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Opinions in alr Volume 31

March 27, 1923. The opinion of the Court was delivered by Action in claim and delivery by Sim Staton against Clara Guillebeaux and E.B. Sharpton for the recovery of 1,700 pounds of lint cotton. The defendant seized the cotton for rent of a two-horse farm due by plaintiff to Alex Guillebeaux payable on November 1, 1920; the said Alex Guillebeaux having died July 4, 1920. The seizure of the cotton w...
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Plaintiff and Charles H. Ross, now deceased, were husband and wife and resided with their 9 children on a farm near Beaver Creek, in Rock county. The defendant, Minnesota Mutual Life Insurance Company, issued two policies to the deceased, one for $5,000 on March 29,1918, and one for $6,000 on June 30,1920, in each of which the plaintiff was named as the sole beneficiary. The husband was insolvent ...
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(after stating the facts). Each of the policies of insurance sued on was issued by the defendant on the 29th day of May, 1918, and the insured, Bur-rel A. Cranford, died on the 6th day of January, 1919. Proof of death- of the insured was given to the defendant by the wife, who was the beneficiary in each policy. Payment was refused by the company on the ground that the insurance had been procured ...
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In overruling a demurrer to the complaint the court certified the question decided to be important and doubtful. Defendants appeal. The complaint set out, in substance, that plaintiff is a life insurance company duly licensed to do business in this state; that, on September 15,1922, upon the written application of Harry Aaron, plaintiff issued a policy insuring his life for the benefit of his esta...
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delivered-the opinion of the Court. This is an action to recover the amount of a life insurance policy issued by the petitioner to Rudolph Hurni. At the conclusion of the evidence the jury found for the plaintiff, respondent here, under the peremptory instruction of the court, and judgment was rendered accordingly. Upon appeal this judgment was affirmed by the Court of Appeals. 280 Fed. 18...
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The plaintiff brought two actions, and obtained a verdict in each. One was in tort, for the alleged conversion of "certain restaurant fixtures and furnishings, the property of the plaintiff. The defendant’s only exception in that case was to the refusal of the trial judge to give a.certain requested ruling; and this was waived at the argument. The second action was in contract, for violation of th...
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This- is a suit in equity, in which the appellant, Harry L. Schornick, the son and heir at law of George Schornick, deceased, seeks to have a deed of said George Schornick to Alma A. Schornick, his wife, of an eighty-acre tract of land (the separate property of deceased), in Maricopa county, *565Arizona, set aside on the ground of mental incapacity of grantor, and undue influence exerted over the ...
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Plaintiffs filed their bill in the Wayne circuit court to abate a nuisance alleged to have been created by the defendant in the vicinity of their dwelling. Relief was denied and the bill dismissed. Plaintiffs appeal. Plaintiffs were the owners of a two-family flat known as 1030 Forrest avenue, east, in the city of Detroit. They occupied one of the flats and rented the other one. To the west of pla...
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The case presents certain questions concerning the respective liabilities of a master and his servant for the latter's unauthorized negligent acts, done in the course of the master's business, and of the correlative rights of the party injured by such negligence. The subject is one upon which there is but little authority in this jurisdiction. The decisions in other states and in England lack unif...
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delivered the opinion of the court. This is a proceeding by motion instituted by Levy Vick against Richard Howard to recover damages for an alleged breach of a contract for the sale of real estate. There was a verdict and judgment below in favor of Howard, and Vick assigns error. On the 8th day of May, 1920, these parties entered into a written contract, signed by each of them, which, so far as ma...
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Opinion by This is the question presented: Where a fire insurance company, in settlement of a loss, has made payment to the insured, after the date of filing an involuntary bankruptcy petition against him, but before the adjudication, without knowledge of the petition, can the trustee, the insured having absconded, compel payment by the insurance company a second time? Gioffre owned a building co...
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The sole question presented .is whether a bank which between the filing of petition for adjudication of bankruptcy and actual adjudication received deposits from the bankrupt to the credit of the latter’s checking account and made payment therefrom to third parties upon depositors’ checks, but without knowledge or notice of the pendency of bankruptcy proceedings, is liable to the trustee in bank-,...
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Plaintiff bronglit this suit for the purpose of recovering the value of certain goods which it averred was stolen hy the defendant from its store in the city of Welch. A trial of the ease in the circuit court resulted in a directed verdict in favor of the defendant and judgment thereon, which the plaintiff seeks to reverse by this writ of error. In the month of May, 1921, plaintiff’s store was bro...
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This is an action of trespass on the case to recover damages for the burning of a building, including certain machinery and merchandise therein; the fire is alleged to have been caused by the negligence of defendant. The trial court entered judgment for defendant on the verdict of the jury and plaintiff obtained a writ of error. A statement of the situation is necessary in order to enter upon an i...
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The only question in this case is the validity of § 11, of ordinance number C 1590, as amended by ordinance No. C 2093, of the city of Spokane, which ordinance is with reference to the business of auctioneering. Section 11 reads in part as follows: “It shall be unlawful for any person, firm, company or corporation, to sell or expose for sale by way of public vendue or auction, except under and by ...
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This is an action of tort. The declaration is in two counts: the first for assault, the second for false imprisonment. As the trial judge ruled that there could be no recovery on the first count, the second only is before us. At the close of the evidence, the defendant moved for a directed verdict upon the grounds that there was not sufficient evidence to warrant a finding that the acts complained...
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The record in this case discloses that Frederick Yockel, on the seventh day of October, 1922, executed his will, in which he directed his executor to sell all the real estate owned by him at the time of his death and to pay one-third of the proceeds therefrom to his wife and the other two-thirds to his son, Charles A. Yockel, the appellee, and his daughter, Marjorie, share and share alike. His per...
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The Chickasha Gas Electric Company instituted this proceeding by filing with the Corporation Commission its petition praying an order of such commission requiring the Oklahoma Natural Gas Company to furnish and supply the Chickasha Gas Electric Company natural gas for distribution by it in the city of Chickasha. After a hearing, the commission made and entered the order as prayed for, and from t...
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The opinion of the court was delivered by Gerald Brown was arrested for an alleged violation of the civil-rights law forbidding discrimination in certain cases on account of race. A motion to quash the information was sustained, and the state appeals. The statute involved, so far as here important, reads: “if . . . the owner or owners, agents, trustees or managers in charge of any inn, hotel or b...
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The essential issue in this case is sharply definable. The question is whether the School District of Kansas City, which instituted a proceeding to condemn land of the appellant for school purposes, *Page 694 and, after prosecuting that proceeding for several months, dismissed it, is liable for the attorney's fees and other attendant expenses incurred by appellant in its defense, in that proceedi...
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This is an action at law by the plaintiff to recover fees for furnishing defendant a copy of the official report of certain proceedings before the Interstate Commerce Commission. A trial before the court resulted in findings and judgment for the plaintiff, from which the defendant has appealed. The sufficiency of the evidence to support the findings is the only question to be determined. There is ...
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delivered the opinion of the Court. This suit was brought by the State of California to have transferred to it certain deposits in the Security Savings Bánk which had been unclaimed for more than twenty .years; and to have these declared escheat. The bank and the depositors were ■ named as defendants. The bank was served personally and defended. The depositors were served by publication; b...
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The defendant, Justin Bethel, was tried below on an indictment charging him with the crime of seduction, alleged to have been committed by having carnal knowledge of Edna Sliger, an unmarried female, by virtue of a false and feigned express promise of marriage. It appears from the testimony adduced at the trial that defendant and Edna Sliger, the girl alleged to have been seduced, were each about ...
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Opinion of the Court by Affirming in part and reversing in part. Tlie last will of Mrs. Bessie White Burgess, deceased, of Hutchinson, Bourbon county, Kentucky, is presented for construction. It reads: “I write this as my last will. I give my sister, Mrs. Minnie Willett everything that I have at my death for her life, at her death it is to go to the Hopewell church for a fund to be known as the ‘ ...
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The opinion of the court was delivered by This action was brought by Mary E. Keith, who operates in Wichita a place which she styles “Ladies’ Hairdressing and Beauty Parlors,” against the State Barber Board and others, to prevent their requiring her to comply with the regulations imposed upon barbers. She was refused relief, and appeals. *835The question involved is whether the business conducted ...
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(after stating the facts as above), The bankruptcy court alone has the power to grant a discharge, but the effect of a discharge is matter for the consideration of any court to which it may be presented as a defense or otherwise. In re Havens (C. C. A.) 272 Fed. 975. The case at bar questions the effect of a composition agreement carried through in accordance with the statute. In substance the co...
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Plaintiff’s automobile was injured by a collision with defendant’s truck on a highway officially known as M-13 and called the Mackinaw Trail. The collision occurred in the country at what is commonly called a three corners. Plaintiff was driving *182south toward the corner; defendant’s truck was coming east toward the corner. The corner is a right-angled one and the east and west road east of the ...
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This action was brought by the plaintiff on behalf of himself and other taxpayers of the city of High Point to test the validity of chapter 268, Private Laws 1923, entitled "An act to aid in the development of the city of High Point," which provides that the "Mayor and City Council of the City of High Point shall annually set apart and appropriate from the fund derived annually from the general ta...
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This action was instituted by the plaintiff, R. A. Bennett, to compel the defendant, C. W. Moon, to specifically perform their written agreement, under the terms of which the defendant had agreed to execute a lease for the first story and basement of a brick building owned by the. plaintiff and located in the business section'of David City, Butler county, Nebraska. The following is a copy of the a...
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—This action was brought for the purpose of collecting premiums upon the pay roll of the defendant corporation, which was engaged in the business of stevedoring. A demurrer was interposed to the° complaint, which was sustained by the trial court. The plaintiff refused to plead further and elected to stand upon its complaint, and a judgment was entered dismissing the action, from which the plaintif...
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The state appeals from a judgment which sustained a motion to *40quash the indictment against the defendant. The charge is that the defendant “did unlawfully, attempt to monopolize a certain part of the trade and commerce within the limits of this state, to wit, the laundry business in the city of New Orleans.” There are two acts of the Legislature (Acts 86 of 1890 and Act 11 of the Extra Session ...
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The plaintiff and the defendant entered into an agreement of which the material part is as follows: *33 “ Lease * “ The Hoisting Engine Sales Co., Inc., Lessor, hereby leases to John J. Hart, lessee, the following equipment subject to the following terms: “ One 40' boom, all steel Shannon Traveller with an 8 1 /2 x 10 D. C. D. D. Lambert Hoist with swin...
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This was an action brought by plaintiff as administrator of the estate of Anna Pauline Jensen, deceased, to recover damages from the defendant Omaha & Council Bluffs Street Railway Company, on the charge that the defendant company had, through its negligence, caused the death of plaintiff’s intestate while, it is claimed, she sustained the relation to it of a passenger. The deceased sustained the ...
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This action was brought to recover the purchase price of 159 head of cattle. The complaint alleged, as a first cause of action, a contract between appellant and - George T. Leedham and Friend Crosby & Company, delivery of the cattle, and a failure to pay a portion of the purchase price, and, as a second cause of action, that the defendants were indebted to appellant on account of money had and rec...
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The plaintiff is a common carrier of passengers, between Salem and Silverton, by means of motor vehicles, under a permit regularly issued by the Public Service Commission. He brought this suit to enjoin the enforcement of an ordinance of the *300City of Silverton. This ordinance was passed on March 28, 1923, and it prohibits the operator of any vehicle, used for the carriage of passengers or prope...
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Opinion of the Court by Affirming. The question on this appeal is whether’ a surety in a bastardy bond executed after verdict is released by the death of his principal. *675The question arises in the following way: On August 8, 1919, Green Kavanaugh, a negro boy who worked for appellant, was found guilty of bastardy and adjudged to pay the sum of $50.00 per year in quarterly installments for a per...
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Plaintiff sued the city of Springfield for $7500 damages for personal injury alleged to have been sustained through the negligence of the city in permitting a sidewalk to become and remain defective. She lost below on demurrer to her petition, because it failed to allege that she gave the city notice required by the statute within thirty days after the accident occurred. The petition, however, con...
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This is a suit in chancery, and is here on plaintiff's appeal from a decree sustaining a joint demurrer of all the defendants to the complaint. The material allegations of the complaint are these: S.N. Palmer died testate at Morristown, Vermont, in 1906. By the terms of his will, which was duly probated in the district of Lamoille, he devised and bequeathed all of his real and personal property to...
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Habeas Corpus. The only questions raised concern the validity of the act of the Extra Session of the General Assembly of 1919 (Laws 1919, p. 778) whereby it was sought to restore capital punishment in this State. The act is assailed on the grounds: (1) that the subject was not brought before the General Assembly by either method authorized by the Constitution; (2) that the bill (Senate Bill No. 2)...
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Opinion by One of decedent’s heirs at law appeals from a decree of the orphans’ court, directing the register of wills to probate the following letter: “Johnstown, Dec 12 “The Kimmel Bro. and Famly “We are all well as you can espec fore the time of the Year. I received you kind & welcome letter from Geo & Irvin all OK glad you poot your Pork down in Pickle it is the true way to keep meet every pi...
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The plaintiff, a resident of Hancock, owned a Chalmers automobile (1910 model). In the fall of 1919, he left it in defendant’s garage in Laurium for storage during the winter and also to have the mud guards and hood painted. It is his claim that it was then in good working condition. *345When he went after it in the spring of 1920 the painting had not been done. He testified that when he went agai...
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Three judgments of the district court of Wilkin county are involved in these appeals, which were heard and submitted at the same time. On December 27, 1919, a judgment was entered in the district court of Wilkin county in favor of O. R. Verry and against George B. Barnes for $2,623.80. An execution was issued and a levy made on land in that county. The land was advertised for sale on February 21, ...
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*137The opinion of the court was delivered by This is an action for damages for personal injuries alleged to have been sustained by the negligence of defendant. The jury made special findings and returned a general verdict for plaintiff upon which judgment was rendered. The defendant appeals, claiming that what the jury found to be negligence of the defendant is not negligence at all, and not the...
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delivered the opinion of the court. The appellants by their bill seek to enjoin the sale of certain lands under a deed of trust. The default declared in the advertisement of sale was that default had been made in the payment of taxes. The clause relating thereto in the deed of trust is as follows: “Or should default be made in the payment of the taxes *57legally assessed against any of the hereina...
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The Court of Appeals requested instructions from the Supreme Court upon the following question: “ Where the wife of a member of a mutual benefit association, who is named as a volunteer beneficiary in the certificate issued by such association, dies without leaving child or children, and without debts, prior to the death of the member, is the administrator of the deceased member, or the administra...
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This action was brought by respondent, in accordance with the provisions of sec. 11, p. 60, chap. 42, Sess. Laws, 1921, to enforce a trust in the sum of $16,191.43 upon the general funds and estate of the Fidelity State Bank of Orofino. *803The facts in this case are stipulated, as follows: “1. That the petitioner herein, the North Fork Highway District, is a highway district and a public corporat...
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The action is brought for the settlement of the accounts of a trustee and for the construction of a will. Jabez A. Bostwick, who died in August, 1892, divided his residuary estate into three equal parts. One of “ said equal third parts ” he devised and', bequeathed to the New York Life Insurance and Trust Company in trust to pay the income thereof to his wife Helen C. Bostw...
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delivered the opinion of the Court. The Supreme Court of Missouri (233 S. W. 425) affirmed a judgment of the Cole County Circuit Court *282which sustained an order of the Public Service Commission of Missouri, effective -December 1, 1919. That order undertook to reduce rates for exchange service and to abolish the installation and moving charges theretofore demanded by plaintiff in error. It is ch...
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The trial court sustained the demurrer on the ground that, the complaint having alleged that defendant treated the plaintiff according to the methods used by memr bers of defendant’s profession, namely by chiropractors,- it negatived negligence and lack of skill, since the rule is that a physician is required to exercise only'that degree of care, diligence, judgment, and skill which other physicia...
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*315By the Court, The facts of this matter are these: On January 12, 1919, one Charles Pedroli, a resident of Humboldt County, died intestate, leaving real and personal estate in said county. Joseph Scott, the respondent, applied to the district court for letters of administration and in due time was appointed administrator, whereupon he took possession of the assets of the estate. Thereafter Lou...
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Appellee instituted suit against appellant in the circuit court, of Hempstead County to recover $180 for goods sold and delivered to the Hope Oil Trust, a concern doing business under a written declaration commonly known as the “Massachusetts trust.” The suit is based upon an allegation that the Hope Oil Trust is a partnership, and that appellants are members thereof, and as such are individually ...
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delivered the opinion of the Court. On May 16, 1919, the Nelson Blower & Furnace Company, a Massachusetts corporation, assigned to the petitioner for a valuable consideration indebtedness to the amount of $45,000 due or to become due to the Nelson Company from the Murray & Tregurtha Corporation, under a contract whereby the Nelson Company was to construct certain engines for the latter. Ju...
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This is an action in equity to enjoin defendant from operating certain wells situated in an alleged artesian district in the northwest part of Salt Lake City, Utah. In order to unravel certain complications which have developed during the progress of the cause, it is necessary to briefly summarize in chronological order the various moves *281made by the parties litigant and orders of the court in ...
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This case is a sequence of the case of Horne v. Utah Oil Refining Co., hereinafter referred to as the Horne Case, 59 Utah, 279, 202 Pac. 815, recently decided by this court. The plaintiff in this case was also one of the plaintiffs in the Horne Case, and, as will be seen by reference thereto, plaintiffs therein, including this plaintiff, were the owners in severalty of certain city lots within an ...
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On January 8, 1920, the respondent obtained a judgment in the superior court of King *226county against one Nick Agkaloff, doing business as tbe “Alps Cafe.” On the day the judgment was entered, respondent caused a writ of garnishment to be entered against one Mrs. J. B. Motcher, who had purchased the business and who owed Agkaloff and U. Likoff a balance on the purchase price more than sufficient...
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We shall refer to the parties as below, plaintiffs and defendant. The plaintiffs have appealed from a judgment at law. Their remedy on appeal is by writ of error, and we shall treat their appeal as a writ of error, pursuant to the Act of September 6, 1916, c. 448, § 4, 39 Stat. 727 (Comp. St. § 1649a), ignoring the mistake and regarding the action taken as appropriate, so as to bring the cause her...
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The plaintiff is a banking corporation. The defendant is a manufacturer of silk. The complaint alleges that plaintiff sold and defivered raw silk to defendant of the value of $18,453.34 as follows: Plaintiff defivered the silk to the Raw Silk Trading Company under a trust receipt whereby that company agreed to deliver the silk to the purchasers thereof for the account of plaintiff and to delive...
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It is a general rule of law that the owner of personal property may take possession of it wherever he finds it, provided he commits no trespass or breach of the peace and uses no force or threats in its recovery or recaption. Folmar v. Copeland, 57 Ala. 588; Stowers Furniture Co. v. Brake, 158 Ala. 639,646, 48 So. 89; Brown v. Floyd, 163 Ala. 317, 50 So. 995; Milner v. Milner, 101 Ala. 599, 14 So....
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Action in the municipal court of the city of Duluth to recover the purchase price of candy ordered by defendant from plaintiff. Plaintiff is a manufacturer of candy at Cleveland, Ohio. Defendant is a grocer at Superior, Wisconsin. On May 4, 1920, C. M. Haugner, then in charge of defendant’s confectionery department, gave the order to Barney Sands, one of plaintiff’s traveling salesmen. Sands wrote...
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Cayuga lake is thirty-eight miles long and from one to three miles wide. Lying east' of the Massachusetts pre-emption line it is no part of the state’s boundary. Not far away are ten other lakes of considerable size. Some — Canaderaga, Cazenovia, Onondaga, Otisco and Cross — are but a few miles long and from one-half to two miles wide. Others — Otsego, Owasco and Skaneateles — are larger. One —...
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The only question involved in this appeal is whether a member of the public can legally enter upon and use for the purposes' of public travel that strip of land ■adjacent to plaintiff’s upland, and lying between the ordinary high and low-water marks, and constituting what is ordinarily known as the shore, without committing trespass. It appearing that the public interests may be involved in this l...
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This is an appeal from the judgment of the Supreme Court of the District on a verdict against the appellant, who is a licensed practitioner of medicine and surgery. *605'The declaration is in two counts, tire first in substance alleging a contract between the appellant and appellee to produce a miscarriage upon her and to give her proper treatment and care in connection therewith, averring neglige...
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Plaintiff, an infant when the action was begun, sued to recover damages for conversion of her stock in defendant United States Steel Corporation. The learned trial court found, in substance, that plaintiff left the stock certificate with defendant Kastel, with an assignment executed in blank; that he sold it, acting as her agent or broker, for $11,000, without authority; that she afterwards rat...
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This suit was brought by the Variety Iron Steel Company for the benefit of the Aetna Life Insurance Company and Harry Alles, against the Bethlehem Steel Company, to recover for injuries sustained by Harry Alles and alleged to have been caused by the negligence of the defendant, and the present appeal is from a judgment in favor of the plaintiff for $10,000. Prior to April, 1919, the defendant, th...
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Defendants appeal from a judgment in favor of plaintiff in an action upon a promissory note. The sole *Page 199 contention urged by them upon this appeal is that the cause of action was barred by the statute of limitations. After the former decision of this case a rehearing was applied for by the respondent upon the ground that we had failed to consider one of the points made by her upon the oral...
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The Illinois Central Railroad Company in its office in Chicago prepared a check on a bank in St. Louis, payable to appellant, and forwarded it to its disbursing agent at Birmingham to be delivered to appellant in payment for services performed by him for the company. In some way unknown to the company or its employé, appellant, but probably by larceny or fraudulent impersonation of the payee, plai...
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By declaration in the common counts, appellee sped appellant in the Supreme Court of the District of Columbia for the amount of 22 checks, payable to the order of plaintiff, which were cashed by defendant bank. The bookkeeper of plaintiff extracted the checks from the mail, credited the accounts of the customers from whom they were received, indorsed the checks in plaintiff’s name, cashed them at ...
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Melvin C. Tipton, plaintiff in error, was on April 1, 1920, by verdict of a jury found guilty of the crime of robbery in the first degree, committed on March 1, 1920. His punishment was fixed at confinement in the state penitentiary for a term of 10 years. From the judgment on the verdict he appeals. The facts in the case, as shown by the state's evidence, may be summarized as follows: The accused...
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Opinion by This appeal is brought to review an award of the Workmen’s Compensation Board, approved by the court below. Payment is resisted by the insurance carrier of defendant company because, as alleged, the accident did not occur in the course of deceased’s employment, and was therefore not within the terms of the act, as held in the first instance by the referee. The controlling facts found a...
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The appeal was taken on April 7th, 1922, in the form prescribed by General Statutes, § 5833. The plea in abatement was filed September 27th, 1922. General Statutes, § 5849, provides that pleas in abatement must be filed not later than the *Page 505 Friday preceding the first day of the term. The term thus referred to is the next term succeeding the filing of the appeal, which began on the second ...
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This is an action instituted by plaintiff: against the defendants to recover damages for the alleged alienation by defendants of the affections of plaintiff’s wife. Plaintiff, by his complaint, charges in substance that on or about the first day of November, 1919, the defendants entered into a conspiracy to alienate the affections of plaintiff’s wife from plaintiff and to disrupt plaintiff’s home ...
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The opinion of the court was delivered by The action was one of ejectment and for partition. The plaintiffs prevailed, and the defendants appeal. In March, 1919, James Holt, a negro, the owner of the land in controversy, 'died intestate. He left a son, Thomas Holt, and the children of a deceased daughter, as legitimate heirs. They are the defendants. The plaintiffs are mulattoes. They are sons of ...
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Plaintiff brought this action to enjoin the trustees of the Selma Union High School District of Fresno County from carrying into effect a resolution for the purchase of twelve copies of the Bible in the King James version for the library of the high school. George Enos was permitted to intervene and filed a complaint which alleged substantially the same matters and sought the same relief as that ...
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Appellants were tried on an agreed' statement of facts and convicted of carrying concealed weapons. The substance of the agreed statement of facts is as follows: Each of the defendants carried a pistol as a weapon in the railroad yards belonging to the Missouri Pacific Railroad Comnany, in the city of North Little Rock. They were each then and there engaged in the performance of their duties as sp...
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HOKE, J., concurring; CLARK, C. J., dissenting; CLARKSON, J., not sitting or taking part. Civil action on behalf of the infant plaintiff, brought by her next friend, to recover damages of her father, J. C. Small, the Globe Indemnity Company, and John R. Morrison for an alleged negligent injury caused by the collision of two automobiles, one driven by plaintiff's father and the other by John R. Mor...
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delivering the opinion of the Court. The first, second and third assignments of error go to the question of parties. It is contended by the appellants, that the covenant sued on, having been made with George P. Scotton, one of the complainants, individually, and no assignment of the covenant having been shown, the other complainants who became part*407ners with George P. Scotton in the garage busi...
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This is a direct application to this court for relief by habeas corpus from restraint under an order of the Honorable District Court of Hill County adjudging relator in contempt. That our conclusion may be understood we state the pertinent facts. A criminal trial was in progress. It had been once before tried, a conviction had, followed by appeal and reversal. On the present trial counsel for the ...
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The plaintiff boarded a jitney bus, of the stage type, owned by the defendant, and operated by his servant, and used upon the Hudson county boulevard, as a common carrier of passengers. It was equipped with pneumatic tires, which were placed upon wheels which revolved under the seats immediately under the floor of the vehicle. While in operation it was observed that the bus emitted a *Page 423 pe...
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The jury, among other things, was instructed as to the degree of care required by the defendant in the operation of its cab at the time and place in question as follows: “The duty which the defendant, as a common carrier, owes to a passenger requires the defendant’s employees, for the safety of its passengers, in the operation of its cars to exercise the highest degree of care reasonably to be exp...
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The section of the statute making possession of intoxicating liquor an offense, unless the liquor was lawfully procured, also provides that "the possession of any intoxicating liquor within this state shall be prima facie evidence of violation of this section." Laws 1919, c. 99, s. 4. At the outset the question arises as to what is here intended by the words prima facie evidence. Do they mean evid...
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(After stating the facts.) On this writ of hateas corpus the real question presented is whether the Circuit Judge had authority to commit the petitioner here, to imprisonment for contempt upon findings made upon allegations that the petitioner wrote a letter to the judge and published it to others and made statements about the judge as set forth in the statement filed with this opinion. Under th...
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delivered the opinion of the Court. Malloy Brothers brought this action against the Federal Reserve Bank of Richmond in a state court, to recover $9,000, alleged to be the amount of a check drawn to their order upon the Bank of Lumber Bridge, North Carolina. The case was removed to the Federal District Court for the Eastern District of North Carolina, where it was tried without a jury and ...
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The Employers' Mutual Insurance and Service Company of Maryland, which was incorporated under the laws of this State for the purpose of writing a class of insurance generally called "strike insurance," began to issue policies in August, 1920, but operated for a period less than a year, when its activities were crippled by a series of strikes and labor difficulties, appearing in different industrie...
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This court has many times held that the compensation act is to be liberally construed to carry out its manifest purpose. That purpose is to relieve workmen from the distress of work accidents by placing a portion of the burden upon the employers, and through such employers, in the cost of production, upon the people as a whole. In passing this act the legislature made it elective as to private emp...
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The plaintiff, H.M. Walker, as the surviving partner of C.C. Walker, instituted this action in the district court of Garvin county against the defendant, H.R. Jacobs, to recover $500 with interest from the 9th day of October, 1913, upon a redelivery bond in replevin. On the 21st day of September, 1922, the cause was heard by the court and judgment rendered in favor of the plaintiff on his motion f...
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This is an action to determine adverse claims to lot 8, in block 11, of the original town of Grace City. Tt involves also the encroachment of a cement foundation and brick Avail upon the adjoining lot 9. Erom a judgment quieting title to lot 8, in the plaintiff, and assessed damages in favor of the defendant E. E. Bradley, on account of the encroachment on lot 9, the defendants appeal. The case is...
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This suit was instituted by appellants,, two preferred stockholders in appellee company, to enjoin the carrying out of a resolution passed by its board of directors on March 10, 1922, declaring a dividend of $2 per share on both the common and preferred stock, payable out of the accumulated surplus earnings of the years ending December 31, 1909, to 1919, inclusive, both dividends to be paid April ...
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This is an action to recover for personal injuries sustained by plaintiff’s intestate through the alleged negligent sale by defendant’s servant to one Freeman of a poisonous preparation known as oil of checkerberrv, in place of essence of checkerberry; the poison was taken by deceased and resulted in his death. The case is reported to the Law Court for determination of the legal rights of the part...
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Opinion of the Court by Reversing. From an attack of influenza, plaintiff, Mrs. Flora Howard, was confined to bed for four or five days in January 1919, after which she resumed her household duties *349as well as her duties as assistant to the superintendent of schools for Ohio county. 'She was not fully recovered, however, and continued to be extremely nervous and considerably run-down, until in...
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In 1916 plaintiff purchased the steamship Ferdinand Schlesinger, *89a wooden vessel of 2,607 tons burthen, constructed in the year 1891 and operated in the bulk freight trade upon the Great. Lakes. In the spring of 1919, plaintiff procured marine insurance upon the steamer in the amount of $80,000, of which $50,000 was hull insurance and $30,000 in the form of disbursement policies. The insurance ...
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July 16, 1923. The opinion of the Court was delivered by Action by the executors of the will of Abraham Stork for the specific performance of a contract for the sale of a certain piece of real estate, a part of his estate, entered into by the executors and the defendants on February 10, 1923. The executors claim the right to sell the land under said will, and in compliance with the contract tender...
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Opinion op the Court by Affirming-on both appeal and cross appeal. Appellee owns and operates-the gas and electric light plants in Louisville, under a franchise granted by city ordinance on March 29th, 1913, and has a monopoly of the business. Appellant and many others, but not nearly all citizens, were required by the company to make deposits ranging in amounts from $5.00 to $100.00 before gas o...
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delivered the opinion of the court. This is a contest over a will of which the following is a copy: “Alexandria, Va., September 10, 1920. “My Last Will. “I give all my real estate and cash in bank to my brother, Charles M. Adams. “I request no inventory and no bond. “L. M. Adams.” This paper was admitted to probate by the clerk of the circuit court in vacation, upon proof by two witnesses that it ...
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This is an action brought by First National Bank of Mor-rill, as plaintiff, against John B. Ford, as defendant, on a promissory note dated June 9, 1917, due in six months, payable to the Gifford Motor Co. for $450.00. The petition is in the usual form. The defendant filed an answer denying that he ever executed a note to the Gifford Motor Company for $450.00, but that the note sued on is a forgery...
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delivered the opinion of the court. [1] C. W. Stewart and Minnie B. Stewart, his wife, jointly owned a house and lot in the town of Marion, Ya., acquired by them in 1918. In December, 1920, Mrs. Stewart was taken sick, carried to a hospital, and shortly thereafter died. The expenses of her last sickness and funeral amounted to $468.50, composed of doctor’s bills $117.00, hospital and nurses $106.5...
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Plaintiff brought this suit to have the claims of defendant South Penn Oil Company cancelled as clouds on her title to the coal and mining rights under 110 acres of land in Monongalia County. Bach party claims title to the coal and both trace their respective claims of title to a common source, the heirs of James T. Morris, deceased. The circuit court decreed in favor of plaintiff and defendant ap...
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