The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-22
NOVEL POINTS OF THE LAW.

NOVEL POINTS OF THE LAW.
The Court Of Appeals Of Kentucky
decided In Chesapeake and Ohio Rail-
way Company Va. Whitaker's Admins
traitor that a railroad company is not
responsible for the death of a passen-
ger whom Its conductor asked ar off,
Ger to arrest for disturbing the peace
and who was killed by the officer while
resisting arrest even II the passenger
was not guilty Of the offence charged.
since his death resulted from his re-
slstanoe and not from the act OF III
conductor. Tho court said:
IF the conductor by false and mali
cious complaint had wrongfully pro-
cured an officer to arrest whitaker I'M
doubleday he would have had a cause
Of action for false arrest. but this Is
not an action for false arrest. Even II
the conductor did everything that Is
now charged against hin and caused the
officer, without p~rovocation or excuse,
to arrest Whitaker. the admitted facts
| show that this was not the cause Of
Whitaker's death. II he had quietly
submitted to arrest and II had been
thereafter disclosed that his arrest was
wrongful and had been procured by
the conductor while acting in the
.,n,Ia 49, "a uooa cause ~
action FOR sa,.s arres, bu, Instead Of
submitting to arrest like a law abiding
citizen should he decided In advance
that the attempt to arrest Inn was un-
10 4, and thereby brought on the alter
cation in vh,ch n. Loot nj, lise"
A court ruling as to the power OF a
pubic service commission 10 require u
traction company to provide a seat Tor
every passenger carried except on ex-
traordinary and unusual occasions' mas
been handed down by the United states
circuit Court In washington IN Puset
Sound Traction Company va. Reynolds,
In winch the court holds chat the order
or the commission was "unreasonaple
and void In view OF the severe penalties
Imposed by law Tor failure to comply
herewith tn facts In the case SHOVE
that during the rush hours In the morn
ing ana evening from 81 10 ~ per cent
or the passengers we're compelled 10
stand Tor half an hour or more WINE
travelling fye or six miles. the court
said:
The crowd which pass over these
Two lines mornings and evenings ana
anu peaches on Sunoa.s enu Utility n
t,e'noons a'o W., go
nor . .ne ocesson onnna =,
nen s anu etuno III ne "
49, 90 - 80,
~ nn,e .aa,nI. a1ah, ,o,,as
nSe s.,en us'n r~ nno.aih,a
; w. AZ 10, ,naaras,ima,a ,ha dieBcuI-
efforts to furnish these facilities. TIT
; furnishing or seats Tor passengers on
? street railways Is an unsolved prob
lem and perhaps Will remain 20 as
long as a considerable part OF the pop
ulation Is habitually attracted In the
, same direction at the same time II pur..
~, az "ppeaIs III ms 80 80.
, Uno . -, a.. a., ~ e..
uuiNns ranut". ~. ow arr.
.rease : ha.nn w. ,n maosv
! ."s .n'o c. ~ -,
E Iee Saentta .rd snsc,sc and
I ~ oounany con- r.ason,hIv comn,,
cars and seats at all times and on al
ordinary occasions FOR all who may pre-
sent themselves Tor transportation IL
as already stated. an unreasonable re
I Quirement-"
E "
: road crossing not to unnecessarily o
. negligently place his horse In a position
: where II may be frightened ny escap'
OF steam or other noises necessarii!
made by engines, even operated with du'
80,
One under no legal duty TO provide
medical attendance for n thlrd person
Is held not ordinarily liable FOR calling
physician TO attend the third person u
need OF medical attention.-Greenstel
der vs.. White Hardware Co.. NO. Ia
$. W. 275.
0 -
Ordinance making Il an offence to
5 nremIt women 10 frequent pla es wher,
. ii,unrs ara kent for sale held not to in
,arsora unnecessarily with individual
,Ihar,v ~ women citizens, and to III
n ,.aIiJ Iauyhlin Us Tillamook City
oro ,.- pac. EAT.
Damages for mental anguish IN no
being able to attend a ruheral heIu no
recoverable IN an actloh against u car
rier for failure TO stop u tra'n'-Ihl'asu
X l. q = ny o. Vs. M'|e''' A'A' -
;. w 1896.
. -
I Minor children OF divorced partie
must be supported and educated equal.
? by their parents II able. and II not the,
= a.o..t.1t,. a1la bbopo yS