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k Legal Decisions.
Iocean Steamship and
r—Stern Outlook on
r-TowiNO Steamer. — The
Jip Nevada was about to start
jw York for Liverpool, on
nr 27, 1881. She was adver-
start at 3 o’clock p. m., had
bells and blown her whistle
les, and her signals for start
flying at her mast-head,
that moment a steam-tug
the slip with the canal boat
feen in tow, which was then
to another canal-boat, the C,
, which was in turn fastened
in elevator lying be3ide *he
lip Scotia at the pier. The
Ir of the Nevada at once began
five, producing a suction and
non of the water sufficient to
le Hart to break her fastenings
’Green to swing around under
&rn of the Nevada, where she
by the propeller and sunk,
red, and her cargo destroy -
was no stern lookout on
3hip, The owner of the
a libel against the Nevada
fcered a decree for the dam-
suflered, in the United
Southern District of
ind the owners of the
>pealed to the Supreme
[e United States, which de-
3e—The Steamship Ne-
fiick—against them. Mr.
lley, in the opinion, said :
gl for the steamship sig-
* Is a steamship to be
the use of her own
imotion; must she be
the inconvenience and
towed out of the har-
steamship is one of
9ns of the century,
the advanced instrumen-
lodern civilization; but,
freely exercise its power-
md sport its leviathan
5n the ocean or in deep
raters, it is j ustly required
fo extraordinary care and
ilness when surrounded by
craft in a crowded harbor;
mder some circumstances and
a limited space, it may be
to dispense with its own
M locomotion and resort to
For other safe and quiet means
lging its position and effecting
Bss&ry movements. The canal
ras handled with all reasonable
id if the steamship had had a
lent lookout at its stern the colli-
rould not have happened ; it
tve been prevented.”
jRoad —■ Damages for Not
fciNG Train.—A passenger sued
by company for the damages
red from his inability to take
ft a signal station, the engi-
conductor not stopping, or
lg to stop the train. In this
^Morse vs. Duncan, Receiver—
Hill, in the U nited States Cir-
iurt, Southern district of Missis-
i;ave the petitioner a judgment
his actual outlay from the in*
ience, and directed that as that
rad not been tendered by the
le should also pay the costs,
on the trial that the peti-
given the signal to stop for
id other persons; but the
id engineer testified that
fed for it, but that none
le Judge said that as
£naTTO^ULgnhe must believe
conducto^M^^y^jeer did
luffleient notice to see it.
Negligence the company is
actual damages only. But
Leers of the road had seen
and then willfully disre-
lunitive damages might be
'Marks,—A company had
ired homeopathic medicines
'years, and had sold a series
ive remedies, put up in bot-
fg on them labels and wrap-
the words “Homeopathic
In connection with certain
and references to the dis-
lrmitles to be remedied, as
Ver, Congestion, Inflamma-
person used bottles of about
lesg^Kriaeas the company’s, label
lg themconspieuously “Homeopathic
peel flea,” and numbering the series
rom 1 to 40, attaching the oomplaints
> be remedied. The oompany sued
>r an infringement and an accounting
-Humphrey’s Specific Homeopathic
[edioine Company vs. Wers—in the
fnited States Cirouit Court for New
■ey, and applied for a preliminary
lunotion. Judge Nixon in granting
lie motion said: “1. Mere numbers
rnever the object of a trade;
they are employed
combination with words or other nu
merals. 2. Such a combination when
first used by a manufacturer will se
cure to him their use. 8. The defend
ant insists that the words ‘Reeves’ im
proved’ before ‘Homeopathic Specifics’
take him out of the class of Imitators.
It is well settled that to establish an
infringement of a trade-mark it is not
necessary to show that the imitation
is exact in all particulars, If the re
semblance is such as not only to sug
gest an intention to deceive, but is
calculated to mislead the public, who
are purchasers of the article, and
thus to injure the sale of the goods of
the proprietor of the original device,
the inj ured party is entitled to redress.”
Contract for Services—Pay
ment Out of Certain 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 fi rat earnings
of the machines. He had a settlement
with his employ irs, and they gave
him 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 yat nothing had
been earned. Judgment was entered
for the plain tiff, and the defendants
appealed the case—Hark ins on vs. Dry
Placer Amalgamating Company—to
the Supreme Court of Colorado, by
which the judgment was affirmed.
Judge Stone, in the opinion, said:
“The qestion is one of practical in
terest not infrequently arising in busi
ness ventures, and we have been at
some 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 a
sole condition of payment: and as a
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 euoh
Cises Is a question for the Court.” •
Railroad—Liability for Act of
Brakeman in Putting a Tres
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
ftll through a bridge and was injured.
He sued for damages for his injuries,
and recovered a judgment. The
company appealed the case—Marion
vs. the Chicago, Rock Island and
Pacific Railroad Company—to the
Supreme Court of Iowa, which re
versed the j udgment. J udge Adams,
in the opinion, said : “An employer
is liable for the wrongful acts only
when they are committed in the
course of his employment. If the
conductor of this train had forced the
plaintiff from it while in motion and
crossing a bridge, the act clearly
would, under the evidence of the rules
of the company, be deemed to be in
the course of his employment, and
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 pUoe. In one sense the speci
fic act would nofc be in the course of
his employment, but his general in
structions to remove trespassers would
make the oompany 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 carriage in six months, the
price not to exoeed $9i)0. 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 del Bated and carried
the case—Meinoke vs. Falk—to the
Supreme Court of Wisconsin, Judge
Cassaday, in the opinion, said: “It
is olaimed that as the oontraot was
not in writing, the amount involved
being at least $50, it oannot be proven
under the statute of frauds. This ques
tion is not without difficulty, and the
decisions of the Courts are by no
means uniform. A oontraot for labor
and services was not required to be in
writing; and we are of the opinion
that this oontraot dpi be proved ver
bally, a^lt is fojyfiabor and services,
for SDfl^oar-
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.”
Exemption Laws—Judgment in
Favor of the United States.—The
United States recovered a judgment
against F., and the Marshal levied on
his homestead. F. then filed a bill
for a perpetual injunction to restrain
the Marshal from proceeding undei
the levy, on the ground that the ex
emption bound even the United States.
The United States Circuit Court for
the Eastern district of Wiscon
sin decided in favor of the com
plainant, and the Marshal appeal
ed the cause to the Supreme Court
of the United States, which af
firmed the decree. Mr. Justice Mat
thews in the opinion, said: “The
process of the respective States in the
enforcing remedies at common law
has been adopted by the United States
through Congressional legislation.
There are no other means provided
by which an execution on a judgment
recovered in a Federal Court can be
enforced, and it necessarily follows
that whatever affects or attaches to
executions of a State will be applica
ble to the executions of the Federal
Courts. Exemptions from levy and
sale prevent the force of the State
executions, and reduce likewise the
power of the Federal writs.”
Contract — “Grain Options.”—
In an action on a promissory note the
maker set up as a defense that it had
been given for an option oontraot in
grain, in which it was not intended
that the grain should be delivered.
On the trial of the case—Murray vs.
Oeheltree—the plaintiff testified that
the contract was for a future delivery
of grain in good faith, and the de
fendant that it was an option only.
There was no other evidence. The
plaintiff was defeated and appealed to
the S ipreme 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 th at the note
which is evidence of a valid obliga
tion Is 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 to such a trans
action as this acts in good faith the
transaction will be valid; no inten
tion of the other parly can affect it.”
Time to Kill Him.
“Pa,” said a boy looking up from
his grammar lesson, “Why am I a
preached'’
“Why are you a preacher ?”
“Yes, sir.”
“You are not a preacher.”
“Yes, I am, for don’t you see I’m a
parsin’.”
“I don’t know what you mean,”
“Why, don’t you see? A preacher
is a parson and I’m a parsin’. It’s a
pun.”
“Jane,” said the father, turning to
his wife, “hand me that stick of stove
wo<ft, I can pardon his lying and
can excuse his stealing but now the
time for killing him has arrived.”—
Arkanaaw Traveler.
Required Figuring.
“How many timea have you been
married?’’ was asked of a oolored
legislator.
“Wall, boss, I ain’t much on Aggers
an’ you’ll sorter hafter hep me. I was
married ebery time 1 changed mas
ters.”
“How often did you change mas
ters?”
“Dat’s what I don’t know, boss, and
dat’s whar 1 wants yerter to do a little
fingerin’. Now, ef yar can tell me by
’dition an’ ’straotion how many times
I changed han’s afore de wah, den we
can get at de oorreck number ob wives
which I has been in possession ob.”—
Arkanaaw Traveler.
Indeed We Can’t.
“Hortense” sends a poem beginning
“Throw your arms around me, dar
ling!” We cannot do it, Hortense;
indeed we oan’t. We happened to
reoogniza your penmanship and know
y ou to be a woman who weighs over
three hundred, with a waist like a
tobaoc^hogshead. Did you really ex
pert us to throw our arms around that
waist? Do you fondly imagine that
our arms are like the angle worm that
can stretch out to an indefinite length?
it is noL^^feet thee to a hay
the
Smiles.
A young man Ailing up on bad liquor,
Became a most obstinate klquor.
He made so muoh dtn
Tbe cops run blm In,
Which obliged him to pawn his gold tlquor.
“Almost a bad disaster,” is a head
ing in an exchange. We are now en
gaged in a wild search for a good dis
aster.
There is no law in this country to
oblige the owner of a clipped horse to
pass the winter without flannels or
overcoats, but there ought to bo.
Tbe inventor of the patent-toed shoes
which have been so popular has re
tiled on a fortune, and yet he had no
patent op them. He is a corn doctor.
Talmage is on the ragged elge for
fear the penal code may be adopted in
Brooklyn and compel his adopting a
less acrobatic system of gestures.
The need of the age is not only a
stronger nail, but also a nail that can
be driven by a woman. One with a
head about the size of a trade dollar.
An Egyptian traveler confidently
asserts that Arabi Bey’s wife is a Phil
adelphian. He probably saw her on
her knees in front of the palace scrub
bing the pavement.
A boy in town insists that he is a
girl and wears frocks. If his parents
compel him to wash dishes and tend
the baby he’ll soon get'over his hallu-
ination.
L quor dealers propose to keep a
stock of umbrellas on hand, so that a
customer can hold one over his head
while taking a drink, and thus avoid
violating the screen law.
An ex. says that “to wear patched
clotheB is no disgrace,” but it looks
like sin struck with a club, and we
wouldn’t do it if—if we were engaged
in other business.
Bob Ingersoll cleared $4000 in Chi
cago in three lectures, and now we
understand why the great Chicago
fire took place. We always blamed
Mrs. O’Leary’s cow before.
It is all very well to talk of Green
land being far away, but it’s a million
miles this side of the look on the man’s
face who has just sat down on a slip
pery spot in front of our office win
dow.
It took three men to knock down a
car conductor, in New York. Why,
one good car conductor, with practice,
ought to be able to knock down a car
load—and some of them do it.
Y oung ladies are organizing socie
ties where each member agrees not to
kiss a young man who persists in
smoking cigarettes. If young men
persist in this habit, we fear the socie-
’ ties will break up.
“Does your Helen remind you of
Helen of Troy?” she asked sweetly,
as the sofa springs flattened under a
pressure of 160 pounds. “No, not pre
cisely ; you remind me more of Helen,
of Avoirdupois,” was his scaly reply.
A gentleman wa3 talking to the
owner of a ferocious bull-dog, and
asked him the question: “Do you
think your dog could become fond of
a stranger?’’ “Yes,” replied the dog
fancier, “if he was raw, but he
wouldn’t if the stranger was cooked.”
Bo many candidates refuse to stand
on the party platform, that we sug
gest a comfortable rooking chair be
placed on the party platform in the
future, although quite a number of
those independent candidates have
been gently rooked to sleep without
any rocking chair.
First masher—“Well, did you make
the acquaintance of that strange girl
you were raving over ?” Second ditto—
“Yes, followed her home.” First M,—
"How did she strike you?” Second
ditto—“She didn’t strike me at all;
she got hef brother to do it.”
The latest mode of popping the
question was introduced by an Evans
ville young man. The present cold
snap nerved him to ask his adored :
“Miranda, do you wish to warm you:
feet against my back this winter ? ”
And Miranda blushed and softly mur
mured : “it’s going to be a terrible
oold winter, John.”.
Mons. Pateau has discovered that
while a horse oan pull only six-sev
enths of its weight, a bee oan pull
twenty times its weight. When some
one discovers how to grow bees as
large as horses, the latter animal will
have to take a back seat. But it
would be fatal to fool around the
heels of suoh a bee. With its juyelL'
it could pin a man against the side
the stable^JgerllMM Ilf Quid be* >
ter i
lead Broke.
One afternoon a number of yean
ago a lady and a gentleman wer
seated under the horse chestnuts in
the main avenue of the garden of the
Tuileries in Paris which is a public
promenade, re most of the people
know, and where numberless chain
are placed in rows and hired to tap
tigued promenaders for six cents
each.
After having conversed for some
time, watching the gambols of the
small children who seemed to be lost
m admiration of Punch and Judy and
of the non-commissioned officers who
were loet in admiration of their
nurses, our two promenaders rose to
leave when they were confronted by
the lady proprietress who demanded
twelve cents.
The lady searched in her pocket.
“I declare I have forgotten my port*
monnaie !” she said.
The gentleman searched his pock
ets.
“Upon my word, I have done the
same 1” said he also, laughing.
This by no means suited the views
of the good woman.
“That is played out. It is all very
fine for men and women to come haff
the day and lounge upon chairs with
out paying. I see no joke, I want
my money.”
“Here, madam, take this glove and?
give it to tbe person who will bring
you its owner and your monej.”
So saying he departed with his com
panion.
Suddenly the blue sky was darken
with clouds which piled themselvi
in a threatening manner and
promenaders were hardly gone when
large drops of rain began to fallo
They hurried along but had ba,
reached the entrance to the R
Colisse when the rain poured do
torrents and the passage changed
a small river. There was nowh
a cab to be seen and companion
destrians were forced to seek shelter
in a gateway, as wet as a bucket
water.
The porter wau occupied sweep]
back the water which would
overflow the vestibule.
“Madame, you cannot remain he
You will catch cold. Come,
will be comfortable.’
“I accept your kindness !”
lady glancing toward her co
and they entered.
The worthy door
chairs for his gues
to please them,
tleman he said:
“What do you thin
“What do you thin
was the evasive
“Well, I think e
be better if all were
want reform. I kno
is ready to grant all.
could get near him I’d s
to go to work!” remarked
“You do not suppose
ten to you?” replied the
The lady on going
“Not a cab disengag i
“1
wish
“With
soon,”
It was a __
could shelter several.
After having thanke
keeper for his kindness
left.
“Perhaps I have compromis
self by talking polities before t
No, I do not believe so, they like
honest citizens,” thought the po
An hour afterward a laokey b
the umbrella back with a letter
purse, through the meshes of whiclx
few gold pieces oould be seen.
The letter contained these words ?
“Thanks.”
And was signed,
“The cousin of the Emperor.”
Leaving the lodge the laokey wen?
to the garden of the Tuileries, an?
showing a glove to the proprietrer
the chairs:
“Here, madam, are twelve o«
Have the goodness to return the g
which his Imperial Highness, Prj
Napoleon, lelt with you in pie*’
said he.
Such an adventure oould nev*
happened to King Loul^Phh
who always carried
wherever he went,
There is
within!
ual
race!
the