Evening Republican, Volume 14, Number 97, Rensselaer, Jasper County, 23 April 1910 — LEGAL INFORMATION [ARTICLE]

LEGAL INFORMATION

One who was engaged in blasting was killed by an abortive explosion of a charge of dynamite caused by a flash of lightning during a thunder Btorm. In Baccelll vs. North River Stone Co., 118 New York Supplement Reporter, 29, the administrator of deceased sued to recover damages for his death. The New York Supreme Court held the master not liable in falling to anticipate that the use of electric exploders would be dangerous In a thunder storm, in the absence of some proof that such an accident was likely to happen. The Texas law provides that an action for injuries to a husband be brought by him.' In Fort Worth 4 R. G. Ry. Co. vs. Robertson, 121 Southwestern Reporter, 202, deceased had instituted the suit, which had been interrupted by his death, not caused by the injuries in question. At -the time of his marriage with plaintiff deceased had another - wife surviving, but he had lived with plaintiff, who was ignorant of the spouse extant, for the teir years preceding his death. The statutory period of limitation having elapsed since the accident, it was claimed that plaintiff could not recover, first, because she was not the lawful widow, and, second, because the action was barred. The Texas Court of Civic Appeals held that under the circumstances plaintiff was entitled to the rights of a lawful wife in the community property, which included the cause of action, and that, the law having precluded her maintenance of the action before her husband’s death, the statute had not run against it. The president of a hotel company was seriously scalded by the explosion of a defective coffee urn, which the company had purchased through a jobber. In the action brought against the manufacturer to recover for injuries to his mind, body and nervous system, the president testified that naturally he was much interested in. the condition of things during his forced absence, because every dollar he had on earth was invested in the enterprise, and he had become personally liable to a bank in a large sum invested in it, and that he had expended $1,500 on a trip to the south to regain control of his shattered nerves and his scalded person. 11l Statler ys. George A. Ray Mfg. Co., 88 Northeastern Reporter, 1063, the New York Court of Appeals, while holding the manufacturer liable to the president for the damages caused by the negligently constructed urn, was unable to grasp the theory on which the anxiety caused by the financial concern and worry could be attributed to the accident. The testimony served to show either the interest which the plaintiff had In the business, and which was liable to suffer as the result of his injury, an element of damages not pleaded, or else it tended to show that business anxiety, rather than accident, affected his nerves and mind. If recovery for a trip to the south were allowed, recovery might be had for a voyage to Europe, and perhaps the hire of a palace which, of course* would be preposterous.