University of Nebraska College of Law - Yearbook (Lincoln, NE)

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premises. The defendant in his answer and cross-petition alleges that McKelvey cursed loudly and heaped imprecations' foul and blighting upon the head of the defendant and cross-petitioner and called him numerous vile names, to-wit, 'Buttinslcy and Rubber- neck,' whereupon the defendant and cross-petitioner remonstrated with the said Mclielvey, and called his attention to the fact that it was the Lord's Day, and that loud noises thereon were prohibited by the village ordinance of Podunlc, that Kirwan suddenly and without warning laid violent hands upon him, to-wit, one hand on collar of his Sunday coat and one hand upon the seat of his office pants, and, lifting the defendant and cross-petitioner high in the air, carried him in this disconcerting and embarrassing attitude across the yard, and hurled him with great fo-rce and violence into the public highway, thereby dislocating the defendant's right shoul- der and detaching two ribs from the sternum and spoiling one fine white vest. The court finds its task made much easier by the most excellent brief filed by Martin it Eager, attorneys for the plaintiff, and by the able arguments of Blezek and Seybold, attorneys for the de- fendant. We affirm the action of the lower court in finding the defendant guilty of trespass qumfe ala-usum fregit and fine him 32.50 therefore, and that Mclielvey and Kirwan are liable for the expense of medical attention to defendant's injuries, but are not liable for the white vest, there being no privity between it and the defendant. 142 '

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ARMSTRONG tin justice courtj- May it please your honor, I l1ave conscientious scruples against profanity, and so ask permission to affirm instead of swearing. LIGHTNER f3IOO nm. Tuesdayj-t'Oh hum, l'm tirec' already this week. ' ROBBINS- XhYO1llQl you say that judge Norval held that a dead man must give notice to terminate an agency, or is he estopped to deny the termination F F,-XYINGER-HIDOll E know Cand laughter reignedj. One of the Freshmen Laws was recently loaded into a hack in a stage partially 11011 607111505 IlZlf'IZfI l.S. XVhat street ? queried the Jehu. QT-Iicj Wfhat streets thicj you g-g-ot? was the counter- query. Armstrong's rooming place caught fire last semester. At the cry Hire Armstrong jumped out, and in his agitation got his trousers on backward. He rushed out, tripped over the landlady's poodle, and fell to the bottom of the stairs. Are you hurt, judge ? called Snaveley from the head of the stairs as Armstrong picked himself up and surveyed his misadjusted trousers. No, ejaculated the judge, but I've got a h-l of a twist. Action, trespassg qzmrc clazziszmz frcgzr. Facts are stated in opinion. us! 'wellensiek vs. Kirwan et al. SHELBURN, P. I. Gne Sunday morning, McKelvey, a section boss, was sitting on a barrel beside the door of his dwelling Che being the tenant of the lot by sufferancej, and conversing with one Kirwan, a bridge contractor, respecting railroad matters, when the defendant and cross-petitioner, Vlfellensick, passed by on the public sidewalk, distant one hundred feet from plaintiffs dwelling. The defendant, seemingly attracted by the conversation, cro-ssed the yard, and approaching the plaintiff and his friend Kirwan, stood there. lVfcKelvey and Kirwan, being deeply engrossed, did not become cognizant of the defendant's presence until McKelvey's little son asked the stranger his name. None of the parties having previous acquaintanceship with the defendant and the latter not proceeding to explain his presence, McKelvey requested him to Withdraw from the premises. The subsequent acts of the parties are in dispute. The plain- tiff's petition alleges that Kirwan, with no more force than was absolutely necessary, ejected the aforesaid Wellensick from the 141

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ghe 94. 9. 9. fpisade .59 The wind one night was cold as ice, It tossed the snow like grains of rice, And whirled away in strange caprice And frantic glee. But naught can halt a strong young heart, Just touched by Cupid's glancing dart, When from her side he stands apart, But A. D, T. And thus it was: A lad that night Danced in thrills of pure delight For from a lass he'd gained the right Escort to be. He dressed him in his neatest tileg About his lips there played a smile While waiting for a little while For-A. D. T! A note he bore, just one white note! Our hero's heart leaped to his throat, He thrust it deep into his coat Where none could see. Then all his hopes aside he laid And other plans forthwith he made, But not until he'd fully paid The A. D. T. It read like this, as you must know: I'll have to disappoint you so! My brother's ill, I can not go, Ah, woe is me! As this is now too late to mend By mail or phone, let Fates attend While now this note to you I'll send By A. D. T. The lass! Oh, such is cruel Fate! She watched the ling'ring hours grow late, Impatient though she deigned to wait- All ready she. At last she heard a footstep fall, The door bell ring, and then a call Alas, it wasn't he at all, But A. D. T! J And like the first, a note he bore, She took it as she closed the door, Then broke the seal as oft before- Alone was she. 143