The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-03
NOVEL POINTS OF THE LAW.

Tho Supreme Court OF Illinois has de-
cided In Zion vs.. Behrons, In case AZ
fecting Zion City, that the police power
OF q city does not extend to the prohib-
itlon Of smoking or carrying lighted to-
bacco In its streets and parks, which are
spacious enough 80 that the use of to-
bacco In such places cannot be harmful
to others, or tend to cause danger 10
properly from fire.
The death Of Robert Jones, plaintiff
In the celebrated Jones County CAR
Case" which began in 1874 and contin-
ued for twenty years. Is reported rom
Iowa, where he passed away ut the age
OF IL Among the features OF the cali III
lgatlon were the following
Four calves, the market value OF when
was S2b, were the cause OF the greatest
lawsuit in the history OF American juris-
prudence The tlgatlon started by thelr
sale extended over a period OF twenty
wears was tried in seven different coun-
ties, before ia jurors, was four times
appealed to the Supreme Court or the
| state. entailing fees amounting to S'o'-
| 600 for an army Of lawyers. and con-
| cluded with a final judgment Tor Sl'VVo
and court costs, amounting to S2,Ss6'sf'
| This ltlgation--a monument TO Nhe
cost at which LEGAL redress may ne Sc
cured by a persistent litigant-is known
| AS the 'JOUtS ipuhNt D'''h -'
Jones county, Iowa
Leoal LAUGHS tells the following Here
| il a story which Baron Douse, the cele-
brated Irish Judge, cnce told IN that eN,
/ aggerated Irish "brogue" when ne loNeu
10 employ 81 was down in Cork las'
month holding assizes. on the hrst uas
ahan The mrv came iu. the officer Of the
Court said: Gentlemen av the jury we !,
taks YOUR accustomed places, " We pla2e'
And may I never laugh" said the Daroh
'if they didn't all walk into the dock
some time ago when H. II. Riley. then
of Constantine. Mich, was prosecuting
attorney. writes Judge Y. W. Donovan 9
butcher was charged with stealing co"
and killing her and selling the peer IN,
nroof was circumstantial The owner OIL
The COW saw a hide hung up ~ the men
shop which he recognized as that OF h's
tost animal The defence had MADE .
strong appeal, and the prosecuting attor
nov was prepared to make an eloquen
argument when the butchers boy rushed
: INTO court. an out Of breath, saying pa
The COW has come home There she was
! sure enough, standing AT tho owners sht
and anxious to get into the yard Fln'
.Not guilty" was the courts order u
the jury.
4 In cent decision by the Suprem
o Court GA New Jersey tho court rules Una
n there are limits to an attorneys priNilese
beyond which he Is liable for detamatoi
= The defendant, having certain cIaun
: against a corporation OF when plalhlll
4 US president. to recover deposits for dis
q charged employees who had previonsl
worked for the corporation, wrote plair
tlffs attorney letter speaking OF plhlhu
z as one Of the most cold FLOODED or mel
e charging him with provoking an ass1u
q and battery. with sending an insulting l''
tor .yylth treating his employees IKE dop
h and advising the addrossee no longer
~ accent pIaintiff as a client II was mel
" that such letter was not confined TO VI
s. matters In litigation In which the two
10 torneys were then engaged ana was ther'
m fore not privileged
The Court OF Criminal Appeals OF Tex
Al In Calvert vs.. state holds that the IL
a., PENDANT was not guilty OF an agsrfvat'
4, assault in a case wise the complalh1
~ witness called the accused mar az
81 was struck by him and as result OF u
20 blow The witness fell ana fractured
ne skull. The Court said
- 'The strikirg Of the auto or the cur
-, ing. either or both, was the result It
10 true. OF the fail. but II was accident
- and evidently not IN contemplation
nd would he straining the facts beyond al
he legitimate conclusion to hold that app
lam contemplated that he would stri
ether ttt auto Ut NV 'HA "A''rf -
n he even would fall, as the witnesses u
no tilted the blow was light
IL THE meeting seems to have been pure
or accidental and the fight came up In |
RS manner stated. The result was not a nee
sary OF intended result. but an sccide
If Under this condition of the evidence
80 are OF the opinion that aggravated
-. sauH was not in the case
nd The Supreme Court OF Illinois holds
he Uartnett vs. Boston store OF Chica
he that where defendant in violation Of
a,. ordinance sold to a minor 10 years
90 age a gun which he loaded and WI
,"e shooting al target struck and in)u
i've plaintiff who was walking In a put
rts alley. In the absence Of any showing u
the minor was inexperienced In the
OF firearms or unfit 10 handle or
F. them, or that such injury might M
cen been reas nably expected as a con
aep dueuce OF the sale, the sale was not
ala rroximate cause OF the injury
Sut Forbidding labor In a public laun
~ from G T. NJ to A. NJ Is held by
Supreme Court Of California TO be not
:, unconstitutional Interference with llbe
T., or property rights.
600 Tho case OF Granger VS.. Farrant hef
ion. the Supreme Court OF Michigan Is one
"a I the first In which a ruling J. made as
''1' liability for injuries resulting from c"o
. 40 ing an automobile on the road. The CT
-, held that the driver Of AN automobile
- overtakcs and passes another car AT Z
NV speed and returns to the right side OF
road go close to Il as 10 disconcert
not driver By striking the car and causin
less TO swerve over the embankment Is 81
z a for the injury thereby inflicted upon
H., occupants OF the car. although the
w was not sufficient TO propel the car {
'se' the embankment.
The Supreme Court OF North Caro-
be;s in putt vs. Southern Railway Conn
inst holds that where plaintiff. while sti
'nds ing at a public railroad crossing at
Ject ordinarily safe distance from a pas
train. was struck ahou, the knee by
tha' object projecting from the Side or
who train. thrown TO the ground and his
ere cut on by the wheels, defendants
ia a hnitv was fixed by proof that car
inspection Of the train would have
closed i'a dangerous character, plat
hoor not being required 70 show that he
beeu on the lookout for such an object
,apyl II was contendcd that the projeC
, no object was n loose end OF the ru
pIplng OF an automatic brake with
any iron catch on the end extending
-. three to four feet from the side
"" car near the ground Judgment
:" " plaintiff Is affirmed,
hers,