The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-14
NOVEL POINTS OF THE LAW.

The right Of person injured in a
swinging door to recover for the negli-
gence OF another customer against the
proprietor OF a store has just been
passed on by the Supreme Judicial
Court Of Massachusetts in Smith VIZ.
Johnson The court held that where
plaintiff. in entering defendants store
through a swinging door, put out her
hand to guard her face from the door,
which was swinging in her direction,
and II was crushed between the door
and the jamb. defendants were not La
bic, such door being in good condition
and similar TO those generally used,
and there being no such crowd as would
require the keeping of a doorman.
similar ruling has been made in
New York state BY the Appellate Di
vision. Second Department by a ma
jority vote. IN Pardington We Abra ham
where the prevailing opinion said
The proof showed that similar doors,
with springs OF the same or greater
strength are in use at numerous like
establishments in the Borough OF Brook
Ign and the Borough OF Manhattan.
| There does not appear to be anything
about their construction or operation to
1 make them dangerous to the customers
OF "A department store, provided ordi-
nary and reasonable care Is exercised
| in their use. That 1t is possible to use
! them so as to injure others is dem
unstrated by this very accident; but
carelessness in the use of any form Of
door may infiict injury upon one who
| happens to he sufficiently near II. No
doubt the plaintiff has been the victim
/ Of n lamentable accident but IL is at
tributable, as II seems to me, not to
| any fault OF the defendants, but rather
| to the hasty carelessness OF third
| al. Nj
duct they had no control"
The recent decision OF the United
States Supreme Court in McCabe VS.. At
Gibson. in which the constitutionality OF
the Oklahoma Jim Crow law was in
volved. Is characterized ~ a scotch
verdict by Lar Notes. which says:
"a majority of the court express the
opinion that the law is unconstitutional
SO far as 1t allows the railroad to dis
criminatc against negroes by providing
sleeping, dining or chair cars for white
passengers but not for black. BY rea-
son. however, of record errors in the
previous proceedings on tho part OF tho
appellants the justices holding afore-
said joir the other Justices In affirm
ing the decision OF the lower court The
Supreme Court decision. 1t would seem
can afford little comfort TO 'the adher-
railroads IN oklahoma will hardly fee
secure ia denying sleeping. dining oi
chair car privileges to negroes in vleN
OF the majority opinion of the supreme
Court upon the discriminatory feature
OF the Oklahoma statute"
That person who hangs his over
coat on hook in railway station
restaurant and has II stolen cannot re-
Il NfeWna
Is the rule laid down by the highes
court In New Jersey in ellison vs.. Penn
syvana Railroad Company, which re
versed a decision Of the lower cour
r for the plaintiff. and said
, The pre.ence OF the clothes tree!
may he rega rded as an invitation 10 I'M
patron 70 hang his coat upon them /
he saw NJ. Obviously they were Their
for the convenience OF the patron l
he wished to lay aside his coat whit
eating and vet not part with the con
: troll thereof That the plaintiff chos
, to do. Clearly he did not thereb!
transfer the exclusive possession of tn
P coat 10 the defendant. The defendan
had no knowledge OF the transaction
and wa not I'm any wise apprised tina
II was 20 be the bailee Of the coat o
! charged with it's safe keeping. II, o.
2 the other hand. the plaintiff had chose
n ! to part with the control OF his Goa
and to charge the defendant with IN
duties and responsibilities growing on
of the relation OF hailee he might hav
dsne so by transferring the eXciusiv
2 possession thereof to the deft ndan
o This he could have done ny requcstn
!. the cashier 90 take charge OF his coz
: as other patrons sometimes did.
IS true that the plaintiff testified tina
( he did not know o. such custom. Bu
this. We think, considering his IA
miliarity with the restaurant, merel
emphasizes the fact that the plaint
always re'ei red to keep his coat unde
g | hi, own control
3 I'm decision reported from Ma ia
cnusetts in Wood vs.. OKelley III
o court In defining luXuTies says
, The law does not recognize III
dreams, visions or revelations OF
> woman I'm a mesmegIc sleep as nece'
d sariel for a VIE, cor which the hu'
:. band. without his consent. can be hel
q to paN. These are fancy articles, who
those who have money of their own
dispose OF may purchase, If they thin
proper. but they ave NOT neceSsarl'
a known 10 the law. for which the VII
can pledge the credit OF her abSel
:, husband
The case Of state vs.. Allen. report,
IS in % Idaho. ,72, shows that couns
e for the defendant, In appealing from
49, conviction for robbery, assigned as &
, error of the trial Judge the latter
It refusal to permit him TO show tnat u
y defendant. was In comfortable circur
t. stances and accordingly there wan
=. necessity for him to rob another 10 g
M ney. The Appellate Court In rejec
ing the contention, Said
The argument advanced in suppo
e Of this assignment of error Is that po
le -rtv and hunger and want are stroi
~ !rcentives 10 crime, and especially
Al III. crime Of robbery, and that since Il
H. state had shown In this case that q
Id real crime that vas planned ana IN
ic defendants were trying to carry out "
that OF robbery. and mar detendd
o. was hard up aud broke. the defeuda
might show lack Z motive TO CONN
d tn. crime OF robbery by showing tn
II he had plenty Of money and proper
Ne OF his own and that he was not press
ID by hunger or short OF money as claim
bv the state. Counsel cite the case
Jacob w, Esau, Gen. XIV. 20, as sho'
ing what hunger will drive men to q
OF This is persuasive, and there j. an el
n ment OF merit In tho contention. b
1t would be very dangerous rule
Is adopt and an erroneous conclusion
f., reach to suppose those who are hung
az. broke are the only ones who COZ
~ nit crime the crime Of robber
or course, those who are in better 81
cumstances frequently adopt an east
n more genteel ana less dangero
. a.,l, .ft.t tlanI tnNi J.