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WCU - Western Carolina University Publications

Western Carolinian Volume 41 Number 53

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Item 1 - Western Carolinian Volume 41 Number 53
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Western Carolinian Volume 41 Number 53

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Western Carolinian Volume 41 Number 53

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  • THE WESTERN CAROLINIAN THURSDAY, MAY 27, 1976 Berry discusses law problems make any difference to the judge? one go expressing his religious beliefs? Can he get away with breaking the law on the basis of religious freedom? Dr. Williams, a clinical psychologist, smoked marijuana. He was No. Williams was found to be juilty of the crime. The court did lot feel his sincerity of purpose in lis religious and scientific endea- rors, nor the value of the ui MUST HIGHWAYS BE SAFE? e Winston was 47 when the : occui lusband nature of marijuana was pert to the case. Religious freedom the court explained, must be It embraces two concepts—freedom to believe and freedom to act. While the freedom to believe may be absolute, the transportation and concealment of the drug. At his t Williams contended his arr was a violation of his const tional right of religious freedom, act is relative and may This defense was based on the conditioned to controls of conduct fact that he was a convert to a that may be contrary to a person's religion and a member of the sect beliefs but necessary for the that used marijuana to attain public welfare and the control of levels of religious consciousness society. The severity of the in accordance with the rituals of criminal sanctions in the mari- the sect. He also had written juana laws indicates the legisla- extensively on marijuana and tors' grave concern with the other psychedelic drugs and had control of that substance, established a center for religious ific research with these s home in New York, his religious belie Based United States Court of Appeals survivors included her and a 16-year-old son. On the day of the accident she was driving within the speed limit on a state highway. It was a dry clear day, but very cold — about 10 degrees fahrenheit. Suddenly the automobile slipped on an icy patch, crossed into the oncoming lane, and collided with a sixteen- wheel truck and trailer. Alice lived three days. Her husband brought a lawsuit eedom to against the City of Bloomington, Indiana and the State of Indiana for the wrongful death of his wife. He asked for damages in the amount of $100,000. He argued that since the water which froze and caused the accident came from a leak in a city waterline which ran underneath the state highway, either the city, the state, or both were responsible for his wife's death. The highway had been built er the line while the line was mporarily abandoned. Water decision of the ^t^^s^^^^i -J4SD -Sqi> THE BR\DGE raUrOD Co 0? . through the subsequently reactivated when a house was built. Winston claimed the city was liable for activating inspect a paper-making plant. His wife contended the choking to death on a too large bite of meat injury " ' defective waterline and was liable for not maint; highway in a safe conditi The defendants argued that icy highways were not uncommon during the time of year the accident occurred and that the responsibility was on Mrs. Winston to drive with care and in acticipation of such conditions. Who should win the suit? The Winston's won. The court held that due to the weather conditions of that day, it was not reasonable to expect Mrs. Winston to anticipate ice being on the highway. Evidence showed that the waterline had leaked for as much as one year. Evidence also showed that State Troopers had been aware of the leak. They had a duty to notify the State Highway Department but failed to do so. The defendants breached their duty. Based on a decision of an Indiana court. IS DEATH COMPENSABLE? state employment. All of the ip were being were being borne by Johnson's employer. She claimed the workmen's compen- satio insure pay the When is a death compensable under our workmen's compensation laws? The law states that a surviving spouse is entitled to receive workmen's compensation benefits if the death of the spouse was caused by an injury "arising out of and in the course of employ ment". But what does that mean? Wally Johnson was a paper saleman based in Minneapolis. He choked to death in a Chicago restaurant while dining with a Based on a decision of the potential customer he was Supreme Court of Minnesota, accompanying to Michigan to benefits. The insurer conceded that Johnson was "in the course of his employment" at the time of his death, but contended his death was not caused by an injury "arising out of" his employment. "In order to find the death on 'arising out of the employment", the insurer insisted, "it was necessary to find that there was a hazard or risk to which the employment exposed Johnson apart from that to which he would be exposed as a member of the general public. Eating at a restaurant is not that type of hazard." Should the court rule in favor of Johnson's wife or the insurer? Mrs. Johnson won. The court held that an injury or death arises out of employment if after the event, it can be seen that the injury had its source in circumstances in which the employee's employment placed him. Acts of traveling, procuring food, and procuring shelter were all incidents of the employment relationship. The employment was the sole factor in exposing the employee to the injury-producing act. The employment was clearly the reason for his being in the Chicago restaurant at that I BEL HARBOR RESTAURANT ANNOUNCES\ WE WILL BE OPEN THIS SUMMER 10pm TUESDAY - SATURDAY 5pm 12pm - 8pm SUNDAY BRING THIS COUPON AND GET I 10% OFF THE PRICE OF ONE OF I OUR SEAFOOD DINNERS K>a««3«Bc;>a«<>a6<>3e- mmMKt&m&am
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Western Carolina University Publications

The Western Carolinian is Western Carolina University’s student-run newspaper. The paper was published as the Cullowhee Yodel from 1924 to 1931 before changing its name to The Western Carolin...

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