The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-06-11
NOVEL POINTS OF THE LAW.

mental anguish suffered because OF the
company's omission to deliver a message
TELLING OF the death OF u white man, IT
being alleged that feelings OF friendship
existed between them and TINT because
OF the non-delivcry OF the telegram the
plaintiff was prevented from attending
his friends funerel and acting as a pail.
bearer. The case was Lawrence W.
Western Union Telegraph Company. IN
which judge Brown dissented from the
opinion Of the majority because OF o",Or
by he trial Judge. judge Brown said
There was no blood relationship. for
plaintiff Is a negro and the deceased was
a white man. There IL nothing In the
evidence tending to Ak the company with
any knowledge that tender and affection
ate relations existed between them. Ger
tainly II docs not appear on tho face OF
he message. and there are no circum.
stances In evidence tending to- hN defend
snt with su h knowledge. sixty similar
kilograms we're sent announcing Mr..
Riggs's death. The one to plaintiff COM
tains nothing except a mere announce
rent of the death and time of funeral
There VAS no invitation tn I've n pail.
bearer. as clsimed by plaintiff. The de-
ceased was y white man Of much promi-
hence In the business and religious circles
81 tho state. The plaintiff IL "a negro
barber OF Kinston and had been residing
there for sixteen years. II is true the
plaintiff tes'ihes that the fact that he
did not get 10 the funeral as a pail
bearer was very Grievous to my very
mind and soul u Is a wonder that h.
has survived the terrible shock to his
sensitive heart. Yet upon cr,ss-exami-
nation he admits that he worked for Mr..
Riggs when he was u boy and not since,
and Was sexton of the Baptist church.
hut has n"' resided near Mr.. Higgs for
: 4 gvat MANY years. lie admits that
Mr.. Riggs came to kinston on /, visit
and did not go near plaintiff and that
he did not, go to see Mr. Riggs. The
whole evidence shows tia plaintiff :
agony IL ~ that Kind that can only h"
assua yed by a insnyial so'atiun. VI has
o. real substantial foundation IN fact
and is manitestly manufactured for the
occasion"
Tho use to which an article ia put
and not tho nature Of the article de-
termines whether such article ~ a Ian
r.rous and deadly wes J'on under = ruling
by Judge keogh Of the ti'v Court III
: Nor walk. Conn. In a 70 ent criminal
action the defendant was charged with
having struck tho complainant with 4
cylindrical block OF wood six inches
long and three inches in jis meter The
prosecution claimed that such block vas
"a DANGEROUS ana deadly Weapon within
the meaning nf the Connecticut criminal
code. hut Judge keogh decided other.
wise. declarinS hat IL 'ha prosecution
claim was true a feather buster used
TO tickle a man to death would also
hc a dangerous and deadly weapon
Verdict for more than nominal dam.
ages for street car conductors refusa'
o, 2il,us l,tahnnf agan,nnapt Mad hN his
wife 10 ride. at the same time cailinr
him a "pago." held excessive R~art"lint
We. o;rsys Harbor Ry & Light Co, Wash
i53 rae. 4
That the husband occupied a seps rat'
room in the same house WITH his wife
during tire pendercy OF his divorce &C
ton will not preclude 4 divorce on The
theory that. he had led her 20 assum,
that the action would not he pro :. cuted-
Faulkner rs Faulkner. Wash, 1855. rae
400.
counsel-Hov do you kno~' this r.sh'
letter was forged BY Il man and no
written by the woman whose nsm. /,
signed 10 It?
Expert-Because IT contains jus
forty.eight words and a woman would
have used two more to get her money,
worth.-Americdn Legal Ners,
Railroad carrying shipment Of mules
in failing 10 sand the foor of the ca
So that the animals fell. thus incitinf
their vicious propeusities. causing dam
age. held able therefor-Blair Horse
Mule co. vs.. st. Joseph & q. |. Ry. CO,
Mo. App. $50 5. w. Al?
". S.,. ,t., ,kn ,nhh.
was a %respasse- OF Defendants private
premises would not justify defendant IL
robhing him.-Hardeman VS.. state. Ala
App, 20 So. e'e.
Exhibition OF the mild 10 the jury =!
evidence Of paternity should. IN the dis
cretion OF the court. be permitted, II /
will promote the purpose OF the ploceed
ine-State Va. Browning, Kan, To- Pac
672.
Last month. in the city 81 Washington
IN favor OF a Miss Mary Awkward,
school teacher. there was affirmed
judgment against the District OF Co
lumb!a for personal injuries due to step
ping into a depression in the street, Mis-
Awkward sprained her ankle and brok
her nip. Tin recovery was $500. ]
has been suggested that the judS men
may have included exemplary damages
awarded az a punishment and rebuk
10 counsel for the District. who in hi
address to the jury INDUCED in sewers
puns upon the plaintiffs name of vary
ing degrees OF ~atrocity. II is quite prob
able that had counsel restrained himsel
and permitted the Jurors in their oWl
way 10 do their own punning the handi
cap OF such a name as that possessed b,
the plaintiff in an action for steppirt
into n street hole would have been give
its full ps. Geological wciEht.-Bsnc
aud B0r,
A Chlcago man tells a story OF how h
. ESCAPED performing his duty ~ a citizei
, lie was bewailing IN some public plac
{ his III luck in being for 1ur
service. when q very respectable lookin
man Informed him that for a small sur
: he woul,l insure his never again bein
called upon to serve The Chicago ma
, gave what the range asked, and bcin
. consumed with curiosity To see how h
: would manage he repaired TO the cour
. whittier hs had been summoned an
2 waited. His name Was called and the
n sad figure in deeo black arose bear
ing a spotless hanIkerrhief in his han'
T The man simply said, Dead, Ho.
Honor" The Judge uttered "A few cor
monplace condolences. the man VA
a struck ON the list and he was never agai
y called upon 70 serve--Cnse aud Con
y wcn'.
Whether the liberal statutes OF rccei
/ years have given to married wons
rights which they did not former'