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The Green Bag
appointed administratrix and she brought suit against the company, setting forth a good cause of action under our statute, but alleged that the action was brought under the act of Congress known as the Employers' Liability Act. The company made an offer of judgment, which she, under approval of the Surro gate's Court, accepted, and the money was paid to her. The father of the intestate thereupon made a claim to one-half of the amount under the Statute of Distribution. The federal statue in such a case gives the whole amount to the widow, and upon the question whether the state or federal law controlled the distribution of the fund, it was held that the power of Congress in its regulation of interstate commerce ended with the death of the intestate; that the states never dele gated to it the power to distribute per sonal estates, and that so far as the act of Congress contemplated a dis tribution of the fund it was invalid and unauthorized; that the allegation that the action was brought under the federal statute might be waived, and that the fund should be distributed in accordance with the state law, one-half to the widow and one-half to the father. Insurance. See Bankruptcy.
ing the physical, mental, social, and spiritual integrity of her sex. Motor Vehicles. Pedestrian on Street Crossing Not Required to Stop, Look, and Listen — Duties of Drivers. N. Y. The rule which fixes the rights of drivers of ordinary vehicles in the use of street crossings is not relaxed in favor of automobiles, according to the decision of the New York Court of Appeals, Jan. 9, in Baker v. Close (N. Y. Law Jour., Jan. 23). The right of passage is com mon to all, and both footmen and drivers are bound to exercise reasonable care for their own safety and the safety of others upon the street. The rule of law requiring a person to look both ways, to listen and, if necessary, to stop before crossing a steam railroad at grade, has no application to a city street crossing with respect to guarding against danger from automobiles. The plaintiff had been injured by being run down at a busy street crossing in Schenectady by an automobile owned by the defendants. The Court (Werner, J.) said: "The rigorous rule applicable to steam railroad crossings is necessarily relaxed at the usual street crossings, and the footman is not required, as matter of law, to look both ways and listen, but only to exercise such reasonable care as the case requires, for he has the Interstate Commerce. See In right to assume that a driver will also heritances. exercise due care and approach the Labor Laws. Ohio Nine- Hour Law crossing with his vehicle under proper for Women Upheld. O. control." The Ohio Supreme Court upheld the Master and Servant. See Em constitutionality of the Green nine-hour ployers' Liability. law for women Jan. 30. There was no written opinion, the Court sustaining Negligence. See Employers' Lia the judgment of the court below, which bility. was based upon the decision of Mr. Torts. Injuries to a Licensee — Im Justice Brewer in Muller v. State, holding plied Invitation. N. Y. women entitled to protection because There was some difference of opinion all humanity and the welfare of the entire race is dependent upon preserv in the New York Court of Appeals
