Omaha daily bee., 1914-03-14
Nebraska
HIGH COURT DECIDES CASES
Holds Man Interfering in Dog Fight
Cannot Collect Damages.
ROAD NOT HELD FOR FLOOD
Failure Go Make Journey Because
OF High Water Not Cause of Ac-
tiOn on which Damages
May he Collected.
lFrom a sax CORRESPONDENT.

NfIOM CIdII correspondent.
LINCOLN, March 1S.-(Special )--Su-
prcme court opinions handed down to-
day indicate that the man who gets
bit in a dog fight has no redress in
court that water high enough to keep
a democrat from a national convention
is not sufficient grounds for damages
against the Burlington railroad: that
religious services can be held in country
school houses IL not held too often and
that company which refuses to list
its property for taxation must stand for
any raise the county board may make.
The opinions follow:
The court affirms the judgment of the
Douglas county district court, secured by
August d. Witt, against George w. Cald-
well and Lester Drake, contractors who
built the Douglas county court house.
witt was engaged In working around
a hoisting arrangement for carrying ma
terlal to the top of the building when
the cable became tinsted, He was di-
rected by the foreman to straighten out
the cable and while doing so the fore
man gave the hosting signal and the
plaiStiffs hand was drawn into the pully.
He sued for 5000 and was awarded
$500.
Charity and Mechanics Liens.
Trustees elected to manage the alIaire
Of a charitable organization cannot enter
into valid contract by which its prop
erty may become subject to mechanics
lien without first having obtained an
order of the district court for that pur-
pose. The opinion comes from the action
OF the Western Supply company of Lin
ia against
Tubith home, an institution near Lincoln
for aged and infirm people.
The opinion state that certain doctors
in Lincoln proposed to the trustees oil
the home to make it hospital. The
trustees agreed with the understanding
that none of the expense should be
charged to the home. The doctors In
CURED an expense of $4,000, and these
claims are asserted to be liens on the
property.
The Lancaster county district court
held for the construction company, but
the higher court reverses the judgment
and remands the case back for trial
Equalization I'm Court.
In an opinion of the state supreme
court the action of the district court of
Gosper county is upheld in that taxpay-
ers, either corporations or individuals,
who fail to give county boards Of equal
ization full data on their property values
are estopped from raising kicks later in
district court because OF alleged over val
uations.
The case is one brought by ]. s.
Hatcher & Co, in which the valuation
OF the company's property was raised
from $4,000 to Ssl 900 and a 50 per cent
penalty tackled on for refusal to list the
property. The district court holds that
the county board had the right TO make
the raise and the supreme court affirms
its action.
In the same action the supreme court
upholds the lower court in that when
county under 1911 legislative enactment
abolishes the office of county assessor
and puts the duties on the county clerk,
the county board is continued in power
as a board of equalization.
No Pay for Dog Bite.
The man who steps in to break up a
dog fight takes his life ir his own hands
and cannot recover damages from the
owner of one of the canine contestants
when the party damaged assisted in
Sticking" on the combatants.
This is the opinion of the supreme court
in the celebrated bulldog case brought
from Hamilton county, wherein Myrl
Warrick, Grand Island horse trader,
brought suit against John Farley, son of
rora, for damages sustained from being