NOTES OF RECENT CASES
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peculiarly attractive to children should have been guarded in some way for their protection. A great number of cases are cited by the court which NEGLIGENCE. (Beneficiary Associations.) N. held the defendant not liable and reversed judg Y. Ct. of App. — The Supreme Tent of Maccabees ment in favor of plaintiff. In the majority of the World, a corporation organized under the opinion it is stated that: " The fact that the laws of Michigan and doing business in the State of person injured was a child makes no difference New York, was recently sued for personal injuries unless there was negligence. . . . He was where he had no right to be, on the property of defend caused in the course of initiation of one of its mem bers. Plaintiff recovered judgment in the trial ant, which it was using in a lawful manner for a lawful purpose in the conduct of its business. It court, which was reversed by the appellate divi sion. He then appealed to the New York Court of owed him the duty not to injure him intentionally Appeals. Its decision is found in Thompson v. but it was under no duty actively to take care of Supreme Tent Knights of Maccabees of the World, him either by keeping him out of the yard or by protecting him after he had entered it, from his 82 N. E. Rep. 141. While standing in line with others waiting for own acts or the acts of others, who, like him, had initiation, plaintiff was suddenly seized by the entered without permission." In the dissent shoulders by a member of the order who had been ing opinion, after referring to the importance of selected for that purpose and his body bent back the case, it is said: " Especially is the doctrine ward in such a manner as to cause a fall resulting announced far reaching and important to the in the injuries complained of. The Supreme Tent multitude of people who live in the congested of the order was authorized to make laws, rules, districts of the cities of the commonwealth. It and regulations for the government of the asso takes from them a protection which has here ciations and prescribed the ritual under which the tofore been accorded in all jurisdictions where the initiation took place. The camps and tents were life of a child is of greater importance than any shown to be unincorporated associations subject commercial interest. It completely destroys the to the control of the Supreme Tent. It was con maxim, ' Sic utere tuo ut alienum non laedas,' tended on the part of defendant that if there was which for centuries has protected the weak against any liability whatever for plaintiff's injuries, it the strong." was that of the officers and members of the local tent, but the court held that as the members and PUBLIC SERVICE CORPORATIONS. (Service local officers were simply carrying out the ritual to Competing Company). U. S. C. C. Mont. — prescribed by the Supreme Tent and were under its Under the constitution and laws of Montana one jurisdiction and directions, it was liable for their telephone company may compel a rival or com acts. peting company to give connections for long distance service, Billings Mutual Telephone Co. v. Rocky Mountain Bell Telephone Co., 155 Fed. NEGLIGENCE. (Maintenance of Places At tractive to Children.) Pa. Sup. Ct. — Another Rep. 207. Complainant having made an attempt one of the multitude of so-called " Turn-Table to come to some agreement with defendant rela Cases" was decided a short time ago by the Penn tive to connections for long distance service, and sylvania Supreme Court. It is of especial im failing, applied to the court to compel the grant portance because of apparently overruling prior ing of such right. The Montana constitution decisions of that court and on account of the very provides that telephone companies shall have the forcible dissenting opinion by Judge Mestrezat. right to connect with other lines and the statutes The case is reported in 67 Atl. Rep. 768, the title of the state provide means for carrying the con being Thompson v. Baltimore & O. R. Co. stitution into effect. The court held that the right to " connect " must also include the right Plaintiffs maintained a switching yard and turn table in close proximity to a thickly settled portion use and that defendant should be compelled to of the city of Philadelphia. A fence had once receive and transmit messages from its com been built around it but was partially broken petitor in much the same manner as from its down and the yard was frequented as a play own patrons, and granted the prayer of com ground by children living nearby. Plaintiff, plainant for proceedings to compel allowance of a little boy eight years old, was struck by some connection and assessment of compensation. part of the machinery projecting from the turn It is specifically stated in the opinion that this table and hurled into the pit where he was injured. relief could not, perhaps, be granted if it were The action was brought on the theory that the not for the constitutional and statutory provisions grounds and appliances of defendant being referred to.
she suffered aside from such as might have been avoided by reasonable diligence on her part.
