Show INNOCENT HOLDER 1 HAS NO I No Title Passes With Stolen tolen I Check When Endorsement Is Forged Says Supreme Court LOWER COURT IS REVERSED JUDGMENT APPROVED IN RAIL RAILROAD RAILROAD RAILROAD ROAD DAMAGE SUIT The supreme court In an opinion flea filed Tuesday holds that even the innocent holder of ot a check or similar document has no title when hen the forged and no title passes even cen to a n abona I bona fide holder The case of ot C H j jWarren Warren against John F Smith of Ogden to recover on a stolen pay check i from the Southern Pacific company is i I therefore reversed and remanded for new trial The check was stolen from Warren who was waa a fireman In the I employ at Montebello Nev Ne March 20 1904 and was cashed by Smith with Warrens endorsement forged The opinion which Is written by Chief Justice D N the other Justices concurring says Bays that where negotiable Instruments are stolen the owner may pursue them until they reach the hands of a bona fide fido holder before maturity but when It is shown that the title of ot I Ian any an person who negotiates such check checkis is ig defective the burden bumen of proof is on i the holder to show that he acquired title in due course In this case the title did I I Inot not pass with the theft I Another opinion written by Justice ustice J JK JE K E 1 Frick Erick the others concurring af at affirms firms finns the judgment of ot the Fourth dis district district district court against the San Pedro Los Angeles Salt Lake Lako Rt company for OO In favor tavor of M A Smith for forthe forthe forthe the death of head of sheep underneath the train at American Fork Smith was driving ioco head of sheep along the highway parallel to the tracks when some of them wandered on the track While hile Smith was trying to get thorn off it is alleged the engineer blew his whistle and Increased his speed dashing into the flock and killing Smith got ot a verdict and appeal was taken on allegations of er error error mr of the court in refusing a nonsuit on the ground that after an ordinance compelling a speed of ot eight miles an hour was wa pleaded it was not proved The refusal of the lower court Is 15 up upheld upheld upheld held by the supreme court |