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Recent Legal Decisions,
COoLLISION—OCEAN STEAMSHIP AND
CANAL Boar—8TERN OUTLOOK ON
STEAMER—ToWING BTEAMER. — The
steamship Nevada was about to start
from New York for Liverpool, on
Beptember 27, 1851, Bhe was adver
tised to start at 8 o'clock Pp. »., had
rung her bells and blown her whistle
several times, and her signals for start
ing were flying at her mast-head,
when at that moment a steam-tug
entered the slip with the canal boat
Kate Green in tow, which was then
fastened te another canal-boat, the C,
H. Hart, which was in turn fastened
to a gran slevator lying beside the
steamship Beotia at the pler, The
propeller of the Nevada at once began
to revolve, producing a suction and
commotion of the water sufficient to
cause the Hart to break her fastenings
and the Green to swing around under
the stern of the Nevada, where she
was struck by the prepeller and sunk,
much injured, and her cargo destroy-
ed. There was no stern lookout on
the steamship, The owner of the
Green filed a libel against the Nevada
and recovered a decree for the dam-
ages he had suffered, in the United
States Court, Bouthern District of
New York, and the owners of the
steamship appealed to the Bupreme
Court of the United States, which de.
cided the case—The Steamship Ne
vada vs. Quick—against them. Mr.
Justice Bradley, in the opinion, said :
“The counsel for the steamship sig.
nificantly asks: ‘Is a steamship to be
precluded from the use of her own
means of locomotion; must she be
subjected to the inconvenience and
expense of being towed out of the har.
bor?’ The ocean steamship is one of
the great inventions of the century,
and one of the advanced instrumen-
talities of modern civilization; but,
whilst it may freely exercise its power-
ful propeller and sport its leviathan
proportions on the ocean or in deep
and open waters, it is justly required
to observe extraordinary care and
watchfulness when surrounded by
feebler craft in a crowded harbor;
and, under some circumstances and
within a limited space, it may be
required to dispense with ita own
means of locomotion and resort to
tewage or other safe and quiet means
o! changing its position and effecting
its necessary movements. The canal
boat was handled with all reasonable
care, and if the steamship had had a
sufficient lookout at ita stern the eolli-
gion would not have happened; it
could have been preventied.”’
RAILROAD — DAMAGES FoR NeoT
BToPPING TRAIN.—A passenger sued
a railway company for the damages
he suffered from his inability to take
a train at a signal station, the engl-
neer and conductor not stopping, or
refusing to stop the train. In this
case—Morse vi. Duncan, Receiver—
Judge Hull, in the United Btates Cir-
cuit Court, Southern district of Missis-
sippi, gave the petitioner a judgment
for $10, his actual outlay from the in-
convenience, and directed that as that
amount had not been tendered by the
Receiver he should also pay the costs.
1t appeared on the trial that the peti-
t‘oner had given the signal to stop for
himself and other persons: but the
conductor and engineer testified that
they had looked for it, but that none
was given. The Judge said that as
the signal was given he must believe
that the conductor and engineer did
pot take sufficient notice to see it,
For such negligence the company ls
liable for actual damages only. But
if these officers of the road had seen
the signal and then willfully disre-
garded it, punitive damages might be
awarded.
TRADE MARKs,—A company had
manufactured homeopathic medicines
for tweniy years, and had sold a series
of thirty-five remedies, put up in bot.
tles, having on them labels and wrap-
pers bearing the words ‘* Homeopathic
Specific,” in connection with certain
numbers and references to the dis
esses or infirmities to be remedied, as
“No, 1. Fever, Congestion, Inflamma-
tions,” A person used bottles of about
the same size as the company’s, label.
ing them conspieuously *‘ Homeopathic
Specifics,” and numbering the series
from 1 to 40, attaching the complaints
to be remedied, The company sued
for an infringement and an accounting
~Humphrey’s Specific Homeopathic
Medicine Company ve. Wers—in the
United States Circuit Court for New
Jersey, and applied for a preliminary
injunction. Judge Nixon in granting
the motion said: ‘1. Mere numbers
are never the object of a trade-mark
when they are employed to Indicate
quality, but they may be when they
stand for origin or proprietorship in
combination with words or other nu.
merals, 2 Boch & combination when
first used by ® manufadbarer will se-
cure to ham their use, 3. The defend.
ant insists that the words ‘Reeves’ im.
proved’ before ‘Homeopathic Bpecifics’
take him out of the class of lmitators,
1t is well settled that to establish an
infringement of a trade-mark it Is not
necessary to show that the imitation
is exact in sll particulars, If the re
semblance is such as not only to sug-
gest an intention to deceive, but is
alculated to mislead the public, who
thus to injure the sale of the goods of
the preprietor of the original device,
the injured party is entitled to redress,”
CONTRACT FOR BERVIORS—PAY-
MENT OUT OF OrRTAIN EARNINGS ~
MoNEY PAYMENT,— An engineer was
employed to operate the engines of a
company, and it was agreed that he
was to be paid out of the first earnings
of the machines. He had a settlement
with his employers, and they gave
bim a due-bill for the amount due, and
on this he brought suit, to which the
defence was set up that payment only
was demandable out of the earnings
aforesaid, and that as yet nothing had
been earned. Judgment was entered
for the plaintiff, and the defendants
appealed the case—Harkinson va. Dry
Placer Amalgamating Compavy—to
the Bupreme Court of Colorado, by
which the judgment was affirmed.
Judge Stone, in the opinion, said :
“The qestion 18 one of practical in-
terest not infrequently arising in busi.
ness ventures, and we have been at
sorue pains in its investigation. The
agreement did not expressly limit the
payment wholly to the contingency
of the machines earning enough to
pay for the services rendered, and in
the absence of an express limitation
it is not to be implied that the engineer
agreed to look to the earnings alone
for his wages, The condition can
only be regarded as indicating an ex-
pected time of payment, but not as s
sole condition of payment: and asa
legal consequence of such an agree-
ment the wages would be absolutely
due after a reasonable time for fairly
testing the use of the machines.
What is a reasonable time in all such
eases 1s » question for the Court.”
RAILROAD—LIABILITY FOR ACT OF
BRAKEMAN IN Purrine A TREes-
PASSER OFF A TRAIN IN MoTION.—A
man who had climbed upon a railway
freight car when the train was in
motion was removed by a brakeman
upon being told by him that he had
no ticket. The train was still in mo-
tion, and the trespasser in falling off
fell through a bridge and was injured.
He sued for damages for his injuries,
and recovered a judgment. The
company appealed the case— Marion
va. the Chicago, Rock Island and
Pacific Railroad Company-—to the
Supreme Court of Iowa, which re
versed the judgment, Judge Adams,
in the opinion, said :
Is liable for the wrongful sets only
when they are committel in the
course of his employment, If the
conduetor of this train had forced the
plaiotiff from it while in motion and
Crossing & Dbiidge, the act clearly
would, under the evidence of the rules
that, too, even If it were shown that
he had been expressly Instructed to
eject no person from the train while
in motion, and especially at a dan
gerous place. In one sense the speci
fic act would not be in the course of
his employment, but his general in-
structions to remove trespassers woul i
make the company liable. But, in
our opinion, a breakman is not em-
ployed to put trespassers off a train,
and therefore, that the company is not
liable here ”’
CONTRACT VERBAL ORDER, —A
carriage-maker received a verbal order
from the agent of F. to make him a
family earriage in six months, the
price not to exceed $900. The work
was done, but F. refused to pay for it,
and suit was brought for it; value
$850, and one month's storage. The
defendant was defeated and carried
the case—Meincke vs. Falk—to the
Bupreme Court of Wisconsin, Judge
Casasday, in the opinion, said: “It
is claimed that as the contract was
not in writing, the amount involved
being at least $50, it cannot be proven
ander the statute of frauds, Thais ques-
tion is not without difficalty, and the
decisions of the Couris are by no
means uniform. A contract for labor
and services was not required to be In
writing ; and we are of the opinion
that this contract can be proved ver
bally, as it Is for labor and services,
for without a special contract the car
riage would never have been manu.
factured in the particular manne.
shape or condition it was, and there
fore, the contract is essentially for
special skill, labor or workmanship,
and it Is not within the statute of
frauds,”
ExeMprioN LAWS—JUDGMENT IN
Favor oF THE UNITED STATES. The
United Siates recovered a judgment
against F., and the Marshal levied on
his homestead, F, then filed a hill
for a perpetual injunction to restrain
the Marshal from proceeding unde:
the levy, on the ground that the ex:
emption bound even the United States,
The United States Circuit Court for
the Eastern district of Wisow.
sin decided In favor of the com-
plasinant, and the Marshal appeal.
ed the cause to the Bupreme Court
of the United Bilaws, wnich af
firmed the decree, Mr. Justice Mats
thews in the opinion, sald: “Ihe
process of the respective States in the
enforcing remedies at common law
has been adopted by the United Biates
through Congressional legislation,
There are no other means provided
by which an execution on a judg ment
recovered in a Federal Court can be
enforced, and it necessarily follows
that whatever affects or attaches to
exscutions of a Biate will be applion-
ble to the executions of the Federal
Courts. Exemptions from levy and
sale prevent the force of the Htate
executions, and reduce likewise the
power of the Federal wrils.'’
CONTRACT — “GRAIN OPTIONS," —
In an action on a promissory mote the
maker set up as a defense that it had
been given for an option contract in
grain, in which it was not intended
that the grain should be delivered.
On the trial of the case—Murrsy vs,
Ocheltree—the plaintiff testifiad that
the contract was for a future delivery
of grain mn good faith, and the dee
fendant that it was an option only,
There was no other evidence. The
plaintiff was defeated and appealed to
the Sapreme Court of Iowa, which de-
cided in his favor. Judge Beck, In
the opinion, said: '‘The defendant
testified to one state of facts and the
plaintiff to the contrary. The de-
fense must make out that the note
which is evidence of a valid obliga-
tion 1s illegal, and therefore must pro.
duce a preponderance of testi-
mony. This has not been done,
and the judgment must be reversed.
If one of the parties te such a trans-
action as this acts in good faith the
transaction will be valid; no inten-
tion of the other par'y can affect it.”
: i
Sanitary,
Potato Poisoning. — Good Health
says everybody ought to be made ae-
quainted with the fact that there is
danger in the potato as well as in
many other kinds of vegetables when
unripe or when advancing toward
decay. When the potato is not fully
ripe, its skin contains a considerable
quantity of a dangerous poison known
as solanine, Thesame is true when
the potato has become old and begun
tosrrout. Buch potatoes are wholly
unfit for food, and are absolutely dan-
gerous,
A Few Simple Remedies. —A tea.
spoonful of charcoal in half & glass of
warm water often relieves a sick head-
ache, It absorbs the gases, and re-
lieves the distended stomach, pressing
against the nerves that extend from
the stomach to the head,
Casrcoal forms sn unrivalied poul.
It is
for what is called
It is a great disinfectant.
invaluable
proud flesh.
also
low dishes around the apartment,
and foul water Is also purified by ite
use,
For bruise: or sprains bathe the
cold water until you get
ready a decoction of wormwood and
vinegar, When the herb is fresh
gatherad, pound the leaves, wet with
vinegar, and bind on, and when the
herb is dry put it in the vinegar, and
let it boil a short time, then bathe the
bruise with the decoction and bind on
the herb,
There is nothing better for a cut
than powdered resin, Got a few
cents’ worth, pound it until it is fine,
put it in a cast-off spice box with per
forated top, then you can easily sift it
on the cut. Pat a soft cloth around
the injured member, and wet it with
water once in awhile ; it will prevent
inflammation or soreness
Hoarseness and tickling in the
throat are best relieved by a gargle of
the white of an egg beaten 10 a froth
in halfaglass of warm, sweetened
walter,
Hiccough can be immediately re-
lieved by administering a lump of
sugar wel with vinegar,
A simple and harmless remedy and
preventive for persons suffering from
car-sickness is a sheet of writing paper
worn next to the person directly over
the chest. It is highly recommended
and seldom fails,
Buy at avy drug store one ounce of
eamphorated oil and five cents’ worth
of chlorate of potash, and whenever a
soreness appears in the throat put the
potash in a half tumbler of water and
gargle the throat, then rub the neck
thoroughly with the camphorated oil
at night vefore going to bed, and also
pin around the throat a small strip of
woolen flannel. This is a cheap and
a sure remedy for sore throat,
It persons suffering from severe
headache would tie a handkerchief
tightly around the temples they
would find relief by so doing in a very
short time,
Hemorrhage of the luugs or stomach
# promptly checked by small does of
salt. The patient should be kept as
quiet as poseible,
A good remedy for warts or corns:
Drop a little vinegar on the wart or
corn, cover it immediately with cook-
ing sods or saleratus, let it remain te
minutes, Repeat several times ad
for threedayi anal tas warts and cor
will be gone.
There is an Adam and a Christ
within us ail; a natural and a spirit
asl man, whereof the father of our
mee and the author of our faith sre
the respective emblems, both In the
order of their sucoession and the na
ture of thelr mission, James Marti
eau,
The Diamond Rattlesnake,
Ordinarlly the jingle of a handful of
rings is not an unpleasant sound, but
when it happens that these rings are
fastened to six or seven feel of serpent
as thick as & man’s wrist, and that
serpent is armed with the whitest and
sharpest of fangs, nearly an Inch in
length, with cisterns of liquid poison
at the base, the music does not seem
cheerful or inspiriting. The snake
family are known to have but little
regard for the doctrine of mors] sus
slon, are apt to be rash in itheir eon-
clusions, and hasty in their actions, as
well as profoundly Indifferent to ar
gument or apology, reason and polite
ness being entirely wasted on them.
Only distance or brate force suffices to
restrain their insane propensity to
probe every living thing within reach
of those delicate needles of worry, As
the ‘'big Indian” among his lesser
braves; so is the dismond rattlesnake
of the Bouthern Btites among other
American serpents, Dressed in a
brownish colored cost plaided with
lighted lines in diamond-shaped
blocks, aud with dignity and {nde
pendence stamped on every carve and
motion, the sleek, olly-looking rascal
glides slowly through “hsmok” and
“scrub,” a terror to both man and
beast, turning aside for none, nor going
out of his way to attack any unless
pressed by hunger, which seldom
happens in this climate where animal
life abounds, As he moves guletly
along, his wicked little tyes seem to
emit & greenish light and shine with
as much brilliancy as the jewels of a
finished coquette, Nothing seems to
escape his obseryation, and on the
slightest movement near him he
swings into his fightiog attitude,
ralsing his upper jaw and erecting his
fangs, which, in» state of repose, lie
closely packed in the soft muscles of
his mouth. This snake is not as ae-
tive as his copperhead cousin of the
North, nor so quick to strike, but one
blow Is almost always fatal, His fangs
are 80 long that they penetrate deep
into muscles and veins of his vietim,
who has little time for more than a
single good.by before closing his eyes
forever. The writer has measured
these fangs and in one instance found
hem seven-eighths of an ineh in
length, and though not thicker than
& commrn sewing needle, yet perfor-
ated wi ha hole through which the
greenish-yellow 1!qaid could be forced
in considerable quantities, and in the
Case above mentioned each of the sacs
contained about a teaspoonful. The
fangs are only plerosd aboat two-
thirds their entire length, and are
always double, a smaller pair lying
immediately under the others and
ready for use in case of sceident to
the principal ones,
which is a species of acacia. IL was
grown from a seed brought from Aus-
tralia. The tree is now a sapling some
eight feet in height, and it is In full
foliage, growing rapidly. It is legn-
minous, and very distinctly shows
the characteristics of the mimosa, or
sensitive plant. Regularly every even-
ing, about the time the ‘‘chickens go
to the roost,” the tree goes to roost.
The leaves fold together, and the ends
of the tender twigs coll themselves up
like the tail of a well-conditioned pig.
After one of the twigs has been
stroked or handled, the leaves move
uneasily and are in a sort of mild com-
motion for a minute or mora. All
this was known about the tres, but it
is not long since that It was discover.
ed that the tree had in it much more
life and feeling than it had ever before
been credited with. The tree being
in quite a small pot, one which it
was fast outgrowing, it was thought
best to give it one of much larger size,
Yesterday afternon the tree was trans
ferred to its new quarters, It resent
ed the operation of its removal to the
best of its ability.
Arriving at his residence about the
time the tree had been transplanted
the gentleman found the house in
grand commotion, 0) seking what
was up he was told that they had
transplanted the (ree#accordide to
orders and the operation had “made
it very mad.”
Hardly had it been placed in its new
quarters before the leaves began to
stand up in all directions like the hair
on the tail of an angry cat, and soon
the whole plant was in a quiver.
This could have been endured, but as
the same time it gave out an odor
most pungent and sl just
such a smell as is given oii by rattle.
snakes and many other kinds of
snakes in summer when teased. This
odor so filled the house and was so
sickening that it was found necessary
to epen the doors and windows, It
was fully an hour before the plant
oalmed down and folded its leaves in
peace. It would probably not have
given up the fight even then had it
not been that its time for going to
roost had arrived.
+ Good deeds ring clear through
Bnven ike n bell,—Jean Paul Rick.
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Scraps from the Field of
Science.
Puscher, the Nuremberg chemist,
says that paste made of starch, glyeer-
Ine and gypsum will masintsin its
plasticity and adhesiveness longer
than any other cement,
Cultivation of the Portugese oyster
is recommended in the French official
journal on account of the alleged rich
ness of that bivalve in lodine, bro-
mine and chlorine.
The Lancet yields to the belief that
the electric light must soon becoms
the common illuminating agent, but
Insists that some method should be
devised to mitigate its Intensity,
Montana is said to contain a lerze
coal-bearing territory, and it 1s pre
dicted by geologists that the Territory
has the capacity for being the largest
coal producer in the Union,
There is reason to believe that the
power of the more intractable explo-
sives will soon be made simply motive
force—at least some of them—judging
from some of Herr Beck’s experi
ments,
Metallic iridium is very hard. It
easily cuts or marks steel. It can be
cut by a copper disk revolving sat
yery high velocity, if the surfaces in
coutact sre treated with corundum
and cil and the iridium shlieets are
very thin,
The Scientific American condemns |
the use of camp stools and chairs by
undertakers who take these seats from
house to house, thus disseminating |
disease. The carrying around of ice
boxes is deprecated for the same res-
BOD,
Dr. Quesneville stated befire the
Boclelte d’Hygiene that he had pre-
served water potable for more than
three years by adding to if halt a
grain of salicylic acid for each quart,
It is recommended for use in expedi-
tions in warm climates,
Japan is keeping tully abreast of
Western nations in the introdue-
tion of new inventions. Ouae of the |
latest signs of this spirit of enterprise
is the extensive use of the electric
Hght in several of the Government es
tablishments at Yokohama,
According to an Antwerp pharma.
ceutical journal, the best way to ree |
move lnk soots is to use a phosphate |
of sods, first of all spreading a few |
drops of melted suet over the ink spot, |
and then washing the substapnee in
Appears.
a foesil elephant have been found. |
and 0.28 metres where they are nar-
rowest, The find has caused guite a
sensation, and there will likely be a
careful excavation made when the
winter is over,
Papers read before the Academy of
Nclences, Paris, go 1 show that the
several electrical systems of Jabloch-
koff, Jamin and Debrun are now much
on a level from an economical point of
view. The data from which the re
sults were obtained had been collected
during the late exhibition of elestrio-
ity in the Franch capital,
Mr, Routledge held lately at a scien
tific meeting that the paper trade was
probably the one which turned to im-
mediate use more waste products than
any other. In it was utilized cotton,
flax, hemp and jute waste, and old
ropes and canvas rags. In fact, the
paper manufacturer could turn to
profitable purpose any vegetable fibre,
A Provisional Committee, the Pres
ident of which is M. Charles Boysset,
has been formed for organizing an
international exhibition of appliances
to insure the safety of railway passen-
gers, Itisintended that the aisplay
of the various devices will take place
some time this year in the Palais de
"Industrie, Paris. It ought to do
much good to inventors and the pub-
lie.
Belt manufacturers may find it of
interest to know that the experiments
of M. Jenatzy, of Brussels, disclose
that under uniform loads osoutchoue
takes increasing elongations, until it
becomes quite twice as long as it was
originally, and that then the elonga-
tions decrease until rupture ensues.
The weight necessary to quadruple
the length is three times that under
which the length has become double,
An automatic electric mechanism,
that is designed to announce the ap
proach of rallroad trains, has been
tried on what is called the Parle Lyon
Mediterranean Line. It consists of a
box filled with mercury placed under
the rail at the required distance from
a bell. When a train passes over this
box the mercury is so agitated as to
form contact with the wire communi.
osting with the bell and thus make
it ring.
An Italian journal recoommends the
use of methylaniline violet, also called
Hoftman’s purple and Paris violet, for
detecting free mineral acids in vine
gar. A solution of this dye, although
containing but 0.1 per cent. of it, will
be changed to an ultramarine blue by
-_
very dilute, while organic acids d o
not affect the color,
A mixture of twenty parts of hard
sonp, forty parts of kerosene and one
part of fir balsam has been found very
effective in destroying losects which
damage the orange tree, Profesor CO.
V. Riley Is the suthority. Other val
uable plants, notably the vine, might
be similarly protected by a spray from
an application of the same recipe. It
can be diluted at will with water, so
a3 not to interfere with the consti
tution of the plant.
A A ——————
Incorrect Talking.
Though the schoolmaster holds his
reception in almost every nook and
oruer of the land, there Is a great deal
of incorrect {a king, even among edu.
cated people, Bishop Clark gives in
wie New York Ledger a few speci.
mens of the popular errors of speech,
in the form of a dialogue between sa
cs reless talker and his eritieal friend
“Good afternoon, John, How long
have you been selling here?”
I have been sitling here about an
hour, watching to see these men set
the stones in my wall.”
“It kind of pecrus to me thst the
work Is done rather fly.”
“Perhaps it is not done quite as
welly as it might be.”
“I kind of think that word welly
sounds odd.”
“It is as good a word as ily. But
why do you say, ‘It kind of seems,
and ‘I kind of think,’ when you might
Just as well say, ‘It seems,’ and “I
think?”
“1'ye got sort of used to talking that
way.”
‘“It is a very poor sort of way.”
“I never had nobody to learn me
any better,
“You mean that yon have had no
body to tesch you.”
“I mm geting tired, and 1 think I
will lay down on the grass and resi
& epe’l”
“You can lie down, but it would be
well for you to lay your closk on the
“Be you going to stop here for long?”
“1 stopped here when I arrived, but
ghall not sfay long. Are you going
home soon 7
“l be
“Why notesy, ‘I am? ‘Be you'
and ‘J be’ are very raw and disagree
able plirases,’’
“All right, O K ; but the master al.
ways e#eys to his scholars, ‘Be you
Him and me met at
the deacon’s last night.”
“What did Aim and you do after you
got there 7
“We looked at thems things he has
just brought from New York.”
“Were then things worth looking
at 7”
“Tolerable. By the way, the deacon
must have guile a fortune,”
“What sort of a fortune? Quite
inrge or quite small ?”
“Quite large, of course.”
“Why did you not ssy so?"
“My next neighbor bas just put up
a fence on eifhcr side of his front
y rd.”
*I suppose you intend to ssy that he
has put up a fence on both sides.”
‘Between you and I""—
“Please change that to ‘Between
von and me.” You would not say,
‘There is no great difference of opin.
fou between you and Ae,’
“I usually say, Aim and me agree
pretty wall”
“Then you speak very bad English,
and you probably ssy, ‘It is me,’ in-
stend of ‘It is 1.”
“O! eourse 1 do, and so does most of
the people that I know. My boy Is
just going to school, and as he is a nes
beginner I suppose he will appear to
be rather green.”
“Did you ever hear of any beginner
who was not new ?"’
“I wish simply to state’ —
“That is, you wish to state’ —
“That our mutual friend’ —
“Please say our common friend,
You would not call him a reciprocal
friend ?V
“Why do you interrupt me =o
often ?"
“Because you make so many blun
ders,”
Two Hounds Kill and Eat =a
Horse.
Two large hounds belonging to a
negro living near New Orleans attack
ed a horse that had been turned out te
graze. After seizing and throwing
him down they satisfied their rapa
cious appetites bv eatin their SI
of his living carcass. They are
almost wild, and have been discov.
ered devouring the carcasses of hogs
they had killed in the forest.
UBSTI TUTE FOR BUTTER —A lady
who is a famous housekeeper recom-
mends an econominal plan for making
cakes without butter, which may be
of use to our readers who have a dred
of * marjorine.” Take a piece of fan
pork, melt it down and strain No
through a piece of coarse, thin mus
lin; set it swide until itis cold , it ie
then white and firm, and may be
used like butter in any kind of cake.
In pound-oake she assures us it ie
delicious,
mineral sclds, even when they are