davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1934-07-27
Cases Different

Taking up the cases cited by
defendant in support of the de-
murrer, namely, that "such a
visitor is in contemplation of law
a lcenSee, and the owner Of
premises owes him no duty ex-
cept abstention from active
wrongdoing," I find that in every
case except the first, the plain
tiffs we're, as matter of law,
licensees or treSpaSSers, whereas,
in this case, plaintiff was an in
vitee.
The first case, L. E. Myers Co.
VS.. Logue, 212 KY. 802, was a case
in which plaintiffs decedent was
killed by a train while decedent
was on defendants land for the
purpose of collecting his wages
after termination of his employ.
ment the day before. It was held
that decedent was an invitee to
whom the defendant owed the
duty OF exercising ordinary care
that defendant owed decedent
a lookout duty" This case was
reversed and remanded only be-
cause plaintiffs recovery was pred
1cated upon an erroneous in
Struction to the jury, and the
appellage court, in reversing, sug-
geSted in lieu thereof, an instruc-
ton that was even more favor
able to plaintiffs case, and less
difficult Of proof.
The case, Pettyjohn and Sons
VS.. BaSham, 1875 Virginia 70, es-
tabliSheS the defendant in error
as being a lcensee, and not an
invitee. Basham was a plumbing
subcontractor. During his employ
ment he used scaffold erected
by plaintiffs in error, who were
the contractors on the job. It was
not necessary for Basham to use
the Scaffold in connection with
his work. The Court held that
the mere convenience of the scat.
fold did not amount to an inVi-
tation.
The case, Greenfield VS.. Miller,
173 Wisconsin 1874, comes under
the long established general rule
that where a guest is invited to
come into the premises of the
host for social or benevolent pur-
poses only, the relation thus Gre
ated is one of licensor and IL
cenSee. In this case, the plain
tiff, while a guest in the home
of defendant, slipped on a highly
polished floor which was easily
visible.
The Washington times., 1934-07-27
Duty to Invitee Fixed

AS to the duty owed to an in
vitee, the law, and the cases and
authorities in support thereof, are
clear. Judge Cooley's work on
torts, (604-60D where he says that
when one expressly or by impli.
cation invites others to come upon
his premises, whether for business
or for any other purpose, it is his
duty to be reasonably sure that he
is not inviting them into danger.
and to that end he must exercise
ordinary care and prudence to
render the premises reasonably
safe for the VISIT" is quoted with
approval in Mkt. Co. VS.. Clagett,
10 App. D. c. Is, as well as in
case of Bennett VS.. Louisville Co..
102 U. s. SIT, 26 L ed. 235, the
leading case on the subject in
which the Supreme Court of the
United States said:
The facts disclosed by the
pleadings, and by the demurrer
conceded to exist, seem to bring
this case within the rule, founded
in justice and necessity and il
luStrated in many adjudged
cases in the American courts,
that the owner or occupant of
land who, by invitation, express
or implied, induces or leads
others to come upon his prem
iSeS, for any lawful purDoSe. iS
liable in damages to such per-
sons, they using due care, for
injuries OccaSiOned by the un-
safe condition Of the land or its
approaches, If such condition
was known to him, and not to
them, and was negligently suf-
tered to exist, without timely
notice to the public or to those
who were likely to act upon such
invitation"
The above statement by the Su-
preme Court of the United States
protects any person who, by invi-
tatlon, is induced or led to come
upon another's premises for any
lawful purpose. Bell VS.. Bank (28
App. D. c. 500 holds that the
owner Of property owes an invitee
the duty Of exercising reasonable
or ordinary care for his safety,
and In Bass VS.. Southern Enter
prises (S2 Ga. A. 399, 1913 s. E.
1852 it is held that the owner is
The Washington times., 1934-07-27

pose any duty upon the owner
to protect" it is submitted that
this principle of law applies only
to bare licensees and trespassers
and while correct as to a hcensee,
is wholly inapplicable as this
plaintiff is an invitee.
In r. r. Co. VS.. Powers, 149 U
S. 43, the Court said:
'It is well settled that where
there is uncertainty as to the
existence Of either negligence
or cOntributOry negligence, the
question is not one of law, but
Of fact, and to be settled by q
jury"
And in Bank VS.. Morgolofski,
IS Md. 432, the Court, in affirm
ing on appeal a judgment for
plaintiff said:
EFT is not cOntributOry negIi-
gence not to look for danger
when there is no reason to ap-
prehend any"
The Washington times., 1934-07-27
Jury Rules on Facts

The Bennett case is the leading
case on the subject. And in tina
case, a demurrer had been fileC
and sustained to the declaration
and in reversing this ruling tht
Court said:
TT is a case peculiarly for the
consideration Of . jury Of prac-
tical men, who, under proper in
StructiOnS, can best ascertain to
what extent, IL at all, under the
circumstances actually existing,
the Railroad Company was neg.
igent in the discharge Of any
duty or obligation, imposed by
the law, and how far, if at all,
the deceased was wanting in due
care upon the occasion when he
was injured. -.
The Virginia Supreme Court o.
Appeals, in the case Of Richmond
ETC., VS.. Moore, 81 L. r. A. 26O
cites with approval the following
quotation from Buswen on Per
sonal Injuries paragraph 7O al
follows:
"Tt Is apprehended that the
responsibility Of the. owner or
occupant Of land or buildings is
the same towards persons enter
ing the premises, whether these
come upon business to be trans.
acted with the owner or Occu-
pant, or at his solicitation, or
upon his mere invitation, since.
In any Of these cases, the entry
Is BY his procurement or induce.
ment, and not by his mere &C.
queScence, or against his wiIl.'
These principles are supported
by numerous adjudicatiOns.
Nichols VS.. Washington, O. &
w. r. Co., 83 Va. 90; Davis vs..
Central Cong. Sec. 1923 Mass.
367' 81 Am. Rep. 1868; Curtis VS..
K1ley, 15S Mass. 1873; Powers vs..
Harlow, So Mich. 5O7, 81 Am.
Rep. 154."
In the Virginia case, the de-
PENDANTS had demurred to the
declaration, but the Appellate
Court, in holding the declaration
good, stated:
The chief ground Of objec.
ton to the declaration is that it
does not allege how the plain
tnf's inteState went to the park.
whether he walked or rode.
now he was there, whether as
. passenger over defendants
railway, as q icensee, or as a
treSpaSser. 1t is immateriaI how
the deceased went to the park:
whether he walked, went on the
street cars. or by some other
mode Of conveyance. The
gravamen of this action is the
negligent failure of the defend
ant to use proper care to pro-
tect the deceased from a danger
on Its premises while he was
there at the defendants in
V1tatiOn. :"
With reference to the issue
by the demurrer to the effect that
"Concealment only by darkness
Of night does not render a con.
d1tion a hidden peril SO as to inn.
The Washington times., 1934-07-27
IWayOrGLty Race Hot
/ In Brunswick, Md.

BRUNSWICK, Md, July q.
a spirited three-way mayoralty
race will enliven the annual elec-
Eiou August 6. Mayor Harry R.
Mace, Democratic organization
candidate, has two rivals for the
post he won two years ago by a
sizeable majority over two oppo-
nentS. Ernest L. Main, mem
Der Of the council and a Repub-
aican, and James Myers, ST., who
halls from the same ward in
which Mayor Mace resides, are
IN the field. Mr.. Main, although
Republican, will receive anti
organization Democratic support.
The Washington times., 1934-07-27

LCENSEE.
I. An invitee Is one sOhO is on
the premises of another for the
purpose of tr0ns0ctinR business
With the occupant thereof, or on
business in the transaction Of
wEich the building wGs used or
desiRned to be used.
2. The oUner OGOes a duty to
be reasonably sure that he is not
inviting such person into danger,
and to that end he must sxer-
else ordinary care and prudence
to render the premises reasonably
safe for the visitor.
3. IL is weH settled thot Uhere
there is uncertainty az to the ex-
istsnce of either negligence or
cOntributOTy negligence, the ques-
tiOn 10 not one of E0w, but of
fact, and to Be settled by a jury.
In the case Of Hughson VS..
George Washington Masonic Ma
tional Memorial Association, Inc.
At Law No. $4,000, an amended
declaration was filed in which IL
was alleged in substance that the
defendant owned a parcel of
ground improved by a memorial
building, Handicapped the hill on
which the building was situated
by terracing, and invited the pub
lie to visit the memorial; that de-
fendant while walking on the
grounds near the terrace fell over
the retaining wall of the terrace
and was injured.
To this amended declaration
the defendant filed a demurrer
and the cause came on for hearing
before Mr.. Justice Bailey.
The Washington times., 1934-07-27

bekAE 44AO 4O6N
lar summer recess term on tne
motions bench.
John Benney, Assistant Attor-
ney General, is about to wind up
his stay there.
Both the Hollands, Rush and
r. Stanley, are enjoying the cool
breezes at Rehoboth, and Albert
Fox is there also.
John Lewis Smith is Willing
away the time in pleasant fashion
At that resort, and former Dis
trict Commissioner Sidney Tal1a,
ferfo, now vice president and
trust officer at Riggs National
Bank, is keeping him company.
Arthur Alexander will be there
for several weeks yet.
Frederick P. H. Siddons, how
ever, likes it still cooler, and he
is taking the month off down in
Maine" He will return about
August /.
r. Regis Noel spent last week
end with friends at Rehoboth, but
couldn't persuade Mrs. Noel to
return with him. So he has re-
turned for another weekend and
will bring the Missus home with
him this time.
Harry A. Grant will address the
Norfolk and Westerns Better
Service Club at Shenandoah, Va,
The Washington times., 1934-07-27

Harry A. Grant Vance, law Ii.
brarian Of the Libraryof Congress,
is so Sun-tanned that he has even
gon in for tropical attire.
At a recent committee meeting
at the Mayflower, Mr.. Vance at
tended. wearing one of those
tropic helmets. It made him look
very cool and comfortable and
the psychological effect must
have been good. Mr.. Vance did
not complain of the weather
once.
The Washington times., 1934-07-27
LIGHTS
COOLING OFF
At BEACH
Most of the courts of this city,
Government legal departments,
and various phases of law prac-

tice here, are
represented by
personages va :
cationing at Re-
~noboth Beach.
Justices Pey-
ton Gordon and
James M. Proc
tor have been
there for quite
q W hill but
Justice Proctor
is holding court
there al one
now, since JUS
tice cord o n
has returned to
take his regu.
The Washington times., 1934-07-27
LEGAL NEWS--COURT RULINGS
Court Refuses to Throw Out Damage Suit
For Injury on Defendants Premises

Nliable to such invitee for injury
resulting from breach Of such
duty, although no element Of law
lesSness or wantoness enters into
the act or omission complained Of.
The owners duty in this respect
is an active, affirmative, or posi-
tive one, and is not limited to
merely refraining or abstaining
from injurious acts.
The Washington times., 1934-07-27

tonight, accord
ing to an item
from that city.
The club is
composed of en-
ployes of the
N orfolk and
Western rail-
way from Roa-
noke to HagerS-
town. It meets
monthly W ith
an attendance
of approximate
ly 500 members.
The Washington times., 1934-07-27

DAMAGES - NEGLI IGENCE-
NTRIB UTORY NEGLI
GENCE-DUTY TO 1NVITEE
IICENSEE.
The Washington times., 1934-05-30
Governors of States Should
Be of Presidential Calibre
By James T. Williams, T.

legislative programs formulated
and carried out by the governors
of the several States.
Unless these governors raise
up a leadership of action, State
administration will continue to
lag behind Federal administra-
ton, and the cost of government
in the several States instead of
coming down will go up. And
the more State responsibilities
are shirked, the more the Fed
eral Government will be imposed
upon to perform tasks that are
no part of its business.
Thirty-five States will have
the opportunity this year to
enter upon an era Of real prog
ress by electing as governor
one of their ablest citizens.
Each of these States holding
gubernatorial elections by max
ing a wise choice for gov
ernor can do more to benefit
their citizens than by the elec-
ton of any other official.
Under the leadership of a
strong governor, any State can
compel its legislature to mod
ernize the obsolete system of
county and local government
which afflicts nearly every
State in the Union today.
Under the leadership of a
strong governor, any State can
reduce the number of its use
less politicians, curb the waste
of the peoples. money, bring
about tax reforms, provide an
effective State police, give it's
youth more and better public
schools and its teachers better
training and a decent wage.
Presidential Training
In the early days of the Re
public, as a writer on American
government has said, 'the gov
ernor was more a figurehead
because in colonial days he
had been the Royal Executive
and, as such, the means Of
royal oppression and tyranny"
But the office of governor
has long been struggling up
ward" into the same position
of leadership that has already
been won by the President.
Since the Civil War the fol-
lowing Presidents have OBJ
tained their training and ex-
perience for the presidency in
the office of governor: Grover
Cleveland, William Mckinley,
Theodore Roosevelt, Woodrow
Wilson, Calvin Coolidge and
Franklin D. Roosevelt.
The election this year Of IS
governors of presidential cali
ber would be greater victory
for popular government North,
East, South and West than
the election of the entire House
of Representatives or Of one
third of the Senate.
Copyright. 1894. The Washington Time
The Washington times., 1934-05-30
DepOSitOr Relief
The Sentiment of Congress

Inc sentiment OF congress
CoNFEREEs ON THE BANK DEPos1ToRs AMEND
MENTs TO THE FEDERAL DEPOSIT INSURANCE BILL
WILL BE GUILTY OF RANK DISREGARD OF THE
WISHES OF THEIR RESPECTIVE HOUSES AND OF THE
PEOPLE OF THE UNITED STATES IF THEY ABANDON
THOSE AMENDMENTS.
AS the conferences between the Senate and the House the
begin is regarded unlikely that the conferees
the part of the House. where the amendments originated will
surrender the amendments
But the of the Senate the conference
mttee understood to incline toward insisting upon their
elimination.
The closed bank provsos of the bill adopted in the
House without dissenting voe the House responding the
drive the Mcleod forces which originated the
lief program.
Representative Steaga chairman of House Banking and
Currency Committee leader of the House conerees
given that he and his colleagues will fight to the
bitter end to retain the amendments in conference.
Those amendments represent the House could
have done toward the relief of deposior the insurance bill
As against the amendments written insurance bill
by unanimous vote of the House. the Senate has taken vote
small measure of bank relief
THAT VOTE SHOWED THAT THERE IS TREMENDOUS
SENTIMENT IN THE SENATE FOR EXTENDING AID TO
THE VICTIMS OF THE BANK DISASTER
The conferees the bill cannot insist upon
eliminating the closed bank section without deliberately dis
avowng the views expressed previously by large number
Senators.
We do not expect the Senate conerees to follow this course
though the personal views of of those corees
be contrary to legislation which they considering
The indications the Senate conferees attitude however
make it essential that the House should give itself
Of insurance that its views will prevail
SUCH INSURANCE CAN ONLY BE OBTAINED BY THE
SPEEDY COMPLETION OF THE PETITION WHICH WILL
BRING UP FOR A VOTE ON JUNE ii THE MCLEOD FULL
PAY-OFF BILL.
About half dozen necessary make that petition
effective They must be and will be obtained without delay
The Washington times., 1934-05-30

Calvin Coolidge once said that
"under the American system Of
government, there is no SubSti-
tute for the leadership of the
President"
With equal truth it can be
said that in the Federal Union
there is no substitute in each
State for the leadership of the
governor.
What the President is to the
people of the United States, the
governor should be to the people
of his own State. Each repre-
sents the people in their sov-
ereign capacity-in che one
case the Federal sovereignty
and in the other the sovereignty
of the State.
Raise Standards
There being no presidential
election this year, the most i'm
portant elections to be held will
take place in the 35 States
which elect governors in 1884.
Consequently, the most impor-
tant nominating primaries and
nominating conventions this
year will be those in which the
Democratic and Republican
parties nominate their candi-
dates for governor.
It is not flattering to the
vanity of some of our Senators
and Representatives in Congress
but it is nevertheless true that
progressive government in the
United States in the years
ahead will depend great deal
more upon the character of the
governors to be elected than
upon the character of the 35
Senators and the 435 Repre-
sentatives in Congress who will
also be elected.
This is not to minimize the
Importance of raising the stand
ards of representation in both
houses of Congress. Replace
ment in the Senate and House
of mediocrity with ability and of
pork barrel politicians and pub
licity seekers with legislators Of
character and at least touch
of craftsmanship would benefit
the whole country.
But the comparison is made to
emphasize the imperative neces-
Sity of raising the standard Of
administration of government in
the several States.
This must be done If the lead
ership of President Roosevelt is
to be reinforced by the CO.
operation of State governments
in making government more re-
sponsive to the public will and
less expensive to the public
purse.
With the adjournment Of the
present Congress, the greater
part of the legislative program
involved in the New Deal will
have been enacted into law. The
extension Of the New Deal will
depend in great degree upon the
The Washington times., 1934-05-30

riage and sometimes after mar
riage. But burying herself in
a business office is not always
the modern gals idea of max
ing a living.
Take "modeling," for in
stance. What could be Sweeter
or more exciting than dolling
up in all the latest and loVelieSt
clothes and parading around a
smart shoppe before the admir-
ing eyes of its fashionable
patrons'
But a more recently popular
way of both getting the lime
light and making a living is by
means of the lawsuit.
There is, first of all. the
"heart-balm" suit. Almost any,
: thing can break a woman'S
heart, If it happens to be that
kind. If a man has dared to
sign his name to a few post
cards without wedding-ring iL-
tentions; if he has called her
his "baby doll'' after the third
drink; if he has driven her
about in his car and bought
her a ham sandwich but baked
at being her meal ticket for
life, he had better watch out!
The Washington times., 1934-05-30
District Legislation
The House Bends the Knee


The House of Representatives able perform Con-
Stuona function of egang for the District Monday
ONLY BECAUSE IT YIELDED ABJECTLY TO THE DE-
MANDs OF ONE MEMBER.
Citizens of the District will rejoice that at last the House
able to give consideration of local bills the
calendar but they will also give serious thought the
arrangement under which that action possible.
In order to block the consideration of bthe old age
pension bone member has heretofore able and will
ing to sacrifice every other legislative proposal for the Ma
hona Capital.
only because the House surrendered right to con-
slider the old age pension bill that this member on Monday
kindly consented to let the other members of the body
slider other bills.
Probably the surrender of its rights by House was
worthwhile from the of the District because after
the surrender twenty-five local bills were passed.
BUT THE QUESTION NATURALLY ARISES AS TO
WHETHER OR NOT THE HOUSE SHOULD THUS BEND
THE KNEE TO ONE OF IT'S MEMBERS WHO YIELDS
THE POWERFUL sCEPTER OF ABUSE
The District scarcely be said be obtaining the wis
dom Of the 435 members of the House in its legislation when
member dictates what shall considered and what shall
not
Yet the Constitution designed to give the National
Capital the legislative wisdom of the whole House and the
Senate.
The House may proud of having passed twenty-five local
bills in about two hours but it hardly proud of the fact
that accomplished this only the suferance of one of its
members.
The Washington times., 1934-05-30
The Human Side of the News
Sir Philip Gibbs Sees Receding Millennium
By EdWin C.. Hill

Sir Philip Gibbs, profoundly
affected by his four years as a
correspondent at the front, in
all the mire and gore of the
Great War, reveals, in almost
every form of his writing, his
somewhat mystic and melan-
choly outlook upon humanity.
Melancholy, but not without
hope, though he does give us
the impression of one Straining
his gaze at receding millennium
But always about this English
writer there is a certain sweet
ness and sanity and soundness
that earn the highest respect.
These comments are inspired
by his recent article in the
London Sunday Chronicle, an
article strikingly captioned:
'ThiS is My Religion. IT
suppose" he begins, what hu-
man nature is really trying to
find, in it's eternal quest for
happiness, is some system of
government and society which
will give. to every individual a
full and fair chance of develop
ing his personality to the ut
most; by interesting work and
not too much of it, by security
for himself and his family and
his fellow humans, by a decent
minimum of comfort, and by
liberty of thought and action"
It is in that library Of
thought of action, Sir Philip
holds. that the individual has
his best chance of adventure
and delight; of becoming
aware Of beauty, Of penetrat-.
ing further into knowledge,
getting more mastery over him.
self and. his surroundings,
reaching out to everything in
life which is worth having for
mind and body.
Mystery of Truth
On the other hand, he points
out that the more knowledge a
man has, the more elusive be-
comes the mystery of truth.
All that We can hope for,
in this oed of Sir Philip
Gibbs, is the minimum Of
chance of happiness, and that,
surely, is the divine right Of
every individual life utterly
denied now to millions of hu-
man beings because of the
greed, the cruelty and the
stupidity-above all, perhaps
the stupidity-of those who,
hold or claim the power of.
shaping mans destiny.
And the world, according to
the philosophical Sir Philip, has
still the chance of so shaping a
new order out of this present
chaos so that there will be less
inequality, more security for
the masses, a revival of prosper.
ity more widely spread, and a
broader, kinder sense of human
companionShip among all ma.
tons and races. And Sir Philip