155. MONICIPAL CORPORATIONS-Sewer Assessments. -Objections to sewer assessment, based on matters #bich arose before confirmation, held too late on ap. plication for judgment.-Vandersyde v. People, Ill., 62 N. E. Rep. 806. 166. MUNICIPAL CORPORATIONS Term of Office.Towo treasurer "appointed" by the borough council held “elected" to that office, within the meaning of the act of 1897, and to bold office for three years.--Reid Gorsuch, N. J., 51 Atl. Rep. 457. 157. NEGLIGENCE Admissibility of Evidence.Wbere a pedestrian is irjured by falling through a de. fective covering in a sidewalk, evidence that it was repaired before, and pot after, the accident, is admis. sible.-Sturmwald v. Schreiber, 74 N. Y. Supp. 995. 158. NEGLIGENCE - Connecting Carriers.-At common law a common carrier is not liable for the negligence of a coopecting carrier, in the absence of any contract to tbat effect.-Hartley v. St. Louis, K. & N. W. R. CO. Iowa, 89 N. W. Rep. 88. 159. NEGLIGENCE-Question for Jury.- Where & horse was frightened by defendant's approacbing automo bile, causing injury to plaintiff, defendant's negli. gence was for the jury.-Knight v. Lanier, 74 N. Y. Supp. 999. 160. PLEADING Affidavits of Demand.-Under the statute providing that in any action in the superior court the plaintiff may obtain judgment on fling therein an affidavit of his cause of action, the plaintiff was pot entitled to judgment, where there had been no action brought when the affidavit was Aled.-Miller v. Hart, Del., 51 Atl. Rep. 603. 161. PLEADING-Answer After Demurrer Overruled. -Objection to a petition ip mandamus to compel the 18. suing of a license to lay a rallroad track in a city street, in that it failed to show on its face compliance with 1 Starr & C. (20 Ed.) 712, may be raised on error, although answer was filed alter demurrer for the same objection was overruled.-McGaony. People, Ill., 62 N. E. Rep. 941. 162. PLEADING-Bill of Particulars.-Complaint in an action for injuries, though complete upon the subject of injuries, but concluding with a stateinent that some of tbe injuries were permanent, held to entitle defend. apt to a bill of particulars as to what Ipjuries were claimed to be permanent.-Cavapaugu v. Metropolitan St. Ry. Co., 74 N. Y. Supp. 1107. 163. PLEADING Counterclaim.-Failure to require defendant, in an action for the price of macbinery, to furnish a bill of particulars of damages claimed by its counterclaim, beld error.-Mussinan v. Wilder Wood Co., 74 N. Y. Supp. 1026. 164. PLEADING-Opinions.-Where the opinions of a pleader consist of conclusions as to material points, reasonably following from certain premises, either proved or subject to proof, they become inaterial is. sues, and are admitted by a demurrer.-Appeal of Ellot, Conn., 51 Atl. Rep. 558. 165. PRINCIPAL AND AGENT Authority of Agent.Where an agent, only authorized to submit to arbitra. tion differences concerning Insurance policies, ex. ceeds his authority in submitting to arbitration all the differences between the agent and another, be becomes personally liable for the award.-Macdonald v. Bond, III., 62 N. E. Rep. 881. 166. PRINCIPAL AND AGENT-Bank Casbier.- A person cannot deal with a cashier of a bank as an individual in securing a draft, and thereafter claim that it was a transaction with the bank.-Campbell V. Manulacturers' Nat. Bank, N. J., 51 Atl. Rep. 497. 167. PRINCIPAL AND AGENT - Defenses.-It is no de. lense to one extorting money from another that he acted as ageot and paid over the money to bls princi. pal.-Bocchino v. Cook, N. J.,51 Atl. Rep. 487. 168. RAILROADS -Charter Amendment.-In an action under section 2 of Act June 23, 1836, amending the char. ter oltbe N. Y., P. & B. Railroad Company, an allegation in the declaration that such company bad accepted the beneits conferred by section 10 of such amend. ment held a sufficient allegation of the company's ac. septance of such amendment.-Macdonald V. New York, N. H. & H. R. Co., R. I., 51 Atl. Rep. 578. 169. RAILROADS Contributory Negligence.-In an action against a railroad company for the killing of a 14 year old child at a public crossing, it was error to in. struct that contributory negligence on part of the cbild would not necessarily preclude a recovery.Cox v. New York Cent. & H. R. R. Co., 74 N. Y. Supp. 1011. 170. RAILROAD8-Delective Bridge.-The failure of a town to give a rallroad company the notice re: quired by Pub. Acts 1893, ch. 244, held not to absolve the company from liability for injuries sustained through a detective bridge over its tracks.-Martin v. Sherwood, Conn.,51 Atl. Rep. 526. 171. RAILROADS - Eminent Domain.-A reorganized rallroad corporation cannot change completed route limited by charter of original coinpany, unless such power is conferred by some subsequent statuto.-Erie R. Co. v. Steward, N. Y., 63 N. E. Rep. 118. 172. RAILROAD8-Injury to Licensee.-Plalotiff, pasg. ing over tracks between freight cars, cappot complain that no signal other than the customary one was given before closing the train.-Farey v. New York Cent. & H. R. R. Co., N. J., 51 Atl. Rep. 505. 173. RAILROAD8-Instruction.-In an action against a railroad company for personal Injury, an instruction that plaintiff must "prove by more and better evidence tban defendant that he was, when injured, doing all that a reasonably cautious man would be under the circumstances to protect himself from injury," was properly refused.-Chicago, B. & Q. R. Co. v. Pollock, Ill., 62 N. E. Rep. 831. 174. RAILROAD8-Instructions.-Where the evidence tended to show that the accident was caused either by the negligence of a brakeinan alone or in conjunction with that of the engineer, an instruction limiting plaintiff's right of recovery to the negligence of the engineer was properly refused.-Obicago & E. I. R. Co. v. Filler, Ill., 62 N. E. Rep. 919. 175. RAILROADS - Negligence.- Where a person is in. jured on a railroad track by the negligence of a lessen of the owner of the road, such negligence is imputable to sucb owner.- Chicago & W. I. R. Co. v. Doan, Ill., 62 N. E. Rep. 826. 176. RAILROAD8-Negligence.- Where a rallroad com. pany bas voluntarily maintained a flagman at a grade crossing for five years, one knowing that fact has the right to rely on the absence of the flagman as indicative of safety.-Dolph v. New York, N. H. & H. R. Co., Coon., 51 Atl. Rep. 525. 177. RELIGIOUS SOCIETY-Right of Member8.-Where a church is held by a roligious society in trust for its members, a majority of its members cannot close the church against the wishes of a minority desirous of worshiping there according to the terms of such crust. -Canadiun Religious A380. V. Parmenter, Mass., 62 N. E. Rep. 740. 178. REPLEVIN-Claims by Third Person8.-Code Civ., Proc. $ 1709, does not prevent third persons from bringing replevin to recover property seized on re. plevin.-Pracht v. Gunn, 74 N. Y. Supp. 991. 179. SALES-Meritorious Defense.- Where an order for machinery is subject to approval and acceptance by the seller, and is never approved, a claim for dam. ages for failure to send it is without foundation.-Port Huron Engine & Thresher Co. v. Clements, Wis., 89 N. W. Rep. 160. 180. STREET RAILROAD8-Instructions. - In an action for injuries against a street railroad company, an in. struction telling the jury that if they believed derend: ant guilty, etc., they "should" flod lor plaintiff, held pot arroneous as belog in the nature of a command.Central Ry, Co. v. Bannister, Ill., 62 N. E. Rep. 861. . 181, STBEET RAILROADS - Negligence. Complaint against street rallway for negligent disposition of snow held to charge breach of common-law duty, as well as violation of ordinance.-Gerrard v. La Crosse City Ry. Co., Wis., 89 N. W. Rep. 125. 182. SUNDAY-Laws of Another Stato.-In an action on a poto given in Kentucky on Sunday, where the statute ol Kentucky is shown to be the same as that of the stato which bolds such a state unenforceable, judg. ment should be rendered for defendant.-Howev. Bal lard, Wis., 89 N. W. Rep. 136. 183. TAXATION-Ioterstate Commerce.-Laws 1897, ch. 160, providing for a tax on the property of corpora tlons engaged in Interstate commerce, held a property tax, which it is not beyond the power of the state to require.-State v. Canada Cattle Car Co., Mion., 89 N. W. Rep. 66. 184. TAXATION-Notice.-A purchaser or mortgages of land in the state prior the 1st day of February in any year cannot be a purchaser or mortgagee in good falth as against taxes levied thereon in the preceding year, or as agalnst taxes thereafter levied.-Robinson v. Hullck, N. J., 51 Atl. Rep. 493. 185. TAXATION Powers of County Board. - The county board of equalization has no autbority to make an original assessment for taxation, but its duties are conined to the equalization of assessments made by the townsblp and other local assessors. - State v. Crookston Lumber Co., Mion., 89 N. W. Rep. 173. 186. TELEGRAPHS AND TELEPHONE8-Fallure to Traps. mit Message.-Wbere no pecuniary or bodily injury is suffered by reason of the failure of a telegraph com. pany to deliver a death message, the recipient cannot recover agalost the company for mental apgulsh.Western Valon Tel. Co. V. Adams, lad., 63 N. E. Rep. 125. 187. TENANT-Agent's Implied Authority.- The ten. ant of a store beld bound by acts of his business man. ager inconsistent with a surrender of the premises at tbe end of a monthly term, which he had previously attempted to make in the tenant's beball.-Byxbee v. Blake, Conn.,51 Atl. Rep. 535. 168. TRADE-MARKS AND TRADE-NAMEA-Use of Name. -A license to use indefinitely the name of an insolvent firm, then of no commercial value, but made so by the licensee in continuing the business held irrevocable. -Harris v. Brown, Pa., 31 Atl. Rep 586. 189. TRIAL-Conceded Facts.-Where there is a con. coded lact which shows that the evidence on one side capnot be true, the court may direct a verdict.-Bau mand v. Hamburg.American Packet Co., N. J., 51 Atl. Rep. 461. 190. TRIAL-Damages.-Undor Gen. st. § 1104, the court, in an action for death by wrongful act, held au. thorized to require the jury to reconsider the amount of damages sustained by plaintiff.-Black v. Griggs, Coop., 51 Atl. Rep. 523. 191. TRIAL-Evidence.-Evidence offered in one case cannot be considered in another in which it was not offered.-Gribbel v. Brown, Pa., 51 All. Rep. 587. 192. TRIAL- EVIDENCE.- A party cannot raise the question of the admissibility of evidence by a motion to strike out the testimony, but must object to its in. troduction.-Huttov v. Doxsee, Iowa, 89 N. W. Rep. 79. 193. TRIAL-Jury Do ket.-In an action against a railway company for personul injuries, wbere defend. ant answers by way of a general denial and also al. leges that a town is primarily liable, and such town appears and demure to such answer, which demurrer is sustained, it is not error to refuse to strike the case from jury, though vot placed there by plaintiff ell al. ter the decision on the domurrer:-Martio V. Sher. wood, Conn.,61 Atl. Rep. 626. 194. TROVER AND CONVERSION - Iustruotions.-10 au action by a sherlů to recover the value of goods taken Irow bim after levy, beld vot error to refuse instruc tions which are unsupported by any evidence.-Bennet v. Gilbert, Ill., 62 N. E. Rep. 847. 195. T'BU8T8-Action by Heirg.-Heirs at law cannot attack a testamentary trust which is not inberently impossible, on the ground of impossibility, until after a fair trial of the experiment.-Appeal of Eliot, CoDO. 51 Atl. Rep. 558. 196. TRU8T8-Rights of Beneficiaries.-Wbere a testa mentary trustee used trust funds, together with ber own, to buy realty, and took title in her own name, the beneficiaries held entitled to elect whether to claim a charge on the real estate for the amount of the food, or claim the real estate as owners, subject to a charge for the trustee's money so used.-Bohle v. Hasselbroch, N. J., 51 All. Rep. 508. 197. TRUS'8-Statute of Frauds.- Bill beld demur. rable, because alleging the existence of an express trust, without any allegation that the trust agree. ment was in writing.-Monson v. Hutchin, Ill., 62 N. E. Rep. 788. 198. VENDOB AND PORCHASER- Easement. - Where defendant was in the open and notorious possession of a strip of land as a road, connecting two farms owned by him, at the time plaintiff purcbased the farm which the road crossed, plaintiff was bound with notice of defendant's rights, though the instru. ment under which he claimed was not recorded.Ashelford v. Willis, Ill., 62 N. E. Rep. 817. 199. WATERS AND WATER COURSES - Ejusdem Generis.The words to "generally to do other acts," etc., in 2 Law8 1867, p. 89, in defining the powers of the directors of a water power, held to be ejusdem generis with the enumerated powers, and not to auihur zu bringing an action against a riparian owner for diverting water from the stream. - Elgin Hydraulic Co. 7. City of Elgin, Ill., 62 N. E. Rep. 929. 200. WILLS-Alteration. - That wrong name of ex. ecutor was inserted in will held not to render the rest of the will invalid.-Wombacher v. Parthelme, III., 62 N. E. Rep. 800. 201. WILLE-Beneficiary.-That tbe relations of tes. tatrix with the beneficiary were meretricious would not invalidate ibe will.-In re Willord's Will, N. J., 51 Atl. Rep. 601. 202. WILLS - Burden of Proof.- On the contest of the probate of a will, a charge that proponent must prove that tbe instrument was legally executed, acknowledged, and witnessed as a will held error. Webster v. Yorty, III., 62 N. E. Rep. 907. 203. WILLS-Devise of Fee.- A fee held given A and S by will giving property to them "and their cbil. dren;" they not baving children at testator's death. -Davis v. Ripley, Ill., 62 N. E. Rep. 852. 204. WILLS Jurisdiction Circuit Court. – Under Hurd's Rev. St. 1899, p. 1749, a party claiming to be a legatee, though not named in the will, held to bave the right to appeal from an order disallowing probate and there by copfer jur sdiction upon the circuit court, so that its decree allowing tbe will cappot be altacked in a collateral proceeding on the ground that the appellant was not in fact interested in the will.James White Memorial Home v. Price, Ill., 62 N. E. Rep. 872. 205 WILL8-Question of Fact.-Where a will, when received from an express company was found to have been mutulated, a charge that the evidence that the package containing the will was abstracted from the company's safe in the evening, and restored the next morning after having been opened and resealed, did pot prove that the will was mutulated by the person 80 abstractiog or returning it, was erroneous, as invading the province of the jury.-Webster v. Yorty. Ill., 62 N. E. Rep. 907. 206. WITNE88E8-81ander.-In av action for blander, beld pot error to sustalo an objection to a question asked plalotit lo reference to a pending action for divorce between herself and ber busband.- Bedikey P. Bedtkey, 8. Dak., 69 N. W. Rep. 479. TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEAD- AND CORRESPONDENCE IN VOLUME 54. A separate subject-index for the “Digest of Current Opinions” will be found on page 508, follow- ACCORD AND SATISFACTION, when the payment of part of a liquidated demand 85. rights and duties of adjoining landowners, 483. capricious excavation, 484. * as to land on streets, 487. TBATORS. settlement of estates of deceased persons, 121. owners, 41. for divorce, 85. ternational law, 121, the naturalization laws, 421. shooting live pigeons for sport as cruelty to ani. mals, 82. their natural increase, 170. distinction between cases at law and in equity as the practice of reviewing the facts, 342. prolixity in the preparation of briefs, 433. where vessels are not completed nor commig. ATTORNEY AND CLIENT, believe to be guilty, 221. proceedings, 367. attorney's fees in particular actions, 370. right of female to gain admission to the bar, 462. to their negligence, 482. suggested amendments to the bankrupt law, 41. commonwealth for a misdemeanor, 203. uled, 321. bill of lading conclusive, 488. the law as to boycotts, 252. St. Louis bribery investigation, 301. the right of a carrier to grant exclusive right of its premises to a single owner of public vehicles, 29. right to relieve in equity against ticket "scalperg" by railroad who are in an unlawful combination to fix the rates, 61. ger, 103. llability for negligence, 149, 151. when a chattel mortgage of animals will cover their natural increase, 170. state held under chattel mortgage in another, 1 revocation of check by death of drawer, 441. validity of city ordinance prohibiting public speaking on the public streets, 403. power of state to regulate shipments within the state where ultimate destination is beyond its boundaries, 181. when the payment of part of a liquidated demand constitutes a satisfaction thereof where debtor paid, 30. what law governs contract by carriers limiting their common-law liability, 151. contrary to the public policy of the state of the forum, 223. state held under chattel mortgage in another, 443 result of civil action for conspiracy resulting in discharge of an employee, 162. liability, 251. what acts constitute conspiracy, 252. constitutionality of statutes making the venue of crime in any other county than that in which it is committed, 63. note failing to state on its face that it was given for a patent right, 123, shares of stock on margin, 133. into Porto Rico, 141. sion of the rights of parent, 142. office, 282. corporation under the reserve power, 312. weight of all coal mined, 809. house as an infringement of personal liberty, 361. attorney's fees in particular actions, 370. speaking on the streets, 403. formance of a contract for personal services as enforcing a voluntary servitude, 454. a bill of lading conclusive, 488. tain forms of evidence, 490. right of attorney to counsel disobedience of order of court, 183. to punish for contempt, 221. presumption against implied contract for services in family, 102. contrary to the public policy of the state of the forum, 223. delivery, 230. option contracts, 232. CONTRACTS-CONTINUED. mutuality is a requisite to a valid contract, 446. personal services, 446. right to forcibly seize reprints of copyrighted music in the hands of peddlers, 433. a corporation under the reserve power, 312. transactions of the corporation prior or subse. quent to their becoming stockholders, 381. cause of fraud, 423. consolidation, 468. ferent states upon the question of the citizen- of lederal jurisdiction, 470. provision for an Illinois juvenile court, 111. railroad merger case, 802. consolidation, 468. ferent states upon the question of the citizen. water by one to the injury of the other, 483. against incumbrances, 463. constitutionality of statutes making the venue of is committed, 63. attorney, 82. punishable by the laws of the state, 462. sions from suspected criminals, 181. trade customs as to weights and measures, 21. Porto Rico, 141. aggravation of injuries by subsequent neglect and which might have been prevented, 64. ties, 183. ages, 242. DEAD BODIES, right of property in mummies, 203. right to imprison for debt in cases of non-payment of alimony, 222. settlement of estates of deceased persons, 121. tor's will, 313. against incumbrances, 463. DEPOSITIONS, deposition of his own witness, 84. privilege to enter depot, 27. premises to a single owner of public vehicles, 29. whether a divorced man may be the head of a lamily, 82. for divorce, 85. of a venereal disease as a ground for divorce or tbe annulment of marriage, 93. 104. ol alimony, 222. legal definition of "drunkenness," 95. names on ballots not printed thereon, 129. vote to candidates on the official ballot, 192. sulated contrary to ordinance, 402. property under the right of emioent domain, 323. proceedinge, 367. by railroads who are in an unlawlul combination to fix tbe rates, 61. of legal ethics, 201. subject of electricity, 302. vorable presumption, 321. be admitted and is effective, 401. sions from suspected criminals, 481. bill of lading conclusive, 489. tain forms of evidence, 490. mals, 170. subrogation in the administration of estates, 47. settlement of estates of deceased persors, 121. tor, 342. ily, 82. liability of seller of explosives failing to give no. tice of dangerous properties, 263. into Porto Rico, 141. EXTRADITION, tradition of fugit.ves from justice, 1. tradition, 393. 394. tion proceedinge, 394. proceelings, 391. consent of agent to removal of stock, 10. of agents by insurance company, 14. prohibiting the manufacture of oleomargarine, 311. and sule ol oleomargarine, 348. Imitation or adulteration of butter or milk, 351. construction of a promise to answer for the debt of another as surety, 207. surety of a tbird person, as within the statute of fraude, 209. effect of notice of fraudulent intent up?n purchaser before the entire purchase price hos been paid 83. ing on the streets, 403. constitutionality of legislation protecting fish in a river by prohibiting the erection of dams, 124. Validity of constitutional penalty against selling shares of stock on margin, 94, 133. livery, 230. tion contracte, 232. whether garnishment can be defeated by advanc. ing salary, 123. right ol eminent domain in gas companies, 325. the origin and usefulness of the grand jury, 211. right of boards of healih to make vaccination com. pulsory, 56. and sale of oleomargarine, 348. imitation or adulteration of butter or milk, 351. house as an infringement of personal liberty, 361. under the police power, 472. evidence of the unsoundness of the front.foot ag. sessment rule, 81. abutting on streets, 487. uncontrollable Impulse as a defense to an indict- ment for murder, 266. statutory powers of married women as to realty, 66. |