Gaseous

(Carbon Monoxide, Chlorine). Irritant* poisons, when taken in ordinary doses, occasion speedily violent vomiting and purging, preceded, accompanied, or followed by intense pain in the abdomen, commencing in the region of the stomach. The irritant effect of many poisons is* a like feature, exerted upon various organs of excretion or secretion. The corrosive poisons, as distinguished from those in a more limited sense termed irritant, generally produce their results more speedily, and give chemical indications; but every corrosive poison acts as an irritant in the sense here adopted. Narcotic poisons act chiefly on the brain or spinal marrow. Either immediately or some time after the poison has been swallowed, the patient suffers from headache, giddiness, paralysis, stupor, delirium, insensibility, and, in some instances, convulsions. Many narcotic poisons, of course, give rise to symptoms peculiar to themselves. The effects of one class are, however, sometimes produced by the other, — more commonly as secondary, but sometimes even as primary symptoms. The evidence of poisoning as derived from symptoms is to be looked for chiefly in the suddenness of their occurrence; this is perhaps the most reliable of all evidence derived from symptoms in cases of criminal poisoning; see Taylor, Pois. 107; Christison, Pois. 42; though none of this class of evidence can be considered as furnishing anything better than a high degree of probability: the regularity of their increase; this feature is not universal, and exists ill many diseases; uniformity in their nature; this is true in the case of comparatively few poisons; the symptoms begin soon after a meal; but sleep, the manner of administration, or certain diseases, \nay affect this rule in the case of some poisons; when several partake at the same time of the same poison ed food, all suffer from similar symptoms; 2 Park. C. C. 235; Taylor, Pois. 118; the symptoms first appearing while the body is in a state of pei'fect health; Archb. Cr. PI. Waterman ed. 948. Appearances which present themselves on see The Hersey Case, Mass. 1861; Palmer’s 800, 20 Am. St. Rep. 143; but the rule of rea- Case, Taylor, Poisons 607; 17 Am. L. Reg. sonable care does not require the company to N. S. 145; but many poisons leave no traces provide against all contingencies of accident which can be so discovered. or inconvenience; Sheffield v. Tel. Co., 36 Chemical analysis often results in impor- Fed. 164. It has been justly said that the tant evidence, by discovering the presence of question of damage arising from the obstrucpoison, which must then be accounted for; tion of a highway by poles, depends largely but a failure to detect it by no means proves on the extent of the right of the public that it has not been given. Christison, Fois- which is under the control of the legislature, ons 61, 62. and subject to the exercise of its discretion The evidence derived from circumstances in legalizing new uses of the highway; Keasdiffers in nothing in principle from that in bey. Electric Wires 157. case of commission of other crimes. The question most discussed with respect Homicide by poisoning is generally either to poles, has been whether their erection is accidental, so as not to amount to murder, a legitimate use of the street, and whether or deliberate: yet it has been held that it imposes a new servitude on the land of there may be a verdict of murder in the sec- the abutting owner. The substitution of ond degree under an indictment for poison- electricity for horse power is said not to be ing; State v. Dowd, 10 Conn. 388. The doc- a change of use; Keasbey, Electric Wires trine of principal and accessory is also modi- 106; but a different view was taken by the fied to some extent in its application to cases New Jersey supreme court; 15 N. J. L. J. of poisoning; 2 Afood. Cr. Cas. 120; 9 C. & 39, 45. P. 356; 9 Co. 81. To constitute an adminis- That they arc an additional burden: Postering of poison, it is not necessary that tal Telegraph-Cable Co. v. Eaton, 170 111. there should be a delivery by hand; 4 C. 513, 49 N. E. 365, 39 L. It. A. 722, 62 Am. St. & P. 356; 1 Bish. Cr. L. § 651. Rep. 390 (telegraph on highway); Goddard Intent to kill need not be specifically al- v. R. Co., 202 111. 362, 66 N. E. 1066 (electric leged in an indictment for murder by poison; on highway); Bronson v. Tel. Co., 67 Neb. 1 East, PI. Cr. 346; 3 Cox, C. C. 300; 8 Ill, 93 N. W. 201, 60 L. R. A. 426, 2 Ann. C. & P. 418; Com. v. Hersey, 2 Allen (Mass.) Cas. 639 (poles on street or highway); An- 173. Where a wholesale dealer supplied a dreas v. Electric Co., 61 N. J. Eq. 69, 47 poisonous drug in place of a harmless drug Atl. 555 (electric on highway); Brown v. ordered, he was held liable in damages to Electric Co., 138 N. C. 533, 51 S. E. 62, 69 the customer who bought it from the retailer L. R. A. 631, 107 Am. St. Rep. 554 (electric and suffered injury from taking it; Thomas on railway); Donovan v. Allert, 11 N. D. v. Winchester, 6 N. Y. 397, 57 Am. Dec. 455. 289, 91 N. W. 441, 58 L. R. A. 775, 95 Am. Many of the states have statutes inflict- St. Rep. 720 (telephone in city); Cosgriff v. ing severe penalties upon the administer- Tel. Co., 15 N. D. 210, 107 N. W. 525, 5 L. R. ing of poisons with a malicious intent. See A. (N. S.) 1142 (rural telegraph and tele- Archb. Cr. Pr. Waterman’s ed. 942; Hicks v. phone); Callen v. Electric L. Co., 66 Ohio St. Com., 86 Ya. 223, 9 S. E. 1024, 19 Am. St 166, 64 N. E. 141, 58 L. R. A. 782 (electric Rep. 891. in city); Krueger v. Tel. Co., 106 Wis. 96, 81 Practicing physicians, who are graduates N. W. 1041, 50 L. R. A. 298 (telephone in of a medical college, are competent to tes- city); Gray v. Tel. Co., 92 App. Div. 89, 86 tify as experts on the subject of arsenical N. Y. Supp. 771 (rural telephone); Western poisoning, although it is not shown that Union Tel. Co. v. Williams, 86 Ya. 696, 11 they have had actual experience in poison S. E. 106, 8 L. R. A. 429, 19 Am. St. Rep. 908 cases; Siebert v. People, 143 111. 571, 32 N. (county roads). E. 431. That they are not an additional burden: As to gas poison, see 15 Med. Leg. J. 276. Magee v. Overshiner, 150 Ind. 127, 49 N. E. 951, 40 L. R. A. 370, 65 Am. St. Rep. 358