Omaha daily bee., 1920-01-18
COMP PENSAT|0N
AWARDED OMAHA
WIDOW BY COURT
Agent in Completed Gambling
Contract Accountable to
Principal for Money
Collected.

Lincoln, Neb., Jan. l7.-(Special)
The Nebraska supreme court,
Saturday. awarded Mrs. Carthine
Cassil, widow of A. c. Cassil. who
was fatally shot at the plant Of the
American Refining & Smelling
company in Omaha by one Of its
employees, compensation of $4,000
and $l00 funeral expenses, minus
$1,000 of insurance on her husband S
life already collected.
The corporation resisted payment
on the ground that Cassil was not
killed in the course of his employ
inent, but in a quarrel which started
after he had finished his duties for
the day and was getting ready to
start home.
Terrence Casey, who did the
shooting, was watchman at the
plant, and Cassil was an assistant
departmental superintendent.
Affirm Manion Conviction.
The high court affirmed the con-
viction of Wallace H. Manion in
Nuckolls county ON charge of
stealing a dozen automobile tires
from a garage at Nelson. The SEN
tence OF one to seven years in pris-
on imposed by the lower court is
also sustained.
Chief Justice Morrissey wrote
the opinion and syllabus. which
hold that the stolen tires were suf-
flciently identified by their num-
bers, that the evidence was sufficient
to sustain the verdict, and that the
receiving of the verdict on May
SO, public holiday, did not render
it illegal.
A garage dealer at Superior,
named Stephenson, was charged
with completely in the thefts as the
receiver of some of the stolen
goods. He was tried on separate
charge and acquitted. Stephenson
was witness against Mansion at
the latter's trial. The opinion says
the jury was not bound to give his
story full credence, but regardless
of whether or not it did, there was
plenty of evidence to justify the
verdict OF guilty.
Repair County Bridges.
Owners of irrigation canals are
required to build bridges across
them on public highways, and to
keep the crossings in repair; and
where they fail to do so, after being
notified by the county authorities.
the county itself may have the work
done and charge it up to the
negligent owners, the supreme
court rules.
The court so held in a suit by
Dawson county against the Dawson
County Irrigation company, seeking
to recover money which it had ex-
pended for repairs on some bridges
over canals and bitches belonging
to the company. In the district
court judgment was returned for
the county. This is upheld by the
high bench.
Upheld Market Debt.
Grain gambling contracts are not
enforcible in themselves, but where
the transaction has been completed
the agent is accountable to his prin-
cipal for money collected in pur-
suance of the contract, the supreme
court says in an opinion by Judge
Aldrich. Otherwise, it says, the
court would not aid either party.
This was the ruling in the Lancas-
ter county suit of Edwin l.. Mails
bury against the estate of Elliott
Lowe, deceased. The defense sought
to avoid payment of an account on
its books showing a credit of $2l5
in favor of the plaintiff, by alleging
that the money was due on a gam
bling transaction in grain margins,
and therefore uncollectible because
based on contract contrary to pub
lie morals.
The court says that while the law
of Nebraska does, not contenance
dealings in grain futures, and can
not be invoked to compel perform
ance of contract based on specula-
tive prices without any actual deliv-
cry of the grain being had or in
tended, when transactions of that ma
ture have been carried out the broker
through whom they are conducted
cannot escape liability to his patrons.