The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-04
NOVEL POINTS OF THE LAW.

Tenn, near the Georgia line. The un
questions presented and the move
method OF determining them are Sc
forth In the following extracts from tn,
Supreme Court opinion.
Hope was entertained that som,
practical method of subduing the nox
ious fumes could be devised, and by con
sent the time for entering a final deere,
was enlarged. Both companies installed
purifying devices. The Tennessee CON.
pany and the State finally entered into
a stipulation whereby the former under.
took annually to supply a fund TO com.
pensste those injured by fumes from II,
works. to conduct Its plant subject tC
inspection In specified ways. and between
April 10 n October 1 not to operate
more green ore furnaces thai 1t find.
necessary to permit OF operating It's
sulphuric acid plant at its normal full
capacity. The State agreed to refrair
from asking an injunction prior to DC.
tober. 1915, II the stipulation was fully
observed. The Ducktown company AND
the state were unable to agree, and In
February. 1914. the latte: moved for o
decree according a perpetual injunction
Consideration Of the matter was post.
pored upon representation that condi.
tons had materially changed since 1907
and leave was granted to present add
,ional testimony to relate solely 10 the
changed conditions, If any, which may
have arisen since the case here de.
cided.' A mass OF conflicting evidence
has been submitted for our considera-
ton.
1T Is impossible from the record to
ascertain with certainty the reduction
In the sulphur content OF emitted gases
necessary to render the territory of
Georgia immune from injury therefrom
but adequate relief, we are disposed "a
think. will follow a decree restraining
the Ducktown company from continuing
TO operate its plant otherwise than upon
the terms and conditions following %
1t shall keep daily records showing fully
and In detail h course and result OF
the operations. t2) A competent in
spector. to be appointed by this court,
have access to all the books and
records of the company. shall make fire.
quent. careful observations of the con-
ditions--at least once each fortnight
during the next six months, and at
the end OF that time shall make full
report with appropriate recommends
lions. An adequate sum 10 cover the
necessary cost and expenses must be
deposited with the clerk by the com
pany. t3) 1t shall not permit the es-
cape into the air of fumes carrying
more than +5 per cent. of the sulphur
contained In the green ore subjected 10
smelling. 90 II shall not permit escape
the air OF gases the total sulphur
content of which shall exceed twenty
tons during one day from April 10 to
October l OF each year, or exceed forty
tons in one day during any other sea.
SON"
Negligence SUFFICIENT to hold a railroad
company liable for loss of hand ha gga
Of a passenger is held not shown In the
Wyoming ease of Union =. r. r. Co. VS.
Grace. l.. r. a. lo15B. COS. by the
fact that the porter tool IL with that OF
other passengers TO remove IL from the
car at destination and placed II In the
vestibule. and that when the owner, who
was among the last to leave the car
reached the vestiblule 1t was gone
A railroad company which, having
reason TO anticipate the condition, starts
an overcrowded train from a termina'
without notice to passengers that some
will have to stand is held liable In
damages in Cave VS., Seaboard Air Line
r. r. Co, l.. r. A., 19l5B, 9l5. to a pas
senger made i'll by exposure in beint
compelled to ride on tho platform and
insulted by the conductor when ne asked
for a seat.
A guest who consents TO stay In an su.
tomobile when the driver attempts TO run
II after dark without light, along a road
with which no one In the car is familiar
is held in Rebillard v. Minneapolis. -
7. n :. Ste. NJ r. Co, l.. r. A., I9l5B
e53. TO be so negligent that he canno'
hold the one responsible for an un'
guarded excavation in the o a liable
for injury caused by the machine falling
into II.
The surreptitious inspection by a juror
of a calf and a COW alleged TO he il,
dam. In an action to recover possession
Of the calf, in which the question Of il.
maternity is an important element. /,
held ground for new trial in the cast
OF Driscoll v. Gatcomb. l. r. A., lal5B
7o2, although he states that his decision
was not influenced by his act.
Placing an inscription on a red flag I;
held in Com. V. Karvonen. l.. X A.
l9l5B. 700. not TO take II out of the on.
GRAFTON of a statute f~orbldding the carry,
ing Of red flags in parade. Nor does
the fact that a flag is the regular banner
OF a political society take it out of the
scope Of the act. MOI is the constitu-
tional right OF liberty infringed by a
statute forhidding the carrying of a red
flag In parade.
That the death of an absent person
be presumed IN less than seven years
from the date OF the last intelligence
from him, from facts and circumstance
other than those showing his exposure
to danger which probably resulted in his
death, Is held in Coe V. National Coun.
ell X. & l.. S, l.. r. A, l9i5B. 744
which further holds that evidence OF
character, habits. domestic relations and
the like, making the abandonment of
home and family improbable, and show.
ing a want OF all those motives which
can be supposed to influence men &c
such acts. nay he sufficient to raise the
presumption of death, or from which tbs
death of one absent and unheard from
may be inferred, without regard to The
OF such absence.
lhe obligation imposed on EMPLOYEES
OF railway companies to protect mas.
sensers from injury at the hands o,
other passengers is discussed by IN,
supreme judicial Court of Massachusett,
IN ~lsenberg vs.. the New Haven Rail.
road, IN which II appeared that when on.
passenger threatened to do violence I,
announcer the latter complained to the con.
ductor. While the conductor was pres.
ent the annoyance ceased, but Tho
troublesome one later again threatened
violence and indicated that he would
destroy the plaintiffs baggage. \ train,
man told him to quit |hothering the
plaintiff, but the troublomlker ordered
him out, and after he had gone the as