tion of peddling law; Com. v. Morgan, 10 Pa. Co. Ct. 292, holding agent within proviso of peddling act excepting sales by manufacturers of their own goods; South Easton v. Moser, 14 Lanc. L. Rev. 238, holding farmer delivering milk in borough not subject to ordinance requiring license fee from peddlers.

Cited in footnotes to Hewson v. Englewood, 21 L. R. A. 736, which holds agent delivering from wagon goods previously ordered, and taking other orders, not a peddler; Emmons v. Lewistown, 8 L. R. A. 328, which holds book canvassers not peddlers; State v. Wells, 48 L. R. A. 99, which holds one soliciting orders for goods, and carrying goods to fill previous sales, not a peddler; Stuart v. Cunningham, 20 L. R. A. 430, which holds one delivering goods previously sold by another not a peddler.

Cited in note (8 L. R. A. 873) as to hawking and peddling.

Distinguished in Com. v. Feinberg, 3 Pa. Dist. R. 362, 13 Pa. Co. Ct. 528, 24 Pittsb. L. J. N. S. 132, holding exemption of manufacturers from penalties for hawking and peddling, extends to their agents.

Right to peddle.

Approved in Titusville v. Brennan, 143 Pa. 646, 14 L. R. A. 101, 3 Inters. Com. Rep. 736, 24 Am. St. Rep. 580, 28 W. N. C. 538, 22 Atl. 893, holding law regulating peddling, valid; Com. v. Deinno, 20 Pa. Co. Ct. 371, sustaining validity of special statute forbidding hawking or peddling of purchased products; Sayre v. Phillips, 30 W. N. C. 197, holding ordinance prohibiting unlicensed peddling, proper police regulation; Brownback v. North Wales (omitted from official report in 194 Pa. 609), 49 L. R. A. 446, footnote, p. 446, 45 Atl. 660, Affirming 10 Pa. Super. Ct. 229, 44 W. N. C. 259, holding ordinance for licensing of persons selling in streets or soliciting orders, not invalid as to residents because discriminating in favor of nonresidents; Sayre v. Phillips, 148 Pa. 488, 16 L. R. A. 50, 33 Am. St. Rep. 842, 24 Atl. 76, holding peddling ordinance which establishes a prohibitory license fee except as to residents, void; Port Clinton v. Shafer, 18 Pa. Co. Ct. 69, 14 Lanc. L. Rev. 29, 5 Pa. Dist. R. 585, denying validity of regulation by borough of occupation prohibited by statute.

Cited in People v. Thomson, 103 Mich. 83, 61 N. W. 345, raising but not deciding questions as to validity of peddling ordinance; Com. ex rel. Adderton v. Gombert, 26 Pa. Co. Ct. 408, holding special statutes relating to hawking and peddling, unrepealed.

Cited in footnote to Rosenbloom v. State, 57 L. R. A. 923, which sustains license tax on peddlers, though vendors of own products exempt; West Easton v. Zuck, 8 Northampton Co. Rep. 119, upholding validity of ordinance providing for license fee for sale of food products; Mt. Carmel v. Fisher, 21 Pa. Super. Ct. 646, upholding validity of ordinance providing for curbstone market on certain days of the week only; Saulsbury v. State, 43 Tex. Crim. Rep. 95, 96 Am. St. Rep. 837, 63 S. W. 568, holding statute requiring peddlers to take out license not a violation of Federal Constitution.

Prohibition of peddling as regulation of commerce.

Approved in Com. v. Dunham, 191 Pa. 74, 44 W. N. C. 101, 43 Atl. 84, Affirming 4 Pa. Super. Ct. 76, holding that legislation regulating hawking and peddling, proper exercise of police power; Emert v. Missouri, 156 U. S. 309, 39 L. ed. 433, 5 Inters. Com. Rep. 76, 15 Sup. Ct. Rep. 367, Affirming State v. Emert, 103 Mo. 250, 11 L. R. A. 221, 3 Inters. Com. Rep. 529, 23 Am. St. Rep. 874, 15 S. W. 81,

holding undiscriminating statute for licensing of peddlers, not regulation of commerce as to goods previously sent by foreign manufacturers; Bloomington v. Bourland, 137 Ili. 537, 3 Inters. Com. Rep. 669, 31 Am. St. Rep. 382, 27 N. E. 692, holding ordinance prohibiting unlicensed soliciting of orders for books by agent of foreign wholesaler, void; People v. Sawyer, 106 Mich. 431, 64 N. W. 333, holding sale by resident from general stock, and not in original package, does not involve interstate commerce; Re Wilson, 8 Mackey, 358, 12 L. R. A. 628, holding license tax on peddlers not necessarily regulation of interstate commerce; State v. Hoffman, 50 Mo. App. 590 ( dissenting opinion), raising without deciding question of regulation of peddling as exercise of police power.

Cited in notes (12 L. R. A. 624) as to power of Congress to regulate interstate commerce; (14 L. R. A. 98), as to peddlers and drummers as related to interstate commerce; (60 L. R. A. 692) as to corporate taxation and the commerce clause.

Distinguished in McLaughlin v. South Bend, 126 Ind. 473, 10 L. R. A. 358, footnote, p. 357, 26 N. E. 185, which holds requirement of peddling license unenforceable against person negotiating for sale of property in other state.

7 L. R. A. 669, CITIZENS' LOAN, FUND & SAV. ASSO. v. FRIEDLEY, 123 Ind. 143, 18 Am. St. Rep. 320, 23 N. E. 1075.

Professional responsibility - Of attorney.

Cited in Kepler v. Jessup, 11 Ind. App. 255, 37 N. E. 655, holding attorney responsible only for ordinary care and skill, with reference to business undertaken; Hill v. Mynatt (Tenn. Ch. App.), 52 L. R. A. 894, 59 S. W. 163, holding attorney not liable to client for determination to proceed in pending state action, instead of abandoning and proceeding in Federal court; Nickless v. Pearson, 126 Ind. 490, 26 N. E. 478, by Coffey, J., dissenting, on point that attorney is liable to client for ignorance or unskilfulness in managing business.

Cited in note (52 L. R. A. $33, 889) on liability of attorney to client for mistake.

Of physician.

Cited in Logan v. Field, 75 Mo. App. 601, holding liability of physicians for professional error governed by same rule as that applying to attorneys. Presumption of knowledge of law.

Cited in State ex rel. Worrell v. Peelle, 124 Ind. 521, 8 L. R. A. 231, 24 N. E. 440, holding that presumption of governor's knowledge of law does not change into appointment to office within his sole power of appointment, a commission reciting an election by legislature.

7 L. R. A. 671, JELLETT v. RHODE, 43 Minn. 166, 45 N. W. 13. Lease; statute of frauds.

Followed in Wickson v. Monarch Cycle Mfg. Co. 128 Cal. 160, 79 Am. St. Rep. 36, 60 Pac. 764, and Engler v. Schneider, 66 Minn. 389, 69 N. W. 139, holding oral contract for lease of land for one year to commence in the future, void.

Cited in Cram v. Thompson, 87 Minn. 174, 91 N. W. 483, holding void agreement to execute lease for one year commencing in futuro, void; Johnson v. Albertson, 51 Minn. 335, 53 N. W. 642, holding oral lease, void under statute of frauds, not evidence of duration of term.

Cited in notes (10 L. R. A. 727) on lease within statute of frauds; (8 L. R. A. 221) on tenancy from year to year; how created.

7 L. R. A. 673, SWANSON v. MISSISSIPPI & R. RIVER BOOM CO. 42 Minn. 532, 44 N. W. 986.

Public nuisance; private right of action.

Cited in Lammers v. Brennan, 46 Minn. 211, 48 N. W. 766, holding action will not lie for damages sustained in performing contract to drive logs down stream, because of obstruction existing before contract was made; Aldrich v. Wetmore, 52 Minn. 169, 53 N. W. 1072, holding action for obstructing street may be maintained by adjacent proprietor, although access to premises not entirely cut off; Lakkie v. Chicago, St. P. M. & O. R. Co. 44 Minn. 440, 46 N. W. 912, holding laying railroad track in street does not give adjacent proprietor right of action for obstructing street, when access to premises not impaired; Webster v. Harris (Tenn.) 59 L. R. A. 330, 69 S. W. 782, holding lake 20 miles long, with no proper channels to make navigation available, not navigable.

Cited in footnote to South Carolina S. B. Co. v. Wilmington, C. & A. R. Co. 33 L. R. A. 541, which denies steamboat owner's right of action for obstructing navigation of river.

Cited in notes (39 L. R. A. 493) on private right of action against boom owner; (13 L. R. A. 828) on enforcement of rights of riparian proprietor in navigable stream in equity; (59 L. R. A. 85, 90) on injury to riparian rights from obstruction to navigable stream.

Overruled in effect in Page v. Mille Lacs Lumber Co. 53 Minn. 498, 55 N. W. 608, holding person suffering special damage from obstruction of navigable stream has right of action, although injury same in kind as that suffered by public.

Right to abate public nuisance.

Cited in footnotes to Griffith v. Holman, 54 L. R. A. 178, which denies private individual's right to abate public nuisance consisting of fence across navigable stream; State v. Stark, 54 L. R. A. 910, which denies right of private person to abate liquor nuisance without process of law.

Relation of state to navigable waters.

Cited in footnote to St. Louis, I. M. & S. R. Co. v. Ramsey, 8 L. R. A. 559, which holds title to land under navigable river in state.

Cited in notes (12 L. R. A. 673) on state sovereignty over inland navigable rivers; (12 L. R. A. 632) on navigable waters as public highways.

Test of navigability of rivers.

Cited in footnote to Heyward v. Farmers' Min. Co. 28 L. R. A. 42, which holds navigable capacity test of navigability.

7 L. R. A. 678, EVANS v. ADAMS EXP. CO. 122 Ind. 362, 23 N. E. 1039. Contributory negligence.

Cited in Cincinnati, I. St. L. & C. R. Co. v. Grames, 8 Ind. App. 136, 34 N. E. 613, holding injured man driving slowly upon track, after listening and looking, with view partly obstructed, exercised care commensurate with danger; Inniana, I. & I. R. Co. v. Bundy, 152 Ind. 597, 53 N. E. 175, holding jury should determine whether brakeman coupling cars assumed risk of uncovered signal wires close to ground and unknown to him; Krenzer v. Pittsburg, C. C. & St.

L. R. Co. 151 Ind. 616, 68 Am. St. Rep. 252, 52 N. E. 220 (dissenting opinion), majority holding that child seven and one half years old, asleep in street on railway track, contributed to his injury; DeLon v. Kokomo City Street R. Co. 22 Ind. App. 380, 53 N. E. 847, holding plaintiff's negligence in crossing track ahead of car proximate cause of injury; Summit Coal Co. v. Shaw, 16 Ind. App. 16, 44 N. E. 676, holding employer's negligence excusing contributory negligence of employee must be committed after knowledge of employee's danger; Louisville & N. R. Co. v. Cronbach, 12 Ind. App. 675, 41 N. E. 15, holding intestate's negligence in walking on track without looking or heeding, contributed to his death; Citizens' Street R. Co. v. Stoddard, 10 Ind. App. 285, 37 N. E. 723, holding sick mother not necessarily at fault in sending small child across street on necessary errand; Indiana Stone Co. v. Stewart, 7 Ind. App. 566, 34 N. E. 1019, holding instruction that contributory negligence would not exonerate defendant is so radically wrong that it cannot be cured by withdrawal; Citizens' Street R. Co v. Spahr, 7 Ind. App. 29, 33 N. E. 446, holding not negligence per se to board a moving car; Levey v. Bigelow, 6 Ind. App. 693, 34 N. E. 128, holding danger in removing ink roller from press was obvious, and employee guilty of contributory negligence; Mann v. Belt R. & Stock Yard Co. 128 Ind. 141, 26 N. E. 819, holding driver of vehicle struck by train approaching from direction in which view unobstructed for quarter of mile, guilty of contributory negligence; Conner v. Citizens' Street R. Co. 146 Ind. 440, 45 N. E. 662, holding instruction not objectionable as asking jury to decide law where negligence had been defined; Citizens Street R. Co. v. Haner, 29 Ind. App. 432, 62 N. E. 658, holding that contributory negligence of child will not defeat recovery, where motorman could have prevented injury after discovery of child's peril.

Cited in footnote to State v. Lauer, 20 L. R. A. 61, which holds it contributory negligence to leave surveyor's transit set up in street.

Cited in notes (17 L. R. A. 125) on contributory negligence of traveler in deviating from usual thoroughfare; (11 L. R. A. 130; 12 L. R. A. 280) on contributory negligence of passenger defeating recovery for injury; (8 L. R. A. 84) on co-operating causes of injury.

Distinguished in Jones v. Swift, 30 Wash. 469, 70 Pac. 1109, holding negligence in knocking barrels and boards into manhole by driving against them not excused because same were not securely fastened.

7 L. R. A. 681, QUILL v. INDIANAPOLIS, 124 Ind. 292, 23 N. E. 788. Notice of hearing on local assessments.

Cited in Charles v. Marion, 100 Fed. 540, holding act which does not provide for notice for hearing to determine actual benefits for local improvements, invalid; Adams v. Shelbyville, 154 Ind. 481, 49 L. R. A. 803, 77 Am. St. Rep. 484, 57 N. E. 114, holding publication of notice to make objection to necessity for construction of public improvement, sufficient; Dugger v. Hicks, 11 Ind. App. 382, 36 N. E. 1085, holding special finding that notices published as provided in statute, sufficient to uphold conclusion of trial court; McEneney v. Sullivan, 125 Ind. 410, 25 N. E. 540, holding notice provided by act for street improvement sufficient; Barber Asphalt Paving Co. v. Edgerton, 125 Ind. 463, 25 N. E. 436, holding published notice for hearing objections to report of cost of work after completion, sufficient; Klein v. Tuhey, 13 Ind. App. 75, 40 N. E. 144, holding publication of notice from September 2 to September 16, both inclusive, is two

weeks' publication; Pittsburgh, C. C. & St. L. R. Co. v. Fish, 158 Ind. 527, 63 N. E. 454, holding notice of primary resolution of necessity for improvement not necessary to validity of assessment.

Limitation of public indebtedness.

Cited in Porter v. Tipton, 141 Ind. 350, 40 N. E. 802, holding act providing. for payment of improvement out of assessments against property owners in ten annual instalments does not contemplate charging cost primarily against city; Laporte v. Gamewell Fire Alarm Teleg. Co. 146 Ind. 471, 35 L. R. A. 689, 58 Am. St. Rep. 359, 45 N. E. 588, holding obligations payable only out of fund, and not by municipality generally, not within inhibition against indebtedness; Braun v. Benton County, 17 C. C. A. 169, 34 U. S. App. 393, 70 Fed. 370, Affirming 66 Fed. 482, holding gravel-road bonds not county indebtedness; Joliet v. Alexander, 194 Ill. 465, 62 N. E. 861, holding certificates for waterworks extension indebtedness of city though payable out of particular fund; Baker v. Seattle, 2 Wash. 583, 27 Pac. 462, holding street improvement warrants payable out of street improvement funds no part of indebtedness within constitutional inhibition; Kansas City v. Ward, 134 Mo. 186, 35 S. W. 600, holding city agent only to collect park certificates so that they are not indebtedness within constitutional inhibition; Reynolds v. Waterville, 92 Me. 327, 42 Atl. 553 (dissenting opinion), majority holding that act providing for city hall commission, scheme to get around inhibition against indebtedness; Defrees v. Ferstl, 154 Ind. 693, 57 N. E. 296 (dissenting opinion), to point that no city debt results from street improvement contract until making of estimates from time to time, or of final estimate; Allen v. Davenport, 107 Iowa, 111, 77 N. W. 532, holding contract for street improvement for definite sum, when city indebted to full amount, void; Cason v. Lebanon, 153 Ind. 575, 55 N. E. 768, holding contract for city improvement not indebtedness of city within constitutional inhibition; Wilcoxon v. Bluffton, 153 Ind. 278, 54 N. E. 110, holding school building bonds part of city debt to be included in aggregate amount of indebtedness relative to constitutional inhibition; Kirsch v. Braun, 153 Ind. 257, 53 N. E. 1082, holding county not liable on gravel-road bonds, payable only out of assessments on property benefited, not negotiable; Monroe County v. Harrell, 147 Ind. 508, 46 N. E. 124, holding gravel-road bonds payable out of assessments on benefited property not indebtedness within constitutional inhibition; Switzerland County v. Reeves, 148 Ind. 473, 46 N. E. 995, holding bonds for construction of gravel roads not debt of township, and thus within constitutional inhibition; New Albany v. McCulloch, 127 Ind. 505, 26 N. E. 1074, holding municipal corporation not excused from repair of defective sidewalk because indebted to constitutional limit; Heinl v. Terre Haute, 161 Ind. 49, 66 N. E. 450, holding debt created by school city not part of indebtedness of civil city, where created without authority of latter; Swanson v. Ottumwa, 118 Iowa, 174, 59 L. R. A. 625, 91 N. W. 1048, holding that contract for construction of waterworks did not create indebtedness, within meaning of Constitution.

Cited in note (23 L. R. A. 402, 403, 406) on what constitutes "an indebtedness" within meaning of constitutional and statutory restrictions of municipal indebtedness.

Distinguished in Austin v. Seattle, 2 Wash. 674, 27 Pac. 557, holding indebtedness in excess of constitutional limit requires assent of voters to issuance of bonds for local improvements; Winamac v. Huddleston, 132 Ind. 217, 31 N. E.