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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 10, 1906)
J ITIE OMAHA DAILY BEE: SATURDAY, FEBRUARY 10, 1908. r. With grateful acknowledgment to its 8,596,705 Policy-holders for their confidence, the Metropolitan Life Insurance Company presents the following summary of its condition and affairs for the year ended December 31, 1905, showing it to have been THE BEST YEAR IN THE COMPANY'S HISTORY RESOURCES ASSETS, S151.663.477.29 OBLIGATIONS V 1 I United States, City and R.R. Bonds and Stocks . $79,629,477.18 Bonds and Mortgages . . . . . . . . . . 38,062,610.75 Real Estate Cash Demand Loans on Collateral ....... Loans to Policy-Holders Premiums deferred and in course of collection (Net) Accrued Interest, Rents, etc 17,495,905.30 4,183,912.16 3,747,285.50 3,703,554.50 3,826,755.63 1,013,976.27 $151,663,477.29 'T"li In ii HOMB OFFICE BUILDING tVfgeet Office Building In the World. MadUon Ave, Fourth Avi, 13d and I4th 8ts.. New York Cltjt, Reinsurance Fund and Special Reserves Dividends Apportioned, payable 1906, on Non participating Industrial Policies Same on Participating Policies, Intermediate Branch Same on Participating Policies, Ordinary Dept. , . (Norm. Nearly all the Ordinary policies of th Co. are non-participating policies Issued t low rate of premium) Contingent Dividend Fund, Intermediate Branch All other Liabilities Capital and Surplus $132,705,296.00 681,942.00 621,081.00 26,726.79 299,768.48 1,147,084.06 16,181,578.96 $151,663,477.29 ii TT o m safiiail Jll at a. . :1 KM. (INOORPORATED BY THE STATE OF NEW YORK) JOHN R. HEGEMAN, President The Company OF the People, BY the People, FOR the People A REASONABLE INDICATION OF THE DESERVED POPULARITY of its plans and of faith in its management may be fairly claimed in the number of Metropolitan policies in force. It is not only greater than that of any otb;r company in America, but greater than that of all the other regular companies combined, less one. It exceeds, in fact, the COMBINED POPULATION of 24 of the States and Territories out of the 52 forming the American Union, viz : Maine, New Hampshire, Vermont, Rhode Island, Connecticut, Delaware, District of Columbia, Florida, Oregon, Colorado, Arizona, Alaska, Idaho, Montana, Nevada, Wyoming, Utah, North Dakota, New Mexico, Indian Territory, Oklahoma, South Dakota, Washington, Hawaii, and as to CITIES, it exceeds the combined population of Greater New York, Chicago, Philadelphia, Boston, St. Louis, Cleveland, Cincinnati and Milwaukee. SIGNIFICANT FACTS The Company's policy claims paid in 1905 averaged in number one for each minute and a quarter of each business day of 8 hours, and in amount $105.83 a minute the year through. The value and timeliness of these payments may be gleaned from the fact that of the claims paid during the year, 4,320 were under policies less than 3 months old, 8,391 were on policies which had run under 6 months and 15,148 were within the first year of insurance. THE DAILY AVERAGE OF THE COMPANY'S BUSINESS DURING 1905 WAS : 395 per day in Number of Claims Paid. 6,972 per day in Number of Policies Issued. $1,502,484.00 per day in New Insurance written. $123,788.29 per day in Payments to Policy-holders and Addition to Reserve. $77,275.94 per day in Increase of Assets. Paid Policy-holders in 1905 for Death Claims, Endowments, Paid-up Policies, Dividends, etc., with amount set aside on their behalf as increased reserve $37,755,428.59 Paid Policy-holders since the organization of the Company, plus the amount invested and now on hand for their security $318,264,084.12 COMPARISONS, ETC Income in 1905 $61,531,588.49 Gain over 1904 . . . V , 5,545,831.58 Surplus in 1905 . . V . 16,181,578.96 Gain over 1904 .- . . 1,346,358.97 Increase in Assets during 1905 ... 33,569,162.05 Gain in Insurance in force ..... 126,085,438.00 The total number of Policies in force Deo. 31, 1905, was 8,596,705 The total iml of outstanding insurance Dec. 31, 1905 $1,596,509,769.00 Number of persons in the service of the Company, over 19,000 THE TWO DEPARTMENTS In the Ordinary Department policies are issued for from $1,000 to $1,000,000 on individual lives, premiums payable annually, semi-, annually, or quarterly. In its Industrial Department (which is family insurance) policies are issued on all the insurable members of the household with premiums payable weekly. The Metropolitan gained in insurance in force on which premiums are still being paid MORE THAN ANY OTHER COMPANY IN THE WORLD. The Metropolitan wrote more business in the Industrial Department in 1905 than ever before in any one year. ' The Metropolitan wrote more business in the Ordinary Department in 1905 than ever before in any one year. The Metropolitan wrote more business in 1905 than any other Company in the world. And this for the 12th consecutive year. The Metropolitan has more premium paying business in force in the United States than any other company. The Metropolitan has in force one-third of all the legal reserve policies in force in the United States. Its Industrial policies in force equal in number all the Industrial policies of all the other companies in the United States. THE RATIO OF EXPENSE TO PREMIUM INCOME IN 1905 WAS THE LOWEST IN THE COMPANY'S HISTORY. This Company issues no TONTINE or other forms of deferred dividend policies, in which the amount to be paid to the insured must largely be a matter of ESTIMATE at the inception of the contract, and of DISAPPOINTMENT at its maturity. Its policies are plain business contracts which tell their whole story on their face; leave nothing to the imagina tion; borrow nothing from hope; require definite conditions; and make definite promises in dollars and cents. Is not the 'fact that, notwithstanding the agitation in life insurance, the Metropolitan wrote more insurance in its Ordinary Department in 1905 than it ever wrote in any preceding year, proof that GUARANTEED BENEFITS for a fixed premium are what people want ? In its Industrial Department policies no obligation to pay dividends is either expressed or implied, the pre miums being at stock rates, without the " loading " designed for dividends ; nevertheless the Company for years past, as a pure act of grace, has returned a part of its surplus, annually, to the holders of its policies. The total amount so paid, including the amount set aside for 1906, is OVER FIVE AND A HALF MILLIONS OF DOLLARS IN CASH S. J. MURPHY, Supt., 414 N. V. Life Bld., 17th and Farnam Sts., Omaha. ADS IN PUBLIC SCHOOLS V.flrmined 1'ffort to Beitort ths "Three E'i" in New York Oity. "saasaaaaB f AULTS POINTED OUT BY CRITICS Mayor McClellan's Ideas of School tadles Contracted with the ysteia at Preaaat la liae. new commissioner of education for eater New York Is to be. appofnted rly In January. With his Incoming the ard of - Education In expected to put a effect Mayor McClollan's Ideas about bile school studies and radically change ? methods of the present school superln- ldent. ' The proposed change means a luctlon of fads and more of the "three tayor McClellan's Ideas were expressed an address before the National Kduca- in I association last summer, from which exerpt is taken: do not believe that any one can be rated who has not at least a smatter- jf tho three R's. It may possibly serve . mysteriously useful purpose to teach ar-old boys who cannot read the lest English to sew buttons on shirts drill girls of the suino age to whom rule of three Is unknown in the theory (but not In the practice) of music and cook ing. Hut the Ignorant outsider who Is excluded from the Parnassus of 'educa- i tfonal circles' may lie permitted to wonder at the wherefore of It all. It is anything ! but flattering that the products of our great schools seldom succeed at either West Point or Annapolis." With a board answering to some present members hope pllsh much toward modifying rail the Maxwell fad system. Prrseat Methods. . One of the members was asked: "Has nothing been done after the aglta V 1 that idea, to accom what they Dollar Packago . FREE' v Man Medicine Free You can now obtain a large dollar also fre package of Man Medicine fTee on re quest. . Man Medicine cure man weakness. Mill Medicine gives you once more the gubiu, the Joyful satisfaction, the pulse and the throb of physical pleasure, the kra nmto of man sensation, the luxury of life, body power and body comfort free. Man Medicine doe it. Man Medicine cures man weakness, nerv ous debility, early decay, discouraged man hood, functional failure, vital weakness, brain fag. backache, prostatitis, kidney trouble and nervousnens. You can care yourself at .home by Man Medicine, and tue full slse dollar package will be delivered to you free, plait; wrai. per, sealed, with full directions Low to use ft. The full else dollar pack see free, no )ymcnt of any klnd,,ao reoipis. no prom ises, no papers to i.u. It Is fin. ; All' we want to kr,w'ls that you sre not sending for It out of id's curiosity, but that you want to bo well and become your trong, natural self onoe more. Man IBedi cine will do what you want it to do; make you a real man. man-like, mao-powerf.il. , Tour name and address will bring It; all you have to do la to send and get It. We tend It free to every discouraged one of (he roan sex.' Interstate Remedy Co.. Ut tuck Uldg , Detroit, Mich, i I ) ' tlon last spring to lop off the fads and whimsies?" "Very little except to promise. Mr. Maxwell's last bulletin of studies shows that sewing begins In the third year and Is not postponed until the fourth, as critics of the system advocated. History was advised for the fourth year, but Mr. Max well puts It off until the sixth year when the child Is virtually within a year of ending its compulsory school period. Yet, metallurgy Is prescribed in grades when pupils are 8 years old. When they are C 7 and 8 years of age they are required to take extraordinary subjects, such as, say, the circulation of blood in a tadpole's tall. "Topography of New York, which you might say means learning where the fire hydrants are situated. Is taken in the fourth year. This will be valuable when the boys grow up to be firemen. If they don't forget after ten years' time. Tots of 6 are set at free-hand drawing. Boys are still taught raffia. Do you know what raffia Is? Put the question to grownup New Yorkers, will you, "by way of examina tion on what they know about the details of how their elementary schools are con ducted. Well, raffia for boys I may de scribe as the braiding of straw for the bonnets of their listers' dolls. It's a great thing. Mr. Maxwell, soaring in the high reason of his poetic fancied, thus under takes the training of the eye and hand, and preparing the future citizen for his part in life. Vital Knowledge. "English? I No no change has been -made In tho study of Knglish. No; no change In the study of mathematics either. 'These are mill, as I look at It, subordinated in tlmo given, as when Grout reported that out of 12,000 minutes only 6,975, or less than one-half, are allotted to English, penman ship, geography, history and arithmetic. "Swarms of children enter our schools without any real .knowledge of the lan guage. Home cultivation for the majority Is lacking the home language la often some other language than English. With the elementary schooling what it is. what wonder If native bred teachers speak with a strange accent? "If we had a little less music and more English, a little less of the chemistry of cooking and more English, a little less mechanical-drawing and more English, and a little less raffia and more English, then the child of foreign parents who goes through the schools and graduates from a college to become a teacher would bo bet ter fitted to keep the well of English un dented. "There is a frightful waste of money on supervision. Damrosch, as musical direc tor, has not been replaced this year; other wise the system Is as it was. with some i& directors and teachers for manual training, hop work, cooking, sewing, music and physical culture, -maintained at a coat of nearly WSO.00O yearly. With the excep tion of cooking every regular teacher Is capable of teaching these branches. Phys ical culture teachers are an Imposition. They are mere boys and girls without any academic or pedagoglo training. They be gin on 11.200 a year, whereas the regular class teacher who has spent four or five years In a training college and must then pass MaxwU's peculiar examination must begin. on J0 (women) or tHW (men). Ths majority of these specials are unable to give a lesson without the aid of a book. Sometimes they come along and merely give Instructions to the competent class teacher." A teacher who recently resigned to go into law declares that in the afth, sixth and seventh years of the present schooling "you may pick out at random any five pupils and find that they cannot subtract 0 from 63, 6 from 74 or 8 from 97." A chairman of a local school board asserts that business men have come to her with letters from applicants for work, boys and girls past tho 14-year school age, which were shockingly 111 spelled and miserably written. "Young sters are coming out from the present com pulsory schooling utterly unqualified to do the things expected of boys and girla start ing In offices and stores." he added: A man dwelling In Eaat Twenty-fourth street complains to one who has Interested himself In reform that while there are 63,0 0 children kept out of the first grade schools the time of the rest Is taken up with raffia and other fancies so that when at 14 they have to go out to earn a living they do not even know English. Writes another: "Mr. Maxwell has had no experience as a teacher but Is only a theorist In educational work. Many have dared to hint that his greatest solicitation Is not for the mental benefit of the children under his care." One commissioner puts It thus: "The school life of the averago child Is not more than seven years. These seven years should be devoted to giving the child a foundation that will be of service during life the life they will have to lead. We have full data showing that poor men's children go out Into the world at 14 miser ably equipped. Reading, writing, arithme tic, spelling, some grammar and some geog raphy, with a knowledge- of the 'salient points of history every child Is entitled to these. This education is now denied to children too poor to go to private schools. The curriculum should be so arranged thai these essentials are taught to the exclusion of every nonessential." As the time of tho ch!M lengthen thin inmmlN(nii.p diidvbc f In direct ratio to the ability of Its parents to give higher opportunities the course may I be expanded. The system that Is overloaded with fads and fancies, he declares. Is "turn ing out a host of mental cripples only ha'.f armed to meet the world." New York Sun. SUPREME COURT SYLLABI What He Ised It For. Wine-tasting was In ills business, and be was reputed to be one of the best who fol lowed that somewhat peculiar means of making a livelihood, so when the bet had been made and the money posted, bis "backers" were sure of winning. Inciden tally, they did. The subject, blindfolded, waa to taste, one after another, the contents of twenty five wine glaases, and If he would win the takes name correctly the liquor In each. Frora one to twenty-four he went down the line, never hesitating, and always right. At the last one be stopped. It was rilled with water only. He sipped It, turning it over and over with bis tongue, asked for a second mouth ful, considered It with a most perplexed expression and then had an Inspiration. "Of course," he exclaimed, "It's the stuff I clean my teeth with." Harper's Weekly. Not la His Case. "You don't really want to marry me, Jack," she said, pretending to be deeply Interested in a microscopic flaw In the tex ture of his coat collar. "You've been read ing that a wife Is a luxury, and you think " "That doesn't fit my case, Nellie!" In terrupted the young man. ''You're not a luxury. You're an absolute necessity. I simply can't live without you." It waa dead easy for Jack after that. Chicago Tribune. DIAMOND-Kdteouo. 1SJ and Harney. The following opinions were filed January 8, 1SK: UU. Sullivan against Wharton. Appeal, Douglas. Reversed and remanded with di rections. Holoomb, C. J. B., a short time before his death, which he knew must soon occur, devised and bequeathed to his wife (they both being advanced in years and childless certain of his real estate and nil his personalty to have and to hold abKolutely and uncondi tionally In her own rlsht forever. Tho re mainder of bis realty, being the major por tion of his estate, was devised to W., trustee, upon the following trusts: 1) To puy out of same the expenses of maintain ing the trust. tl To deposit to the credit of his wife for her own use the net In come therefrom. (3) On request of the wife, In writing, to sell any part thereof anil deliver to her for her own use abso lutely the proceeds or otherwise Invest the same In tlie name of the trustee for the purposes therein specilled as she may direct. (41 Upon the decease of the wife to divide whatever of his said estate as shall then be remaining between the brothers and ulsters of the testator (naming them) share and share alike, and the issue of deceased brothers and Misters, if any. Before the will was executed- the wife was called into the room and it was read over to her. the testator asking If it suited her, and she answered In the affirmative. He then made certain- oral requests and directions with reference to Ills estate, the eubstancu helng that he had placed her (ills wife in comfortable circumstances oo that she would not want for anything; that he wanted her to live as they were living, and at the end of every year to divide the surplus among his people; that her people were In good circumstances, but his people were poor and that he wanted her to make a will so that at her death his estate would go to his brothers and sisters: that If she wanted to give to charitable purposes, say live or ten thou sand dollars, that wouldl be all right, but that he wanted the bulk' of his estate, his entire estate, to go to his brothers and sisters. To all this she expressed her as sent and entire willingness to carry out the testator's wishes. The wife, shortly after the execution of the will, expressing fear that It would be contested, the hus band by Instruments of conveyance and assignment, absolute and unconditional In terms, transferred to her substantial) v all the property going to tier directly by the terms of the will. After the death of the testator the wifn refused to comply with t lie parol requests and directions made at the time of tho execution of the will and absented to by her, and disavowed their binding and obligatory character on her, aborting that shu had an uncontrolled dis cretion as to whether any of the properly or the Income therefrom passing by the will should go to tho collateral heirs of the testator. Held. (1) conceding that the wife became the general owner of the property embraced In the expret-s trust because of the power given to alienate and acquire legal title thereto, and to the proceeds thereof in her own right, that a construc tive trust arose in favor of the collateral heirs as to all such property, and that the wife should be charged as a trustee ex mallflclo; (2 that her Interest In such prop erly, the proceeds thereof and the net in come therefrom, was limited to the amount reasonably necessary and required to sup port and maintain her in the rqmforts and style of living to which they had been ac customed, and to giv not to exceed $10.0u0 for charitable purposes, the equitable title to and Interest in the remainder passing to tho collateral heirs named In the will, and to be distributed between them according to Its terms and the parol requests and direc tions of the testator; (3) that the property to which the constructive trust attaches Is sufficiently definite and certain as to ren der the trust capable of execution and en forcement and that our former holding to the contrary should be modified accordingly. 13CU1. Kupke against Polk. Appeal and er ror from f'us. On rehearing iormer Judg ment vacated, judgment of. the lower couit reversed and cause rcmunded. Sedgwick, J. . When the trial court In an action in eq uity makes pec ml findings of fact and no general finding and the evidence Is not pre served, the sole question for this court on appeal is whether the judgment Is supported by the pleading and (he special findings. If In such case there Is no finding upon a material Issue, that Issue must upon appeal be determined against the party on whom the burden of establishing such issue rested. 1S699". Smith against Curtice. Error from Gosper. On rehearing former Judgment of this court adhered to. Oldham, C. Division No. 1. 1. Action of the trial court In giving and refusing Instructions examtntd and held not prejudicial. 2. Action of the trial court In admitting evidence examined and held not preju dicial. 13710. State against Cannot. Original. De murrer to answer sustained; Judgment for plaintiff. Per currlam. State of Nebraska against Stephen W. Tanner, Neb., 102 N. W. 135, approved and followed. ; 1371L Stnte against Luedke. Original. De murrer to answer sustained; judgment for plaintiff. Per Curiam. Slate of Nebraska against Stephen W. Tangier, Neb., 102 N. W., 235, approved and followed. 13742. in re. application of Jorgennen. Er ror from Douglas. Affirmed. Holcqmb, C. J. 1. The Board of Fire and Tollce Commis sioners of a city of the metropolitan class may, for good reason, in the exercise of a sound discretion, refuse to grant a license to sell malt, spirituous and vinous liquors, even though no protest or objection by oth ers be interposed ajralnst the granting of the license applied for. 2. An applicant had compiled with all the requirements of the statute and ordinances relating to the subject and no pro'.est or remonstrance had been made ag;iinst the granting of his application, but the R'.ard of Fire and Police Commissioners refused to grant-it for reasons exprepsd In a reso'u tlon spread upon the record us follows: "Resolved. That the application of A. Jorgensen lor a license ut No. 124 North Tenth street. Omaha, be and the same herehv Is denied and refused, for the rei son that there ere now four or five saloons in operation within a block of the said place, and that the public Interests require that no new or additional saloons be al lowed at said place. Applications for fa loon licenses at s'ali place have twice been refused to different parties in the last two years for the same reason." I'pon appeal to the district court the de cision of the board was approved and af firmed. Held upon the record as presented that no error was committed by the ruling complained of. . , li'L3. Ruimielson n gainst Mickey. Appeal from Polk. Motion for rehearing overruled. Cause remanded with directions to dismiss. Barnes, J. . . Where a tract of land lias lieen conveyed bv a deed absolute In form io satisfy and pay the mortgage liens existing thveon. a subsequent parol promise to reeonvey It to the grantor, without anv consideration to supoi t It. will not sustain an action to de clare the deed a mortgage anfl redeem from the Hens which have been cancelled and treated as paid. 13hS8. Colgrove ajralnst Pickett. Error from Gage. Roveraed and remanded. Duf fle, C. Division No. 2, A party has a right to have his theory or the case submitted to the Jury when there Is competent evidence to support it. 13973. State ex rel. McMonles ngalnst ' Monies. Krror from Burt. Affirmed. Duf fle. C. Division No. 2. 1. The charier of villages confers on the trustees of the village power to regulate billiard and pool balls, but not to suppress them. Authority to regulate does not give power to suppress. 2. An ordinance of the village of Lyons required the proprietors of pool and billiard 1 alii to pay an annual occunatlon tax w hich wa to be paid on the second Tuesday of Mav, or as soon thereafter as they became liable to the lax by engaging in the busi ness. The relator, on the flrMt Tuesday In May, tendered to the village treasurer the tax. required on five tables which the treas urer refused to accept, and thereupon re lator Immediately brought this action to compel htm to take and receipt for the money. Held, that the tax not being due or payable until the second Tuesday In May the action was prematurely commenced and the writ properly denied. 131ie. Courthouse Rock Irrigation Com pany against Willard. Anneal from Chey enne. Affirmed. I.etton, C. Dlvisjoii No. 1. 1. Where tie evldem-e shows that an sp propHator of water does not beneficially use the amount which it has diverted into Its canal by reason of wastage and seepage caused by detective maintenance, and there Is enough water In the stream. If econom ically used, to supply both the complainant and certain riparUn owners taking water for Irrigation purposes above the point of diversion, the appro. i later Is not entitled to an injunction to prevent the use of the water b' su-h owners. 14u0b. Turner t gainst O rimes Error from Lancaster. Reversed and remanded. I.et ton, C Division No. 1. 1. Where a plaintiff sets up a conversion of a team of horses by a bailee, and pleads the execution of a bill of sale by him to the bailee for such team upon the agreement of the bailee to pay a fixed and definite amount therefor, he cannot after wards. If unsuccessful In this action. In another action claim that the title to the horses never passed from him, and that they were killed by the negligence of the bailee. He had the right to elect as to whether he would treat the title to the property as having passed and sue In uMsumpsIt upon the promise, or he had the right, upon the theory that the title never passed, to sue for the wrong; he did not have the right to do both. 2. The doctrine of election of remedies applies when a party who actually has at bund two Inconsistent remedies, with full knowledge of such fact, proceeds to enforce one of these remedies. Pekin Plow Co. ' against Wilson, fi Neb., 120. ' 14020. Roe ngalnst Howard county. Ap- Feal from Howard. Affirmed. Duffle, C. H vision No. 2. 1. In appeals In equity cases this court will examine the evidence and arrive at an opinion of the facts established uninfluenced by the conclusion arrived at by the trial court except insofar as a. presumption In support of such conclusions is derived from he opportunity which the trial Judge has of seeing and hearing the witnesses and of judging their candor, their knowledge of the facts, their intelligence and bias or partiality, if any Is exhibited. 2. Where water, be it surface water, the result of rain or snow, or the water of sprlncs, flows in a well defined course, be It ditch or swale or draw in its primitive condition, and seeks its discharge in a neighboring stream, its flow cannot be ar rested or Interfered with by a land owner to the Injury of the neighboring proprietors, and what a private proprietor muy not do neither can the public authorities. 3. The court will not presume that the commissioners appointed to ussess damages to the owners of land over which it runs, considered It nece.siry. In the proper con struction of the road, to divert the water naturally seeking an outlet In a draw and conduct It In an artificial ditch along the highway for a mile or more and there discharge it In Bueh manner that It dam aged the land of the plaintiff or that plain tiff was allowed damage for such dlsposi- , tlon of the water. 4. An easement b.v prescription can be acquired only by an adverse user for ten years, and the commencement of the time required for the prescription to ripen dates from the time when (he party was dam aged or hnd a cause of action arising from the adverse user. 140(1. Ames against Ames. Error from . Washington. Affirmed. Albei t, C. Divl fcinn No. 2. 1. Where a petition filed In the district i court states facts sufllclf nt to entlllo plain tiff to both lesal and equitable relief, and prays relief, a part of which only can lw had at law, hut all of which can be had in r-qulty. the pleader will be held to Iirvb Intended thereby to invoke the chancery and not the common law powers of the court. t. After filing a petition of that character the plaintiff may eh-ct to proceed at law, but to do so lie should manifest his elec tion by some unequivocal act whlcii com mits him to theory that he has abandoned his claim to equitable relief. 5. A mere demand for a Jury to ti-y the Issues of fact Is not such an act as weuld warrant the court In assuming that the plaintiff has abandoned his claim (o dilut able relief, because where the relief sought Is equitable, a court In Its discretion may submit the Issues of tact to a )ury. 4. In a suit by one of the representa tives of a deceased person to set rsldo a conveyance made by the deceased on the ground that he was mentally incompetent to execute such conveyance an ufiawer filed by the deceased In a suit pending In his lifetime In which he averred thai at the time of executing the contract then In suit he was suffering from mental and physical prostration, and non compos mentis. Is inadmissible in evidence un the question of the mrntal capacity of the giantor. &. On the trial of the cause e rioarxpert Witness was asked to state wheth tr the grantor was able to converse Intelligently on any particular subject ior any ImikiIi of time. Held, that the witness having given the conversations and described trie conduct of thei grantor, it waa for the court to draw Inferences therefrom as to bis Inability to converse Intelligently. f. The fart that the attending physi cian prescribed certain drugs fur pa tient which are used In the treatment of mental disorders is not competent evidence tending to establish the insanity of the patient. . 7. The opinion of an expert witness on the question of insanity which assumrs the point In dispute is value!ss. 14054. Standard Distilling nnd Distribut ing Company, et al., against Harris. Er ror, Douglas. Reversed and reniuiiqeu. Albert, C. Division No. 2. 1. An instruction which sets out a slate of facts and authorizes a verdict for one of the parties upon a finding of sucn f:icts Is erroneous unless it Includes every fact necessary to sustain H verdict In favor of such party, unless the omitted facts nre Conclusively established. 2. Where such instruction Is complete In Itself the error therein Is not cured by the giving of other Instructions which correctly state the law or the facts es sential to a recovery by such party. 8. The mere fact that a cnain nron which the plaintiff and other workmen were pulling broke while being used fur the purpose for which It was furnlihed, and had broken and been repaired on former occasions while being thus ured, Is not of Itself sufficient to show conclu sively thHt it was not reasonably adapted to and safe for the purpose for which It. was furnished. 4. Ordinarily It Is the duty of an em ployer to see that the tools and p pllances which be furnishes his mplovcs i sre reasonably fit and safe for the use for which they are furnished, but this d if s not relieve the employe from the exercise of I his own judgment In the use thereof, snri i If he puts them to a use for which thiv are not designed or furnished, or suhierts ! them to a strain beyond their capacity to : bear and is injured in consequence, the j employer, In the ubsence of special circum stances, is not liable. 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