155. MUNICIPAL CORPORATIONS-Sewer Assessments. -Objections to sewer assessment, based on matters which arose before confirmation, held too late on ap. plication for judgment.-Vandersyde v. People, Ill., 62 N. E. Rep. 806. 156. MUNICIPAL CORPORATIONS - Term of Office.Town treasurer "appointed" by the borough council held "elected" to that office, within the meaning of the act of 1897, and to hold office for three years.-Reid v. Gorsuch, N. J., 51 Atl. Rep. 457. 157. NEGLIGENCE Admissibility of Evidence.Where a pedestrian is injured by falling through a de fective covering in a sidewalk, evidence that it was repaired before, and not 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 connecting carrier, in the absence of any contract to that effect.-Hartley v. St. Louis, K. & N. W. R. Co. Iowa, 89 N. W. Rep. 88. 159. NEGLIGENCE- Question for Jury.-Where a horse was frightened by defendant's approaching 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 filing therein an affidavit of his cause of action, the plaintiff was not entitled to judgment, where there had been no action brought when the affidavit was filled.-Miller v. Hart, Del., 51 Atl. Rep. 603. 161. PLEADING-Answer After Demurrer Overruled. -Objection to a petition in mandamus to compel the is. suing of a license to lay a railroad track in a city street, In that it failed to show on its face compliance with 1 Starr & C. (2d Ed.) 712, may be raised on error, although answer was filed after demurrer for the same objection was overruled.-McGann v. 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 statement that some of the injuries were permanent, held to entitle defendant to a bill of particulars as to what injuries were claimed to be permanent.-Cavanaugh v. Metropolitan St. Ry. Co., 74 N. Y. Supp. 1107. 163. PLEADING Counterclaim.-Failure to require defendant, in an action for the price of machinery, to furnish a bill of particulars of damages claimed by its counterclaim, held error.-Mussinan v. Wilner 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 material issues, 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, exceeds his authority in submitting to arbitration all the differences between the agent and another, he becomes personally liable for the award.-Macdonald v. Bond, Ill., 62 N. E. Rep. 881. 166. PRINCIPAL AND AGENT-Bank Cashier.-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 bark.-Campbell v. Manufacturers' Nat. Bank, N. J., 51 Atl. Rep. 497. 167. PRINCIPAL AND AGENT- Defenses. It is no defense to one extorting money from another that he acted as agent and paid over the money to his princi. pal.-Becchino 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 charter of the N. Y., P. & B. Railroad Company, an allegation in the declaration that such company had accepted the benefits 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 child would not necessarily preclude a recovery.Cox v. New York Cent. & H. R. R. Co., 74 N. Y. Supp. 1011. 170. RAILROADS-Defective Bridge.-The failure of a town to give a railroad company the notice re. quired by Pub. Acts 1893, ch. 244, held not to absolve the company from liability for injuries sustained through a defective bridge over its tracks.-Martin v. Sherwood, Conn., 51 Atl. Rep. 526. 171. RAILROADS Eminent Domain.-A reorganized railroad corporation cannot change completed route limited by charter of original company, unless such power is conferred by some subsequent statute.-Erie R. Co. v. Steward, N. Y., 63 N. E. Rep. 118. 172. RAILROADS-Injury to Licensee.-Plaintiff, pass. ing over tracks between freight cars, cannot complain that no signal other than the customary one was given before closing the train.-Furey v. New York Cent. & H. R. R. Co., N. J., 51 Atl. Rep. 505. 173. RAILROADS-Instruction.-In an action against a railroad company for personal injury, an instruction that plaintiff must "prove by more and better evidence than 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. RAILROADS-Instructions.-Where the evidence tended to show that the accident was caused either by the negligence of a brakeman 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.-Chicago & E. I. R. Co. v. Filler, Ill., 62 N. E. Rep. 919. 175. RAILROADS Negligence.-Where a person is injured on a railroad track by the negligence of a lessee of the owner of the road, such negligence is imputable to such owner.- Chicago & W. I. R. Co. v. Doan, Ill., 62 N. E. Rep. 826. 176. RAILROADS-Negligence.-Where a railroad com. pany has 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 indica. tive of safety.-Dolph v. New York, N. H. & H. R. Co., Conn., 51 Atl. Rep. 525. 177. RELIGIOUS SOCIETY-Right of Members.-Where a church is held by a religious 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 trust. -Canadian Religious Assn. v. Parmenter, Mass., 62 N. E. Rep. 740. 178. REPLEVIN-Claims by Third Persons.-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 RAILROADS-Instructions. In an action for injuries against a street railroad company, an instruction telling the jury that if they believed defend ant guilty, etc., they "should" find for plaintiff, held not erroneous as being in the nature of a command. Central Ry. Co. v. Bannister, Ill., 62 N. E. Rep. 861. 181, STREET RAILROADS - Negligence. Complaint against street railway 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 State.-In an action on a note given in Kentucky on Sunday, where the statute of Kentucky is shown to be the same as that of the state which holds such a state unenforceable, judg ment should be rendered for defendant.-Howe v. Bal lard, Wis., 89 N. W. Rep. 136. 183. TAXATION-Interstate Commerce.-Laws 1897, ch. 160, providing for a tax on the property of corpora tions 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., Minn., 89 N. W. Rep. 66. 184. TAXATION-Notice.-A purchaser or mortgagee of land in the state prior the 1st day of February in any year cannot be a purchaser or mortgagee in good faith as against taxes levied thereon in the preceding year, or as against taxes thereafter levied.-Robinson v. Hullck, N. J., 51 Atl. Rep. 493. 186. TELEGRAPHS AND TELEPHONES-Failure to Trans. mit Message.-Where 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 against the company for mental anguish.Western Union Tel. Co. v. Adams, Ind., 63 N. E. Rep. 125. 187. TENANT-Agent's Implied Authority. The ten ant of a store held bound by acts of his business man. ager inconsistent with a surrender of the premises at the end of a monthly term, which he had previously a tempted to make in the tenant's behalf.-Byxbee v. Blake, Conn., 51 Atl. Rep. 535. 158. TRADE-MARKS AND TRADE NAMES-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., 51 Atl. Rep 586. 189. TRIAL-Conceded Facts.-Where there is a con. ceded fact which shows that the evidence on one side cannot be true, the court may direct a verdict.-Baumann v. Hamburg-American Packet Co., N. J., 51 Atl. .Rep. 461. 190. TRIAL-Damages.-Under 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, Conn., 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 Atl. 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 introduction.-Hutton v. Doxsee, Iowa, 89 N. W. Rep. 79. 193. TRIAL-Jury Do ket.-In an action against a railway company for personal injuries, where defend. ant answers by way of a general denial and also alleges that a town is primarily liable, and such town appears and demurs to such answer, which demurrer is sustained, it is not error to refuse to strike the case from jury, though not placed there by plaintiff till af. ter the decision on the demurrer.-Martin v. Sher." wood, Conn., 51 Atl. Rep. 526. 194. TROVER AND CONVERSION-Instructions.-In au action by a sheriff to recover the value of goods taken from him after levy, held not error to refuse instruc tions which are unsupported by any evidence.-Ben. net v. Gilbert, Ill., 62 N. E. Rep. 847. 195. TRUSTS-Action by Heirs.-Heirs at law cannot attack a testamentary trust which is not inherently impossible, on the ground of impossibility, until after a fair trial of the experiment.-Appeal of Eliot, Conu. 51 Atl. Rep. 558. 196. TRUSTS-Rights of Beneficiaries.-Where a testa mentary trustee used trust funds, together with her 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 fund, or claim the real estate as owners, subject to a charge for the trustee's money so used.-Bohle v. Hasselbroch, N. J., 51 Atl. Rep. 508. 197. TRUSTS-Statute of Frauds.- Bill held demur. rable, because alleging the existence of an express trust, without any allegation that the trust agreement was in writing.-Monson v. Hutchin, Ill., 62 N. E. Rep. 788. 198. VENDOR AND PURCHASER- 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 purchased 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 Laws 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 author ze bringing an action against a riparian owner for diverting water from the stream. - Elgin Hydraulic Co. v. City of Elgin, Ill., 62 . E. Rep. 929. 200. WILLS-Alteration. That wrong name of executor was inserted in will held not to render the rest of the will invalid.-Wombacher v. Parthelme, Ill., 62 N. E. Rep. 800. 201. WILLS-Beneficiary.-That the relations of tes tatrix with the beneficiary were meretricious would not invalidate the will.-In re Wilford's Will, N. J., 51 Atl. Rep. 501. 202. WILLS - Burden of Proof.- On the contest of the probate of a will, a charge that proponent must prove that the instrument was legally executed, acknowledged, and witnessed as a will held error. Webster v. Yorty, Ill., 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 chil dren;" they not having children at testator's death. -Davis v. Ripley, Ill., 62 N. E. Rep. 852. Under 204. WILLS Jurisdiction Circuit Court. Hurd's Rev. St. 1899, p. 1749, a party claiming to be a legatee, though not named in the will, held to have the right to appeal from an order disallowing probate and there by confer jurisdiction upon the circuit court, so that its decree allowing the will cannot be at tacked 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 WILLS-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 not prove that the will was mutulated by the person so abstracting or returning it, was erroneous, as invading the province of the jury.-Webster v. Yorty, Ill., 62 N. E. Rep. 907. 206. WITNESSES-Slander.-In an action for slander, held not error to sustain an objection to a question asked plaintiff in reference to a pending action for divorce between herself and her husband.-Bedtkey v. Bedtkey, S. Dak., 69 N. W. Rep. 479. INDEX-DIGEST 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- St. Louis bribery investigation, 301. the right of a carrier to grant exclusive right of its right to relieve in equity against ticket "scalpers" the law as to who constitutes passengers, 86. what law governs stipulations for exemption from See SHIPS AND SHIPPING. when a chattel mortgage of animals will cover conflict of laws as to the sale of live stock in one CHECKS, revocation of check by death of drawer, 441. validity of city ordinance prohibiting public power of state to regulate shipments within the COMPROMISE, when the payment of part of a liquidated demand CONFLICT OF LAWS, what law governs contract by carriers limiting enforcement of contract valid where made but conflict of laws as to the sale of live stock in one CONSPIRACY, result of civil action for conspiracy resulting in what acts constitute conspiracy involving civil essentials of the action of conspiracy, 251. constitutionality of statutes making the venue of the constitutionality of constitutions, 94. validity of constitutional penalty against selling taxation of goods exported from the United States compulsory education as an unauthorized inva- increase in salary of state officer during term of power of state to control and abridge the right of a the granting of an injunction to enforce the per- right of the legislature to make specifications in power of legislature to give conclusiveness to cer- CONTEMPT, right of attorney to counsel disobedience of order right of legislature to abridge the power of courts CONTRACTS, presumption against implied contract for services enforcement of contract valid where made but the right of a state to prohibit contracts for future the right of a state to invalidate the making of CONTRACTS-CONTINUED. mutuality is a requisite to a valid contract, 446. COPYRIGHT, right to forcibly seize reprints of copyrighted CORPORATIONS, power of state to control and abridge the right of citizenship of corporations as affected by their effect of the consolidation of corporations of dif- COURTS, provision for an Illinois juvenile court, 111. a needed reform in the Illinois judiciary, 412. effect of the consolidation of corporations of dif rights of covenantee upon breach of warranty CRIMINAL LAW. constitutionality of statutes making the venue of unfair means and arguments used by prosecuting right to a rehearing in criminal cases, 424. trade customs as to weights and measures, 21. taxation of goods exported from the United into prohibiting the manufacture of oleomargarine, validity of state statute restricting manufacture validity of statutes prohibiting or regulating the construction of a promise to answer for the debt of the promise to indemnify another for becoming FRAUDULENT CONVEYANCES, effect of notice of fraudulent intent upon purchaser whether garnishment can be defeated by advanc- GAS AND GAS COMPANIES, right of eminent domain in gas companies, 325. the origin and usefulness of the grand jury, 211. right of boards of health to make vaccination com. prohibiting the manufacture of oleomargarine, 341. validity of statutes prohibiting or regulating the HIGHWAYS, evidence of the unsoundness of the front-foot as- duty of municipal corporations to support land HOMICIDE, uncontrollable impulse as a defense to an indict- HUSBAND AND WIFE, statutory powers of married women as to realty, 66. |