The sun., 1915-03-28

providing that no sum shall be due
urlcss :he accident alone results in pro-
duCng visible external marks OF in
Jury or violence. or unless the death
results wholly from that injury Hut 1t
is further held that chance contact with
poison ivy which results I'm the spread
OF an eruption over the body and death
IL not within a provision in an accident
insuranc policy exemptng the insurer
from liability where death results from
poison taken or administered accident
ally or otherwise.
\ grandmother is held justified in
state vs. Perkins. L. Il. A.. 1854, 80, in
killing her son-in-law to prevent his
forcihle and unlawful entry into her
dwelling to gain access TO his child if
her resistance Is neither greater in de-
gree nor earlier In time than is neces-
sary; at least. where his acts are ac-
companied by threat 10 Kill her.
In n suit to recover damages Tor the
death Of a person burned to death while
Attempting TO build fire with kerosene
the Georgia Court Of APPEALS discusses
the question az to whether 1t IN negli-
gence or contrlbu,ory negligence for a
person to do so. The court says that in
order 10 sustain In the affirmative view
we would he compelled to hold that
according to common knowledge. practi-
Cally so universal as 10 amount 10 Judi
clal notice, kerosene oil IL a substance
so highly explosive and 50 dangerous
when brought into close proximity to
fire, that any person using and employ
ing II to kindle a fire would be prop
erly chargeable with tho natural injur-
ious results liable almost certainly to
flow from such reckless and negligent
employment OF so dangerous an
agency"
The court states that kerosene oil OF
the quality permitted by law to he sold
Is OF such general use IN this way that
judicial notice ought to ne taken of the
fact and az matter OF law when used
under certain restrictions that II Is on
tireiy safe. But where an article was
sold FOR Kerosene OF the statutory grade
and was instead made dangerous to be
used In kindling fires Il was thought
that not necessarily was the question
raised IN regard TO test oil being used
in this way. The court goes into dis
cussion in regard 10 a supposed dis
tinction in the cases between pouring
oil on wood and lighting Il with match
and pouring oil on a fire 10 quicken rs
burning, some courts holding the liter
10 be contributorY negligence barring
recovery while ruling that the whole
matter should be relegated 70 the Jury
Tor determination and a recovery would
depend upon evidence disclosing whe-
ther or not kerosene oil could be used
with safety in the manner the petition
alleges II was actually employed by the
deceased"
Commenting on the case the Central
Lar Journal believes that the View
taken by the court gives 10 one who
has sold something else for test oil all
or benefit he would he entitled 10 receive.
Such one after violating law IN the
interest OF public safety hardly should
he thought in a position to criticiso the
user OF an article Inherently dargerous
There ought TO he, a; least. something
OF presumption against such one
not TO he displaced except upon very
clear proof that the sal" Of the un-
lawful article was not the proNimate
cause OF al explosion resulting IN IN
jury or death
A correspondent ot th" C.Ht.di Lrir
JoWHdi IN writing OF noted English
jurists, says that Lord E!dun vino be-
fore his elevation 20 the peerage on be-
coming Chancellor was plain John scott.
made his debut in court at the York
aSsiZes. The case was an acton OF
assault Fermor vs SanStern. TWO ladies
who became emhr. led over a game oc
cards. Evideuc. proved that Miss san
stern had thrown card q; Mrs. Fer
mor's face. Miss SdrStrrus counsel OH
iectrd that there was a fatal variance
between the declaration and the proof.
the declaration alleging that the assault
had been committed 10y the hand oc 'l.
defendant. NJ. Scott. for the p'llutif.
replied In the common pJrlauce Of
the card table, a 'hani means cards
She d.d assault the plaintiff with h"r
hand of cards" Verdict for plaintlm
or Sir Thomas Egert5n who was
gifted with Qu.cH perception. THIS story
is told "A poor woman hai been 'u-
trusted with the care of a large sum Of
money by three farmers who told hcr to-
keep B, safely until they appeared foe
cether to claim il. shortly aftrrwlrd
one of them W"U; 20 h"r and. rrprr-
seutiug that ne came at ~" direction OF
IA" other Two. hr ,eiNri lh. none,
and forthwith disappeared The 'hrr
TWO brought aston To recover ia" who'll"
deposit f.gerton happened 20 be- in
court during the triID Iu Wh..h am
intimate friend drtrudrd the woman
Seeing that tn. case was going against
his friend Eger'ou volunteered 'o speak
dS amicus cur" Penn >sIuu was
granted. l;mphas szine the ,o.d F.. u ON
which the money Was lci' iu tAr
woman's care, Escrtou sad "l' = clear
thar the plain fS cannot rreulrl. hc-
cause n ls to the three appearing to-
gcthcr that ~" defendant iglccd to
d.iivr tn" money Where - the iNId .
Let h'm he produced Thu. EsrgtoU
saved the day for Wis friend.
The correspondents W,jte, that of Lord
leff, noted for hl. hcarilrs> .ru,li>.
Il is recorded Nhcu he NdS tuie" just 10.
he had witness before him whose
eNasiNe answers aroused the Judges re.
The witness Nor" an cNccedln-ly Ions
and hushy beard said .off.o}.. "II
Your conscience - as lar@c - AouH
beard Noull swear auNthins' uua-
. hashed, the witness retortcd "If Won"
F l.orIship measures cons D,ou,'~ hy boards.
your l.ordshIp has none al all
I'm the English case OF Narshtw v~
Butler. am action for 'rcspass. the IulN
found for plantfi and assessed half &
farthug damages Counsel for dofcud-
ant novel I'm arrest OF jud-mcu' ON the
ground thar no such coin a., utlr 20
faIthng existed The court ruled thai
levy should 70, Wtdr or the drfrrdarl'.s =
muNahlcS 10 the extent Of uu" egG aS
he equivalent OF the damages assessed
Where a railroad engineer apploach-
lus private stock crossing gave Sloy&
.igua'- and could not reasonably cN,",'
that a noN would ,cmau ou 'No track
until th" tram was too lose 20 Ice
stopped, tine killlus o' it MAS not rrpli-
een,c Comet vs.. rhipa2o Eurl u2 ON
aud iIIlIt,.,. IiIi'rn.td Z 'ptfb,t.. N --,,..t.