The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-15
NOVEL POINTS OF THE LAW.

proceedings by the Peoples Ice and
Coal Company to determine whether tho
company was liable under the peculiar
circumstance ~ the case. 1t appeare /
that n driver for the ice was
required to follow a fixed route. in SUBJ
stantial disregard of weather conditions.
though permitted to seek shelter in times
of necessity. When q severe rainstorm,
accompanied by lightning, was in Prog
ress he left his team and went to n tall
tree just within the lot line, either for
protection or In the performance of
his duties soliciting orders. Lightning
struck the tree, and the same bolt struck
hin and he was killed. II was held
hat the evidence sustains a finding that
the death of the decedent was the result
or an accident ARISING out Of" his en-
ployment within the meaning of the
workmen's compensation act. 1t was
specifically decided that for AN injury to
be one arising out OF employment" with.
In the meaning Of such act 1t neei not
have been anticipated. nor need It or
dinarily be peculiar to the particular
employment In which the injured en-
pioyee was engaged.
A carrier is held liable in damages In
the south Carolina case of K.lkerson vs.
Atlantic Coast Line r.. Co., l.. T.. A.
l9l5C, 66i. for failure to comply with
the promise to see that n pas
senger IL awake in time to leave the
train at his destination, which will lie
cached in the night. where he Informed
the ~conducto that because of wee rncss
ne feared that he would not be able to
Keep awake and requested the conductor
10 assist him to leave the train,
a surgeon is held not liable in The
aiIchlshn case OF Miller VS.. Toles, l.. n.
a. i'lo'. o9o. for the loss of a patients
root where. at the time he was called
to the case, amputation was indicated
because he tried a remedy known and
approved by the profession, though not
generally. which had in some instances
achieved remarkable results in similar
cases, but failed in the case - which
he was called, 80 that amputation was
finally rcsorted to.
y PEDESTRIAN and an automobiles ha We
equai rights In the street. states Ernest
l.. DAVIS In Case aud Com ent This
ule applies not only to crosswalks hut
also TO any point In the street where n
pedestrian may wish to go. IL applies
with Ike force where IN is deposited by
n public conveyance at a point In the
street not located on the crosswalk. and
where he crosses ~diagonally from one
side or the street TO the other.
Thls rule OF equal rights applies also
In behalf OF blind persons. lame persons
and children. All parties using a high
way must exercise reasonable care the
pedestrian to prevent injury to himself.
the operator to prevent accident or IN
jury 10 Others. The duty OF the opera
tor 10 th, -. a.. @t-. "
imposes on the driver Of a team, except
that the greater speed calls for greater
waichfulness. Greater care is required
OF the operator at street crossings and in
the more congested districts tina in the
less ~obstrIcted streets in other parts OF
the city. And where the peril OF a
pedestrian is discovered by the operator,
n new duty arises 10 exercise all rea-
sonable care 10 avoid injury.
Negligence. IL any. In driving upon the
highway with a mule known TO be afraid
OF automobiles. II Is held in the Ar
kansas case OF Butter VS.. Cabe, l.. X. \.
1880. 702, will no, preclude one from
holding the driver OF an automobile la
bic for injury due TO the fright of the
mule. II he might. after discovering the
danger of the driver. have prevented the
Injury by the exercise OF ordinary care.
The Supreme Court OF Alabama has
decided a an agent selling news
papers In that state which are pub
lished outside the state IS within the
provisions Of a local law forbiiding the
publication OF liquor advertisements,
Commenting on the decision the central
Ldw Journal says:
newspapers published anywhere and
every where are supposed TO he aware
OF the requirements OF morality. but
they are not supposed to lc aware OF
local LEGISLATION IN another state IN fur
,herance of local policy. AMI il does not
seem jus, nat a metropolitan concern.
like "A newspaper. observing all local
laws In its publication, should be barred
from selling its copies abroad because
the purchaser thereof is not abb" 70 treat
them as merchandise. the purpose he has
In view rs a purchaser
Writing In Case and Comment of
steamship salvage cases George l.. 'dn-
field of Detroit says that occasionally
n messenger may he the sol" salvor. ~
In the Great Eastern, . Asp. Mar /" Cas-
liS. Thts ship was in her day the
|larces, os tn, Atlantic passenger steam
ships. During a Noyage IN Serttinper'
1861. her rudler was isabled and she
lay quite HELPLESS In the trough OF the
sea for several days. All the devices OF
IN. master and engineers failed 10 steer
her and her situation became very
dangerous. Amung the passengers was
"A civil engineer who then propose a
plan OF his own and Il WAS adopted
by the master with the result that the
ship successfully reached port. The
court awarded fhe passenger Sli,ooO,
Bu, this case would not warrant any
general rule that every passenger VINO
assists IN accomplishing the safety of
his shin will be treated as u sllvur,
one essential element of salvage SER
vice ~ that Il is voluntary that is,
outside Of what one Is bound to do.
Now, NJ "a a certain point, the mari
time law requires passengers 10 work
for the safety of the ship II a common
danger arises In such a situation,
where all are in peril, 1t becomes the
duty of each to render al! the assist
auce 10 CAN.
Practice IN salvage cases. writes Mr..
Canteid. occasionally brings one In
contact with some of the very
primitive notions of law one o!
tntS, IS inc ltl'i llil tut HllItT OF
wrecked property becomes its owner, or
that such property Is subject TO APP
preparation by the first occupant. There
are probably few shipwrecks which fan
to occasion applications of this theory.
The ncichborhood takes what II ran and
is usually sincere in the belief that II
has the right to do so. The oldest sea
codes contain drnunCiatious of tho
practice, but il was not considered
n,.r,1n,,gEI1. 10, 4, a r1t, a,y- - 49,