The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-10
NOVEL POINTS OF THE LAW.

The English Solicitors journal and
Weekly Reporter discusses u little
breeze bctween Judge Ridley and the
foreman of the jury In a suit of the
London County Counc vs.. Selfridgc. ,
Ltd, in which the court held that there
was no evidence to go before the jury |,
In favor of the defence. and directed a
verdict for the plaintiff. The English
Law Journal says:
NOW. a jury never really understands
why a case should be withdrawn from
their consideration on the ground that
there IL mo evidence They have lis
I ned all day to half a dozen witnesses.
aid how. they think, can there be N"
evidence? This Is 40 even when they
are directed to find for the defendan,
but when they are directed to find for
the plaintiff without hearing the defend
ant the case always seems to the jury
man a travesty on justice The jury
In the present case evidently thought 80.
and the foreman, on their behalf, en-
pressed their opinion. or course he
should rave been more respectful, bu.
the learned Judge had exhibited an i'm
patience to dispose OF the ease. which
made the foreman's feelings not un.
natural. Now In such a case n sIfnra-
thetlc Judge would have explained TO
the Jury the legal reason for the pro-
ceeding he had adopted. Instead Of do
i'g so his f,ordship appears To have
told the jury with some inlpaticnce that
they had mo business to interfere with
him. and ordered tho foreman out Of
court. Hut this un~sympathctic way or
treating !, Jury whose only fault was
an excessive resentment Of what APP
peared to them AN Injustice really ig-
norcs what is the common justification
for trial by jury. We may suggest,
without disrespect. that they are IN
tended on questions of fact to correct
the idiosyncrasies Of the Judge. and IL
they sometimes To encrOach on his
legal province. they are simply reviving
a time honored struggle and should be
warned off without undue severity"
>, The Central Lac Journal Ii authority
for the following
The secretary of the bar association
1 was very busy and rather cross. The
telephone rang.
-, well, what is it, he snapped.
rs that the city gas works. said
. a woman's soft voice.
: NO. madam roared the secretary.
this Is the san Francisco Bar Asso-
= ciation."
All" she answered in the sweetest OF
tones. ~ didn't miss il 81 far, after all,
o did L."
Il Case and saws that Col
A Mason. who lives in Washington county.
Maine. had "a great aptitud. for serving
h as "a juror. When thus serving he WAS
n very anxious that his opinion should he
largely consulted In making up a Ner-
q dict. Some years ago while upon a case
- after many hours trying TO agree, but
failing. he m~arshallcd the d%cinauen-
jury from the room TO their seats H.
the court. where the impatient crowd
e awaited the result of the trial. Have
y You agreed upon a verdict" inquired
tn" clerk. The Colonel arose. turning a
withcrirv glance upon his brother Jurors.
10 and exclaimed: May IL please the court
W. have not | have DIN. the best I
could do. hut here are eleven Of the most
contrary devils | ever had any dealings
with"
Payment OF money TO q deputy sheriff
TO procure immunity from future arrest
for violating the prohibition law consti-
Al tutes giving IL bribe."-Stats VS.. La
Flame, y. u, 1852 y. W. Slo.
" In 81. Louis. Sc, II. II. vs.. steele. IN
re the Supreme Court of Arkansas ,June.
Ie 1915. IFS =. W, 320I. the administrator
of a decedcut sued for damages to his
estate and to his widow and children he
- cause uf personal injuries 10 him in a
y railroad accident which We're alleged Ia
~ have been the cause II his death. IIc
actually doa from typhoid fever many
months after tho injury had been gus
t,insl. AND It Vas held that sucn death
could not l." reg ul.l as the pr"Nimate
go result OF tho accident
" The court said
an human bodies arc subject tu
weakness. disease and death, and al
though IL was doubtless true. as one ui
" the PHYSICIANS test ned, that the VITALITY
=, of Steele was ~o lowered and his system
=. So weakened by the suffering from the
:, injury caused him 10y the negligence OF
"a the railroad company that he was more
nf susceptible t. disease and less able (,
resist II than he otherwise mignt hav,
- been. still the verdict cannot BE- SUSTAINED
~ unless Their. was SOM. testimony from
D" which 1t could bo reasonably inferred
Y that his death was occtsioned by germ,
= ur disease caused by the injury or re
-, sulting from II as the natural aud prob,
~ able consequence thereof
III "Thc typhoid fever was an intermedi
he ate cause disconnected from the primary
OF ~ original injury and self-uperatinl
a., which reduced the death of deceased
ard the negligence of the railway com
ic pauy causing the injury was not tn,
pruAlmatr cause thereof. and tho cour
should have given appellants uiueteeutl
is instruction. telling tn" Jury 1t was ne
es liable for his death. This would 10y n,
e means. however, prevent a recon eIN -
nj the damages o"ctsioned by the iniur, I,
G. the time ~ the death Of deceased FROM
e. the Intervening cause
Tho orcrIus Of "A s.nSat ioudl exhibit J.
-. evidence was discussed In Thompson ',
W., Columbian National Lite lusultuy
w. Company before the Supr"u. ludici,
,'uurt of Maine. winch vaS - su.i !
~, rc'u>"r ell an accident puiu,. The PLAIN
~, TN claimed that - r'iptUtr of tur hoJ.
80 through ,u accident VS. the u,urditt
=, cause ri death, WhIl. -, Defendant con
~ t,udcd tnat - wound or IllptuIo 80
les made after death and that insured die
,o of blood poisoning due to- It pr"cNirtin
disease. The court ruled mat y Cts
' had been made out Tor the dotermiuatlu
al OF the cause of death las u juy and TIA
i'll the trial court had not abused It's ds
no cretiou IN excluding an u'"r "f tho near
Of the insured ~ dcnonstratIv" evidcnu
OF whether there had been "A rupture b,
I'D fore or a cut after death. The court said
Whether dsnonstratiNe evidence ,
his character should be admitted d,
NM pends, within well defined limits. upo
ds the discretion OF tie presiding Justice
ia And unless the discretion - abused, ~
no ceptiuns do not lie. ordinarily "a prcliu
th.pn .,II.Gfi,n - uhp'ntT fna fhtnu al