New Britain Herald Newspaper, April 25, 1914, Page 11

Second Section NEW BRITAIN HERALD. [fwrex NEW BRITAIN CONNECTICUT, SATURDAY, APRIL 25, 1914. Interesting Law Cases Called From Docketsof Upper Courts Owner of Place of Entertainment Must Have Place Safe for Public Use and Must Warn Public of Any Dangers. Murder By Stabbing Causing Pneu- monia. A stab in the back which pierced the left lung caused one Miller’s re- moval to the hospital. Two days thereafter his temperature shot up, his pulse became rapid, and pneu- monia developed, which caused his death a few days later. His assail- ant was convicted of murder in the second degree, the jury finding that the disease was caused by the wounds. Bxpert testimony showed that pneu- monia is caused by a bacillus or germ, known as pneumococcus, getting into the lungs from outside, either by in- halation or by infection through a wound. The supreme court of Minne- sota, in State vs James, 144 North- western Reporter, 216, in discussing the evidence said: “We, have given careful consideration to the evidence, and reach the conclusion that we ought not to say that the verdict find- .ing that defendant caused the death of Miller is based on the mere possi- Lility or probability that the bacillue reached Miller’s lungs through the wounds inflicted by defendant, or upon conjecture. We have already men- tloned, in the statement of facts, some of the conslderations that lead us to reach this conclusion. Miller ex- hibited no signs of having inhaled the dreaded ‘pneumoccoccus, before forty- eight hours after defendant's Knife “The Hotel of American Ideals.” Hotel WASHINGTON, D.C. New-—Fireproof. - European Plan. Pennsylvania Ave., at 18th and H Streets, within walking distance of shops, theaters and public buildings. Overlooks the White House. Rooms, detached bath, $1.50, $2 up. Rooms, private bat]l, $2.50, $3 up. Restaurant a la Carte, Palm Court, American Indian Grill; Tea Room, Grand Pipe Organ, Orches- tra. Write for Souvenir Booklet, with Map. Ask for special itinerary for Bridal Couples, Conventions, Tour- ist Parties, Schools and Colleges. Clifford M. Lewis, Mgr. } big opened a hole in his windpipe and | rierced his left lung. At the time of the assault he was apparently in| robust health. While it must be| conceded that it is not impossible that ; he had inhaled the germ, the coinci- dence is remarkable that the symp-| toms of ‘pneumonia should develop only after the stabbing, and at about | the time they would be expected to develop had the germ been introduced futo the lung on the blade of defend- & ©» knife. The fact that the disease 8t cked the wounded lung only is en- Htled to weight, as is also the absence of the chill and the feeling of lassitude which are crdinarily the preliminary symptoms when the germ is inhaled.” Defense to’ Removal From Office. In State vs. Baughn, 143 North- vestern Reporter, 1,100, it appeared | that the mayor of an Iowa town par- took of a beverage on a certain even- ing to such an extent that he ren- dered himself subject to removal from | office on the ground of intoxication. | Of this state of affairs he was ap- prised by an attorney, who, on the following day, threatened = removal proceedings, but before they had been begun he resigned, whereupon the town council reaippointed him again to office. Removal proceedings were then instituted because of the intoxi- cation of which the mayor was guilty before resignation. The supreme court of Towa held that the council's maneuver in reappointing him to office could have no effect upon-the removal proceedings. Evidence of Habit. ‘What is the rule in regard to one’s habit to do or not to do a particular thing as evidence of whether the thing was done? In Chabott v. Grand Trunk Railway company, 88 Atlantic Reporter, 995, plaintiff was run over and killed by defendant’s train. He was walking in the center of the track at the time, and the question subse- quently arose as to whether he had used due care to look and listen for the approach of cars. To support {hts contention, it was sought to intro- woe in evidence his habit to look and Hsten under such circumstances. The supreme court oft New Hampshire, in disposing of the question, said that, while it is not admissible to show general carefulness, yet “evidence of this_character has been ‘zdmitted to show whether the person did or did not do ‘a particular act at the time in question upon the ground that a per- son is more apt to do a thing in a manner in which he was in the habit of doing it.” The Ascension of Smith. The stage setting for this little drama, or rather comedy tragedy, according to whether one is looking from the point of view of the gaping bystanders or the unhappy Smith, happens to be primarily the race ! track of a county fair grounds, and { incidentally the air and atmosphere ;in the neighboring vicinity. A bal- { loon ascension is the proximate ! cause of this report. Smith was at- tracted to the above-mentioned fair | grounds, where it had been adver- | tised that a balloon ascension free of | | charge would be presented for the ap- proval of the general public. The balloon was placed on the clear space of the race track for the performance of the preliminary details preceding ' | her. the ascension, where it became so restless and uncontrollable that the pverformer in charge was forced to solicit the aid of the bystanders in holding the obstreperous article to its moorings. Smith, among others, re- sponded, taking hold of the designat- ed guy ropes, but on seeing the bal- loon continue to perform graphic imi- tations of Eva Tanguay, doubtfully withdrew his services, as by this time his pedal extremities were becoming a little chilly, or, in street language, he was getting “cold feet.” Too late thoughj now, for the balloon with one leap, jerking a rope around Smith’s sturdy left foot, shot like a rocket towards the sky, with Smith going toward heaven feet first. An action ‘at law injury, which proved to be mostly mental. Smith was nonsuited at trial, but the . supreme court at North Caroling reversed the judgment, and in'its opinion saiq, in effect, that the owner of a place of entertainment, such as a fair association, was charged with the obligations of knowing that the premises were safe for public use, and of furnishing hdequate appliances for the prevention of injuries which i might be anticipated from the nature of the performance, but he is not an insurer of the safety of those at- tending the exhibition, though he must warn the public against dangers that can readily be foreseen. Husband As a Visible Means of Support. A conviction of vagrancy was re- versed when the court of appeals of Georgia reviewed the case of Brown V. State, 79 /Southeastern Reporter, 1133. It'appears that the accused was a married woman, but it seems that her husband was not properly supporting her. The court held that she had that “visible means of support,” the al- leged absence of which was the ground of her conviction. In dispos- ing of the case, it was said: “It is punishment enough for a woman to espouse a man unwilling to support Certainly she is not to be classed as a vagrant merely because she re- lies upon compliance by her husband with the obligation imposed upon him by law. Married women are often compelled to supplement the income which the ostensible head of the fam- ily can earn; but they do this from'| stern necessity, and not because the law compels them to do it. present state of the law, the burden of supporting the family falls upon the husband, in return for which the law crowns him with the proud, but sometimes meaningless, title of “head of the family.’ If he would wear the crown, he must bear the burden. Some day all this may be changed; but we are dealing with present-day law, and ‘sufficient unto the day is the evil thereof.”” Untruthful Antenuptial Protestations . of Tove. Love and especially avowals of love are usually matters of confidence ex- cept to those beneficially involved. Often it may be evidenced by facial expressions or by disregard of rain or cold, but,.even so, courts will not recognize untruthful protestations of it as a matter of which they are to take cognizance. In the case of Schaeffer v. Schaeffer, 144 New York Supplement Reporter, 774, the court dismissed a complaint for an annul- ment of marriage. From the com- plaint it appears that the complain- ant met the young man at a dance. He called at her home about, twice a week and they went out for walks and strolls. The young man insisted upon their marriage, and said that he had fallen in love with her at first sight. After about two months they were married, and later he told her that he did not lové her, never did love her, never intended to love her, and ! insisted that she should get a divorce from him. The court says: “The case is a cruel one on its face; in was instituted for the! In the| Our Folks Use A Glenwood “You would if you knew about it . The Range that ' Makes Cooking Easy” A Glenwood Coal or Gas Range for cooking, and & Glenwood Parlor Stove, Furnace or Boiler for heating ‘means solid comfort and less fuel, turbance of the judgment of those who are fathers of daughters. But I think we have not yet arrived at a legal stage which requires an annul- ment of a marriage because one party or both parties were untruthful to tions of all-consuming and undying love., Marriage is yet a status on which depends the idea of a family, and on which, in turn, has arisen the structure of civilization as we know it - 3 Imputed Negligence. Clover Creamery Co. v. Diehl (Su- preme Court of Alabama) 63 South- ern Reporter, 196, presents a new twist to the question of imputed neg- i ligence. It appears that Grace Diehl, ia three vear old infant, was serious- |1y maimed by the dangerous, alluring | machinery of the creamery around which she was accustomed to play, and that her father was manager of he creamery and knew of her habit of playing near such uncovered ma- i chinery. The questions arose: Was the father’s negligence in allowing his ! daughter ' to play about the danger- ous machinery imputed to his three {vear old daughter; could the cream- i ery company in’this case excuse itself { by setting up the negligence of its ser~ y vant, the manager of the creamery and father of the infant? The court in brief held that the contributory neg- ligence of the father of a three year old child is not available as a de- fense to an action for injuries re- ceived by the child; a corporation is liable for injuries to the child caused by the negligence of {ts. manager, even though the manager was.the child’s father, since the child is not responsible for the negligence of its ' parent. ' Executor Liable For Libel By Testator i A case of first impression is always of more or less interest. The case of Harris v. Nashville Trust company, 162 Southwestern Reporter, 584, is, by fact, cruel emough to tempt a dis-| the supreme court of Tennessee, | treated as being such. Suit was brought by plaintiff against the ex- ecutor of one R. H. Woodfin on ac- count of libel against plaintiff con- | | tained in testator’s wlil. The declara- | { tion averred that the testator in his each other in their mutual protesta- | will, out of malice, and with inten- tion to defame plaintiff's reputation, referred to her as an 1llegitimate child. The court held that there was no reason why the action should not | lie. “It is libelous per se to charge one in print or writing with being il- | legitimate. No more effective means of publishing and perpetuating libel can be conceived than to secure the ! inscription of such matter on court | records, as by probate of a will.” The | court, in answering the contention that the action abated with the death of the testator, said: “The right of action here asserted never had any existence during the lifetime of the ! deceased, Woodfin. It did not accrue i until the publication of. the libel made 1y the probate of the will after tes- tator's death. 1If. as insisted by the j counse! for the executor, there was a publication of his libel during Wood- fin's lifetime by dictatton of the will to a stenographer, still this is not the publication complained of in this suit, The suit is founded on the republica- tion of the libel by the probate of {the will. * * ¢ So the tort upon ! which this suit is based was not com- i mitted until after the death of { Woodfin. This right of action arose after Woodfin’s death, and could not have been buried with him The case therefore falls without the let- ter of the old rule.” , The court re- manded the case to be tried on this theory, and says: “If rellef be de- {nied to this plaintiff in this suit, she i1s indeed in bad plight. There is no other way in which she may vindicate {the virtue and integrity of her moth- ler and establish for herself the posi- ition in soclety which she is entitled ! to occupy. It cannot be said that the law affords no remedy for a wrong {such as the one perpetrated by this | M. O. Baker Will Complete Concrete testator.” CONTRAOT AWARDED. offered to do Baler * struction company work for $2,489, Lasher's bid was $1,92 This work, for which M. 0. B has been awarded the contract, © of | sists of concrete steps, pavement, taining walls and coping. These {only a part of the improvem ed the contract, his price being $1,5690. }whh-h e g . i planned and when the work is o pleted the city will possess a beau ful spot of which its citizens may | | proud. and ‘Work at Summit of Walnut Hill Park. Concrete work at the summit ‘Walnut Hill park will be completed by M. O. 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