The Washington times., 1920-02-07

deliveries were given TO the chauffeur
by the department store people.
The damages TO which a physician
10 entitled where his car has been put
out OF commission as a result OF the
negligence OF the driver OF another
machine include. not only the full
cost OF necessary repairs. but also the
expense incurred by him In the hiring
OF another car while his own was In
the garage for repair. according 10
a decision Just handed down by .
Pennsylvania district court. or
course, In cases were a car Is not
used for purely business purposes,
the special item OF damages referred
to Is not recoverable. although an
other car II hired by the owner.
An argument for good roads that
carries with IL a sharp punch In the
way OF a substantial judgment for
damages 10 disclosed In a recent de-
cision OF the Supreme Court OF Wis
consin. In this case II appears that
when a machine went out OF the traf-
fiic path OF an old-fashioned country
road for the purpose OF letting a
tractor pass. IL struck the cement
curblnE at the end OF a culvert which
crossed the road at this point. Being
covered with weeds the obstruction
was not seen until the accident oc-
Cured. The county was held liable
In damages for the accident.
In a case somewhat similar TO the
preceding one, the car, In going out
OF the Travelled path to let team
pass, struck a large stone which was
imbedded In the road and projected
about nine inches above the surface,
causing severe Jolt that damaged
the car and injured the occupants.
Hree, too, the county was held re-
sponsible.
Some balm for motorists. who ap-
pear so often to be butts for the
ingenuity OF courts and juries in
finding grounds for holding them IL
able for unusual accidents. is found
In q recent Indiana case in which the
supreme court holds that II was re-
versible error for the lower court to
instruct the jury that machine
which is being backed creates such
dangerous situation as to require
the driver TO use "unceasing vigil
ance," and "the highest degree Of
care" The decision of the court Is
that the instruction in question i'm
posed a higher degree OF care than
the law exactS, TO VIII, tne eNtTClfS
of such care under the circumstances
as may reasonably be, expected Of a
man of ordinary care and prudence.
Since workmen's compensation laws
provide for the payment of compen-
sation to dependents only for acci-
dents which arise "out OF the course
of employment" OF the person in
volved, it Is held in a recent ruling
of the Workmen's Compensation
Commission of New York, that the
widow of a deceased chauffeur Is rot
entitled to compensation where the
latter was killed in an accident which
occurred while he was using the car
against the express instructions OF
the owner.
A pungent application OF the rule
that damages are not recoverable for
an accident which is due to the nesi!-
gence Of, or even a violation of law
by the other party, where the motor
lst himself was guilty of conduct
which directly contributed to the ac-
cident, 10 furnished in a recent de-
cision In which the following facts
appear: On a dark night an auto
mobile proceeded along country
road with dim lights. 1t ran into
the rear Of a wagon which, in viola
ton of the local law, failed to carry
rear light, in consequence of which
1t was invisible. except at very close
range. Although the automobile was