February 25, 1917 



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Pertinent Legal Findings 



Risks Assumed by Logging Employee; 

 An experienced woodsman assumes the risk of injury arising from 

 an unforeseen way in which a tree falls on being felled, or from 

 negligence of a co-employe engaged in the same kind of work. The 

 rule of law that requires an employer to furnish his workers with 

 a reasonable safe place in which to work does not apply to cases 

 where, as in felling trees, the place of work is rendered unsafe only 

 by the manner in which the work is necessarily carried on. (Michi- 

 gan supreme court, Stone vs. Bennett, 160 Northwestern Reporter, 

 645.) 



t 

 recovery Unc;r Sales Contracts 



Under a contract for sale of timber products on the basis of mill 

 measurements, the burden is on the seller, in suing for a balance 

 claimed to be due under the contract, to show the quantity delivered 

 according to such measurement. (Vermont supreme court, French 

 vs. Whelden, 99 Atlantic Reporter, 232.) 



Demurrage for Detention of Vessels 



Provision in the charter of a vessel to carry a lumber cargo for 

 demurrage for delay through the charterer's default does not 

 exempt him from liability for demurrage pending delay in loading 

 during unusually cold weather which did not actually prevent 

 loading, although it may have made it inconvenient. (United 

 States district court, eastern district of Pennsylvania; Southern 

 Transportation Company vs. Unkel; 236 Federal Reporter, 779.) 



Arkansas Hours of Labor Law 



The Arkansas statute which forbids emploj'ment of men in mills, 

 "in any department relating to the running and management of 

 said mills, ' ' more than ten hours a day, was not violated through 

 a lumber company's employment of a night watchman for twelve 

 hours at a time. (Arkansas supreme court. State vs. Arkansas 

 Lumber Company, 189 Southwestern Reporter, 671.) 



Validity of Sales Contract 

 An agreement by a lumber company, which owned and operated a 

 sawmill and also bought lumber from other mills, to sell all the 

 lumber of certain grades it should manufacture or own during a 

 certain season, was not invalid as being uncertain as to the quan- 

 ity to be delivered, nor as lacking mutuality of obligation between 

 the contracting parties. (United States circuit court of appeals, 

 seventh circuit; Ramey Lumber Company vs. John Schroeder Lum- 

 ber Company, 237 Federal Reporter, 39.) 



Proving Lumber Sales Accounts 



In a suit to recover for manufacturing lumber, the fact that plain- 

 tifE's employe, from whose tally boards and memoranda, plaintiff's 

 account book was made up, was out of the state at the time of the 

 trial, permitted the book to be admitted in evidence without cor- 

 roboration by him of the entries. (Vermont supreme court, Squires 

 vs. O'ConneU, 99 Atlantic Reporter, 268.) 



Time for Removing Standing Timber 



A sale of standing timber to be removed from the land within a 

 fixed time is a sale of only so much of the timber as may be re- 

 moved within that time, and the purchaser who fails to remove it 

 within that time has no remedy, unless he has been prevented by an 

 act of God or the act of the seller. If he has been so prevented, he 

 is entitled to a reasonable time after the expiration of the fixed 

 period. (Kentucky court of appeals, Wright vs. Cline, 189 South- 

 western Reporter, 425.) 



Damages for Failure to Fill Contract 

 One sued for damages for failing to deliver all lumber called 

 for by a contract of sale made by him, the buyer thereby becoming 

 entitled to recover the excess of the market value of the lumber 

 contracted for above the agreed price, is not entitled to credit for 

 the excess of the market value of lumber actually delivered in part 



performance of the contract above the agreed price for such lum- 

 ber. (Kentucky court of appeals, Kinnaird vs. E. R. Spotswood 

 & Son, 189 Southwestern Reporter, 904.) 



Time for Installation of Equipment 



Under a contract for installation of automatic sprinklers in a 

 lumber company's plant, the agreement failing to specify the time 

 within which installation should be made, the seller was entitled 

 to a reasonable time, and is not liable for a fire loss occurring while 

 the equipment was being installed three months after the order was 

 given, the seller not being at fault in the cause of the fire. (Cali- 

 fornia supreme court, Brookings Lumber & Box Company vs. Man- 

 ufacturers' Automatic Sprinkler Company, 161 Pacific Reporter, 

 266.) 



Loading Lumber as Cause of Accident 



A lumber company's employe assisting in loading lumber by 

 means of skids and injured in the course of such work is entitled to 

 recover damages from the company on showing that the accident 

 resulted from the negligent manner in which the skids were con- 

 structed and loaded. (Springfield, Mo., court of appeals, Allen vs. 

 Quercus Lumber Company, 190 Southwestern Reporter, 86.) 



Who May Make Claim Against Carrier 

 When either shipper or consignee of lumber sustains loss through 

 injury to the shipment in transit, or through negligent delay, he 

 may hold the carrier liable. Under the ordinary contract of sale 

 whereby title to a shipment passes to the consignee on delivery to 

 the carrier, he is the proper party to make claim against the car- 

 rier. Delay in transportation of goods beyond a reasonable time 

 cannot be excused by the carrier on the ground of unexpected heavy 

 traffic, where the shipper was not advised of the probability of un- 

 usual delay. (Florida supreme court, Florida East Coast Railway 

 Company vs. Peters, 73 Southern Reporter, 151. "i 



Interpretation of Sales Contracts 

 Where a contract for sale of lumber^was so worded as to be un- 

 certain whether the buyer was entitled to a two per cent, discount 

 on the entire contract price or only on a balance due, a court will 

 give effect to previous dealings under similar contracts, in which 

 cases the buyer was allowed a discount on the entire price. That 

 a foreign corporation had no right to sue in Missouri to enforce a 

 contract wrongfully rescinded by the seller, because such corpora- 

 tion had not complied with the laws of the state relating to non- 

 resident corporations did not prevent it from recovering money 

 advanced under the contract. (United States circuit court of ap- 

 peals, eighth circuit; Lasswell Laud & Lumber Company vs. Lee 

 Wilson & Company, 236 Federal Reporter, 322.) 



No Tangible Results from Rate Conference 



Lumber interests of the Memphis territory were represented in 

 conference with President Markham of the lUiuois Central on Satur- 

 day, February 24. R. L. Jurden, S. M. Nickey and W. H. Russe of 

 Memphis and E. A. Lang of Chicago, also J. H. Townshend, secretary 

 of the Southern Hardwood Traffic Association, met with President 

 Markham after the conference had been postponed from Wednesday. 

 However, on account of the absence of Vice-president Bowes, in 

 charge of traffic on the Illinois Central Lines, nothing definite was 

 decided upon, as Mr. Markham indicated he would like to have fur- 

 ther discussion with Mr. Bowes before endeavoring to work out specific 

 remedies. The meeting was held in Mr. Markham 's office. 



There are so many advantages attached to the practice of 

 grading lumber at the mill before it is piled on the yard that 

 there is not much excuse for doing it otherwise, even though it may 

 be necessary to' reinspect when loading out for shipment. 



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