Page:The Green Bag (1889–1914), Volume 04.pdf/266

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Editorial Department.

NOTES. The following decision, remarkable for the co gency and brevity of its logic, graces the pages of a Pennsylvania Report : — •' On Bill for an account between partners where one contributed money and the other time and skill, and the whole capital lost : Held, That there was no capital to return." Said one of the oldest and most successful legal practitioners of the city bar to one of his rising young students a short time ago : " My dear young fellow, never fail to remember that in the success ful career of a lawyer there is no one item so im portant to his reputation as ' red tape.' You may smile at this remark, but it is as true as Holy Writ, and the proper use of it in binding up a legal document has saved many a court paper from be ing handed back for perfection or revision to its legal sponsor. In earlier life I practised in the court of one of the most particular judges in this Commonwealth. I presented, as I believed, a well-prepared report, which I asked for confirma tion; and to my surprise the judge, unfolding it and looking it over, found a hundred and one faults, and directed me to prepare another one, ' put in better form,' as he said. I was utterly nonplussed. My time was so limited it was ut terly impossible. An idea struck me. That night in my office I put on a showy outside wrapper, with a handsome endorsement of the title, with the most liberal supply of the widest red tape that I could find, in graceful bows. The next morning I nervously presented it again. The judge re ceived it smiling, adding, ' That is the correct way all papers for the court should be drawn up.' There's nothing like red tape." -- Philadelphia Press.

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guish, etc., besides losing much valuable time, and incurring vast expense for medical attendance, nursing, etc. The action against the company is based upon the allegation that the driver was incompetent to drive mules; that the company at all times was well informed of that fact, but notwithstanding continued to employ him, whereby all this damage to plaintiff resulted in the manner aforesaid. The proposition that a coal company is bound to know that its driver can't hit a mule when he throws at it, at first blush appears somewhat start ling; but if it can be shown that throwing coal at the team is a part of the driver's duty, it would seem to follow that the company is bound to em ploy none but drivers who can throw straight enough to hit the mule. Otherwise what protection has an innocent bystander against bad results of poor aim, as in this case?

The following declaration in an action for breach of promise of marriage was filed a short time since in the clerk's office of a Minnesota Court: — State of Minnesota District Court. County of Hennepin, ss. Fourth Judicial District. John W , Pfff. against ETTIE , Deft. The plaintiff alleges that on or about the 10th day of January, 1891, the plaintiff and said de fendant kept company together, and thereby agreed to become husband and wife, to be married in lawful wedlock, and thereafter and before the commencement of this action said defendant wrongfully and without just cause deserted said plaintiff and used said plaintiff in a shameful decree, and caused him great harm and feeling and caused him great debterment to his mind and racked his fisical body to the damaged in the sum of five thousand dollars. Wherefore, said plaintiff demands judgment against A suit has been brought in a Colorado court said defendant for the sum of five thousand dollars, against a coal company to recover damages in a large - and the costs and disbursements of this action. amount for personal injuries. The facts are that the coal company uses wagons and teams for the de livery of coal to customers, and of course employs drivers to superintend the teams. While in charge of one of the company's teams, a driver threw a chunk of coal at his mules; but his aim being bad. Hon. John K. Porter, one of the most emi he missed the team and struck the plaintiff. It is alleged that the plaintiff was thereby greatly bruised nent lawyers of the New York Bar, died at Waterand maimed, that he languished for a considerable ford, N. Y., on April 11. He was a son of Dr. time, suffering great bodily pain and mental an 1 Elijah Porter, and was born at Waterford Jan. 12,