The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-05
NOVEL POINTS OF THE LAW.

utDdttu III ftTll1 ~ Suite extent. In
times of peace the patient usually wants
the bullet as a curiosity, while II the
surgeon has his way he will keep 1t to
illustrate his operation. either publicly
or In private. In the case of n wounded
soldier a Judge has decided that the
bullet lodging In his body il his property,
because before 1t reached him 1t was
subject to the ownership of no one the
enemy having relinquished claim by
sending II forth on its errand OF de-
struction. This question Of no owner
ship does not give the surgeon who ex-
tracts the bullet any right to II. even
If the wounded soldier at the time should
he unconscious and unable to assert his
lain Should the surgeon nevertheless
retain the bullet extracted from him. the
soldier has a good cause for damages
against him.
Other jurists, however, assert that the
enemy does not lose It's ownership after
the firing OF n bullet that ammunition
belongs to the State, and not to the
Individual soldier. Whoever comes out
victorious in a battle has n right to all
the ammunition that has been fired
which can he recovered from the
wounded or dead.
a Philadelphia police Magistrate was
called on to decide the ownership of "A
dollar bill which was found in the street
by a negro and claimed to have been lost
by a white man. After hearing the
story of each claimant the court said:
81 believe the dollar belonged to the
white man. but since the negro found
1t he Is entitled to a reward. | there
fore decree that each take so cents and
call 1t a days work"
n IN N,axal IHn1itgh IAAGgtaV, K,taV SO
ported II appears that "A jeweller who
was discovered in his shop tied hand and
foot. with his safe open and empty.
pretended to the police that he had been
robbed, but afterward confessed that
he had done so In the hope hat the
police o make a report by which
he might obtain the policy money on
his burglary insurance. He made no
claim from the Underwriters II was
held in Rex V. Robinson 1851 . X. b.
3i2, that upon those facts he could not
be convicted of an attempt to obtain
money from the insurers by false pre-
fences. as what he did was merely prep
aration for the commission OF the crime
and not a step In the commission Of
1t though II was said that II he had
mad a claim Of the money from the
underwriters or had communicated TO
them the facts OF lie pretended burglary
upon which a am was to be suisse
quently based he clearly could have been
convicted Of al attempt to obtain the
money.
\ medical man or a person assuming
10 act as such. il is held in state 70.
Lester. l27 MINI. PSI. l49 y. W 297,
viii he held guilty OF "~culpHbl, neEli-
gence," within the meaning Of Gen.
stat. 1913, sec. S6l2. sub-div. 3, detin-
ing manslaughtcr in the second degree.
Is homicide committed without design
20 effect death. by any act, procure
ment or culpable negligence" not consti-
tuting "A higher crime. where he has eX-
hibited gross incompetency or inatten-
ton or wanton indifference TO his pa
hent's safety.
The benefit accruing from a policy OF
life insurance upon the life Of "A mar
ried man. payable upon his death to his
wife, canning her. IL held in Filley W.
Illinois l.. lns. Co. 81 Kan. 220. 1871
Pac. 1913. to he payable to the surviving
beneficiary named. although she may
have years thereafter secured a divorce
from her husband, and he was thereafter
again married to one who sustained the
citation of wife to him Mt the time of
his death.
case and Comment l. authority fol
the following The case VAS reached
on the trial docket. and just as The
Judge took his seat one of the lawyer,
walked up to the opposing counscl and
said to him You agreed to 50 and
so" The latter replied Il did moi,
T~hereupon the first lawyer anGrily
asserted in audible tones that his OPP
punent was "a damn liar go and T.,
latter shook his hst In the face OF his
acCuser and said that he was "A damned
scoundrel ." Here the court interviewed
and blandly said Nov. gentlemen,
since YOU nave thoroughly identified
each other TO tn" court you will please
proceed with the case
A person who attempts to rescue one
who has been put In peril by the negli-
gence OF another may recover for in
iuries sustained In attempting such rest
cue hut in the absence Of negligence
there Is no iability.-Taylor Coal co.
w. Porter's Admir-, Ky. l75 :. W. 1914
Cruelty" within the divorce law.
where there is no personal violence,
must be such misconduct as viii impair
the health or create "a reasonable APP
prehension Of bodily harm-Humber
vs., mo MISS. o. 20. lhl.
A jealous husband who made his wife
unhappy and wrote an anonymous note
indicating that he thought his wife was
unfaithful held not guilty Of extreme
cruclty.-Elliott VS.. Elliott, Del, 20,
All, 963.
The State BOARD OF Agriculture. being
engaged solely in discharsiug a gov
orumental function in engaging an avl.
ator TO give flying exhibitions. is not
liable for injuries caused by the uegli-
gence OF it's. members. gents or OH
GERS Morris vs., MacLarcn, WIS. 1872
y. W., AS.
Where accused was in no way harmed
by the jurors sleeping in adjoining
rooms and requesting the hellboy To
bring them lcewatcr he was not enti-
tied to a new trial on that ground
state VS.. Trull, y. C, IS S, r, 1873.
In Malchnw VS., City of L.eoti i'm the
supreme Court Of Kansas ,June, 1915,
l49 paC, $50, L was laid down that
the defendant city had no right to per-
nit its streets to be occupied b, "A
merry-go-round, cable, engine, tank,
baby rack, fuel and guy ropes and such
distractions constituted a public nui-
sanCe, rendering the city liable to a
person injured thereby uni, So so care
less AS to he held responsible him