Be
BR naan
Recent Legal Decisions
LiBEL—EXxCEssivE DAMAGES—UN-
SUPPORTED STATEMENTS OF COUNSEL
—NEW TRIAL.—A judgment for $20,
000 damages for an alleged libel pub-
lished in the New York Herald was reg
zovered by the ptaintiff in the case ©
Malloy vs. Bennett, brought in the
United States Circuit Court, Southern
district of New York, and on a motion
or a new trial, on the grounds that the
verdict was excessive, the point was
made that the Court had misled the
jury in refusing to instruct them that
they should disregard certain state-
ments made by the plaintiff's counsel
upon his opening of the case which he
did not sustain by evidence. A new trial
was granted on that ground. Judge
Wallace, in the opinion, said: ‘*'The
refusal to give the charge requested.
is not in view of the other instruc-
tions given, error, and in an ordinary
verdict would not
but with this verdict it starts the sug-
gestion that the jury may have miscon-
ceived the reason why it wus withheld. |
Solicitous that the defendant shall have |
the full and exact measure of justi el
to which he is entitled, and doubting
whether the large verdict against him
may not have been influenced by the
the part of the
jury, a trial before a second jury is
deemed just in the interest of justice,
deserve attention,
|
i
{
misapprehension on
i
PROMISSORY NOTE—GUARANTY-—
AmsoLuTE CoNTRACT. — Upon
promissory notes there was the follow
ing indorsement : ‘‘ For vaiue received
we guarantee the payment of the with-
in note, and hereby waive protest, de-
mand and notice of non-payment there-
of.—W. 8. B. & Co."
not paid and the indorsers were sued,
and they defended on the ground that
two
The notes were
they could not be held liable until after
a failure of the maker to pay or satisly
said: “The rightful possession of the
certificates with the blank indorsements
and powers of attorney thereon would
give the holder authority to fill up the
blanks and have the stock transferred |
to him on the books of the corporation,
Had that been done it would have
passed the legal title to the assignee
and equity will certainly grant no re-
lief to the assignor ; no relief against the
sale or pledge of the stock in
faith, although the assignee may never
choose to give the stock tran ferred to
him under the byl-aws of the corpora-
tion,
good
RAILROAD NEGLIGENCE-—~FREE PASS
~—STIPULATION AS INJURIES. —A
passenger who was riding on a free pass
TO
on a railway train was injured by a
collision with a special train of the com- |
pany. In an action to recover for the |
injuries the company set up two defen-
ses: 1. The condition on the back of
the ‘‘pass,’’ that the person accepting |
this free pass assumes all risk of accident
to his person or property without claims |
“3
for damages on this corporation. =. |
That as the *‘pass’’ was illegal under
to use it,
tiff could not be permitted aud |
was therefore a tresp av on the train, |
The plaintiff recovered, and the company
Buffalo, Pittsburg and
vs. O'Hara |
carried the case
Western Railroad Company
to the Supreme Court of Penn ania, |
which affirmed the judgment. The Court
said: “A common carrier cannot pro- |
tect himself by special contract from |
lability
extraordinary
may protect himself by such a contract. |
it
have been taken up and fare demanded ; |
for negligence. Against his |
liability as a carrier he |
If the pass were unlawful should |
otherwise there can be no claim for a |
trespass,
i
Earthquakes and Pagodas.
a judgment against him
tiff recovered.
the Bloom Warder
Supreme Court of Nebraska,
but the plain- |
CASE VS. to the
the judgment affirmed.
Cobb, in
dersem
was
the opinion, said :
+
ent is an absolute contract {
lawful consideration
#hint
Vile
pressed in the
Hole 86
thereof, at
maturity
depends in no degree upon the
of payment of the maker of
any diligence on the part of
This case must be disting
cases of guaral
potes, in which
been held
prompt
$4} ¥
* LehREL
MUNICIPAL CORPORATION
FECTIVE PI
JURY FROM
N FOR SIDEW
A
¥ ICE.
cle
ON
LLL
walk
al
seven and
width of six feet, and a passer
ped and fell on some ice formed
water spilled on the pavement,
injured. A suit was brought
the city
Ogdensburg
Urquhart vs, the City
tO recover
The the Court of
Appeals of New York. by which the
judgment was reversed.
city appealed to
by Judge Cooley in alate case in Michi-
gan is that which controls this case.
said : *‘ In planning public works a
municipal corporation must determine
for itself to what extent it shall guard
against possible accidents.
juries are not to say it shall be punished
in damages for not giving to the public
more complete protection; for that
would be to take the administration of
public affairs out of the hands to which
it has been intrusted by law. What the
public have a right to require is that
in the construction of their works after
the plans are fixed upon, and in their
management afterward, due care shall
be observed ; but negligence is not to
be predicted of the plan itself.
rule has been held to be applicable as
well to work done as to a design pro-
posed. The approval of a plan when
completed is as much a judical act as
the design of it. It of no
quence that the judgment was exercised
Courts and
is
prehended the single plan.”
Stock LOANED—BORROWER USING
or His CREDITOR.--A, an owner of
shares in a corporation, lent the certifi
cates for it to B, signing the power of
attorney on the back of the certificates
in blank. This power contained the
usual authority to sell and transfer the
stock. B used this stock as security for
a loan from G, giving him the certifi-
cates, with the powers of attorney ashe
had received them from the owner. The
loan to B was not paid, and after the
death of A, theowner of the stock, his
administrator filed a bill in equity to
have the stock in G's hands declared:
the property of A and to compel the
delivery up of the certificates.
The Court below decided in favor of
GG, and the case—Otis va, Gradper-—
was appealed to the Supreme Court of
inoks, which also degided in G's favor.
of the Japanese
A
understandi
notable instance
£ t}
» fiviiie
the Lions ul
cond
they
ivi
ly denoun
biock. To it
t he told me that the struc-
the cenlre
we strong to support the vast |
al mass, In my ignorance [ replied
y centre part was not supported
the sides, but upon reaching the top |
this monstrous central ass
and
suspended like a clapper of a bello
when 1 had descended 1 could by lying
inch of space intervening between il
and the earth which formed the floor |
of the pagoda. The pagoda is 10 al
Buddhist temple what a spire is to a |
Christian church; and by its clever |
construction it is enabled to retain its
vertical position even during the con
tinuation of earthquake shocks, for by |
the swinging of this vast pendulum the
centre of gravity is kept within the |
I now understood the reason for |
| base,
that lavish use of timber, which I had |
so rashly pronounced to be useless ; and |
[ see that there is a method in Japanese
construction which is worthy of high {
appreciation. In the absence of any
other instance, the employment of that |
scientific method of keeping the pagoda |
upright shows how carefully the Japan- |
| ee have thought out the requirements |
| to be met,
{
- we i
| Georgie Didn't Take the Cake
Little Georgie had been sick, and |
was consequently placed upon & close
diet. Feeling some better Le begged |
for just one piece of cake. ‘‘Does your |
head ache ¥** asked his mother. “No, |
mamma," Georgie replied eagerly, ‘not |
one mite.” “Do you feel bad at your |
stomach #7 “No, 1 feel first rate."
“Well. then," sid his mother, “‘1 guess
you had better not have any.” Fancy
Georgie's feelings, and wonder what
would have been the maternal verdict
had. his head ached and his stomach
felt bad,
a AY M—
A very fashionable material for dressy
home toilets is cream-white serged flan.
nel trimmed with long loops and ends
of white moire or satin ribbon, For
young married ladies this fabric is made
into tem-gowns and Grecian robes with
trimmings of lace and white silk em-
broidery or braiding,
nable Fancles,
Fashio
In Paris shoes and stockings must
match the dress,
Velvet basques grow more and more
in popular favor,
The muslinsg are
without any starch or size,
new soft-finished,
Sun's veiling will continue a stand
ard material for summer wear,
Ashes of roses has made its appear-
ance among the wsthetic colors.
Irregular points called coques’ combs
edge the new Ottoman ribbons,
Beaded fringes figure largely among
importations of new trimmings.
lerical
straight ¢
button.
Linen collars are
bands, fastened with a jeweled
Birds and fruits form a part of the
design of many of the dressiest sateens,
Robe
1
IoUNCeas Appear among sprin
dresses with embroidered
or
#
importa-
tions.
The transit of Venus design is one
I
teens,
New sateens appear |
wsthetic colors
Fur capes and
thine JH bibles, 1iVEeY, form
handsome combs, ball-bars, dag-
gers and crescents for the hair, and are
evelung,
! .
A large rosette or bow of velvet rib-
a square or horse-shoe bu kle
Strauss pebble, is worn on the left
dress just below the waist,
3 sigh
8, ae
frawb ry, ceri
garnet shades are worn
ries] house rv
ye
Society girls have little
K OF geicaiely
whe $e
own hand-
These
a knot
fo this
whieh
painting, either floral or cot
i}
hey suspend frofo the waist
Us
i
ends of narrow ribbon
the
and
card
of dascing.
he pack of the case are fastened small
loops of ribbon, which serve to hold a
tiny pencil,
A stylish house drei 1s made of dark
jussian gray The skirt
case they slip on is
be order Down
cashmere, #
devoid of trimming. The bodice is
pointed, front and back, the paniers are
arranged in heavy plaits, rounding over
the hips and joining the lightly puffed
drapery in the back. The front of the
half the length of the long, close sleeves
are trimmed with an elaborate patiern
in braidwork
© Saw the Elephant.
An Indian merchant took an elephan
No sooner had he arrived
than he noticed a European, who, with
out saying a word, walked round and
round the elephant, examining it alten-
tively on all sides. The merchant ad-
dressed several questions to him with
out eliciting a reply. An tending
purchaser appeared on the scene, and
the merchant turned eagerly to the Eu-
ropean and whispered in his ear :
“Don’t say a word till 1 have sold the
elephant, and 1 will make you a hand-
some present.’’
The stranger nodded assent, and re-
mained mute as before, When the bar.
gain was concluded and the money paid,
the merchant handed over ten per cent,
of the purchase money, and said to the
mysterious personage :
“Now you can speak ; I want you to
explain how yon came to notice ihe
blemish in the left leg of my elgfbant,
which I thought 1 had managed euirely
to conceal ?' ?
“A, blemish I"* replied the silent one,
“1 discovered nothing ; it is the first
time 1 ever saw an elephant in my life,
and 1 examined it out of sheer curi-
osity.”’
Culture—~Acclimatization
ssi
repnarkable discovery in the Yellowstone
Park, He says: *‘* While waiting for
down on a rock with my Winchester
lying across my knees, Around me was
a scence of grandeur, Lwas in a deep
gorge which led: down into the walley.
On each side the gray cliffs towered to a
magnificent height. Behind me was the
path which 1 had come
through a thick. growth of stunted
pines, while in front of and below me
was the gorge (a quarter of a mile wide,
perhaps), its bottom covered from the
foot cliff to the other witha
heavy growth of timber. After resting
awhile I stood up and listened, expect
ing to hear my
But not a
steep down
of one
friends approaciing.
sound met ,my hear. The
ing article to the Massachusetts Plough-
| mam which eoutains many valuable sug-
| gestions to tree planters. He remarked
in a former article that all the attempts
to acclimate in the East the trees of the
{Pacific coast have ended with total
failure, which brings us to the subject
| of acclimatization, one which has atirac-
ted a great deal of attention, and the
| formation of societies for that especial
| object, notably that of Paris. Dut so
| far as any facts have been ascertained,
to
although 1 opened my mouth and
ed to call out my companions,
went
g
vell, not 4 sound could I make,
again, and with the same result. 1
couldn't understand it. My
noticed a move
by. and probably thinking her
friends werd near attemnpled a “whinny
shi
make a sound. She was
It was a sad could
evidently
mueh astonisl and became
CARY.
**T was on the point of mounting and
starting back up the
mountain, when
tribe stepped out of the bushes
about th
wit
rity feet of where 1 was stand-
IDE.
to spring at me,
gun to my shoulder and
there was
the end of the
t fell an if struck
Fer ¥Th vis aes
1358 1d
1
We are all familiar with numerous
vated abroad beyond the memory of any
the
how
Take for instance
know not just
any knowledge,
We
peach tree,
seed in our own country; but we do
know L
it reaches into the bundreds, yet
the peach to-day is no hardier than it
was a hundred years ago, and
that the
been grown from seed produced
to ¥ and
Pacific coust. There have been va
the fact
Vermont lorida west
¥
4 y veri
uch as donble-flowering varieties,
direct from China, weeping vari-
Lies, durk-
of
6
L1i
and kinds with purple or
colored foliage. but the hardiness,
tree remains precisely the same ;
are uncertain in climate, and
Ol
i
tional winie-. No better test could Le
wo
der tree quite bard
y
whether .from a colder
peaches
How-tleshed peaches varietie
ul no addi-
+ uth
g ut the top of their voices
fii thes (34
. Who #
» way back «
4
h was cl i #5
it ar, with a
“14
bursied my
Ot velled, od me
shoul nears
We had got
Helena Herald,
ost —
Chestnuts and Chesnut Trees
in italy.
His
tympanum. oul ol he
Signor Schira, Inspector General of
in an interesting report says
chestnut: tree on: Mount Aan, which
gill lives, measures 64 metres in cir
cumferénos at Tts Base, TtR age is esti.
some attribute todt
4000, some 2000 years, and recent stu-
dies give it at least 800 Yéars, There
are some other famous chestnut trees
in Italy, notably one in Montamiata, in
Tuscany. The deplorable custom of
late years of destroying the forests has
deprived Italy of many noble chestnuts,
but it is to be hoped they will be pro-
tected by the new scheme of the Minis-
ter of Agriculture for rewooding the
denuded mountains, In the vorth’ ef
Italy the chestnut grows at an altitude
of from 400 to WX metres above the
level of the sea: in sunny situations
even at 1200. In the south the zone of
growth is between 500 and 1200 metres
above the level of the sea,
Almost all the Italian provinces culti-
vate the chestnut, these trees occupying
a total superfice in Italy of about 469,
114 acres. The most are found in the
provinces of Lucca, Sondrio and Genoa,
In Lucca, for example, 182,52 per thou-
sand acres of the territory are occupied
by the chestmut. The total annual pro-
duce of chestnut (fruit) is about 5,768,
430 quintals. Those of Cuneo are best
both for quality and quantity. The ex-
riation is about 70,000 quintals, at a
profit of about 2,000,000 francs. There
» neveral methods of preserving the
it—frown sugaring the chestnuts to
ightly“ boiling und then drying them,
laying them, when newly. gathered
in vases, and burying the vases in'dry
earth, when they will remain fresh and
good till the next June.
i
Looking
he same efiect, except
case. The well known
Ti
if our cimale,
tary
abr vile LA ME LNLS
or one of
It is true the
VEars, but
injured that they are anything but orma-
mental.
attempts at acclimation in our climate,
notwithstanding the fact that the sed
was gathers] from trees where the snow
was often a foot deep; nothing short
of absolute protection could keep them
alive,
The Douglass fir of which Mr. Robin-
son speaks so highly is indeed a hand-
some and most valuable tree, and it is
to be regretted that it has not yet been
found thoroughly hardy only in one
place, although the author characterizes
it “as the most interesting and valuable
of all exotic trees recently introduced
into. Massachuseits,”’ and ‘its intro
duction worth many millions of dollars
to the State.” Now I do not know of
‘any fine specimens except those of Mr.
Hunnewell on his fine grounds at
Wellesley, 1 have cultivated it for
forty years, though the trees were
always introduced from England, but 1
have never been able to preserve even
one tree. Where the Colorado speci-
mens fifteen feet high are growing the
author does not tell us, Mr. Hunbe-
well's specimens are of his own raising
from one tree, which by particular care
grew large enough to produce seed ;
from this tree have been grown the
very beautiful specimens which orna-
ment his group of coniferous trees,
Experiments with the Douglass fir in
Massachusetts should be conducted
with much caution, for I fear that the
attempt to acclimate it would end like
other Pacific Coast trees—an utter
failure. SHIT would not wish to be
considered as discouraging such at-
tempts, but that no extensive planting
should be made until we know some.
thing more of ita hardiness in our severe
limates .
The trees of California (Se-
quoia gigantea) have not yet been
A
—
found to succeed in our climate,
though seeds taken from the highest
recorded elevations have been tried. It
is, or should be, the object of the
Arnold Arboretum to try these expex
ments, and give the public the ac
of the patient endeavors of
its professors
vantage
the skill of its garden
best of
general culture (mot special care and
protection), ascertain the exact
hardiness of this and other trees, of
which a list is given for Massachusetts,
The numerous losses [| have
ers and the opportunities
vo
made in
the attempt Yor nearly half a century to
acclimate the coniferous of
which there was any of succeed
ail {ress
hope
English climate, induce me to utler a
(who
nent)
plant at
as dry
of
4
word of caution to all cultivators
have not the wealth to exper to
and not
all un a subsoil
and localities as fortunate as, those
eWe
’ :
I'he Capre is an ele-
owing to
s mild winters,
: large enough to
we planted and
nis obtained,
one
ii
Li
bluish
inner fo
ng ior
SIX Vears,
t and
or
winters,
hundred vears
eX
dif-
we
Have been
tic trees, In
if
hat trees to plant and what
cause such experiments
utry ; and
Married Folks Would be
Happier
als were never wid te
made up after
IW ANCR
were propor
Tw agreeable as in
be a support and
their hus
OVErs,
were laid im
vy : dha 4 >
ibered that they
¥
as well as for
nen
were as thoughtful of their
@ as they are of their sweethearts,
If there fewer silk and velvet
and more plain, tidy
ere
CORLL
es
If there were fewer “please darlings’
If wives and husbands would take
some pleasure as they go along, and
wt degeperate into some toiling ma-
chines. Recreaeion is necessary to keep
the heart in its place, and to get slong
without it is a big mistake,
»
li eins
I sions
Clips.
The United States eats annually $3,-
000,000 worth of peanuts,
Mr. Bearden, aged 104 years, and
Mrs, Lee, 40 years of age, were united
in marriage in Bibb county, Alabama,
recently.
The gold-mining fever has broken out
anew in Georgia, and almost every
paper in the State has something to say
about the yellow metal,
A Carson {Nev.)man, who was di-
vorced from his wife twenty years. age,
left for California recently to remarry
the partner of his early manhood. He
has nelther seen his former wife nor his
children during all this time,
Lass than a century ago, on July 13,
1788, France, Belgium Holland, and
Switzerland were swept by a cold wave
80 intense that the Lake of Geneva was
covered with joe three-quarters of an
inch thick. If those countries had been
well wooded the disaster, it is thought,
would not have occurred.
“ Spinster dinners is a new form of
hospitality which will be introduced this
season. Betrothed girls, on the eve of
their marriages, will give farewell din-
pers to their maiden friends, Men will
be altogether absent, and the only ma-
trons present will be the mothers of the
future bride and groom. Failing a
mother, a maiden aunt, or even a grand-
mother, will be invited.