The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-09-20
NOVEL POINTS OF THE LAW.

NOVEL POINTS OF THE LAW.
new application of the doctrine of
res irsd luquitur was made by the SUI
preme judicial Court OF Massachusetts In
oNeil VS.. Toomey In which the plaintiff,
a woman. sued the defendant. Il retail Ice
u"aier, because u cake of ice fell from
a pair of tongs as he entered the door
OF her kitchen and injured her hand.
The defendant contended that there was
no way To explain the accident except
that the plaintiff permitted the door TO
shut against the ice and knocked IL loose.
The court conceded that the case was a
close one for the application OF the doc
trine in question, but reversed verdict
for the defendant and said:
I'm view Of this testimony the jury
also might have found that the plaintiff
did not open the kitchen door for the de-
PENDANT, and that in entering the kitchen
he carelessv allowed the ice to strike
the door jamb or to come in contact
with the door. II IL Il matter OF common
knowledge that ice IL q hard brittle and
slippery substance and Is likely to breal,
and fall In carrying unless handled care
fully. IT the precise cause of the fan
was unexplained, yet the jury could have
found from their experience as men of
the world with "A knowledge OF ordinary
affairs that such an accident commonly
does not happen unless cakes of ice are
carelessly handled"
An unusual question involving the CON
struction Of an accident insurance policy
was heard BY the Railway Mail Assucia-
| ton vs.. Dent in the United states Cir
| cult Court. Eighth district I'm which II
appeared that the policy insured against
/ death through external, violent and acct
/ dental means. but no benefit was payable
/ matter taken or administered. accident
| ally or otherwise" The decedcnt came
/ into contact with poison ivy while In the
woods, which resulted I'm an eruption be-
! tween his fingers and grew until It COW
/ cred his entire body and In seven weeks
caused his death. The testimony showed
! that contact with ivy operates Just az n
| burn In that 1t seals the skin against
| discharge of secrc,ions and blood poison
| ing results. The court held that dccc-
| dents death did not result from poi.
either taken or administered" The
court said
| FINALLY death must not have resulted
| from poison or other injurious matter
taken or administered accidentally or
| otherwise This phrase has "A more linz
tied meaning than that claimed by counsel
for the association OF course the poison
| or Injurious substance was not admins
tered as that ordinarily contcmplates tho
affirmative action of another person Nor
| do we think II was taken II the IN
sured had accidentally fallen into a ves-
sci OF corrosive liquid, or had been in
| Jured by the bursting of u carboy -.
vitrlol TO which he did not contribute It
would not be said the injurious substance
was taken or administered. The term
taken, which Is nearest the case before
us, signifies IN its text an Internal taking
and not an accidental or external con
| tact"
A decision IN which the doctrine OF
res ipsa loqultur is held not applicable
where there IS no identification of the
wrongdoer is made by the United states
| Circuit Court OF Appeals. Second Circuit
Ia suit against the Central Railroad
Company of New Jersey and the T.. l.
| du Pont de- NeUuurs Powder Company
TO recover s3O.162 damages for the de-
| struction of the sailing vessel lngrld.
which was berthed at n Central Railroad
pier in Jersey City on February !. 1911
when carload OF gelatine dynamite ex-
ploded with great loss OF life and large
property damage The court found that
the dynamite was handled properly and
that there was no explanation as TO the
cause of the explosion. The court said:
1T is matter of common knowledge that
dynamite has been generally used and
for more than a quarter of a century
The evidence shows that during the veal
! in which this explosion occurred upward
| of 260. 900, 600 pounds OF high explosive,
were manufactured and consumed in IN,
| United States They are transported hN
the common carriers generally in CARLOAD
| lots. During the year of this explosion
IL the high explosives manufactured tina
year be reduced to carload lots OF 10000
pounds each. there was an average Of
more than thirty-three carloads "A daS
! moving over highways Of commerce ir
this country alone. These high explosive,
have become a real commercial necessity
and they sere important public interests
The great industries of the country are
! in a high degree dependent upon the use
Of these explosives for the successful
promotion
Since there Is no proof of negligence by
either defendant the court dism!ssos tho
suit.
subcommittee OF the committee or
courts OF criminal procedure of the New
York County Lawyers Association Il
considering the ACCESSIBILITY OF legislation
providing for the establishment of
public official to be known as the publ,
defender" to protect the interests OF IN
digent persons charged with crime. TIL
committee. of which Mayer C. Goldman /,
chairman. welcomes suggestions iron
members of me bar
\ suit in when the Supreme Court o
Washington decided that there was n,
negligence was Bergman VS. the Eas
Hoquiam Boom and Logging Company
where it appeared that the defendan
operated splash dam the gates o
which opened automatically when tn
water reached a certain height, allow
ing the water to escape in what wa
called a splash. The splashes occurred
every three or four days and the waite
ran about eight miles an hour and at
ford four miles below the dam woulC
: rise three or four feet in four hours
The plaintin, who had lived near the for,
for years. had gone into n pasture an,
left her two-year-old baby near the ford
, When she heard the roar Of the splasl
, instead of returning to the ford, onl!
thirty feet distant. to rescue her baby
she jumped over bank nine feet higl
and received injuries for which she sued
The court held that the splashng of th
water was not such a dangerous agenc!
that the defendant was charged with TN
duty of notifying the plaintiff when
splash was about to occur. and henc,
was not liable for negligence. The cour
said
"The use OF giant powder is clearl,
YH.afl Il al