(PROPERTY RIGHTS AND REMEDIES.)

the purchaser. ld. Borrowing from a forger | have been given him to return to the State from money which he had obtained from a forged which he was taken. (Wis.) 817. Where a mortgage on property of the borrower will not man has a settled abode in another State for estop the latter from setting up the forgery. business or pleasure he is a nonresident within (Ark.) 551. No stipulation between third per- the Attachment Law. (Cal.) 127. The ratificasons can continue an obligation from which tion of an attorney's act in bringing an unauthe law relieves a party. (Pa.) 411. Principle thorized attachment suit will not give priority applied to an insurance company's letter stat- to the attachment lien. (Ark.) 405. A writ of ing that it could not be discharged from lia-ne ereat will not be issued to aid the collection bility on a policy insuring a tenant against lia- of a judgment recovered at law against a wobility for rent in case the lensed buildings are man. (Mass.) 396. A suit cannot be carried burned, and that such defense would not be on by the initials merely of the Christian name raised. Id. One who has taken the benefit of of the plaintiff; and a motion to dismiss the a building regulation cannot repudiate the con-writ on this ground is equivalent to a plea in ditions on which it is given. (D. C.) 649. One abatement. (Mich.) 629. ↑ An injunction may who has executed and delivered securities in be granted to prevent a cloud on title obtained consideration of such a promise after his ille- by adverse possession. (Mo.) 67. gal purpose has failed, and a prosecution has Actions and suits arising under will. A combeen commenced by third parties, cannot re- plaint in an action to contest a will, alleging scind the contract and recover back the securi-that testator's intention was different from that ties. (Ark.) 551. A bank is not estopped to expressed by the will, is demurrable. (Ind.) deny its liability on a check which it has certi- 498. Although heirs of a deceased partner fied, even as against a bona fide holder for cannot compel the surviving partner to account, value. (N. Y.) 595. A bank whose certities yet circumstances may exist to make it proper tion has been procured by fraud cannot main-to entertain action on their behalf. (Ind.) 788. tain an action to recover possession of an un- In a proceeding taken to put heirs in possession indorsed check against a bona fide purchaser of an estate an issue must be joined, proof must from payee. Id. An insurance company is be taken and judgment rendered, recognizing not prevented from setting up the suicide of an their capacity to take possession. (La. Ann.) insured person as a defense to its liability on 265. Heirs entitled to a third of certain lands, the policy, notwithstanding the Statute provides who claim no more than that part which is set only for fraud as a ground of defense. (Pa.) off by metes and bounds, may sue therefor 576. without joining other heirs, where the latter Arbitration and award. An attorney has no have already received a conveyance of a part implied authority to submit a case to arbitra-equivalent to their share. (Ky.) 454. The fact tion in pais, nor make any material change in the submission without order or direction of the court. (Conn.) 563. A dispute as to the ownership of a strip of land, claimed by each party in fee simple, caunot be settled by arbitration. (Mich.) 720. A change in a written submission, by which the award is to be made final instead of being returned to court for judg. ment, is a material change which an attorney cannot make unless expressly authorized. (Conn.) 563.

Limitation of action. The Statute of Limitations cannot run against any person until his or her right has a crued. (Pa.) $58. So the holding of land b, the grantee during the life of the grantor is not adverse to the dower right of his wife. Id. In cases of fraud the Statute begins to run in equity from the time of discovery of the fraud. (R. I.) 826. When a debt is barred, the new promisor must acknowledge its justness and express willingness to pay. (Tex.) 72. A letter simply saying "I have done my best to raise some money," etc., does not remove the bar. Id.

that distributees have received a portion of the estate will not preclude them from exercising their right as covenantees to enforce the covenant, where their liability will in no event be co-extensive with their claim. (Mass.) 304. The indebtedness of a legatee to the estate may be set off against his claim to the legacy. (Ind.) 231. Taxable costs of all parties in a suit for the construction of a will may be ordered to be paid out of the funds of the estate before distribution. (V1.) 517.

Equitable relief in cases of contract. A suit by a vendor for a specific performance canuot be defeated on the ground that there is a remedy at law. (Conn.) 87. To defeat it the remedy must be as complete and beneficial at law as in equity. Id. Where a number of contracts constitute one transaction and are sepa rable, those not within the Statute of Frauds may be enforced, and the others avoided. (Ind.) 782. An action on con'ract is within the jurisdiction of the courts of the place of performance, although the parties reside in other States. (Mich.) 511. A covenant under seal by a life tenant, having power to dispose of the remainder of the estate by will, to refrain from dispos ing of a portion of such remainder upon consideration that the will granting the power shall not be contested, is enforceable. (Mass.) 304. But a covenantee who accepts his share of the money paid for a release of his obliga tion cannot enforce the covenant. Id. Proceedings by administration of deceased coveWrit and process. One brought within the nautee, to procure other covenantees to release, Jurisdiction upon requisition as a fugitive from will not estop him from setting up an indepenjustice, and tried and discharged as to the of dent right as covenantee. Id. The words fense charged, is not subject to arrest on a civil "then surviving,” applied to heirs-at-law, refer process until a reasonable time and opportunity to the time of the death of the life tenant. ld

Abatement of action. The death of one of two physicians sued as partners for unskillful treatment does not abate the action as to the survivor. (Ind.) 90. The mere pendency of a suit against the lessee of a wharf to recover damages for injuries caused by its defective condition will not abate a subsequent suit for the same purpose against the owner of the wharf. (Md.) 272.

(DAMAGES FOR TORTS.)

Equity; principles as to burden of loss. Where one of two innocent persons must suf fer, the loss must fall upon him who put it in the power of a third person to cause the loss. (S. Č.) 745. Principle applied to one who signs a negotiable note as surety, upon a condition known only to the principal. Id. A bank which pays forged checks to other bauks, which had in good faith advanced money on them to the foiger, must bear the loss. (Ky.) 849. On the embezzlement of the money rethe mortgagor to produce the money, and who was also agent of the lender for the purpose of examining the title, etc., the mortgagor who left the business to the agent without inquiry for months must bear the loss. (Pa.) 750.

Equity will not relieve from securities executed to shield a person from prosecution for a felony of which he is guilty. (Ark.) 551. Personal & rvices. Contracts for personal services will not be specifically enforced. (Conn.) 779. Their negative enforcement by injunction will not be made, where the services are purely intellectual, peculiar or individual in character. Id. Principle applied to an agreement by an employé not to allow his name to be used in any business similar to that of his employer. Id. Services devolved upon an em-ceived on a mortgage by a person employed by ployé by the general manager of the business are not "peculiar” or “individual." Id. Equity will not enjoin the breach of a negative promise unless the contract was such that a decree for its specific performance could be enforced by the court. (N. Y.) 381.

VII. DAMAGES FOR TORTS.

ld. One

who takes the benefit of such regulation cannot repudiate its conditions. Id.

Negligent exercise of profession. For failure of a physician to give proper instructions in the care of a broken leg set by him he is liable for resulting injury. (Iowa) 566. A lawyer cannot be held liable for a mistake in reference to a matter in which members of the profession possessed of reasonable skill and knowledge may differ as to the law. (Ind.) 6.9. Doctrine applied to advice as to a mortgage of busband and wife given to secure the husband's debts. Id.

In general, liability for torts. Damages for | damages to the adjoining owner. injury to premises by a negligent construction of a sewer must be limited to the actual damage sustained up to the time of bringing suit. Label and slander. A publication containing (Tenn.) 465. The grantor of a right of way imputations that a member of the Legislature cannot deposit thereon stone or other obstruc- went there solely for the purpose of passing a tion, or in any way obstruct or injure the road bill to enrich himself and his copartners in a bed. (N. Y.) 226. A commercial agency is certain scheme is libelous. (Mich.) 309. A not exempted from liability for gross negligence caricature printed in connection with charges in erroneously giving the financial standing of of corruption in the passage of a legislative bill a person. (Pa.) 661. An iron railing sur constitutes a libel if the charges are not true; mounted with sharp points, placed around an and the inducement is sufficient where it shows area, will not subject the owner to liability for that plaintiff was a member of the Legislature injury to a traveler who, to save himself from and the introducer of the bill and was the perfalling, was injured by one of the sharp points. son referred to in the publication. No iunu(Pa.) 120. Where several buildings in succes-endo is needed where the meaning of the pubsion take fire, each from another, the burning lication is plain. Id. of the last building to catch fire was not the proximate result of the setting fire to the first, when the fire was actually communicated by the intermediate buildings. (N. Y.) 130. An action sounding in tort cannot be maintained to recover damages for injuries to lands by surface water from a drain constructed in accordance wi h a judgment of a court, although subsequently reversed. (Ind.) 495. Where the united and contemporaneous negligence of two persons causes a collision between them, neither can recover for a resulting injury. (Ind.) 678. To stand in the carriage-way of a public street at night is such negligence as will prevent recovery for injuries resulting from being thrown down by a wagon. Id. One who causes work to be done is not ordinarily liable for injuries resulting from the negligence of employés of an independent contractor, unless the injury might have been anticipated as a direct or probable consequence of the work contracted for. (Ohio) 701. An agent of a nonresident is personally liable for injuries resulting from the dangerous condition of the premises. (Ill.) 128. Party cannot shift his responsibility on another. A party under an antecedent obligation to do a thing cannot get rid of his responsibility by deputing it to somebody else. (D. C.) 649. The obligation to make good all damages to an adjoining owner by interference with a party wall cannot be escaped by employing a contractor to do the work. Id. A building regulation established under Act of Congress may properly require owners to make good all

Telegraph companies. Mental anguish is a ground for the recovery of substantial damages against a telegraph company for failure to deliver a telegram, where the message is sufficient to inform the company that mental anguish will probably result. (Ind.) 583. The complaint to recover the statute penalty must state that the person addressed resided within the prescribed distance from the office. Id. The question of sufliciency of a telegram to inform the operator of its meaning is determined by facts and circumstances. (Ill.) 474. If sufticient appears to show that it relates to a commercial transaction, it is sufficient to charge negligence, Id.

Injuries to real property. To entitle an owner of land on a navigable river to maintain an action for obstruction to navigation, the obstruction must be the invasion of a privato right. (Minn.) 673. Such action must state facts constituting special damage and that the injury was connected with a negligent act, or was the proximate result of such act. Id. A

(DAMAGES FOR TORTS.)

riparian owner has no right of action for the washing away of banks and bottom of a stream by the increased flow of water at times, occasioned by a dam made with legislative author ity. (Me.) 460. Incidental injuries to land by a reasonable increase in the flow of water to facilitate driving logs is not a taking of property. Id.

Trespass on the case. Actions of trespass on the case are included in the Statute in the word "trespass," allowing an action therefor. (Tex.) 618. Hence the owners of a leased building who contribute to the injury of a tenant by consenting to the erection of an awning are liable for the consequent injuries to the tenants. Id. Doctrine applied to the miscarriage of a woman occupying the premises, caused by the falling of the awning and part of the wall atJached thereto. Id.

se.

agent or servant in operating the road. Id. It cannot be held responsible for injuries done by its servants unless the act was expressly or impliedly authorized or ratified by it. Id. A stockholder is not liable for the negligence of the officers, agents or employés of the company in the operation of its road. (Kan.) 414.

Liability of railroads for injuries to travelers and trespassers. An individual, in the exercise of his absolute rights, if it may endanger the safety of others, must exercise them with a due regard for the safety of others. (Ky.) 316. Running grip cars at a rate of speed prohibited by ordinance is negligence per se. (Mo.) 819. It is the duty of a railroad company, where a train crosses a public highway on a trestle, to give timely warning of the approach of the train to the crossing. (Ky.)316. A traveler familiar with the place, who hurries to such crossing and attempts to cross, is guilty of negligence which will prevent recovery for injuries sustained through fright of his horse caused by the train. Id. Whether or not the failure to give warning is negligence, should be left to the jury. Id. The presumption of negligence of a railroad company as to a passenger does not obtain in case of injuries to the horse of a traveler attempting to cross the railroad track. (Ind.) 588. An unlicensed hack driver specially ordered for a passenger is not a trespasser in going with his carriage, for the purpose of meeting such passenger, upon a wharf used by the steamboat company, although the rules forbid any but private carriages, or carriages which are licensed, to stand upon the wharf. (R. I.) 302.

Pollution and contamination of water. Although one may appropriate all the underground water in his soil he has no right to poison or contaminate it, so that when it reaches his neighbor's land it will be unfit for use by man or beast. (Ky.) 451. Doctrine applied to the owner of oil stored near a spring. Id. If liable to escape either above or under ground, be must answer for the consequences; but on the question of damages evidence that he had previously sold water from the spring is inad missible. Id. Where one erects a large feed ing stable for cattle he will be enjoined from polluting a stream passing through neighboring land used for farming purposes. (Neb.) 457. Nuisances. Damage caused by explosion of a powder magaz ne located on a lot smaller than that required by an ordinance is caused by For death caused by negligence. Under an the violation of the ordinance, and the destruc- Act embodying the provisions of Lord Camption of buildings constituted it a nuisance per bell's Act, suits for railway accidents must be (Ill.) 262. The risk of injury by explosions brought by the personal representatives for the is not assumed by adjoining owners, although benefit of the widow and next of kin. (Ark.) other magazines existed when the lot was pur-283. It does not take away the right which chased. Id. Nuisances should be removed survives, to recover for injuries accrued by the beyond the immediate neighborhood of resi common law, nor does it deprive the father of dences. Id. Where the facts alleged consti- bis right to sue for loss of service of his minor tute a nuisance, the term "nuisance" need not child; hence the three actions may be prosebe used in the pleading. Id. A release to a cuted at the same time and recoveries had in railroad company of a right of way across cer- each. Id. In the action for the loss of services tain land, with a further release from all claims of a minor child the recovery is limited to damfor damages by reason of the taking and use ages accrued between the times of the injury of the land, will bar the owner from subse and the death. Id. An administrator has no quently recovering damages for overflowing his right, under the Employers' Liability Act, to land by the construction of a ditch and culvert.ecover damages on account of the death of his (Pa.) 213. intestate, in addition to his right as legal representative to recover the damages which accrued to the intestate in his lifetime. (Mass) 154. In actions for damages for d ath caused by negligence what was usually and habitually done may be proved to rebut a claim that an employé was negligent. (Mich. 509. Mortuary tables are admissible in evidence to show expectancy of life. Id. Evidence as to the prop erty of the family, and of an incumbrance, is inadmissible in an action for the death of plaintiff's husband. Id. If no improper testimony bas been admitted, the amount of damages awarded is beyond the reach of a writ of error. Id.

Carriers' liability for neglect of duty. The duty of common carriers is a duty independent of contract, arising by implication of law. (N. J.)435. Independent of statutory requirement a railroad company is chargeable with the duty to fence its track if required to keep the track free from obstructions. (N. Y.) 527. A rail road company is not required to use extraordinary care or vigilance in respect to the safety of its highway crossings. (Ind.) 588. A railroad company cannot, by lease or contract or arrangement, turn over to another company its road and franchises, and thereby exempt itself from responsibility for the conduct and management of the road, but will be liable for injuries sustained on that portion of its road operated by the foreign company. (W. Va.) 354. It is, however, not liable for injuries inflicted by the lessee company upon its own

Injury to railroad employés. Injury to a brakeman from collision of the train with an animal makes the company liable for the damages under the General Railroad Act, which imposes the absolute duty to fence. (N. Y.)

(CRIMINAL LAW AND PRACTICE)

527. An engineer and fireman of a locomotive | in a connecting railroad, and its rights and are fellow servants of a section hand; but an powers in such connecting road are those of a assistant roadmaster is not a fellow servant of stockholder only, it is not responsible for the a section hand, he being a superior agent negligence of such connecting road. Id. If charged with an act which the law imposes as a company neglects its duty to stop at a station, a duty of the master; yet his command will a passenger is not therefore justified in jumping not justify acts of an employé who sees a dan- from the moving train, unless expressly invited ger of which bis superior is ignorant. (Mich.) so to do. His unwillingness to be carried be623. So whether the proximate cause of the yond his destination is no excuse. (La.) 111. injury was the act of the engineer or fireman The fact that the door of the car is open is no inor that of the assistant roadmaster is an im-vitation to a passenger to pass through it for the portant question in determining the liability of purpose of jumping off while the train is runthe master, and is for the jury to decide. Id. ning at full speed. (Mo.) 819. Calling the It is the duty of the master to supervise, direct name of a station and stopping the train to take and control the operation and management of a side track while another train passes will his business; and a person invested with full not make the carrier liable for injuries to a control, subject to no supervision except his, passenger. (Ala.) 323. A passenger who stands in the place of the master and is not a alights from a grip car running at full speed fellow servant. (Mich.) 500. A train dis- is guilty of contributory negligence. (Mo.) patcher is not a fellow servant with trainmen. 819. But it is not negligence for a passenger ld. The contributory negligence of a fellow familiar with the management of railroads to servant will not prevent the recovery for in- go forward to the baggage car, and as the jury due in part to the negligence of the mas- trains are about to collide to jump to the ter. Id. A master who carries on an immi- ground. (Mass.) 843. Whether or not alightnently dangerous undertaking is bound to ing from a moving train constitutes negligence know the character and extent of the danger, is a question of fact to be determined by the and to notify the servant specially and une- jury. (Ind.) 687. The fact that the passenger quivocally. Constructive or obligatory knowl- was traveling on Sunday, in violation of the edge on his part supplies actual knowledge, Act concerning vice and immorality, does not and such knowledge is presumed juris and de preclude her from maintaining the action. (N. jure to exist, while the servant is held to the J.) 435. knowledge of patent defects only (La.) 172. The servant has a right to assume superior knowledge in his employer, to rely on his prudence and judgment and to believe that he will not unnecessarily jeopardize his person and life by avoidable risk. Id. An employé does not, by entering the service, assume a risk of danger incident thereto, which by reason of his youth and inexperience he does not know or appreciate, and to which the employer exposes him without warning him of it. (Ark.) 283. Whether or not he ought to have had knowledge or appreciation of the danger, is a question for the jury. Id.

As carrier of passengers. Railway companies are bound to keep the platforms at their passenger stations in a safe condition for persons to enter and leave the cars. (Ind.) 687. A passenger is justified in taking the way of passage held out by the company for entrance and exit to the public street, although another passageway might be taken. (N. J.) 435. Passengers have a right to assume that the means of access provided are reasonably safe. ld. Knowledge of the unsafe condition of the platform will not prevent a person using it from recovering for injuries caused by its defects. (Ky.) 44; (Ind.) 687. Where connecting companies use a station jointly, one company is not responsible for the neglect of the other over which the passenger is carried. (Kan.) 414. Where a railroad company legally holds stock

As carrier of merchandise. A carrier of goods must protect the property from destruction or injury, and has the burden of proving that the goods were not in good condition when shipped or when received from a connecting carrier. (Iowa) 280. Nor can custom be invoked to protect it from negligence in failing to transport goods with care; and the rate of charge will not limit the care required, or restrict its liability. Id. Doctrine applied to a shipment of butter, destroyed by heat during transportation, by negligence to provide cold storage, and neglect to use ice in the cars used. Id.

Carrier; limitation of liability by contract. A limitation of liability in the bill of lading will not control where the damage is the effect of the carrier's negligence. (Ind.) 214. Unless specially provided for, an intermediate carrier can derive no benefit from a contract between the first carrier and the shipper. Id. A "fire clause" in a bill of lading exempting from liability for loss where transportation is not of ered as an alternative, and no reduction of rates is made as a consideration for the exemption, is invalid. (Tenn.) 162. Mere acquiescence in the use of such bills will not show the reasonableness of the exemption. Id. A condition is reasonable only if coupled with compensating advantages to the shipper. Id. The contract must be fairly obtained, and must be both just and reasonable. Id.

(CRIMINAL LAW AND PRACTICE.)

the admission and expulsion of its members are The comparative humanity of different systo be regulated, and the members must contems of executing the death penalty on a crimform to these rules. ld. inal is a question for legislative determination. Id.

Death penalty. The Legislature may change the manner of inflicting the death penalty. (N. Y.) 715. Evidence is not admissible to show that, in executing a law, some constitutional provision may possibly be violated. Id. 7 L. R. A.

Removal of cause. The marriage of parties in another State does not furnish a ground for removal of indictments against them for foruication into the United States court. (Ga.) 50.