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the injured workman shall, if required, and in order to fix the amount to be paid him, submit himself for examination by a doctor provided and paid by the employer, and if he refuses, his right of compensation shall be suspended until he complies. So, too, he must submit himself forexamination from time to time after he comes into receipt of his compensation. This comparatively low rate of compensation is in accordance with the view generally taken of the value of life and of a workman's capacity in this country, and, remarkable as it may seem, although the principle of the bill was bitterly fought over in the House of Commons there was no question raised by the labor representatives or others as to the scale of compensation. A fortnight ago the amount to be awarded in an action for damage for personal injuries where an engine driver was knocked down and run over in the street and so badly injured that one of his legs had to be amputated and the other was seriously hurt, was fixed by a common jury in a London County Court at £150. The new law has not yet gone into effect but it will be observed that this award is but little higher than the scale fixed in the Act.
The opening of the courts after the long vacation was celebrated this year for the first time for many generations by a religious ceremonial and a pageant of more than
usual brilliancy. Heretofore the judges, attended by the Queen's Counsel, have simply walked in a straggling procession through the Central Hall of the Royal Courts. On Monday last a service was first held in Westminster Abbey which was largely attended not only by judges and leaders and juniors, but by as many of the outside public, particularly ladies, as could gain admission. The scene was a most impressive as well as brilliant one, color being given to it by the scarlet and ermine of the judges, the full bottomed wigs and court dress of the Queen's Counsel, the rounded wigs and flowing robes of the juniors, and the surplices and academical vestments of the clergy. After the service, which lasted only forty-five minutes and consisted of a shortened form of matins, the procession was made through the hall of the courts, the sides being lined with hundreds of ladies. The judges upon reaching their respective courts sat but for a few moments while the crowd dispersed, many of the latter breaking up into tea parties in the chambers of the junior members of the bar. To these juniors and to the profession generally there was no little zest added to the festivities by the knowledge that the list of causes to be tried at this term is the largest for a number of years past.
Current Topics, ..
Notes of Cases, etc.
BY IRVING BROWNE.
mentioned, it is very clear that whatever the speaker's SPECIAL PLEADING. It is evident that the editor intention, his charge, construed by ordinary gramof the “ London Law Journal" had a vacation in
matical rules, was of stealing for the defendant's
benefit. August. Usually that learned person is too serious
** Rob me the exchequer, Hal,” said Sir
As for the Baron's and instructive to be quotable in these trifling John. Give the devil his due. columns, but in August his Obiter Dicta disclosed a
administration of a demurrer to the sick man, lighter hand. For example, the summer editor thus
evidently designed as a healing draught. Demurrers cheerfully discoursed concerning special pleading :
from England do no good nowadays in the case of
the sick man." “ An entertaining article might be written on the humors of special pleading. How Littledale, a master of the art, in drawing an indictment for murder which had DELAYS OF THE LAW. Some fault has been been committed with a double-barreled pistol, spent many found with the delays of the law. But delay in some hours in endeavoring to invent some form of words by
cases would seem to be advantageous in eliciting the which to cover the possibility of the fact of the ball having
truth. It is recorded in recent newspapers that in issued from either barrel; how another pleader lost his
Kansas, in a suit for damages by a woman against a cause by miscalling vites arbores ; how an indictment for forgery was quashed because it charged the prisoner as
railroad company, a dozen physicians testified that Bartw., when he had signed the damning note as Bartholo
on account of the injuries sustained by the plaintiff, mew; how Parke (Baron Surrebutter) took a demurrer to
maternity must be to her a thing unknown. The the bedside of a sick friend, feeling sure, he said, that the
verdict was for the plaintiff, and the company appealed sight of it would restore the invalid, it was so exquisitely to the Supreme Court, where, after the lapse of a drafted. But of all the wire-drawn refinements of that number of years, the decision of the lower court has wonderful science, could anything astonish the honest lay- just been affirmed. Meanwhile the woman has given man more than the case referred to in “Rolle's Reports'?
birth to three children. We dare say that if the In this case, an action for words, the pleading was that
decision had been reversed, the plaintiff would have • Sir Thomas Holt hath taken a cleaver and stricken his
recovered more damages on the new trial. That is cook upon the head so that one side of the head fell upon one shoulder, and the other side upon the other shoulder,'
the way it always works. The jury would have but it omitted to say that the cook was dead, 'il ne averr
awarded more damages to the woman on account of que le cook fuit mort, so it was bad — 'pur ceo fuit ad- her supposed mortification in being convicted of judge nemy bon’ – the cook's death after this splitting of mistake. his head being matter of inference only. The case in which the above is cited as an authority is itself a charm
A PROLIX WILL. illustration of the fastidious nicety of the old pleader.
In the very agreeable memoir • Thou art a thief,' the defendant had said to the plaintiff;
of Chief-Justice Doe, in the June GREEN BAG, is *thou hast stolen me a hundred of slatte.' • Stolen me!! given a copy of his will, from which the writer thinks It puzzled the court where was the felony in stealing the o not more than three or four words could be omitdefendant? Judgment for the defendant."
ted." But the Chief Justice was always prolix. He All this reminds us of our salad days when we could not help it, and his will is prolix. Turning dared write so irreverently of Charles O'Conor and
to page 252 of our June issue, the reader will see the other devotees of that awful science of special how much that document could have been condensed. pleading. It must be confessed in candor that in For give, devise and bequeath” read “ give." Holt's case there was no necessary inference that the For “ all the rest and residue of my estate, real and cook was dead, for the cleaver might not have been personal” read " the residue of my estate." In the used for its customary office of cleaving, but might third clause, for • my said wife, Edith H. Doe,” have been employed simply as a bat, knocking the read • my wife,” for the virtuous chief could not culinary mechanic's head to right and left and not have had more than one, and he had already stated seriously injuring him. So in the case last above
exempt from giving a bond as such executrix," read country in our descendants when the very name of “ without bond.” In the beginning, ** and testa- Everett shall be forgotten. Now this gift is something ment" seems superfluous. There is no wonder that which education could not have given and could not the legislature had to pass an act restraining the chief have enhanced." and his fellows from writing long opinions !
Rooster Law. – Some time ago the Chairman EDUCATION AND GENIUS.- Judge Thompson said, queried whether he had a right to an injunction substantially, in an address on Jackson, that correct against early-rising roosters in the immediate vicinity spelling is not essential to administrative greatness, of his domicile. In respect to this, Mr. C. E. and cited Cromwell, Washington and Napoleon as Littlefield of Rockland, Me., writes him as follows:proofs. This gives the Chairman an excuse for lugging
I had called to my attention recently a case which, in some remarks to the same effect made by him in a
although it is not perhaps an illustration of the elasticity recent address on education :
of the common law, is an illustration of an application of • You may be startled by my proposition that genius its well settled principles to a novel state of facts. In does not need education, but I speak of a very few connection with your early waking and late rising, during of one or two or three of a century who really deserve the interval between which you seem to have been seriously the name of genius, such as Homer, Shakespeare, oppressed by the unbridled conduct of certain roosters, I Peter the Great, Napoleon, Beethoven, Michael
thought it would perhaps interest you to know that the Angelo, Abraham Lincoln, all comparatively un
court of Maine, in the case referred to, have recently held
that the keeping of hens (and roosters included, of course), educated men. If Homer had been a profoundly
under circumstances evidently like those to which you educated man, he might possibly have been as absurd
refer, constituted a nuisance kept at the annoyance of the a pedant as those German commentators who insist
plaintiff, for which he was entitled to damages. See the that he was a syndicate and can tell us exactly what unreported case of Timothy F. Desmond v. James H. verses have been interpolated since the original poems Smith, Androscoggin County. were first recited. If Shakespeare had been as well In that case, however, only nominal damages were educated as his contemporary, Bacon, he would prob- assessed, as the plaintiff expressed his willingness to accept ably have written as bad verses as he.
such a result, probably being satisfied with having estabbroad education have made a greater soldier or a wiser
lished his right to maintain the action.
You will therefore observe that you have a remedy at civil administrator of Napoleon ? Would the ability to
law, and while you might not be able to sustain an injuncspell correctly have added anything to the moral
tion until you had established at law the fact of the stature of Washington ?
nuisance, and the roosters had demonstrated an intention What did education ever do for Abraham Lin
to continue indefinitely to your irreparable damage, it is coln? Who wrote the wisest, most admirably not absolutely necessary for you to take the law into your expressed State papers of modern times? Look at the own hands, because there is yet a “ Balm in Gilead” for difference between mere talent and heaven-descended
sufferers like yourself. genius, as shown at the dedication of the Gettysburg Cemetery, where the best educated and most polished
CAVE. – In reading the comments of the London orator of his day and the comparatively uneducated President came in competition. Edward Everett,
Legal Press" on the recent death of Mr. Justice scholarly and elegant, with all the artifices of a
Cave, the Chairman is led to suspect that there was a
bear inside that Cave. trained declaimer, delivered from memory an tion three hours long. Abraham Lincoln, ungainly, homely, awkward, read through his spectacles, and
NOTES OF CASES. a little through his nose, in a tone inaudible fifty feet distant, an address fifteen minutes in length. U'NHEALTHY JAIL.- If a man is compelled to be inVery few of us have read Everett's oration, and carcerated in an unhealthy jail, although it makes no nobody in the future will read it, but those inspired difference as to his health or comfort whether it is words of Abraham Lincoln, with the soul of the owned by a county, a town, or a city, yet it seems he seer and martyr behind them, have been read by may be better off in his purse if it is a town or a city every intelligent man, woman and youth in our land, jail. It has recently been held in North Carolina and never by any of us who lived in this time without that a town is liable for injury to the health of a tears and silent blessing. They are in the pages of prisoner by confinement in an iron or steel guardschool readers ; they will be read and admired 2,400 house, with a tin or zinc floor covered with ice, and years hence even more than those of Pericles on a with broken windows, during a bitter cold, windy similar occasion are now admired, though spoken night in which he suffers intensely and has his feet 2,400 years ago ; and they will inspire a noble love of badly frostbitten, when the authorities had known
of its condition for months before, and the filthy, A SERIOUS JOKE. In Plate v. Durst, 42 W. Va. wet, and frozen condition of a city prison for several 63, it appeared that the plaintiff, in 1885, an orphan months is presumed to be within the knowledge of girl of twelve, went to live with her brother-in-law, and the authorities. Shields v. Town of Durham, 118 was treated by him as a daughter and rendered him N. C. 450 ; 36 L. R. A. 293, citing Lewis v. City of service as such, in his house and store, until 1890, Raleigh, 77 N. C. 229. There is not much discus- when he told her that when she should have lived with sion of the matter in either case ; the liability seems him ten years he would give her $1000, and on anto be taken for granted under a constitution and stat- other occasion told her that when she married he utes requiring jails to be kept clean. In the latter would give her $1000 and a $500 diamond ring, or case the prisoner had died on account of the noxious diamond earrings. She stayed till 1894, when he air of the city guardhouse, which was under the dismissed her. But Judge Dent, in answer to the demarket. He was not a bad man,” said the court; fendant's intimation that what he said was in jest “ he was not a drunkard, but sometimes drank too remarked : “ Jokes are sometimes taken seriously by much a weakness so common that it would seem the young and inexperienced in the deceptive ways invidious to call it a crime in him. He had drunk of the business world, and if such is the case, and too much and instead of letting him go home as he thereby the person deceived is led to give valuable asked to be allowed to do, or of carrying him home services in the full belief and expectation that the joker as it would have been humane to do, and as he who is in earnest, the law will also take the joker at his made him drunk was naturally bound to do, he was word, and give him good reason to smile.” How, carried to a hole like Calcutta's, where he died be
“ on the other side of his mouth,” perhaps. fore morning." This inhumanity cost the city Defendant's counsel, having complained of the ad$2,000. A county, however, is not thus liable. mission into the record of unnecessary verbiage on White 7. Sullivan Co. Comm'rs, 129 Ind. 396; the part of the plaintiff, was reminded by the court Pfefferie v. Lyon Co. Comm’rs, 39 Kans. 432; Hite that they had not been guiltless in this regard, and v. Whittey Co. Ct., 91 Ky. 168 ; u L. R. A. 122; * their attention is respectfully called to the celebrated Manuel v. Cumberland Co. Comm’rs, 98 N. C. 9; decision of a beam against a mote with which they and see Webster v. Hillsdale County, 99 Mich. 259; are familiar.” Now we wonder if the plaintiff can Lindley v. Polk County, 84 Iowa, 308. As to towns get those diamonds when she marries! In the same and cities there is some conflict of decision, some volume (State v. Cross, p. 261) occurs a curious use courts holding that there is no such liability : La Clef of language, the court distinguishing a purely acciv. Concordia, 41 Kans. 323 ; 13 Am. St. Rep., 285; dental homicide from “a monstrous sedate murder.” Odell v. Schroeder, 58 Ill. 353 ; Brown v. Guyandotte, 34 W. Va. 299 ; 11 L. R. A. 121; Gullikson v. McDonald, 62 Minn. 278; while on the other hand, in
MORE PUNCTUATION. Behold how great a Edwards v. Pocahontas, 47 Fed. Rep. 268, the court, matter a little comma kindled! In Sager v. Summers, after alluding to the distinction between counties and 49 Neb. 461, it was held that a voluntary assignment municipal corporations proper, held that if a munici- for the benefit of creditors, if unwitnessed, is absopality having power to maintain a jail, although not re- lutely void. The court said : “In Deere v. Losey, quired to do so, undertakes to exercise the power, it 48 Neb. 622, we reached a contrary conclusion, but will be liable for the negligent exercise of it in keep- we were led into that error by the punctuation of ing the jail in such a filthy and unfit condition that section 6 of the assignment act found in the Comthe health of a prisoner is injured thereby. Even piled Statutes. In that section the compiler placed the North Carolina court holds if the municipality a comma after the word acknowledged,' in the has furnished a proper place it will not be liable, if fourth line of said section 6. This would justify a without its knowledge it is negligently permitted to reading of that section as follows : • That an assignbecome unfit by the attendant: Moffit v. Asheville, ment for the benefit of creditors, to entitle it to be 103 N. C. 237 ; 14 Am. St. Rep. 810; Shields v. recorded, must be executed and acknowledged in the Durham, 116 N. C. 394. That the negligent keeper manner in which a conveyance of real estate is or or authorities are individually liable has been inti- shall be required to be executed and acknowledged?! mated, but never directly decided, while in Williams But on looking at the enrolled act it will be observed V. Adams, 3 Allen, 171, it was held that a prisoner that the only comma in the first sentence of said seccannot maintain an action against the keeper of a jail tion is after the word • writing,' which makes the for failure to provide him with suitable and proper section read, in effect, that a deed of assignment food, clothing and warmth, in the absence of express shall be in writing, and shall be executed and acknowlmalice on his part. These cases are cited in notes edged in the same manner that an ordinary deed 36 L. R. A. 293.
of real estate is required to be executed and acknowl
edged to entitle it, the ordinary deed of real estate, to be recorded.
Losey is therefore overruled." The section correctly set forth is as follows : " Such assignment shall be in writing, and shall be executed and acknowledged in the manner in which a conveyance of real estate is or shall be required to be executed and acknowledged in order to entitle the same to be recorded." The trouble was the interpolation of a comma after the latter .. acknowledged,” which changed the application of "the same."
GOAT NOT A PERSON. The Queen's Bench Division has decided that a goat is not a person or mankind. Osborne v. Chocqued (1896] 2 Q. B. 109. This was an action of damages by the bite of a dog. The plaintiff failed to show that the dog had ever bitten any person before, but did show that he had bitten a goat.
This was held not to be an equivalent.
ROBBERY OF GUEST BY INNKEEPER'S SERVANT. - Judge Dent, in Cunningham v. Bucky, p. 675, an action by a drunken guest at an inn for robbery by the innkeeper's servant, quoting from Judge Dixon, in another case, says:
· If drunk, the plaintiff might still have claimed the protection of his host, as did Falstaff when he fell asleep behind the arras, and might say with him: •Shall I not take mine ease in mine inn, but I shall have my pocket picked?'"
court accounts for this by “ judicious advertising, and also by the fact that, unlike the complainant, the defendant insists that during the time of taking the supposed remedy, the patient should not discontinue the use of tobacco," observing: “In this we think the defendant has the decided advantage, because it does not insist upon the exercise of the will, but cures, or professes to cure, in despite of the will. Therein it strikes a great popular chord,' in that it enables one to indulge a habit of which he desires to be rid, while partaking of the cure. An
easy road to health will always be as popular as an easy road to wealth.” So one need not be off with the old love before he gets on with the new. But is No-to-bac” a valid trade mark anyhow? Is it not merely descriptive?
A TRANSFORMATION. State v. Glenn, 119 N. C. 804, is a funny case. Glenn and the co-defendant, Amis, were indicted for an affray. G. had been walking up and down the street, swearing he could whip a man, and struck A. a blow in the face with his fist, knocking his head against a post, so that the
lick” was heard across the street. A. retorted with a pair of iron plyers. G. then put his hand in his pocket as if to draw a knife, whereupon A. caught and held his arms fast, but G., getting loose, jumped upon a box, announced that he was an officer, and commanded the peace. A. pleaded guilty, and the court gave G. thirty days in jail on a verdict of guilty. Chief Justice Faircloth, observed : We are not informed whether the weapons used were deadly weapons or not, but we do observe that the application of the pair of iron plyers, whatever they may be, had an immediate and salutary effect by transforming a sixfoot clubber into an officer, who at once began to discharge his duties by commanding the peace If we were permitted to consider the question we think we could approve this verdict. We have no doubt that his honor in pronouncing judgment gave the defendant full credit for his good intentions in trying to preserve the peace.” Amis ought to have got off free.
THE TOBACCO HABIT. . If any of our readers are afflicted with this habit, they will be entertained by reading the report of Sterling Remedy Co. v. Eureka, etc., Manuf. Co., 46 U. S. App. 709.
This was a bill in equity, on behalf of the proprietors of a cure for the tobacco habit, called No-to-bac," to restrain the defendant from selling a similar article called
Baco-curo." It was held that there was no infringement of trade mark nor any unfair competition in trade. The complainant alleged that his trade had fallen off since the defendant started business. The