The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-28
NOVEL POINTS OF THE LAW.

~ p" '''i dNfiiiFN f"' WIZ ~ '''N''
there was elimination and rccrimina-
ton. the wife Ming a cross bill which
caused the court TO remark that tine
most important part IL her allegation
about his realty and personal property
and her demand for a%limony." The
court said
ut Is of TO moment that We recite the
testimony. although II has been carefully
read. 1t IL enough to say that 1t is ip-
parent that the plaintiff wanted a
housekeeper and that defendant wanted
not only a home but a considerable part
" the PLAINTIFF property. THIS, taken
together with the friction between The
defendant and the children, constitutes
he real essence OF the case. Neither
party is without fault. The ease pre-
scnts no equitable aspect. The MAJ
rage contract ought not to he To-
graded to the level If a mere barter
nor ~rcscinded as ono would a sharp
trade OF scrub horses. The proper sold
ton OF the case is that neither party -
entitled to relief
Commenting on the decision the Tcu-
frdf Law Journal says Ought not al!
trial marriages receive the sort of dis
position this case has received and whou
we reach this point ought not the prtnci-
pie to be extended 30 that IA" same in-
volatility should 10 fastened on mar.
- 49, ~ Wv y ~ ~ : " ~ Nv u
IL deliberately entered into? Especially is
this not true when children como into
tho relation and hav rights, which civ
fi2ation should protect not outstanding
the Inconvenience. disappointment br
even dbject misery Of the principals -
the contract" ought not 4 married.
couple seeking n divorce he required to-
show and by other testimony han tn n
own. as a condition Of y decree for d.
Nnrra haing urpns.1 fh.s t',ig l.,t.A %.
the interest and not to tho detriment Of
offspring!
After a motorman has passed a
pedestrian on a street crossing in safely
with the front end Of his car he can
not he held to have knowledge Of any
danger she assumed by changing her
position.-Wood VS.. Los Angeles Ry.
Corp, Cal, 1873 pac. 6s.
Ia Klein VS.. knights and Ladies of
Security. in tho supreme Court # wash
ington ,15i pac. 2ilJ. it was held that
in an action upon "A life Insurance policy
wherein the defence OF suicide was inter
posed. evidence Of statements by Insured
shorty before his death that he intended
to ommlt suicide was admissible.
That liz my opinion. Twenty-Five dol
lars. please"
81 got the same opinion from another
lawyer and he charged me SIS"
I'm. You had no confidence IN AIM"
"No-no.'
But you have IN me-"
"Nes-ycs.'
"rrecisely. our opinions are the
same. but the difference in the cost Is
twenty dollars. and TO have confidence
IN VnAr pas. l.. u.lt Vsnrft ua, .1.f
lars. This war in Europe il n terrible
afair, is II ut"'-Ld,cyer and Banker.
The owner Of a vicious dog may keep
II to protect life and property. but is
strictly accountable for any quen-
t'al harm to another.-Tubbs VS.. Shears,
Okla. 100 rae. $40.
A husband who on one or two occa-
sions spat nj or on his wife is not
guilty OF the matrimonial offence Of
! cruclty.--Calichio VS.. Calichio, y. j.. os
All. o5s.
The Supreme Judicial Court OF Massa-
| chuset,s In ,iearing VS.. Berkson held that
a wife who, acting as her husbands
agent. purchased pork chops from the
defendants under an implied warranty
| VI Nllt ~ WHEREAS AIiFN NfTf III Ad'l lll-
wholesome and she was made sick with
her husband. cannot maintain an act on
| against the dealer on the theory that
such an action may be maintained on q
false warranty, as there was no con-
traCtual relation between her and the
dealer. and an implied warranty of fit-
ness does not run with the goods. The
court held. however. that tho husband
could maintain such action. and affirmed
a Judgment in his favor, while reversing
that obtained by his wife.
case and Comment says tina, in west
eru Georgia. a jury recently mot to IN
uuirc into a case 81 suicide. After sit
ting through the evidence ;hs twelve men
retired ard after celebrating returned
with tao follow 'nc verde,
The jury are al Of one mlnd-icm-
p~orarily insane
The rule that an injured person must
use ordinary Gtlis-nc" to effect a cure
and minimize tho damages does rot AZ
feet an injured Messenger after ono I'M
successful operation to submit 20 u MAJ
JOY operation to redu"c the damages
caused by the carriers neg igcuce. IN
der "A ruling 10y IN, Suptern" Court Of
Montana IN Freeman ". Chicago. MI
waukce and -, Paul Railway,
Where defendants agent used Over
telephone Insulting sc 50 PLANTER
an employee. telling h.n io go TO ny,l'
y dissatisfied with work given, p|laintift
having shown 10 actual damages, can
not recover punitive damages under the
laws Of Missouri. wnerc the incident oc-
CURED Western Union Telerraf,h COM
pany vs.. Jennings. Mjss,, :" -. $50.