The Federal Reporter. Volume 63 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. October-December, 1894. Page: 62
xi, 1023 p. ; 23 cm.View a full description of this legislative document.
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I2 blAL 7tEPO htE vol. 63.
htdened. 'lBn it .fili be observed'that all these unusual and ex-
-itlbnal coWditions *Which are relied' upon to carry notice to the
'CO4irf the dangerous ' character of the obstructions in, the street,
hi ,likewise TJreltedf upon to carry notice' to plaintiff of the dan-
getsf I&, might naturally expect. For as the supreme court said
in the Chase OaNe, the city "is bound to exercise only ordinary care,
totike Buchhineanures'as are reasonably to be required and adequate
inh view of th ;ordinary exigencies." The conditions set forth in
thd petition itr exceptional and rare. A fall of four feet of snow
in~dae storm' is tare, vcen in this section. Is the city bound to re-
move four feet 'of snow from even 'its principal thoroughfares?
'There are many snmch in Toledo, and they are of great length. The
court may take'judicial notice of such facts. It would be a hardship
to. impose upon the taxpayers, through their city authorities, the
burden' of removing show and ice resulting from such a storm within
so short a priod ,
The, averm ht in the petition is that the accident wai caused be-
cause it was ieeesetry (for plaintiff) to pass around a car of the
Toledo Consolidated Street-Railway Company, standing on its track
on Cherry street. It is not averred that this car had stood there
for a, long timt, or would be compelled to stand there for a long time,
sotaB to show the necessity to drive around it. I think, in the ab-
sence' if such ab averment, the court is warranted in assuming that
it was a stop te take'on or discharge a passenger. I think this as-
sumption ought to be rebutted by 'an affirmtive allegation which
would show sote negligence or act tending to establish negligence
on the part of such defendant, because the extcptional storm which
left feur to five feet 4t snow on the street wbuld impose upon plain-
tiff more care ahd caution in driving about the streets. In such a
condition of the street, travel might be substantially suspended,
and persons who persisted trying to drive over such snow banks
would be charged with notice, and to observe more than ordinary
care"'' In sucb'conditions the driving out of the way to avoid a street
car only stopping'for a moment would not be "necessary."
For these reasons, I do not think the petition states facts nec-
essary to make out a case, and the demurrer will therefore be sus-
tained
LAWRENCE et al. v. PORTER et al.
(Circalt Court of Appeals, Sixth Circuit. May 28, 1894.)
No. 122.
DAsaae-CoNTR on aT lo 5L or Goops.RBEw sAL TO DELrVE.
,On a contract for sale of goods on credit, where the seller refuses to de-
livr them, tiIt offers to deliver fof cash at a reduced price, the reduc-
tion more thad equalizing the interest for the term of credit, the buyer,
.not alleging inability to pay cash, but that he was unable to obtain the
goods from others than the seller at the place of delivery or other avail-
able market, cannot recover damages on the ground that he had bought
for resale at another place at an advance over the contract price and cost
of transportation, and the seller was informed of that purpose.42
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The Federal Reporter. Volume 63 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. October-December, 1894., legislative document, 1895; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36388/m1/73/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.