Page:The Green Bag (1889–1914), Volume 10.pdf/414

 Practical Jokes.

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invasion of another's property. The right to case (Railroad v. Cooper, 32 S. W. Rep. maintain an action for the value of property 517), where a fireman stuck the end of a of which the owner is wrongfully deprived nozzle connected with a locomotive boiler into the hip pocket of the plaintiff, who was on is never denied." The action was for the defendant's removal the engine, and the engineer playfully turned of the reins from plaintiff's harnessed horse on the steam. The company was held not while it was standing tied to a post in a public liable because the act was not in the course street. The defence was that it was a joke. of the servant's employment. At the trial the judge dismissed the complaint, In Rommel v. Schambacher, 120 Penn. upon the tender of the reins from defendant 579, the plaintiff became intoxicated in the to plaintiff, upon the ground de minimis non defendant's tavern, and while in that condi curat lex. The Court of Errors and Appeals tion and in full view of the defendant, an held that this was error, declaring that the intoxicated companion attached a piece of maxim was not applicable to a case of inva burning paper to the plaintiff's clothes, thus sion of a right of property. This is clearly severely burning his body. The defendant right, for many a case of trespass results in was held liable for the consequences of this a verdict of six cents damages. A man " insane and brutal trick." should not give reins to his playfulness to Somewhat analogous to practical jokes are the annoyance of his neighbor. the capers of cowboys and other humorous In the very recent case of State v. Monroe, persons who disturb public religious worship. 121 N. C. 6jj, it was held that a druggist This form of sport is usually obnoxious to a who sold croton oil, and at the purchaser's special statute enacted to secure quiet to request dropped it into a piece of candy, pious people in churches. Of these amus might be convicted of assault and battery, ing cases I once made a list of considerable where the purchaser caused another person length in " Humorous Phases of the Law." and there the curious reader will find ac to eat the candy to his injury, and the drug gist had reason to believe that the dose was counts of the "cowboy" who chased the intended as a trick or joke upon the person cow up and down the road near the church, to whom it was administered, and not for causing her to ring her bell; another who medicinal purposes. put a woman's hat to a pretended un mentionable use; another who put on false The subject in question has not yet ob tained for itself a special head in the digest, moustaches and went forward on the preach and no specific attention seems to be given er's call among the " mourners "; another who stole the preacher's tin horn, used to to it by the text-writers. In Meade v. Chicago etc. P. Ry., Co., 68 summon the faithful at camp-meeting, and Mo. App. 92, a station-master, charged with sounded it lustily at night, disturbing the the duty of excluding " bums " from the sleepers; another who cracked and ate nuts station, poured benzine on a bench on which in church. One individual, who being drunk, the plaintiff lay asleep, so that it ran down broke into a Sunday school festival at a and reached plaintiff's trousers, intending to school house, lay on his back, kicked the touch it off and " have some fun " with the Christmas tree, and swore loudly, got off on sleeper; but before he could "get around the ground that this conduct was not " distur bance of public worship." The Court, how to it," the benzine was fired by another per son, and severely burned the bummer. It ever, admitted that it was " reprehensible." was held that the defendant was liable for It is best for these irrepressibly humorous this attempt to " combine business with persons to follow Dr. Holmes' example, and pleasure." The court distinguish a Texas dare not to be as funny as they can.