Provision of city charter held not to prohibit | highway.-Daly v. City and Town of New Ha- the city surveyor from preparing maps necessa- ven (Conn.) 397. ry to enable commissioners of assessments to make final assessments of benefits for street im- provements.-Humphreys v. City of Bayonne (N. J. Sup.) 761.
Right to assess land assessed for an old sewer for a new sewer necessary to furnish a proper outlet for the old sewer determined.-City of Bayonne v. Morris (N. J. Sup.) 819.
Where property owners have paid an assess- ment for a public improvement, and it is set aside, they cannot be again assessed for the same improvement until the money is refund- ed.-City of Bayonne v. Morris (N. J. Sup.) 819. Speculative profits cannot be recovered as dam- ages on change of grade of a street. Philadelphia Ball Club v. City of Philadelphia (Pa.) 357.
P. L. 1886, p. 149 (3 Gen. St. p. 3370), pro- viding that commissioners shall, when any assess- ment of benefits for a public improvement levied prior to the enactment of said law remains un- paid, determine how much of the assessment shall be collected, does not authorize the commis- sioners to set off against the assessment, as lev- ied, awards for portions of the land previously taken by the city.-Van Buskirk v. City of Bay- onne (N. J. Ch.) 458.
The right to set off an award for property taken by a city against an assessment for benefits is not barred before six years, and laches within that period will not destroy the right.-Van Bus- kirk v. City of Bayonne (N. J. Ch.) 458.
Where the grantee of the property owner and the city council made an adjustment of damages and benefits, held, that the former thereby ac- quired an equitable right to set-off that would be enforced in equity, since he had no adequate remedy at law. Van Buskirk v. City of Bay- onne (N. J. Ch.) 458.
A street commissioner held not to have actual notice that a sidewalk was so constructed as to be a defect.-Emery v. City of Waterville (Me.)
Notice to policeman of defect in street held notice to the city, where he is charged with the duty of reporting the same.-Cummings v. City of Hartford (Conn.) 916.
A policeman charged with the duty of report- ing defects in street need not report that the sidewalk is being repaired.-Cummings v. City of Hartford (Conn.) 916.
City held liable where policeman failed to prop- erly protect a defect in the street, of which he had knowledge.-Cummings v. City of Hartford (Conn.) 916.
A city is under no legal obligation to light its streets where they are reasonably safe for travel.-Canavan v. City of Oil City (Pa.) 1096.
A city held not guilty of negligence because it contains open gutters, where that is a com- mon method of construction.-Canavan v. City of Oil City (Pa.) 1096.
A village whose trustees are empowered to construct sewers is not liable in exemplary dam- ages for neglect of the trustees to repair a de- fective sewer.-Willett v. Village of St. Albans (Vt.) 72.
A village empowered to construct sewers held liable for injuries resulting from noxious vapors through its negligence.-Willett v. Village of St. Albans (Vt.) 72.
A village authorized to construct sewers is not liable for consequential damages from defects in the original design.-Willett v. Village of St. Albans (Vt.) 72.
A covered drain running under the sidewalk is a "culvert," within Laws 1893, c. 59, § 1, pro- viding that towns shall be liable for injuries by defects in any culvert.-Boyd v. Town of Derry (N. H.) 1005.
Under the act of April 21, 1858, one whose land is shut off from direct access to a new system of streets held entitled to damages. In re Vacation of Part of Melon St. (Pa.) 482; Appeal of Stadelman, Id.; Appeal of Bowers, Id. Appeal A town is not liable for injury to abutting prop- of Eddowes, Id.; Appeal of Levering, Id.; Ap-erty from surface water.-Murray v. Allen (R. peal of Perkins, Id.
Under the act of April 21, 1858, the omis sion of commissioners to report specifically that the person against whom they have assessed damages is the owner of the land, is not a fatal defect. In re Vacation of Part of Melon St. (Pa.) 482; Appeal of Stadelman, Id.; Appeal of Bowers, Id.; Appeal of Eddowes, Id.; Appeal of Levering, Id.; Appeal of Perkins, Id.
Fiscal management and taxation.
Appropriation by city to police pension fund association held not invalid because leaving to the association the right of distribution.-Com- monwealth v. Walton (Pa.) 790.
City of Philadelphia held not prohibited by Const. art. 9, § 7, to appropriate money for the Philadelphia Police Pension Fund Association.- Commonwealth v Walton (Pa.) 790.
A property owner that appeals from an assess- ment of benefits from a street improvement, and admits that the improvement as a whole has An appropriation of a reasonable sum by a benefited him to the amount assessed, cannot city for the use of a committee appointed to de- show that he was not specially benefited by the termine the practicability of a ship canal held improvement of a part of the street not adjoin- not within the prohibition of Const. art. 9, § 7. ing his property.-Boyd v, Borough of Wilkins---Commonwealth v. City of Pittsburgh (Pa.) burg (Pa.) 592.
A town is not liable for the negligence of its bridge tender performing the governmental duty of operating a draw.-Daly v. City and Town of New Haven (Conn.) 397.
Defects in a drawbridge over a navigable stream held not to show a defective highway, as the duty to operate a draw is distinct from that of keeping the bridge safe for travel.-Daly v. City and Town of New Haven (Conn.) 397.
The duty to build and operate a draw in a bridge for the benefit of a highway up and down the river is public and governmental.-Daly v. City and Town of New Haven (Conn.) 397.
A town is not liable for a breach of its gov- ernmental duty to provide a draw that can safe- ly be operated, where the defects in no wise af- fect its use as a bridge and as part of the public
An appropriation by a city council held intend- ed for a certain committee, though such commit- tee was not named in the ordinance.-Common- wealth v. City of Pittsburgh (Pa.) 628.
Revision 1897 (P. L. 285), held to supersede all pre-existing borough laws as to future bond issues.-Mittag v. Borough of Park Ridge (N. J. Sup.) 750.
An election on the question of the issuance of bonds under supplement to general borough act, held less than 20 days after the resolution to issue the same, held invalid.-Mittag v. Bor- ough of Park Ridge (N. J. Sup.) 750.
The supplement of 1888 to the general bor- ough act was superseded by Act March 28, 1892, so far as applicable to bonds for street improve- ments.-Mittag v. Borough of Park Ridge (N. J. Sup.) 750.
Right of borough, after authorizing a water Evidence tending to show fright of plaintiff's company, under the general borough act of April horses to be caused by negligent piling of lum- 3, 1851, to erect its own waterworks, determined. ber held admissible.-Valley v. Concord & M. R. -Union Water Co. v. Borough of Rochester (Pa.) R. (N. H.) 383. 136.
Right of city to tax land on extension of its limits under Acts 1884, c. 58, determined.- Valentine v. Town of Hagerstown (Md.) 931. Municipal officers may direct in writing an action of debt to be brought for the recovery of taxes.-Inhabitants of Dover v. Maine Water Co. (Me.) 101. Actions.
Evidence examined, and held to support a find- ing that the plaintiff was unavoidably prevented from filing her claim for injury on a culvert with the selectmen, as provided by law.-Boyd v. Town of Derry (N. H.) 1005.
MUTUAL BENEFIT SOCIETIES. See "Beneficial Associations."
See "Trade-Marks and Trade-Names."
NATIONAL BANKS.
See "Banks and Banking."
See, also, "Carriers"; "Master and Servant"; "Municipal Corporations"; "Railroads." Causing death, see "Death."
Of landlord, see "Landlord and Tenant."
What was the proximate cause of plaintiff's injury, where she seized her horse's bridle to prevent him from running away, he having been frightened by a collision with defendant's team, held to be a question of fact.-Willis v. Provi- dence Telegram Pub. Co. (R. I.) 947.
Whether or not plaintiff was guilty of con- tributory negligence in seizing her horse's bridle to prevent him from running away, after he had been frightened by a collision with de- fendant's team, held a question of fact.-Willis v. Providence Telegram Pub. Co. (R. I.) 947.
The proximate cause of an accident to a trav- eler held the breaking of the harness, and not the absence of guard-rails on a bridge.-Willis v. Armstrong County (Pa.) 621.
Where plaintiff's horses are frightened by lumber negligently piled, an allegation of due care held unnecessary.-Valley v. Concord & M. R. R. (N. H.) 383.
A presumption that a traction company was negligent did not arise from the unexplained breaking of a trolley wire, by reason of which plaintiff's horse was frightened.-Rogers v. Phila- delphia Traction Co. (Pa.) 399.
The fact that a railroad culvert was covered after a person on the track had fallen into it is immaterial on the question of the railroad com- pany's negligence.-Fisher v. Paxson (Pa.) 407.
Abutting owner held liable to traveler injured by a post set into the highway.-Gunther v. Dranbauer (Md.) 33.
Where defendant's act was not the real cause of the injury, but only afforded the occasion for an accident causing the injury, held that de- fendant was not liable.-Conway v. Lewiston & A. Horse R. Co. (Me.) 110.
One who mistook doors leading to the cellar of a public building for the main entrance thereof, and opened them and fell into the cellar, there being no stairway, held entitled to recover from the proprietor of the building.-Foren v. Rodick (Me.) 175.
An instruction that "what would be due care in driving a dull horse would not be in driving a locomotive," held proper, as being merely an illustrative way of saying that or- dinary care depends on the circumstances of the case.-Sawyer v. J. M. Arnold Shoe Co. (Me.) 333.
In an action for injuries received on a passen- ger elevator, it was error to permit the jury to consider, on the question of negligence, the fact that defendant was insured against acci- dents happening on the elevator.-Sawyer v. J. M. Arnold Shoe Co. (Me.) 333.
NEGOTIABLE INSTRUMENTS.
See "Bills and Notes."
NEWLY-DISCOVERED EVIDENCE. Ground for new trial in civil actions, see "New Trial."
A new trial for newly-discovered impeaching evidence will not be granted where no diligence is shown.-Timony v. Casey (R. I.) 370.
Under V. S. § 1232, a verdict will be set aside where an agent of the successful party treats the jury after the trial.-Shattuck v. Wrought-Iron Range Co. (Vt.) 72.
Before trial, see "Dismissal and Nonsuit."
It is proper to refuse to direct a verdict in an action for negligence, where it turns on a fact as to which the evidence is conflicting.--Hoimark v. Consolidated Traction Co. (N. J. Err. & App.) Promissory notes, see "Bills and Notes." 684.
A count alleging negligence is bad where the facts constituting the negligence complained of are not set out.-Laporte v. Cook (R. I.) 700. Defendant held liable for negligently piling lumber outside limits of highway in a manner to frighten passing horses.-Valley v. Concord & M. R. R. (N. H.) 383.
Of defects in streets, see "Municipal Corpora- tions."
Of intent to claim lien, see "Mechanics' Liens." Of tax sale, see "Taxation."
Maintenance of, on leased premises, see "Land- lord and Tenant."
Pollution of stream, see "Waters and Water Courses."
Railroad in street, see "Railroads."
A statute providing for abatement of nui- sance by order of lower court without notice to the owner held constitutional.-Harrington v. Board of Aldermen of City of Providence (R. I.) 1.
Pub. Laws April 25, 1889, c. 777, as amend- ed by chapter 1407 of March 1, 1895, held to provide reasonable methods for abatement of privy nuisance.-Harrington v. Board of Alder- men of City of Providence (R. I.) 1.
Pub. Laws April 25, 1889, c. 777, as amend- ed by chapter 1407 of March 1, 1895, provid- ing for abatement of a privy nuisance in prem- ises abutting on a street in which there is a sewer, held a proper exercise of police power. Harrington v. Board of Aldermen of City of Providence (R. I.) 1.
A corporation authorized to construct and oper- ate motors and cables, but not invested with the power of eminent domain, is liable for special injuries to the property of another, caused by the jarring of machinery operated by the cor- poration on its own premises, though no neg- ligence be proved.-Kepner v. Harrisburg Trac- tion Co. (Pa.) 416.
One who has been declared illegally elected can only hold the office until his successor is elected and qualified.-Wells v. Munroe (Md.) 987.
An architect employed by commissioners to supervise the construction of a public building, held not an officer.-State v. Broome (N. J. Sup.) 841.
A resolution of the board of chosen freehold- ers appointing a lawyer as attorney to the board does not place him within the protection of the veteran acts.-Rowe v. Board of Chosen Freeholders of Hudson County (N. J. Sup.) 818.
The post of deputy warden of the Hudson county almshouse is not an office, within the meaning of the veteran act.-Stewart v. Board of Chosen Freeholders of Hudson County (N. J. Sup.) 842.
A clerk who has made an incomplete record may complete same afterwards while in office, or after re-election.-City of Bangor v. Inhab- itants of Orneville (Me.) 153.
defense to the nonpayment of moneys in fact The fact that a tax levy was invalid is no collected by tax collector.-Town of Pawlet v. Kelley (Vt.) 92.
The grantor of premises on which there was a building constituting a nuisance held liable for the continuance of the nuisance, where he cov- See "Mines and Minerals." enanted quiet enjoyment and the right to main- tain the structure.-East Jersey Water Co. v. Bigelow (N. J. Err. & App.) 631.
A person having possession of premises under Judgment, see "Judgment." a lease for 999 years held the owner thereof, and responsible for maintaining a nuisance thereon.- Meyer v. Harris (N. J. Sup.) 690.
The owner of premises on which a nuisance In civil actions, see "Evidence." had been erected by his predecessor held respon- sible for injuries occasioned thereby if he con- tinued the nuisance.-Meyer v. Harris (N. J. Sup.) 690.
First raised on appeal, see "Appeal and Error."
OBLIGATION OF CONTRACT. Laws impairing, see "Constitutional Law."
In a trial under Pub. St. c. 264, § 2, prohibiting the use of offensive epithets in public, the truth of the statements contained in the epithets is ir- relevant.-State v. Brown (N. H.) 731.
Review of appealable orders, see "Appeal and Error."
Municipal ordinances, see "Municipal Corpora- tions."
Of officers, see "Quo Warranto."
PARENT AND CHILD.
Obligation of a father to support his child. held not discharged by divorce procured by the mother with custody of the child.-Dolloff v. Dolloff (N. H.) 19.
A parent held liable for board and nursing of his unmarried daughter, though she was of age,
hurst v. Krellinger (Vt.) 67.
See, also, "Clerks of Courts"; "Judges"; "Re- and he had made no express promise.-Park- ceivers"; "Sheriffs and Constables." Assessors and collectors of taxes, see "Taxa- tion."
Election officers, see "Elections."
Of banks, see "Banks and Banking."
Of beneficial associations, see "Beneficial Asso- ciations."
Of cities, see "Municipal Corporations." Of corporations, see "Corporations."
Of counties, see "Counties."
Of courts, see "Courts."
An objection in such case that there was no definite averment of the time when defendant enticed the child away is not open to defendant on general demurrer.-Hare v. Dean (Me.) 227.
Both parents are entitled to the custody of their children under Pub. Laws 1895, c. 43, and hence both are properly joined in an action for enticing away a child.-Hare v. Dean (Me.) 227.
In such action it is no defense that at the time
Of loan associations, see "Building and Loan of the wrongful act the child was not actually
Poor-law officers, see "Paupers."
a member of the parents' household.-Hare v. Dean (Me.) 227.
An infant having a vested remainder in a large estate held not a poor person, within 2
To assignments, see "Assignments." To creditors' suit, see "Creditors' Suit."
In suing the trustees of an unincorporated lodge,
where the lodge was joined as a defendant, and plaintiff afterwards learned that it had disbanded, held, that he might strike the name of the lodge from the bill.-Grand Lodge, Knights of Pythias of New Jersey, v. Germania Lodge, No. 50 (N. J. Ch.) 341.
The allowance of an amendment bringing in new parties defendant is a matter within the dis- cretion of the trial court.-Lawson v. Kimball (N. H.) 380.
In an action to recover the equitable value of a life policy that has been forfeited by the com- pany, the insured, and not the beneficiary, is the proper party plaintiff.-McDonald v. Metro- politan Life Ins. Co. (N. H.) 500.
In a declaration charging willful injury to a chattel, misjoinder of defendants will not defeat the action. Keer v. Oliver (N. J. Sup.) 693.
A parol partition may be limited to the sur- face of the land, leaving the coal in common.- Byers v. Byers (Pa.) 1027.
Burden of proof is on one claiming that par- tition was only as to the surface, and did not include the coal, to prove such fact.-Byers v. Byers (Pa.) 1027.
Question whether a parol partition embraced
the coal under the surface of the land held a question for the jury.-Byers v. Byers (Pa.) 1027.
Where a partner paid a judgment at law recovered against the firm on the ground of false representations, he was denied contribu- tion from his co-partner because of the moral fraud on which the judgment was based.- Clayton v. Davett (N. J. Ch.) 308.
That compensation for services is to be contin- gent, and paid from the profits, does not make the employé a partner.-Ryder v. Jacobs (Pa.) 471.
Where surviving partners of a firm engaged in insurance separated, and one of them was paid a sum of money by a third person for the privi- lege of entering into partnership with him be- cause of his right to compete for business of the old firm's customers, held, that there was not a sale of the good will of the old firm.-Dyer v. Shove (R. I.) 498.
A judgment against one partner held prior to claims of firm creditors accruing after it became a lien. In re Fair Hope North Savage Fire- Brick Co.'s Estate (Pa.) 519; Appeal of Boyts,
Where title to land was taken in the individu- al names of the partners, held, that it was not partnership assets under the circumstances, though one who advanced all the cash took a mortgage of the other's partnership interest_to secure one-half of advance. - Harris v. De Raismes (N. J. Ch.) 637.
A rule of a partnership association denying to a member purchasing additional shares, the same as to any other transferee of shares, the right to vote them, unless elected to member- ship in respect to such shares, is authorized by Act June 2, 1874 (P. L. 271), § 4, as amended. -Carter v. Producers' Oil Co. (Pa.) 571.
An agreement to co-operate in a sale of land on which one party holds an option, and share in the profits, held a partnership.-Frazer v. Linton (Pa.) 589.
In the absence of provisions in the partnership agreement, the presumption is that the profits are to be equally divided.-Frazer v. Lintou (Pa.) 589.
Where an auditor found that some of the items of an account against a partnership were for goods sold to one of the partners individually. but on a recommitment he further reported that he was unable to ascertain that any item was for goods thus sold, the supplemental report nullified the original finding.-Barette v. Laurier (Vt.) 236.
When an important question in a suit is whether partnership lands are subject to parti- See "Carriers." tion, persons having rights thereto only in the event of a partition are proper parties.-Craig- head v. Pike (N. J. Ch.) 296.
Where lands were purchased by a partnership for development and sale, they would not be partitioned on application of one partner if the venture would be thereby defeated.-Craighead v. Pike (N. J. Ch.) 296.
A sale by a retiring partner to his associates of the assets of the partnership, where the firm is insolvent, is void as to creditors of the firm.- Franklin Sugar-Refining Co. v. Henderson (Md.) 991; Brown v. Same, Id.; Edmondson v. Same, Id.; Lederer v. Same, Id.
A creditor of a partner, who took an assign- ment of the partner's interest in the firm as- sets as security, held not liable as a partner to contribute to the other partner, on account of a judgment against the firm paid by the latter. -Clayton v. Davett (N. J. Ch.) 308.
Notice to the overseers of a town from the "office of the overseers of the poor" of another town, by a named person, "overseer of the poor and secretary," held sufficient.-City of Bangor v. Inhabitants of Orneville (Me.) 153.
The record of commitment of an insane pau- per held not invalid because it failed to state that the physicians who made the medical ex- amination were respectable.-City of Bangor v. Inhabitants of Orneville (Me.) 153.
Assessors of oldest incorporated adjoining town or nearest incorporated town have the duty of looking after state paupers found on planta- tions.-Davis v. Inhabitants of Milton Planta- tion (Me.) 539.
Assessors of plantations, under Rev. St. c. 24, § 33, have no duty imposed on them as to state paupers.-Davis v. Inhabitants of Milton Planta- tion (Me.) 539.
See, also, "Accord and Satisfaction"; "Tender." Of claims against estate of decedent, see "Ex- ecutors and Administrators." Of mortgages, see "Mortgages." Of note, see "Bills and Notes." Of taxes, see ""Taxation."
Where tax collector was in default for collec- tions in the years 1891 and 1893, and by mis- take paid an excess on the taxes for 1892, held that the excess would be applied to the deficit of 1893, it appearing that the money was the proceeds of taxes for that year.-Town of Paw- let v. Kelley (Vt.) 92.
Presumption of payment by a lapse of time held not rebutted by proof of an indorsement of credit by the deceased obligee.-Hart v. Bucher (Pa.) 472.
Payments received on a general account, with- out express application, will be applied to the oldest items.-Doherty v. Cotter (N. H.) 499.
Alleging fraud, see "Fraud."
In creditors' suit, see "Creditors' Suit." In equity, see "Équity."
In replevin, see "Replevin."
Necessity for pleading limitations, see "Limita- tion of Actions."
Sufficiency of bill for appointment of receiver, see "Receivers."
In assumpsit to recover under a specified con- tract, proof that plaintiff's compensation was to be contingent constitutes a variance.-Ryder v. Jacobs (Pa.) 471.
An amendment in a declaration on the case, inserting the ad damnum, which had been inad- vertently omitted, was proper.-Hare v. Dean (Me.) 227.
Copy of note declared on need not be exact.- West v. Darcy (R. I.) 945.
Refusal to dismiss notice, where a plea was the general issue, held proper.-McMullin v. Er- win (Vt.) 62.
The form known as the "common count" cannot, under the practice act, follow a special count.-McNamara v. McDonald (Conn.) 54.
An allegation as to legal proceedings in a civil complaint held to include criminal as well as civil proceedings.-Mack v. Campeau (Vt.) 149.
Allegations in a civil action held sufficient as averring a crime.-Mack v. Campeau (Vt.) 149. Plea or answer, and affidavit of defense. In a trial, on appeal from the allowance of a claim in the insolvency court, the general issue will be considered as already pleaded after the court has refused to allow special pleas in bar to be filed out of time.-Clemons v. Clemons' Estate (Vt.) 314.
A plea held not in confession and avoidance.- Dibble v. Deerfield River Co. (Vt.) 161.
An answer admitting the allegations in a com- plaint waives formal defects.-Jacobs v. Holgen- son (Conn.) 914.
Affidavit of defense to complaint of lessor in an oil lease to recover bonus held insufficient.— Chambers v. Smith (Pa.) 522.
Under Gen. Laws, c. 239, § 14, failure to file an affidavit of defense to a declaration on a promissory note will not preclude the defend- ant from establishing a set-off.-West v. Darcy (R. I.) 945.
Objection that an answer is not filed in time held unavailing where there was no motion to strike.-Camden Fire Ins. Co. v. Reed (N. J. Ch.)
No exception lies to a refusal of the court to allow special pleas in bar to be filed out of time. -Clemons v. Clemons' Estate (Vt.) 314.
Replication and subsequent pleadings.
A replication denying each and every material fact in certain pleas, not being pleas in con- fession and avoidance, held bad for duplicity, un- der V. S. § 1151.-Dibble v. Deerfield River Co. (Vt.) 161.
Where a defendant, in his rejoinder, departs from the issue tendered by his plea, such re- joinder is bad on demurrer.-Smith v. Felter (N. J. Sup.) 746.
A demurrer to the whole declaration is prop- erly overruled if any count is good.-Gunther v. Dranbauer (Md.) 33.
Where a demurrer is general to two counts, one of which is good, it must be overruled.- Astor v. Heller (N. J. Sup.) 819.
« AnteriorContinuar » |