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tiff was a passenger on the deiendant's vestibuled act or direction oi those having the charge oi the train known as the Royal Blue Line, leaving train which interiered with the iree agency of the Washington about noon on the 20th day of De-plaintitt, or that in any manner diverted his attencember, 1894, and arriving at Jersey City about 6 All that was done by the guard was to ca. o'clock of the same evening. As the train was out, All out, Jersey City, last stop.” This notice nearing the station at Jersey City the conductor or was given before the train had stopped, and this guard called out, “ All out, Jersey City, last stop.'
fact was weit understood by the plaintifi. He The plaintitf then got up and began to get ready knew it to be the usual notice given in advance or to leave the train. He had been sitting a long time
the arrival of the train at its stopping place, notilywithout standing. He straightened his limbs, ing the passengers that the train was nearing the smoothed his clothing, looked at his watch and station, in order that they might get ready to then put on his overcoat, aiter which he picked up alight. He acted upon the notice leisurely, preparhis unbrella and bag and started toward the door. ing himself to leave the train, gathering together The conductor or guard stood facing the door of his belongings, and then walked toward the front the vestibule, which had not as yet been opened. of the car, stopping and leaning against a partition The plaintiff then leaned against a partition and ior a time, waiting unquestionabiy for the train to stood waiting for half a minute, during which time arrive at and enter the station. No unusual situthe train was still in motion, but moving smoothly ation was created. He was in no manner interand without any jar or jerks. The guard then iered with. As the car was entering the train opened the vestibule door and stepped across to house the guard stepped into the vestibule and the vestibule oi the other car. At this the plaintiff, opened the door. He then stepped into the vestisupposing the train had stopped, stepped out into bule in front as the plaintiff stepped out and dethe vestibule, took the rail with his right hand and scended the steps. There was nothing unusual in passed down the steps and thence off on to the this. Nothing had been done or said that would platform. As hie did so he fell and both feet were
lead the guard to suppose that the plaintiff did not crushed, one above the ankle and the other across understand the situation, or that he was mistaken the toes. It appears that he stepped from the about the train having come to a stand. Orditrain while it was in motion and was just entering narily passengers have no difficulty in determining the depot shed. He was unable to describe just whether a train has stopped. They are usually as the manner in which his feet were crushed, but it sensitive to a moving car as any guard or conis supposed that they were run over by the wheels ductor could be, and heretofore it has never been of the car.
There was a light in the vestibule of understood to be the duty of a railroad company the car and the plaintiff saw the steps, three in to expressly warn its passengers of the starting or number, as he passed down from the vestibule, of the stopping of the train. This was not a rapid but did not see the ground. The guard was par- transit or elevated railroad, in which a different tially facing him as the plaintiff passed out of the custom may prevail. If such a duty is now imcar into the vestibule, but gave him no warning or posed upon railroad companies their burden will intimation that the car had not stopped.
be materially increased, and they cannot properly Upon these facts the trial court dismissed the open the door of a car for the exit of passengers complaint, and, we think, properly. In the case of until it has actually come to a stop. No case to Solomon v. Man R’y (103 N. Y. 437, 442), An- which our attention has been called has gone to drews, J., in delivering the opinion of the court, this extent. In the Filer case (49 N. Y. 47) the says: It is, we think, the general rule of law, plaintiff, a woman, was directed by the brakeman established by the decisions in this and other to get off the car while it was in motion, telling States, as claimed by the learned counsel for the her that the car would not stop at the station or respondent, that the boarding or alighting from a move more slowly. She was thus put to an elecmoving train is presumably and generally a negli- tion between two alternatives, either to be carried gent act per se, and that, in order to rebut this
on beyond her destination or else to take the presumption and justify a recovery for an injury chance of injury by alighting while the car was in sustained in getting on or off a moving train, it motion; thus bringing the case within the excepmust appear that the passenger was, by the act of tion to the rule given by Andrews, J., in the Solothe defendant, put to an election between alter
In the Bucher case (98 N. Y. 128) the rative dangers, or that something was done or train did not stop at the station for which the said, or that some direction was given to the pas- plaintiff had purchased his ticket and at which he senger by those in charge of the train, or some had the right to get off. The train merely slowed situation created, which interfered to some extent up and did not furnish an opportunity to leave the with his free agency, and was calculated to divert cars in accordance with the plaintiff's contract. his attention from the danger, and create a confi- | He was told by the conductor to step off or jump dence that the attempt could be made in safety." off. He obeyed and was injured. Here also was Applying this rule to the facts under consideration à situation presented in which the plaintiff was it is evident that there is a total absence of any called upon to elect between alternatives as in the Filer case, in addition to a command from the amount of labor, that its intentions were good, conductor by which he was given to understand and that there were able men upon it, cannot, I that he could alight in safety. In the Lent case think, be denied. But it is equally undeniable that (120 N. Y. 467) the plaintiff had entered a car in its product as a whole is generally unsatisfactory which the seats were all occupied. She passed to the bar of the State, and that there is a strong through to the rear platform and was informed by demand for a drastic counter-revision. the conductor that another car would be put on. • My own judgment is that we should do well to An empty car was backed down and came in con- deal first with the commission's revised Code of tact with the platform of the car on which she was Civil Proce lure. This work contains about 3,500 standing. The conductor cried out, “ All aboard," sections, and, it is asserted, is substantally nothing but the drawheads of the two cars failed to catch, more than a transposition of the old code. and in consequence the car receded several feet, Whether that is trie I am not prepared at this and as the plaintiff attempted to pass forward into moment to say; but I am convinced that the code the vacant car she fell between the two and was is susceptible of immense simplification, reducing injured. In this case the plaintiff was clearly mis- the number of sections to about 1,000. led by the statements of the conductor. She had “ The perfect leasibility of such a condensation been informed that an empty car was to be at- has been shown in England and in some of our tached. It was hacked down so that the platforms States. of the two cars came together. The conductor "To repeat it in this State would be an enorgave his notice, “ All aboard," from which she
mous gain to courts, lawyers, clients and the pubwas induced to believe that she could pass from lic. Sixty-five per cent of the cases adjudicated the platform of the car on which she was standing in this State by appellate courts go to them upon to that in the rear in safety. In the Lewis case questions of procedure and practice. A large pro(145 N. Y. 508) the plaintiff desired to leave the portion of that percentage would be eliminated by car at a station at which the train did not stop. a simplified code. He was advised by the conductor that before The question of a simpler code is an intensely reaching the station the train would slow up near practical one, and especially so in this county. a bridge to enable a freight train, approaching on So crowded are our calendars that a cause cannot another track, to pass. The conductor told him to now reach the Supreme Court in less than two and get off there. He went to the rear of the car to a half years, and the congestion is increasing all alight and was thrown from the car by a jerk, the time. This is largely the consequence of our causing him to fall upon another track on which extensive and complicated code. Much of practhe freight train was passing. Here also we find a tice and procedure should be left to the courts situation presented very similar to the Filer and themselves, as in England, instead of being emBucher cases (see, also, Laughlin v. B. & S. W. bodied in statutes. R. R., 106 N. Y. 136; Hunter v. C. & S. B. R. R., " It is likely that the task before the committee 126 N. Y. 18; Piper v. N. Y. C. & H. R. R. R., will be apportioned among its members, but we 156 N. Y. 224; Distler v. L. I. R. R., 151 N. Y. shall, of course, hold corporate meetings, which 424; and England v. B. & M. R. R., 153 Mass. will be in the nature of hearings. We shall prob490).
ably prepare a list of eminent lawyers in the State, The order of the Appellate Division should be whom we shall specially invite to appear and give reversed and judgment entered upon the nonsuit us the benefit of their suggestions. At the same affirmed, with costs.
time I have no doubt that we shall willingly hear PARKER, Ch. J.; GRAY, O'Brien, LANDON, any representations which may be volunteered. CULLEN and WERNER, J. J., concur.
“I shall be heartily in favor of inviting the judgOrder reversed, etc.
ment of the Bar Association of the State on our
nwn results before presenting them to the legislaSTATUTORY REVISION OF NEW YORK. tire. The lawyers are the judges in this case, and THE New York Evening Post quotes Assembly
it would certainly appear unwise to submit to the
legislature recommendations which they would not ber of the special committee of the legislature of
approve. New York appointed to examine and report on
“ The task committed to us is truly herculean.
but I hope that we shall be able to complete it the work of the defunct Statutory Revision Commission, as saying:
before the adjournment of the next session of the “ As I understand it, the committee is empow
legislature." ered to recommend the retention or abrogation of any or all of the commission's work, and to pre
Legal Notes. sent, if it chooses, a complete substitute, and what we shall do of course we cannot tell until we shall It cost a lawyer $30 the other day to call anhave thoroughly considered the commission's re- cther lawyer a " lobster " in a Chicago court. sults. That that body has performed an immense i The executive committee of the Illinois Bar
Association has decided to hold the annual meet- the displeasure of the Hanchetts, and they showed ing at the Chicago Beach Hotel, on Thursday, their disapproval by posting bills around the town, July 12, 1900.
threatening their employes with discharge should Prof. Roy Wilson White, instructor in the law they continue to buy merchandise from him. The
merchant resisted the boycott by filing suit in a department of the University of Pennsylvania at
Federal court, and obtaining an injunction and Philadelphia, was brutally murdered on the street on the 19th inst. by unknown assassins.
damages. The Court of Appeals affirmed the de
cision of the lower court. Dennis Clark, one of the oldest and leading citizens of Knox county, Illinois, and judge of tained a verdict for $16,500, on the trial of his suit
Recovery for Libel. Martin J. McMahon obthe County Court for twenty-one years, died at Abingdon, Ill., May 16, 1900, aged eighty-three for damages for a libel. A motion made to set
against the New York News Publishing Company, years. He settled in Knox county in 1833, and
aside the judgment was granted, unless the plaintaught the first district school in that section.
tiff stipulated in writing to reduce the verdict to According to a Louisiana court, the publication $7.500. This he did, and judgment entered for of a judicial notice on Sunday has no legal effect that amount has now been affirmed by the First Most of these notices have to do with sales of Appellate Division. On appeal it was claimed for property. A judicial advertisement of this char- defendant that the judgment should be reversed acter is declared to be not only an invitation to because the trial court erred in charging the jury purchasers and an inducement to competition for that it "might award punitive damages without the goods or land to be sold, but also a notification evidence of any actual or express malice.” Justice to all parties to the litigation to attend the sale McLaughlin, giving the unanimous opinion of the and protect their interest. Such a citation, the Appellate Division, holds that what the court said court holds, can be served only on a business day, was that if the jury believed the publication comand may not be effectively published on Sunday. plained of was made recklessly and maliciously The New Orleans Picayune fears that this decision and wantonly, in utter disregard of the rights of may disturb titles to real estate in Louisiana. the plaintiff and others, in utter disregard of the National Advertiser.
truth," they might award as "a punishment to the
defendant what is known in law as punitive or The annual ineeting of the Ohio State Bar Association will be held at the Hotel Victory, Put-in-exemplary damages.” Justice McLaughlin states Bay, Thursday, July 10, 1900. It will continue
the rule to be as laid down by the Court of Apseveral days. The president, Judge Laubie, will peals (147 N. Y. 59), thus: “The publication of a deliver his annual address, and the annual address libel is a wrongful act, presumably injurious to of the association will be delivered by Judge those persons to whom it relates, and in the abLurton, of the United States Circuit Court. Other
sence of legal excuse, gives a right of recovery, iraddresses will be made by Hon. James R. Gar-respective of the intent of the defendant who field. Judge Davis, of the Ohio Supreme Court, publislied it, and this, although he had reason to and others not yet announced. A discussion will believe the statement to be true, and was actuated be a feature of one day of the meeting, but the by an honest or even commendable motive in mak
ing the publication." subject for the discussion has not yet been determined. The work of arranging the program was
William W. Gibbs, who, in November, 1886, was placed in the hands of the secretary of the asso
the promoter of the reorganization of the Pennsylciation, Hon. H. M. Micrantz, of Ashland.
vania, Slatington and New England Railroad
Company, of which he owned a majority of the The United States Circuit Court of Appeals for stock and bonds, and which was under foreclosure. the Ninth District of California has affirmed the contracted in writing with John Weir, of London, illegality of the boycott" in the case of C. J. to deliver to the latter, upon completion of the and L. E. Hanchett v. John Chiotovich. The road, a certain amount of the bonds and stock of cpinion was rendered by Judge Ross and con- the reorganized road, in compensation for services curred in by Judges Gilbert and Morrow. Judge agreed to be performed in connection with the
' It is in our judgment a clear viola- reorganization. Then Weir and Gibbs made a tion of the right appertaining to every person en- like agreement with Robert O. Babbitt, who pergaged in an industrial enterprise for another formed the services called for. The road was reperson, through malice or revenge. to command organized and completed, and Mr. Gibbs received or induce other persons to withdraw or withhold the benefit of Mr. Babbitt's services. The latter their custom from him, or otherwise maliciously subsequently sued Gibbs to recover the value of interfere with his business.” Chiotovich
the company's first mortgage bonds and stock of wholesale and retail merchant in the town of the par value of $25.000 of bonds and $75.000 of Silver Peak. Nevada. The Hanchetts employ stock. A judgment for the defendant on the reabout fifty men in the same town. For some rea- port of a referee dismissing the complaint of the son not material to the issue, Chiotovich incurred I first trial was reversed by the Court of Appeals.
A dismissal of the complaint on the second trial in the revision of this excellent treatise, the has now been reversed by the Appellate Division first edition of which was published in 1883, the auof the First Departinent, in an opinion by Justice thor has not only done a valuable service to the Rumsey. The court holds that Weir was not a profession, but greatly cnhanced his reputation as necessary party to the action, and adds: “We can a careful and competent author. To refer to the conceive of no reason why the plaintiff, who was merits of the original work at this late date would entitled to receive this particular property, should be wholly unnecessary it is too well known to not be permitted to pursue that property in the require any introduction. The present edition is hands of the person who was required to pay it in all respects superior to its predecessor. It over to him, without joining any other person in brings the law of the subject right down to date. the action for the bonds and stock which Gibbs That expert and opinion evidence is an every-day alone has, and for which he alone is responsible." subject in the courts is shown by the great num
ber of cases involving the admission of such testiLegal Laughs.
mony which have come before the courts since
the publication of the first edition of this work. A well-known Irish judge in the Insolvent Court That edition cited 1,854 cases; the present one cnce detected a witness kissing his thumb instead over 3,000. A noteworthy feature of it, also, is of the Book in taking the oath, and in rebuking the table of cases wherein the rules as given in the him sternly said: “You may think to deceive first edition have been approved or cited by God, sir, but you won't deceive me.” – Leisure the courts of last resort. As the author truly says Moments.
in his preface, the value of this is that, “while the A young lawyer moved into a Connecticut town rule when first published was simply the opinion where there was only one lawyer before — an old of the author, it has now the official and weighty judge. A close-fisted old farmer thought there
indorsement oi one more of our appellate was a good chance to get some legal advice from courts." The ciifference between the sort of work the young man, gratis, so he dropped into his done in this edition and its predecessor, and that office, told him how glad he was that he had of the autior who merely makes a digest of decome into town, because the old judge was get
cisions and calls it a text-book, is too obvious to ting superannuated, and contrived in the course
need calling attention to. The second edition conof the talk to get the legal information he wanted,
tains 740 pages, and is mechanically as near perand then bidding him good morning was about to
fection as any we have seen lately. leave, when the young man asked for his fee. “What for?” said the old farmer. “For legal
Rural Wealth and Welfare. Economic Principles advice," replied the young lawyer. “How much
Illustrated and Applied in Farm Life. By is it?" "Five dollars." The farmer declared he
Gcorge T. Fairchild, LL. D. New York: would never pay it, and the young lawyer told him The Macmillan Company, 1900. if he didn't he would sue him. So the farmer
The author dedicates this little book to the tretted down to see the old judge, whom he found hoeing in his garden, and said: “ Judge, I went in
thousands of students in agricultural colleges with
whom he has studied economic questions during this morning just simply to make a neighborly call on that young scamp of a lawyer who has just the past thirty-five years. His long experience in come into town, and he charged me five dollars."
such institutions in Michigan, Kansas and else“ Served you right,” said the judge; "you had no
where, together with his years of study and invesbusiness to go to him.” “Well, have I got to pay
tigation of economic questions, have placed Prof. it?” “Certainly you have." "Well, then, if I
Fairchild in a position to throw needed light upon must, I must. Good morning.” Hold on," said
a subject which has been altogether too little exthe judge: “ aren't you going to pay me?”. ' Pay
ploited by students and scholars. Besides giving you, what for!” “Why, for legal advice, of
a condensed restatement of familiar fundamental course." What do you charge?” “Ten dol
principles, the author attempts to apply them for lars." The result of which was the old fellow had
the benefit of farmers and their families, and to pay five dollars to the young lawyer and ten
makes many valuable suggestions which should dollars to the old one. Moral. - Don't try to get
be'needed by those who believe that agriculture legal advice for nothing. — Geo. T. Angell, in
is the basis of the nation's prosperity. The aim Dumb Animals.
of the author, in a word, appears to have been not
to teach the farmer how to overturn nature (an New Books and New Editions. impossibility in itself), but how to use it for all it
is worth, in order to enhance his own and the The Law of Expert and Opinion Evidence Re- general welfare; to show clearly the trend of facts
duced to Rules. With Illustrations from and the universal principles sustained by them, Adjudged Cases. By John D. Lawson, and the means of most ready adjustment to cirLL. D. Second Edition, revised and en- cumstances in the evolutions of trade and manularged. Chicago: T. H. Flood & Co., 1900.
Politics and Administration. A Study in Gov- of the New York Bar. Published by the
By Frank J. Goodnow, A. M., Ronald Press, 52 Broadway, New York, 1900. LL. D., Professor of Administrative Law.in
The purpose of this work, as stated by the auColunibia University. New York: The Macmillan Company, 1900.
thor in his preface, is to set forth the methods,
the advantages and the defects of the corporation; Prof. Goodnow is well known as one of the to contrast them with the similar features of the leading thinkers and writers of the country upon ordinary partnership; to show the ready adaptathe subject of political science. In the present bility of its methods for the smaller business envolume he has added to his reputation very terprises; clearly outline its preliminary materially, for it is in our opinion one of the most procedure, and finally to show how its advantages important contributions to the study of govern- may best be utilized and its dangers avoided. ment and the possibilities of its adaptation to Aster presenting a systematic outline of the essenchanged and changing conditions that has been tial features of the modern business corporation, niade in recent years. The author attempts to the author gives an abstract of the corporation show that the formal governmental system as set laws of those particular States of the East where forth in the law is not always the same as the corporations are most commonly and most advanactual system, and he also seeks to indicate what | tageously formed. The details of formation as to changes in the formal system of the United States
cost and procedure are gone into fully, and a spemust be made in order to make the actual system cial chapter is devoted to the dangers of the corconform more closely than it does at present to poration and the protection of minority interests. the political ideas upon which the formal system | This is followed by a comparison of corporation was founded. The concrete remedies he proposes methods and results with those of the ordinary are, first, a greater centralization of our State ad- partnership. The author positively disclaims any ministrative system, following the model of the intention of attempting to do away with the attornational administrative system, in the hope of ney in any phase of his work, the book being intaking from the mass of administrative authorities tended as a handy reference for the lawyer and a the power which they now have of obstructing the manual of information for the non-professional execution of State laws, and thus making it pos- For the purposes named it seems admirably sible to relieve such administrative authorities adapted. from political tests for holding office; and second, the subjection of the political party, as a political organ recognized by law, to an effective public Ames on Forgery, Its Detection, and Illustration, control, in the hope of making the party and its
with Numerous Causes Celebres. By Daniel leaders more responsive to the public will. The
T. Ames, San Francisco: Daniel T. Ames, work shows much learning and research, and
24 Post street. New York: Ames-Rollinson while it cannot be expected to convince all of its correctness of its conclusions, undoubtedly the resulting thought and discussion will aid materially
This book of three hundred pages embodies the in bringing out the truth on the anvil of discus-author's experience of some thirty years in the sion. What the author says of the political boss, study and investigation of questioned handwriting, viz.. that all attempts to make him responsible involving the examination of more than 2,000 must take account of the fact that the political
cases, in over 1,200 of which testimony has been storm center of the United States is not in the given in the various courts of the United States
and Canada. Upwards of forty of the most noted government, but in the party, and that when the party has been made directly responsible to
cases not only of this country, but of the world, the people the boss will have been attacked in his
are presented, with engravings illustrative of the stronghold and will be forced to capitulate, is par
methods employed in the detection of forgery and ticularly worthy of consideration by all students
its demonstration before the courts, to do which of popular government. Prof. Goodnow urges all
over seventy pages of engravings are required. to follow the example of England not so much in
Mr. Ames has long occupied a position as one of attempting an exact imitation of what she has
the leading handwriting experts of the world, who done in this linc as in adopting her frame of mind.
for more than a score of years was editor of the and in evincing the same willingness which she
Penman's Art Journal, and has given two score of has shown to adapt her governmental system to
years to the study of handwriting. It will thus
be seen that he had a wealth of material at his changed conditions.
disposal. This he has admirably condensed into
a practical, interesting and valuable treatise, inThe Organization and Management of a Business
dispensable to the banker and the attorney. BeCorporation, with Special Reference to the sides these, there are many who will be able to Laws of New York. Delaware. New Jersey enjoy and profit by the information contained in and West Virginia. By Thomas Conyngton