the ewsoence
would warrant unoine shat. atset tho
shot which took erect. ne snot twice
over the head OF Cafmooy wnen ne
was within q 1ew Feet q nun, nacAMe
downstairs. ana wnen ne couia hot
have failed to innict iurtnef MJur.
upon him Il he had tried to 90 80.
The defendants defense rested 1t TINS
point wholly upon the question OF the
intent Of the burglar. SUCH intent couid
BE- ascertatned only BY inference from
tho circumstances shown. Tne question
Of intent 10 usually ana pecuiiefy
Jury question. we think the m
tent was not proved SO conclusive'y as
to entitle the defendant 70 . dsfec'e"
verdict upon the anirmative psopoSa-
tion."
POWDER MILL NEAR HIGHWAY.
,-a.- mil, sitnated close to a
. .,sht ~ Wv a .nubiic nuts.
s rhs. I. ~. anestion decided In
s nc . n =: v,<ce H powder l6ss. CO.
Sc M 900. Citv conrt 81 appeals OF
r ~ ~. 1so so,,thveatern Reporter,
go -. 4. vhreeH Nov. ~. 1905. fiainttfe
Sr;,. na..enrer on a train of the
800, fs+v Southern Railway Com
800 NO. thyovn from her seat and
l p..as, injured nv a violent explosion
pc n"-der rent nv defendant on prop
" a.,n.A ~ - adjacent 70 the rail-
~ Shs i,-3,%nted this action against
s"s..s.nt The ovner Of the explosives,
~ 1890 her damages. on the ground
-. ~. ,rinr,ea were caused by "a
s sa common. and public nuis-
s. ...;rtained nv defendant. The
49,. - n.-t avs. sThe evidence Of
. :. ,n.,n .mstains her position that. In
t'"an,a. s~nio.ives on II, premises in
H.,.p.,t,.. "a constitute . perpetual
,nsn.cs "a the safety Of persons right.
s m1na" .'.,u. 81. .eyer.i public highways
Iu.s u'. ~. raaiu. a. ths destructive
s. sa =. .uch erplosiyes. defendant
oa,s..,n.d = nublic nuisance. We fully
nHnss.a.S 40 inportanee OF the in
apple. =. -hicn defendant IN ensased.
r 1.,." b,,.t,,... n ,avful. and considera.
..n ~. ~ .,,e nnh,ic welfare demand hist
-. s. - .hould not be tiscour.
Ns o1 A., aasnuata aupnIy Of hirh ex.
a,SS..,.- =. an imneratiye necessity to
~ rr..erxatim Of public safety In
. ..e =, var and 10 the creation Of
'."as.,, s.orls and atructures in times Of
49, h,,t the lawfuiness and import.
80. -. ~. industrv can not justify the
49, that q NAV be carried on in