The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-01
NOVEL POINTS OF THE LAW.

NOVEL POINTS OF THE LAW. |
The amendment to the Federal EN-
ployers' liability act permitting an em-
ployee who subsequently dies OF an in
jury to recover damages for conscious
suffering before his death brought a
close case before the Supreme Court OF
the United Stafes In a suit against the
st. Louis. Iron Mountain and Southern
Railroad Company. In which 1t appeared
that the injured person survived more
than half an hour and the injuries were
such as to cause extreme suffering II he
remained conscious. Az to whether he
was conscious there was a difference of
opinion. some witnesses testifylng that
he would groan frequently and others
tina, he raised his arm. Tho jury
awarded s11 900 for this supposed SUI
fering and the Missouri Supreme Court
cut II to $1,000. In affirming tnc SD
preme Court of Missouri the Fedora,
Court said:
THE case Is close to the border line.
for such pain and suffering as are sub
stantially contemporaneous with death
or were incidents to 1t. as also the short
periods OF insensibility which sometimes
intervene between fatal injuries and
death. AFFORD no basis for n separate es-
timation or award OF damages under
statutes like that which Is controlling
here. The award does seem large. hut
the power. and with 1t the duty and re-
sponsibility, OF dealing with that matter
rested upon the courts below. II in
wolves only a question Of fault and is not
open to consideration here
An English correspondent Of the CEN
frdI LdW journal says that following u
decision of the Privy Council In 1855, it
mas TIL recently been the general rule
not TO award damages IN respect OF ner-
vous fright or mental injury arising
from sudden terror by
any physical injury but that principle
mas been discarded and now cases not
seldom occur In which damages for shock
are awarded. even though the plaintiff
mas sustained no actual blow or physi-
cal impact otherwise. Lately an attempt
was made to extend this still further.
Notion was raised against a firm Of car
rage hirers for damages in respect of
shock caused To plaintiff on seeing her
young brother run over by a vehicle neg
ligently driven by one Of defendants SER
wants. The court dismissed the c1se.
holding the damages too remote to he re-
coverable hv law. for though now actual
phNslcal impact Is not a condition essen
'ial 10 recovery, yet In. fright or ner-
vous shock must be due 10 apprehension
OF LANCER to the plaln,in. whereas here
Il was admittedly due to her apprch,n.
slve danger TO her Young brother
---
me decision Of the Supreme Court
OF Washington in Mathis VS.. Granger
Brick and Tile Company holds that
grown persons as well as children are
not respons'ble as to the handling OF
dangerous agencies left exposed where
the dangerous properties of the aren-
ctes are not known. The facts show
thht two boys went upon defendants
premises. where they found dynamite
caps insecurely guarded. that is, they
were III a clay pit covered by n wooden
door. which was not locked. one Of
the boys put one OF the caps Ia the
pocket of his overalls. where IL yns
found by his mother in removing trinkets
IRON MS pockets. She noticed the can
because III was bright and new and
something out OF the ordinary" but did
not dream II was a dynamite cap. She
placed IL with other things on n desk.
whore her son found II. In his at
tempting To pick 1t with "A hair pin It ex.
ploded and caused injury. The court
held that none of the intervening things
Interrupted the chain Of causation, and
that the question OF the defendants
negligence was properly presented TO the
jury.
\ boy OF ~ is not guilty of con-
t~ributory negligence II he exercised the
prudence that a child Of his age. intelli-
gence and experience would ordinarily
manifest under the circumstance
Dowlen VS.. Texas Power and L.igh,
company. Tex, IA s. W. Ga.
Case aud Comment is authority for
the following:
"When this suit was commenced" said
a counsellor of the Nevada bar. "tho
silver Mining Company was a grea,
corporation. Its stock sold on the san
Francisco stock board for $500 "A share,
with dividends of $40 a month. In It's
mansion it's directors had champaign
and terrapin dinners every Saturday
night. and. after dinner, through The
moonlight midnight. and until the hush
OF the Sabbath morn. they played draw
I poker. with blue chips and the ceiling
for a limit. They had n United state.
Senator. and an ~eN-lnited States Dis.
tr.ct Judge for the ompany lawyers
and the stockholders walked along
snuflng the stars.
Now, gentlemen Of the jury. how
are the mighty fallen. Temporal mutan,
tur nos ct mutamur in ills, which may
he literally translated. Formerly 8
lordly race horse. now a wood packin,
: Jackass.' The stock has fallen to :,
> a share. and there has been no dividen,
: declared since the dawn of creation
The menu Of the directors dinner II
pork and beans and sour beer. The,
pla. poker with white chips, with bets
limited Ia 10 cents, with every playe,
4, sqreallng for a sight all the time. The,
have struck hot water and desert san,
, In the mine. and come down Ia thi
, Jack legged, cock eyed. ragged hrccChet
= spawn OF the devil for a lawyer
:, That n cat Is within the protection o
Il statute authorizing the killing OF
r dog found worrying. woundlng or KILN,
Z any domestic animal. is held in Thurto,
+, vs.. Carter. L.R.A.l9i3c. $50.
\ statute authorizing the expulsion o
passengers who do not pay their fare
, is held In Buckley VS.. Hudson Vale
II. Co. LRA.l9l5C, 1884, not to apply II
case Of "A passenger whose effort TO pa
, is Intellectual because OF illness. In vie,
s of Il rule OF the carrier that n passenge
, must not he elected who is in sue.
feeble or helpless condition as to b
e unable to take care OF himself at tn
n point of election.
\ carrier Is held not liable for eiectin
a passenger for non-payment of fare |
Chesapeake 4 q. r. Co. w. Frien,
q L.RA19l5C. las. where he failed to e
n spond to three efforts by the conducto
to arouse him from sleep due to intoNI