ciding, to what extent highway must be made safe and convenient for bicyclist; Overhouser v. American Cereal Co. 118 Iowa, 420, 92 N. W. 74, recognizing no liability on city's part, more than to keep street in reasonably safe condition for traveling with horses and carriages; Rust v. Essex, 182 Mass. 314, 65 N. E. 397, holding road reasonably safe for ordinary travel not defective because not fit for bicycle travel; Hendry v. North Hampton, 72 N. H. 355, 64 L. R. A. 72, footnote p. 70, 101 Am. St. Rep. 681, 56 Atl. 922, holding town liable to bicyclist for injuries caused by defect making highway unsuitable for ordinary travel.

Cited in footnote to Prather v. Spokane, 59 L. R. A. 346, which requires city constructing bicycle path along side of street to make it reasonably safe.

50 L. R. A. 128, HEWITT v. REED CITY, 124 Mich. 6, 83 Am. St. Rep. 309, 82 N. W. 616.

50 L. R. A. 129, SHINGLEMEYER v. WRIGHT, 124 Mich. 230, 80 N. W. 887.

50 L. R. A. 134, IVES v. EDISON, 124 Mich. 402, 83 Am. St. Rep. 329, 83 N. W. 120.

Injunction to restrain violation of easement.

Cited in St. Louis Safe Deposit & Sav. Bank v. Kennett, 101 Mo. App. 390, 74 S. W. 474, sustaining injunction restraining maintenance of smoke-stack in violation of covenants.

50 L. R. A. 140, SALTER v. SUTHERLAND, 123 Mich. 225, 81 N. W. 1070 Motion to amend judgment granted in 125 Mich. 662, 85 N. W. 112.

50 L. R. A. 142, CLARKSBURG ELECTRIC LIGHT CO. v. CLARKSBURG, 47 W. Va. 739, 35 S. E. 994.

Franchise granted to corporation not fully organized.

Cited in Chicago Teleph. Co. v. Northwestern Teleph. Co. 199 Ill. 345, 65 N. E. 329, Affirming 100 Ill. App. 63, sustaining ordinance granting privileges to corporation not fully organized at time of its introduction, but completed before its passage.

Privilege of using streets as contract.

L

Cited in footnote to Westport v. Mulholland, 53 L. R. A. 442, which holds road on which street car tracks is laid under authority of county, subject, on inclusion in city limits, to ordinance against tearing up streets.

50 L. R. A. 153, GRANEY v. ST. LOUIS, I. M. & S. R. CO. 157 Mo. 666, 57 S. W. 276.

Sufficiency of evidence to support verdict.

Distinguished in Harper v. Western U. Teleg. Co. 92 Mo. App. 310, holding slight preponderance of prevailing party's evidence no ground for reversal. Contributory negligence of children.

Cited in footnote to Gleason v. Smith, 55 L. R. A. 622, which denies liability for injury by collision with team, to twelve-year-old boy using street as playground.

L. R. A. AU.-VOL. IV.—77.

Qualification as expert witness.

Cited in Fuchs v. St. Louis, 167 Mo. 645, 57 L. R. A. 144, 67 S. W. 610, holding that mining engineer who never investigated sewer ventilation, cannot testify as to practicability of method never tested by practice or experiment. Expert evidence as to disputed fact.

Cited in State v. Palmer, 161 Mo. 174, 61 S. W. 651, holding that expert cannot testify as to whether defendant could distinguish right from wrong.

Liability for injury not reasonably to be anticipated.

Cited in Rogers v. Meyerson Printing Co. 103 Mo. App. 689, 78 S. W. 79, holding negligence of defendant in. not providing bars for window near stairway landing, through which minor employee fell, question for jury.

50 L. R. A. 160, EDWARDS v. LAMB, 69 N. H. 599, 45 Atl. 480.

Degree of care required from one assuming performance of act.

Cited in Pittsfield Cottonwear Mfg. Co. v. Pittsfield Shoe Co. 71 N. H. 533, 60 L. R. A. 121, 53 Atl. 807, holding one undertaking management of heating plant under legal obligation to exercise ordinary care and skill.

Cited in footnote to Niven v. Boland, 52 L. R. A. 786, which denies liability of physician for signing in good faith certificate necessary to commit to hospital for dipsomaniacs.

50 L. R. A. 161, KING v. CHICAGO, M. & ST. P. R. CO. 80 Minn. 83, 81 Am. St. Rep. 238, 82 N. W. 1113.

Number of causes of action arising out of injury to person and property. Cited in Foss v. Whitehouse, 94 Me. 498, 48 Atl. 109, holding action to recover money paid to effect release from unlawful imprisonment precludes action in tort for damages; White v. Rio Grande Western R. Co. 25 Utah, 365, 71 Pac. 593 (concurring opinion), majority holding action for death maintainable in either county when deceased was injured in one county and died in another from injury, and referring particularly to annotation in 50 L. R. A. 161.

Disapproved in Reilly v. Sicilian Asphalt Paving Co. 170 N. Y. 43, 57 L. R. A. 177, footnote p. 176, 88 Am. St. Rep. 636, 62 N. E. 772, holding judgment for injury to vehicle through defect in highway no bar to action for personal injury.

50 L. R. A. 168, RUSTAD v. BISHOP, 80 Minn. 497, 81 Am. St. Rep. 282, 83 N. W. 449.

Validity of successive garnishments of wages.

Cited in footnote to Siever v. Union P. R. Co. 61 L. R. A. 319, which sustains right to injunction against prosecuting multiplicity of garnishment proceedings for exempt wages.

50 L. R. A. 170, FERGUS FALLS v. FERGUS FALLS HOTEL CO. 80 Minn. 165, 81 Am. St. Rep. 249, 83 N. W. 54.

Estoppel.

Cited in Hunt v. Hauser Malting Co. 90 Minn. 285, 96 N. W. 85, holding corporation having received dividends upon stock investments with knowledge of

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1219

its stockholders estopped to set up ultra vires in action to enforce stockholder's liability.

50 L. R. A. 175, TUSCALOOSA ICE MFG. CO. v. WILLIAMS, 127 Ala. 110, 85 Am. St. Rep. 125, 28 So. 669.

Combinations in restraint of trade.

Cited in Fullington v. Kyle Lumber Co. 139 Ala. 246, 35 So. 852, holding void, agreement to pay owner of saw-mill one-half of rental for ten years in consideration of owner not operating same, and of his not permitting another mill to be erected or operated on premises.

Cited in footnotes to Cummings v. Union Blue Stone Co. 52 L. R. A. 262, which holds void, agreement by persons controlling 90 per cent of sale of blue stone to sell through common agent and maintain agreed prices; John D. Park & Sons Co. v. National Wholesale Druggists' Asso. 62 L. R. A. 632, which sustains plan by which manufacturers of proprietary medicines shall sell at fixed prices with rebate only to concerns which can be relied on to maintain price decided upon.

50 L. R. A. 180, SCHUCHART v. SCHUCHART, 61 Kan. 597, 78 Am. St. Rep. 342, 60 Pac. 311.

Cohabitation unlawfully begun as proof of marriage.

Cited in footnotes to Barker v. Valentine, 51 L. R. A. 787, which holds cohabitation after removal of impediment to marriage, a lawful marriage; University of Michigan v. McGuckin, 57 L. R. A. 917, which holds lawful marriage shown between persons whose cohabitation originally meretricious, by continued cohabitation after disability removed and birth of children baptized as legitimate; Eaton v. Eaton, 60 L. R. A. 605, which holds marriage consummated by cohabitation with intent to sustain relation of husband and wife after removal of impediment existing when marriage first contracted.

50 L. R. A. 182, MORRIS v. UNION NAT. BANK, 13 S. D. 329, 83 N. W. 252.

50 L. R. A. 184, MCCARTHY v. SPEED, 11 S. D. 362, 12 S. D. 7, 77 N. W. 590, 80 N. W. 135.

Writ of error dismissed for want of jurisdiction, in 181 U. S. 269, 45 L. ed. 855, 21 Sup. Ct. Rep. 613.

Lodes or veins within placer claims.

Cited in note (50 L. R. A. 295) on lodes or veins within placer claims. Relocation of mining claim by cotenant.

Cited in Yarwood v. Johnson, 29 Wash. 661, 70 Pac. 123, holding that relocation by one cotenant inures to benefit of his cotenants.

Effect of failure of application for mining patent to prove citizenship. Cited in Sherlock v. Leighton, 9 Wyo. 309, 63 Pac. 580, holding failure of defendant in adverse suit as to mining claim to prove citizenship does not authorize judgment in adversary's favor.

50 L. R. A. 191, FITTERER v. CRAWFORD, 157 Mo. 51, 57 S. W. 532. What constitutes purely public charity.

Cited in Farmers & M. Bank v. Robinson, 96 Mo. App. 392, 70 S. W. 372, holling gift for perpetual support of Christian minister for church, charitable.

1220 L. R. A. CASES AS AUTHORITIES.

[50 L. R. A. Cited in footnote to Gray Street Infirmary v. Louisville, 55 L. R. A. 270, which denies exemption of infirmary maintained by proprietors of medical college. Effect on exemption from taxation of using property for revenue.

Cited in Adelphia Lodge No. 38, K. of P. v. Crawford, 157 Mo. 358, 57 S. W. 1020, holding property of lodge of Knights of Pythias, used by other lodges as tenants, not exempt from taxation.

Cited in footnotes to Protestant Episcopal Church v. Prioleau, 57 L. R. A. 606, which holds exempt, church parsonage rented, the rent being used to procure other residence for parson; Young Men's Christian Asso. v. Douglas County, 52 L. R. A. 123, which denies exemption to part of Y. M. C. A. building rented for business purposes.

50 L. R. A. 195, STATE v. BEE PUB. CO. 60 Neb. 282, 83 Am. St. Rep. 531, 83 N. W. 204.

Followed without special discussion in contempt proceedings against editor-inchief, in State v. Rosewater, 60 Neb. 439, 83 N. W. 353.

50 L. R. A. 199, SEBECK v. PLATTDEUTSCHE VOLKSFEST VEREIN, 64 N. J. L. 624, 81 Am. St. Rep. 512, 46 Atl. 631.

Liability for injury to frequenter of public resort.

Cited in Thornton v. Maine State Agri. Soc. 97 Me. 114, 94 Am. St. Rep. 488, 53 Atl. 979, holding agricultural association holding fair liable for injury to one within approach to grounds, from stray bullet fired in shooting gallery therein; Texas State Fair v. Marti, 30 Tex. Civ. App. 134, 69 S. W. 432, holding State Fair Association bound to use ordinary care to see that seats erected by exhibitor are reasonably safe; Texas State Fair v. Brittain, 56 C. C. A. 502, 118 Fed. 716, holding State Fair Association, advertising exhibition by independent exhibitor, liable for injury resulting from negligence of exhibitor in constructing seats.

Cited in footnote to Mastad v. Swedish Brethren, 53 L. R. A. 803, which holds proprietor of place of amusement required to use reasonable care to protect other patrons from assaults by one rendered disorderly by liquor sold.

Liability for independent contractor's negligence.

Cited in footnotes to Boomer v. Wilbur, 53 L. R. A. 172, which denies owner's liability for injury by fall of bricks through negligence of independent contractor repairing chimney; Peerless Mfg. Co. v. Bagley, 53 L. R. A. 285, which holds landlord liable for independent contractor's negligence in putting in automatic fire extinguisher; Hoff v. Shockley, 64 L. R. A. 538, which holds property owner not liable for injuries to traveler by obstructions placed in street without danger signals by independent contractor for construction of building.

50 L. R. A. 201, NEW YORK, N. H. & H. R. CO. v. BAKER, 39 C. C. A. 237, 98 Fed. 694.

Nonliability for acts of governmental authority.

Cited in Farmers' Loan & T. Co. v. Northern P. R. Co. 112 Fed. 830, denying carrier's liability for delay in transporting goods detained by collector of port as contraband of war; Lewis v. New York & H. R. Co. 162 N. Y. 227. 56 N. E. 540, denying railroad's liability to abutter for damages from construction by state, of viaduct in street, accruing before railroad company's use of same.

50 L. R. A. 204, SEARS v. GRAND LODGE, A. O. U. W. 163 N. Y. 374, 57 N. E. 618.

Merits of claim as affecting right to enforce settlement.

Cited in Kine v. Farrell, 71 App. Div. 221, 75 N. Y. Supp. 542, holding that merits of claim will not be considered in enforcing rights voluntarily given in settlement.

50 L. R. A. 206, LEFROIS v. MONROE COUNTY, 162 N. Y. 563, 57 N. E. 185.. Municipal liability for acts done in governmental capacity.

Cited in Hall v. Oyster Bay, 61 App. Div. 512, 70 N. Y. Supp. 710, denying town's liability to its tenant for occupying grounds with public bridge; Brown. v. New York, 32 Misc. 573, 66 N. Y. Supp. 382, denying city's liability to pupil injured through defect in school building.

Municipal liability for discharge of sewage.

Cited in footnote to Pearce v. Gibson County, 55 L. R. A. 477, which denies right of county to discharge water closets of courthouse on adjoining owner's land.

50 L. R. A. 209, CALHOUN GOLD MIN. CO. v. AJAX GOLD MIN. CO. 27 Colo. I, 83 Am. St. Rep. 17, 59 Pac. 607.

Affirmed in 182 U. S. 499, 45 L. ed. 1200, 21 Sup. Ct. Rep. 885.

Right to follow dip beyond surface lines of location.

Cited in note (53 L. R. A. 501).on right to follow vein or lode on dip beyond surface lines of location.

Rights under tunnel-site location.

Cited in note (53 L. R. A. 794) on rights under tunnel-site location.

Lode claims.

Cited in Clipper Min. Co. v. Eli Min. & Land Co. 29 Colo. 385, 64 L. R. A. 211, 93 Am. St. Rep. 89, 68 Pac. 286, holding lode claim not previously discovered cannot be located within boundaries of placer claim.

Rights in veins.

Cited in footnote to St. Louis Min. & Mill. Co. v. Montana Min. Co. 56 L. R. A.. 725, which holds secondary vein crossing common side line at angle with apex. partly in each claim, exclusively within older claim.

Stare decisis.

Cited in Colorado Seminary v. Arapahoe County, 30 Colo. 509, 71 Pac. 410, holding maxim stare decisis not absolute bar to re-examination of questions previously decided.

50 L. R. A. 224, AGUA PURA CO. v. LAS VEGAS, 10 N. M. 6, 60 Pac. 208.

50 L. R. A. 235, ANDERSON v. PORTLAND FLOURING MILLS CO. 37 Or. 483, 82 Am. St. Rep. 771, 60 Pac. 839.

Negotiability of warehouse receipts.

Cited in Adamson v. Frazier, 40 Or. 276, 66 Pac. 810, holding that indorsement of warehouse receipt effects transfer of property.