Слике страница


The book is bound in buchram, is of convenient size, clear, legible type and well arranged with an introduction by William Brosmith, General Counsel and Vice-President of the Travelers’ Insurance Company, Hartford, Connecticut.



That a check was received three days after its date was held insufficient to put the purchaser on inquiry. Labor v. Steppacher, 03 Pa. 81.

A check made in St. Paul and cashed at Denver five days later, was held not, for this reason, to put the holder on his guard. Estes v. Lovering Shoe Co., 59 Minn. 504, 61 N. W. 674, 50 Am. St. Rep. 424.

A check made September 29, was dated September 22. On September 26, the drawer had made an assignment for his creditors. It was held that the bank, knowing of the assignment, was put on inquiry, although it did not know that the check had been dated back. Chaffee v. First Nat. Bank, 40 Ohio St. 1.

The transfer of a post-dated check before the day of its date was held no cause of suspicion, so as to put the holder on inquiry as to any equities existing against his right to recover. Mayer v. Mode, 14 Hun (N. Y.) 155; Albert v. Hoffman, 64 Misc, 87, 117 N. Y. Supp. 1043; Walker v. Geisse, 4 Whart. 252, 33 Am. Dec. 60.




INSURANCE LAW Among the recent legal publications is a book entitled, “Ready Reference Digest of Accident and Health Insurance Law," by Myron W. Van Auken, published by Matthew Bender & Company, Albany, New York, 1922.

The author, who is a member of the Utica, New York Bar, has been identified with the accident insurance field for many years, holding the position of General Counsel of the Commercial Travelers' Mutual Accident Association of America. He has compiled a digest of cases in which rights under accident insurance policies formed the subject matter of the contests. This digest has been arranged and printed in book form and brought down to date. It covers generally the entire field of the adjudicated cases in which the courts have construed the word "accident" and distinguished the same from "disease.”

It is manifestly the work of years of research and careful analysis such as only an experienced trial lawyer could prepare.

The value of the book has been greatly increased by a common sense index so that a layman, unfamiliar with legal phraseology and the manner in which lawyers classify different matters, can readily find some reported decision either identical with his or bearing such close resemblance as to afford him the benefit of the principles which would apply in his

The work should be invaluable to any practicing lawyer handling cases involving the construction of accident policies and of great interest to any lawyer or layman interested in insurance work generally.

The book, entitled as above, is by Homer Bews Vanderblue, Ph. D., professor of business economics, Harvard University, sometime professor of transportation, Northwestern University, and Kenneth Farwell Burgess, LL. B., of the Chicago Bar, general attorney, Chicago, Burlington & Quincy Railroad Company. The authors have produced a work which they say is neither a law book nor a mere text on economics, but rather a volume presenting thoughtful observations resulting from joint experience in teaching the subject in a university school of commerce and in active practice before courts and commissions. A happy combination.

The original Act to Regulate Commerce was passed in 1887. Its primary purpose was to regulate rates, and prevent extortion and discrimination. It was a rate making and rate control statute. This law has been added to by three amendments, the last of which was the Transportation Act of 1920. From meager commencement in 1887, Congress has extended the scope of regulation until it includes practically the entire management and control of railroad construction, rates and operation, necessitated by prior wrongful management and operation.

It is the present law and present system of regulation that this book treats. The book combines the two essentials to a proper study of the general subject, viz., law and economics. It deals first with the history of railroad regulation in this country and with the agencies of regulation, and the relation of Commissions and Courts. The subjects of Rates, Service, and Management follow in order, and include the proper sub-divisions of each. For instance, the last mentioned title includes such subjects as Rehabilitation of Credit, Valuation, Protection of Investors, Adjustment of Labor Disputes, Integrity of Accounts, and Consolidation.

It is a very helpful book, essential, one might say, to the student and practitioner alike. To mention the names of the authors, is to recommend the book as a thorough and scholarly work.

The book has 480 pages, and is published by The MacMillan Company.


The work is up to the standard set by Professor Schouler. It is published by Matthew Bender & Co., Albany, N. Y., and is in four volumes.


Cambridge, Mass.

May 15th, 1923. Thomas W. Shelton, Esq. Bank of Commerce Building, Norfolk, Va.

Dear Shelton:

I have just read your article entitled "Hobbled Justice" in Central Law Journal for April 20. This is something at which every one who has the administration of justice at heart must rejoice. You certainly could not have made the point better. Res ipsa loquitur.

Yours very truly,





ADMINISTRATORS The work of Professor Schouler on the subject of Wills, Executors and Administrators is so well known by the profession that little need be said about this, the sixth edition. This edition is by Arthur W. Blakemore, of the Boston Bar. Mr. Blakemore is the author of "Wills” in Cyc, the editor of the sixth edition of Schouler on Marriage, Divorce, Separation and Domestic Relations, etc. The profession is well acquainted with the excellent character of his work.

The growth of the subject has necessitated the addition of many new chapters. Thus, the construction of Wills has been made a special feature by the introduction of thirty. one new chapters containing all the modern cases, and the law of Estates has also been newly written with sixteen new chapters containing, among other interesting features, a full exposition of recent developments in the law of conditions and restraints on alienation.

The subject of Executors and Administrators has been brought down to date, and includes, new chapters on the Rights of Beneficiaries, and a full modern treatment of the Ademption, Lapse, and Abatement of Legacies, and kindred topics.

A comparison of this (the 6th) edition with the fifth discloses that the fifth division cited 14,000 cases, while this edition cites 31,000. On the subject of Construction of Wills the fifth edition contained one chapter of 160 pages, while the new edition devotes 31 chanters, covering 440 pages to the subject. To Estates, Conditions and Trusts, the fifth edition devoted one chapter, of 56 pages, called Miscellaneous Provisions. The sixth edition gives to this subject 16 chapters, of 210 pages.

Relative to the treatment of the subject of Testamentary Capacity, the author says:

“Medical knowledge of mental diseases has so far advanced since Professor Schouler wrote his treatise that an entire recasting of the portion of the work on Testamentary Capacity has been necessary, and the editor of this edition has brought the work completely in line with modern psychiatric developments through the courtesy of Dr. Thomas A. White of the Government Hospital at Washington, one of the recognized leaders in advanced study of diseases of the brain. Full directions for examination and cross-examination of witnesses and preparation of such cases for trial in the light of modern medical knowledge have also been inserted in this edition."

An extraordinary contention was incidentally raised tefore the Court of Appeal in Nelson v. Moir, Times, 17th February. Here an action had been tried before Mr. Justice McCardie in which questions of grossly indecent conduct arose, and two women jurors had refused to retire from the jury box when invited by the judge to do so.

The plaintiff obtained a verdict for slander and £500 damages, and the defendant now asked for a new trial. One of the contentions of counsel, not very clearly expressed in the reports, would appear to have been that the judge, in the exercise of his statutory discretion, should have decided that in this class of case justice would not be done if a woman were on the jury, and should have withdrawn the juror to substitute a new juror, on the refusal of the women to retire. Clearly such exercise of his discretion would have been possible for the learned judge, since the statute gives him the right of deciding that any case is unsuitable for a feminine jury; but it is idle to contend that he was bound to exercise it. Appeal felt it necessary to emphasize their view that the sex of members of the jury is not a matter on which, in any normal circumstances, counsel is entitled to place reliance

appeal.-Solicitors' Journal (Eng.), March 3, 1923.


The Court of




Digest of important Opinions of the State Courts

of Last Resort and of the Federal Courts.

Copy of Opinion in any case referred to in this Digest may be procured by sending_25 cents to us

or to the West Pub. Co., St. Paul, Minn.



.31, 32, 37, 49 Arkansas

20 California

.19, 22. 47 Georgia

.56 Indiana

67 lowa

.35, 38 Kansas

24 Louisiana

.40, 62, 69 Maine

.46 Minnesota

18, 63 Mississippi

.14, 55 Missouri

..42, 50, 53, 59 New York

...52, 54, 61 Oklahoma

.16 Pennsylvania

..23, 66 South Carolina

.13, 17 Tennessee

64 Texas

.12, 30, 34, 41, 44, 51, 58, 68 U. S. C. C. A.

...3, 6, 8, 9, 11, 27 U. S. D. C..

.4, 5, 7, 10, 45 U. S. S. C.

..15, 26, 28, 29, 33, 43, 60 Virginia

.65 Washington

.2 Wisconsin....

...1, 21, 25, 36, 39, 48, 57 1. Automobiles - Crossings. An automobilist, traveling eastward at least 25 miles per hour when he struck another car traveling westward at about 12 miles per hour within a few feet of the north side of the road, held negligent as a matter of law.-Zietlow v. Sweger, Wis., 192 N. W. 47.

2.—License.-Laws 1921, p. 338, § 2, prohibiting the operation of motor vehicles for transportation of persons or property for compensation on public highways, as defined by section 1, subd. (e), except in accordance with the provisions of the act, section 4 of which prohibits such transportation "between fixed termini or over a regular route," as defined by section 1, subd. (f), without a certificate of public necessity, read in the light of Laws 1921, p. 251, relating generally to the licensing of motor vehicles for use on highways, and which was not repealed by the later act, as indicated by section 11 thereof, does not prohibit the hauling of goods for compensation by vehicles not regularly operated between fixed termini or over regular routes, though section 1. subd. (d), excepts taxicabs, which are usually not operated over regular routes.-Carlsen v. Cooney, Wash., 212 Pac. 575.

3. Bankruptcy-Appeal.—The issue of allowing or rejecting a claim of lien on the bankrupt's property is not reviewable by a petition to superintend and revise, but only by appeal.-Bear V. Liberty Nat. Bank of Roanoke, Va., U. S. C. C. A., 285 Fed. 706.

-Claims.-The confirmation of a composition with creditors by an alleged bankrupt does not deprive the court, or its referee, of jurisdiction to determine a claim by a third party to property which was then in the actual possession of the court through its receiver in bankruptcy, since the court will not take the affirmative action of returning the property without ascertaining the right of the alleged bankrupt to the property, though, if it was not in the actual possession of the court. so as to require the affirmative act of returning it, the court would have no jurisdiction to determine the claim.-In Re Kalnitzsky Bros. & Oppenheim, U. S. D. C., 285 Fed. 649.

5.—Discharge.-Confirmation of composition in voluntary proceedings is a discharge granted in voluntary proceedings, which bars a second discharge within six years under Bankrutcy Act, $ 146(5), being Comp. St. $ 9598.—In Re Massell, U. S. D. C., 285 Fed. 577.

6.--Exemptions.-Under Const. Tex. 1876, art. 16, § 51, exempting a homestead in a city, town, or village “provided the same shall be used for the purposes of a home or as a place to exercise the business or calling of the head of the family,” a bankrupt cannot hold as exempt the property used

as his home and also the property in which he conducts his business in a distant town.-Robinson V. Eikel, U. S. C. C. A., 285 Fed. 733.

7. --Mortgage.—The rights of a mortgagee of an automobile whose mortgage was not acknowledged nor recorded until after bankruptcy of mortgagor, under the statutes of Florida (Rev. Gen. St. 1920, § 3838), which provide that, where mortgagor retains possession, a chattel mortgage must be recorded to be good as against creditors or subsequent purchasers, held inferior to those of the trustee, who has the rights of a judgment creditor, under Bankruptcy Act, $ 47a (Comp. St. § 9631a). -In Re Redding, U. S. D. C., 285 Fed. 575.

8. Partners.-Under Bankruptcy Act, § 5, subsec. (c) to (g) being Comp. St. $ 9589, contemplating the administration of both partnership and individual estates, except as provided in subsection (h), in the event of one or more, but not all, of the members of a partnership being adjudged bankrupt, and in view of the impossibility of the firm bei..g bankrupt while one or more of the partners is solvent, since the partners are each individually liable for the firm debts, an adjudication of bankruptcy against a partnership is an adjudication against each of the partners.-Bear v. Liberty Nat. Bank, U. S. C. C. A., 285 Fed. 703.

9. -Power of Attorney.-One acting for bankrupt under a general power of attorney with respect to real estate owned by bankrupt in Louisiana, consisting of farms and a hotel and furniture, in possession of a tenant, is not within Rev. Civ. Code La. art. 3252, giving a privilege to salaries of "secretaries, clerks, and other agents of that kind," nor is the property of bankrupt "in his hands" in such sense that he may retain it to satisfy an indebtedness to him under article 3023 of such Code.-Wisong v. Clarke, U. S. C. C. A., 285 Fed. 726.

-Preferences.-Commencement of suit of a trustee to set aside a mortgage as a fraudulent preference cannot be considered as the filing of a claim by the creditor which may be amended, after expiration of the year for presenting claims, to set up the claim as an unsecured debt, after final judgment setting aside the mortgage.--In Re Baker's Baking Co., U. S. D. C., 285 Fed. 652.

11.-Refund.—Where buyers of intoxicating liquor, which was sold to them as tax-free, were compelled to pay the so-called floor tax under the proviso of War Revenue Act Oct. 3, 1917, § 303 (Comp. St. 1918, § 5986b), that such tax on distilled spirits in the custody of a bankruptcy court should be paid by the person to whom the spirits were delivered, they could in equity require the trustees to refund them the amount they were compelled to pay.--Heyman v. United States, U. S. C. C, A., 285 Fed. 685.

12. Banks and Banking-Adverse Interest.Where cashier was the sole representative of his bank in taking notes to make good the amount of his misappropriation of the bank's funds, his knowledge of the fact that the payee and indorser had intrusted such notes to him for the purpose of securing a loan from a third party to such payee and indorser was imputable to the bank, notwithstanding the cashier's adverse interest.Mays V. First State Bank, Tex., 247 S. W. 845.

13. -Preferred Claims.-As a claim for damages for failure to deliver stocks sold by a bank while in control of the bank examiner could not be considered as expenses incurred in liquidating an insolvent estate. it was not a preferred claim.-A. M. Law & Co. v. Farmers' & Merchants' Bank, S. C., 115 S. E., 812.

14. -Priorities-Where county officers deposit the money of the county in a bank which has not qualified as the county depository, and this bank, in accordance with an agreement with another bank, deposits part of the county money in the second bank and takes certificates of deposit therefor in its (the bank's) name, as between the two banks, the relation of bank and ordinary depositor exists. and the first bank is not entitled to priority of payment under section 2823, Hemingway's Code (Code 1906. $ 3485) out of the assets of the second bank, which is being liquidated by the state banking department.-Wardlaw v. Planters' Bank, Miss., 95 So. 135.

25. Commerce-License.-Where plaintiff's agent in Minnesota, soliciting an order for a meat Sie from defendant in Wisconsin, brought the machise to defendant's shop the following day for demonstration and sold it to defendant, the transaction was one in “interstate commerce," and plaintii corporation could recover without complying with St. 1921, § 1770b, requiring foreign corporations to be licensed to do business within Wisconsin.American Sicing Mach. Co. v. Jaworski,

Vis.. 192 N. W. 50.

26. -Rates.-An order of the Interstate Commerce Commission, fixing rates or apportioning joint rates between carriers, if unsupported by eri. dence, is invalid.-Akron, C. Y. Ry. ('o. . United States, U. S. S. C., 43 Sup. Ct. 270. 27-Stolen Automobiles - The driving



15. -State Lien.-Under Rev. Laws Okla. 1910, $$ 302, 303, providing for the payment of depositors of banks or trust companies taken over by the bank commissioner, and for a lien in favor of the state for the benefit of the depositor's guaranty fund on the assets of the bank or trust company, the state has no lien on the assets before the taking of possession by the bank commissioner.United States v. State of Oklahoma, U. S. S. C.. 43 Sup. Ct., 295.

16. Bills and Notes.-Collateral.- When the maker of a note receives consideration, the payee suffers no detriment, and the note is given to cover up shortage of the cashier of the payee bank, and the cashier is not released in any wise from any part of his debt due the bank by reason of his having misappropriated its funds, the note is merely collateral.-First Nat. Bank V. Allen, Okla., 212 Pac. 597.

17. Carriers of Goods.--Amount of Damages.Where a shipper of diamonds by express without the state informed the carrier's agent that the package was valuable, but declared no value in writing, and the receipt therefor did not do so, or limit liability pursuant to the Carmack Amendment (U. S. Comp. St. 88 8604a, 8604aa) and the rules of the Interstate Commerce Commission, the shipper was properly allowed to recover fuil value for his loss.-Kristianson v. American Ry). Express Co., S. C., 115 S. E. 899.

18. Carriers of Passengers-Accounts. - Where the street railway company's balance sheets and income account showing its net earnings are made part of the application to the Commission, all the items entering into the accounts may be considered, and the nature of all expenditures which go to reduce the net earnings are subject to investigation. But when the company stipulates that certain expenditures are not to be considered as affecting the value of its property or as having any bearing on the rates of fare it may charge, an investigation of such expenditures is no longer materiai. and may not be required.-State v. Minneapolis Street Ry. Co., Minn., 191 N. W. 1004.

19.- -Bus Driversi-A bus driver is a common carrier required to exercise the utmost care and diligence for the safety of his passengers, and the jury may find that he is thereby required while driving along a street car track to look behind at intervals to ascertain whether street car is approaching.-Simmons v. Pacific Electric Ry. Co., Calif., 212 Pag 637.

20.—Connecting Lines.--A passenger, without knowledge of a condition printed on her ticket, which she did not sign, limiting the railroad's liability for safe carriage to its own lines, held not precluded from recovering for an assault and battery committed by the auditor of a connecting road covered by the ticket.-Missouri Pac. R. Co. v. Prude, Ark., 247 S. W. 785.

21. Negligence.--Where a passenger was killed on a dark night, when he alighted on a bridge and fell into a river because the brakeman, in calling his station, led him to believe the train was there, whereas it stopped at a water tank, the carrier must be held negligent.-Larson v. Green Bay & W. R. Co.. Wis., 192 N. W. 63.

22. - -Recovery.-Where a collision between motor bus and an interurban car was caused by the concurrent negligence of the operator of the bus and the street car company, a passenger of the bus can recover from either or both defendants.--Simmons v. Pacific Electric Ry: Co., Calif., 212 Pac. 641.

22. -Reasonable Care.-Passengers are not under all circumstances obliged to stop look and listen before crossing tracks at a railroad station in boarding or leaving trains, but the rule does not relieve them from the duty to exercise reasonable care for their own safety.-Dahl v. Pennsylvania R. Co., Pa.. 119 Atl. 656.

24. Civil Rights-Restaurants -A restaurant or lunchroom is not an "inn, hotel or boarding house" within the meaning of those words in a civil rights act, forbidding racial discrimination by those in charge thereof.--State v. Brown, Kan., 212 Pac. 663.


its own power is "interstate comerce, eve though no goods or passengers were

transported therein for hire.-Whitaker v. Hitt, U. S. C. CA, 285 Fed. 797.

28. Constitutional Law.-Decisions.—The Costitution affords no protection as against impairment of a contract by judiciat decision.-Columbia Ry., Gas & Electric Co. v. State of South Carolina, U. S. S. C., 43 Sup. Ct., 306.

29.—Due Process of Law.-An assessment of $102,942.30 against a street railway for pavirg between, and for 18 inches outside. its trachs, 23 authorized by Pub. Laws N. C. 1915, c. 56, on failure of the company to make the improvement. was not arbitrary or wholly unreasonable, SO

as constitute a taking of property without due process of law or a denial of the equal protection of the laws. in violation of the Fourteenth Amendment, though the company's property on the street had a value of only $100,000, while abuttng property against which an assessment of $89.909 55 made on a front-foot basis, had an assessed value of $5,083,250, and though the company was put to an expense of $ 75,108.85 in taking up and relaying its track, and though its railway was being ope. rated at a loss.-Durham Public Service Co. v. City of Durham, U. S. S. C., 43 Sup. Ct. 290.

30.- -Property Rights -Denial of right to repair, so as to keep fit for use, a building lawfully erected, so that the owners have a vested property right in it, is a denial of the enjoyment of the property right.-Crossman v. City of Galveston, Tex., 247 S. W. 810.

31. Corporations-Dividends.—Complainant Joaned 60 shares of stock to his brother, a shareholder and officer of defendant corporation, and the borrower wrongfully surrendered the shares, had them reissued to himself. and they were thereafter sold at public sale to pay his indebtedness to the company and by the coñpany bought in and held as treasury stock. Held that, in a suit to recover the stock and dividends thereon, there was no basis for a decree for dividends in an amount equal to dividends paid other shareholders, in the absence of allegations and proof that the corporation had sufficient assets over and above its liabilities and stock to pay such dividends, because, if the shares originally owned by complainant were entitled to share in dividends, such share would be in the dividend declared and distributed.-Mobile Towing & Wrecking Co. v. Hartwell, Ala., 95 So. 191.

32. - Equity.-A suit in equity is the surest, most compiete, and most just remedy for compelling a corporation to register a transfer of stock, and to adjust various conflicting rights of other parties—Howe v. Roberts, Ala., 95 So. 344.

33. - Service.--A New Orleans bank, whose New York correspondents transacted an extensive business for it, but which had no place of business in New York, and none of whose officers or employers resided there, was not "doing business" in New York, so as to warrant the inference that it was present there, and support service of process made on its president while temporarily in New YorkBank of America v. Whitney Cent. Nat Bank U. S. S. C. 43 Sup. Ct. 311,

34 Covenants-School Purposes. A restriction in a deed against the use of the property for other than enumerated purposes will not be enforced to prevent the use thereof for public or private school





purposes.--Clifton George Co. v. Great Southern Life Ins, Co., Tex.. 247 S. W. 912. 35. Executors and

Administrators-Notes.-A note given by a husband to his wife as an attempt to make a gift to her payable after the husband's death is a mere promise to give money at a future time, and cannot be enforced. -Latcham v. Latcham, Iowa, 191 N. W. 977

36. Explosives-Gasoline.-The purpose of St. 1917, § 14210, punishing the sale or keeping of gasoline in unmarked containers, being the protection of the public from improper practices, dangerous to life and property, it will be construed as imposing liability without requiring actual knowledge or intention, since to hold otherwise would defeat its purpose.-Knecht v. Kenyon, Wis., 192 N. W. 82. 37.

Highways-Tractors.-A statement in the count of a declaration that defendant's overturned tractor was naturally calculated to frighten mule of ordinary gentleness was a sufficient averment showing negligence in leaving the tractor in that position, since very general averments, little short of mere conclusions of a want of care, meet the requirements of the law.--Shelby Iron Co. v. Morrow, Alan, 95 So. 370.

38. Insurance-Agency. Where the agent taking the application for insurance on sows for 80 per cent of the greatly inflated price at which they were sold at an ostensible sale was the agent of the parties to such sale and their banker, and handled their paper, and was clerk of the sale and familiar with the arrangement under which the purchaser was to have an indefinite time to pay and the proceeds of the insurance in case of loss were to be received in full settlement, and was the transferee of the purchase-money notes, and if any fraud was perpetrated, participated therein, the insurance company was not chargeable with his knowledge of the fraud.-Smith v. Iowa State Live Stock Ins. Co., Iowa, 191 N. W. 981

39- -Direct Liability.-In view of St. 1921, 8 1797–63, a policy issued to a motor vehicle carrier providing insurer would pay to "assured" the amount of any final judgment for damages renlered against "assured" for injury from negligent operation, but further providing that the coverage should be extended to cover in accord with a city ordinance and the state statutes, held not a contract of mere indemnity, but one of direct liability to a person so injurech -White v. Kane, Wis., 192 N. W. 57.

40.- -Exemptions.-Provision of charter of benefit insurance association excluding liability for death while on duty as a "soldier" did not apply to one enlisted in the navy, especially where the hazardous occupation had nothing to do with his death.-Schroeder r Amalgamated Ass'n, Etc., of America, La., 95 So. 189.

41. Representations.-False answers in an application for insurance will not, under Rev. St. art. 4947, avoid the policy, unless the represented thing actually contributed to the contingency upon which the policy became due and payable.-Southern Surety Co. v. Butler, Tex., 247 S. W. 611

42-Representations.-Beneficiary of an industrial insurance policy cannot recover if the insured at the time of his application and issuance of the policy had tuberculosis, but misrepresented that fact in the application.-Isabell v. American Nat. Ins, Co., Mo., 247 S. W. 426.

42 -Service.-A Minnesota mutual insurance association was not doing business in Montana, so as to be suable there, merely because one or more members without authority to obligate it solicited new members, or because it insured lives of persons living in Montana, and mailed notices addressed to beneficiaries at their homes therein, and paid losses by checks from its home office --Minnesota Commercial Men's Ass'n v. Benn, U. S. S. C., 43 Sup. Ct. 293

44. Warranties.--Warranties in fire insurance policies, requqirqing the insured to keep account books and inventories showing the value of the stock on hand. must be substantially complied with, but in determining what is required a fair and reasonable construction is to be adopted.--Home Ins.

F. C. Flewellen Produce Cox, Tex., 247 S. W. 833.

45. Intoxicating Liquors-Search Warrants.-The provision of National Prohibition Act, tit: 2, § 25, that "no search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some business purpose. such as a store, shop, saloon, restaurant, hotel or boarding house," cannot be extended by construction to authorize issuance of a search warrant on an affidavit showing probable cause to believe that liquor was being manufactured therein.-United States v. Jajeswiec, U. S. D. C., 285 Fed. 789

46. Landlord and Tenant-Liability of Tenant.A landlord who lets entire building to one tenant, reserving only the right to enter to make repairs, is not liable to a traveler on an abutting public highway for injuries from ice or snow falling from the roof, where it does not appear that the tenant might not have prevented the accident by the use of reasonable care.-Meyers v. Pepperell Mfg. Com, Me., 119 Atl. 625.

47. Livery Stable and Garage Keepers-Breach of Obligation.—A breach by a public garage keeper of his agreement not to let any unauthorized person take plaintiff's automobile is itself failure to exercise due care to keep the car safely.--Mehesy v. Mission Garage, Calif., 212 Pac. 643.

48. Marriage-Minor.-The fraudulent conduct of plainaiff husband in misrepresenting his age as being above 21 years does not estop him in proceedings to have a marriage annulled


the ground of his non-age.-Swenson v. Swenson, Wis., 192 N. W. 70.

49. Master and Servant-Agency.-In action for injury to one on a highway by a wagon. when plaintiff proves the wagon and team belonged to defendant, and that the driver had been a driver for defendant for several years prior to the injury. a presumption of law is raised that driver was defendant's employee at time of injury and acting in line of employment, and, if the presumption is not overcome by evidence, the plaintiff is entitled to recover.-Eetna Explosives Co. V Schaeffer, Ala.. 95 So 351

50. Municipal Corporations--Agency.-In action by widow to recover for her husband's death, in collision of his motorcycle with defendant's automobile truck, evidence as to the driver's employment by defendant, and defendant's name lettered on the side of the truck, held to be convincing proof of defendant's ownership, and chauffeur's agency for him.-Karte v. J. R Brockman Mfg. Co., Mo., 247 S. W. 417.

51. -Nuisance.-An ordinance so far as it makes final the orders of its council declaring a building a nuisance, and ordering its summary abatement, is voidi -City of Texarkana v. Reagan, Tex., 247 S. W. 816.

52. -Res Ipsa Loquitur.—Where an automobile standing at the curb was struck by a truck, the doctrine of res ipsa loquitur applies.--Rosenberg V. American Ry. Express Co., N. Y., 198 N. Y. S. 224.

53. Railroads-Contributory Negligence. It is the duty of a guest riding in an automobile approaching a railroad track to use ordinary care for his own safety by looking and listening at a reasonable distance so that he can by ordinary care inform the driver in time to prevent a collision, and, if he saw or could have seen the train had he looked in time by the exercise of ordinary care to inform the driver of its approach, and thereby prevent collision, his failure so to do is contributory negligence precluding recovery.--Sorrell v. Payne, Mo., 247 S. W. 462.

54. Release-When Binding.–Where plaintiff understood and spoke English, and was able to read and write, and a release of a claim for personal injuries was not only read to him, but read by him, and a draft received in settlement was cashed by him some time after the accident and the proceeds never tendered back the release held binding on him as against his claim that he did not understand that he was settling the claim for injuries.--Backhous v. Wagner, N. Y., 138 N. E. 82.

Sales-Acceptance.-Where goods were ordered, and they were shipped before the time



« ПретходнаНастави »