1112

L. R. A. CASES AS AUTHORITIES.

Right to use gas or oil pump.

[47 L. R. A.

Cited in Manufacturers Gas & Oil Co. v. Indiana Natural Gas & Oil Co. 155 Ind. 474, 50 L. R. A. 774, footnote p. 768, 57 N. E. 912, holding unlawful, pumping of natural gas to injury of others having wells supplied from same reservoir.

Cited in footnote to Jones v. Forest Oil Co. 48 L. R. A. 748, which authorizes use of gas pump to increase production of oil well, though production of adjoining wells diminished.

Regulation of gas rates.

Cited in Muncie Natural Gas Co. v. Muncie, 160 Ind. 106, 60 L. R. A. 828. 66 N. E. 436, sustaining power of municipal corporation to enjoin gas company from violating contract as to gas rate.

Petition to establish pipe line.

Cited in Great Western Natural Gas & Oil Co. v. Hawkins, 30 Ind. App. 568, 66 N. E. 765, holding that petition of gas company to establish pipe lize must show that company is furnishing gas to public.

47 L. R. A. 637, RUSSELL v. MEYER, 7 N. D. 335, 75 N. W. 262.

47 L. R. A. 641, MCCABE v. ÆTNA INS. CO. 9 N. D. 19, 81 N. W. 426. Agent's admissions binding company.

Cited in footnote to Hall v. Union Cent. L. Ins. Co. 51 L. R. A. 288, which holds admissions by insurance agent after death of insured, that all premiums paid, binding on company.

47 L. R. A. 646, OWEN v. COOK, 9 N. D. 134, 81 N. W. 285.

47 L. R. A. 650, WILDEY CASUALTY CO. v. SHEPPARD, 61 Kan. 351, 59 Pac. 651.

Voluntary exposure to danger.

Cited in footnotes to Smith v. Etna L. Ins. Co. 56 L. R. A. 272, which holds. injury by fall from steps of moving train covered by policy, where assured was not intending to alight; Smith v. Etna L. Ins. Co. 64 L. R. A. 117, which holds steeple-chase riding by one giving occupation as cotton merchant, voluntary exposure to unnecessary danger; Small v. Travelers' Protective Asso. 63 L. R. A. 510, which holds attempt by experienced traveling man to board train running 8 or 10 miles an hour, voluntary exposure to danger.

47 L. R. A. 652, CROWLEY v. WEST, 52 La. Ann. 526, 78 Am. St. Rep. 355, 27 So. 53.

Uniform operation of ordinance.

Cited in Mandeville v. Bank, 111 La. 808, 35 So. 915, holding void, ordinance regulating sale of liquors, and which does not operate uniformly.

47 L. R. A. 656, PRIETO v. ST. ALPHONSUS CONVENT OF MERCY, 52 La. Ann. 631, 27 So. 153.

Habeas corpus by husband against wife.

Cited in State ex rel. Lasserre v. Michel, 105 La. 745, 54 L. R. A. 929, footnote

627-691.]

L. R. A. CASES AS AUTHORITIES.

1113

p. 927, 30 So. 122, holding habeas corpus by husband against wife for custody of child not "suit" within statutory prohibition.

Right to custody of child.

Cited in footnote to Stapleton v. Poynter, 53 L. R. A. 784, which upholds taking custody of child against its will from wealthy grandparent and giving to parent of moral habits.

47 L. R. A. 681, McCOY v. NORTHWESTERN MUT. RELIEF ASSO. 92 Wis. 577, 66 N. W. 697.

Suicide as affecting liability on policy.

Cited in Patterson v. Natural Premium Mut. L. Ins. Co. 100 Wis. 123, 42 L. R. A. 258, 69 Am. St. Rep. 899, 75 N. W. 980, holding policy not violated by intentional suicide while sane, in absence of exception in contract.

Distinguished in Supreme Lodge K. of P. v. Stein, 75 Miss. 119, 37 L. R. A. 778, 65 Am. St. Rep. 589, 21 So. 559, holding antisuicide clause in application for insurance by Knight of Fythias not binding upon applicant when provision adopted by board without power to impose condition.

Waiver of forfeiture of policy.

Cited in Kidder v. Knights Templars & M. Life Indemnity Co. 94 Wis. 548, 69 N. W. 364, holding forfeiture of policy waived by forwarding blanks for proofs of loss and requiring amendment showing insured's place of residence and death, necessitating expense in correcting proofs; Ledebuhr v. Wisconsin Trust Co. 112 Wis. 662, 88 N. W. 607, holding issuance of benefit certificate a waiver of by-law violated by insured designating beneficiary in will.

Conflict between by-laws and certificates.

Cited in Laker v. Royal Fraternal Union, 95 Mo. App. 366, holding that when by-laws of benefit association conflict with certificate, they are to be construed in favor of insured.

47 L. R. A. 685, RICKETSON v. MILWAUKEE, 105 Wis. 591, 81 N. W. 864. Municipal contract for work.

Cited in Mueller v. Eau Claire County, 108 Wis. 310, 84 N. W. 430, holding that contract for construction of insane asylum must be let to lowest bidder, not to one apparently more favorable to county; State ex rel. O'Donnell v. Benzenberg, 108 Wis. 439, 84 N. W. 858, denying mandamus to compel board of public works to enter into contract, accepted by council, when no plan of work on file; Packard v. Hayes, 94 Md. 251, 51 Atl. 32, holding no contract can legally be let under advertisement requiring each bidder to submit specifications.

Distinguished in Madison v. American Sanitary Engineering Co. 118 Wis. 511, 95 N. W. 1097, holding that surety on bond for performance of contract to construct sewage purification plant for city, cannot defend upon ground of illegal manner of awarding contract.

47 L. R. A. 691, SELLECK v. JANESVILLE, 104 Wis. 579, 76 Am. St. Rep. 892. 80 N. W. 944.

Stare decisis.

Cited in Cawley v. La Crosse City R. Co. 106 Wis. 240, 82 N. W. 197, holding

1114

L. R. A. CASES AS AUTHORITIES.

[47 L. R. A.

that conclusions reached in action by wife for personal injuries control husband's action as to same facts.

Right of wife to sue in own name.

Cited in Lonstorf v. Lonstorf, 118 Wis. 163, 95 N. W. 961, denying wife's right to maintain action for alienation of husband's affections under statute giving her right of action for injury to person or character.

Photographs as evidence.

Cited in Hupfer v. National Distilling Co. 114 Wis. 287, 90 N. W. 191, holding photographs of hoops of bursted vat inadmissible, proof not showing them to be same hoops which bursted; Paulson v. State, 118 Wis. 105, 94 N. W. 771, holding photographs of ruins of house burned to conceal murder and robbery admissible in criminal prosecution; State v. Miller, 43 Or. 328, 74 Pac. 658, holding admission of photographs which did not explain anything and which were not true representations, error.

Cited in footnotes to Livermore Foundry & Mach. Co. v. Union Compress & Storage Co. 53 L. R. A. 482, which holds photographs of wrecked machinery, taken immediately after accident, admissible; Geneva v. Burnett, 58 L. R. A. 287, which holds X-ray picture admissible.

Liability for personal injury.

Cited in Green v. Nebagamain, 113 Wis. 515, 89 N. W. 520, reversing judgment including damages for loss of services and expense of sickness, in action by wife for personal injuries; Joliet v. Le Pla, 109 Ill. App. 340, holding city not relieved of liability for personal injuries resulting from hole in street, on ground that one injured did not use care in selecting physician; Texas & P. R. Co. v. McKenzie, 30 Tex. Civ. App. 296, 70 S. W. 237, holding aggravation of injury by unskilled treatment no defense to railroad company for negligent injury.

Cited in footnotes to Teagar v. Flemingsburg, 53 L. R. A. 792, which holds mere building of step in sidewalk not negligence rendering city liable for injury to pedestrians; Maguire v. Sheehan, 59 L. R. A. 496, which sustains liability for entire injury caused through negligence, though shock brought on delirium tremens, retarding recovery; Texas & P. R. Co. v. White, 62 L. R. A. 90, which denies liability of person causing injury, for aggravation due to injured person's neglect to obtain surgical assistance.

47 L. R. A. 695, FINLEY v. PRESCOTT, 104 Wis. 614, 80 N. W. 930. Signature by mark.

Cited in Iowa Loan & T. Co. v. Greenman, 63 Neb. 270, 88 N. W. 518, holding judicial appraisement of land signed legally when attested by mark.

47 L. R. A. 696, SAMPLE v. LONDON & L. F. INS. CO. 46 S. C. 491, 57 Am. St. Rep. 701, 24 S. E. 334.

When limitation begins to run against suit on policy.

Cited in Boston Marine Ins. Co. v. Scales, 101 Tenn. 641, 49 S. W. 743, holding that period within which action must be brought on policy begins at expiration of the sixty days reserved for arbitration; Farmer's Co-op. Creamery Co. v. Iowa State Ins. Co. 112 Iowa, 610, 84 N. W. 904, holding statute as to time within which actions may be brought, without effect on rights under policy, vested before

enactment.

691--715.]

L. R. A. CASES AS AUTHORITIES.

1115

47 L. R. A. 709, HARRISON v. HARTFORD F. INS. CO. 102 Iowa, 112, 71 N. W. 220.

Revocation of stipulation to arbitrate.

Second appeal in 112 Iowa, 78, 83 N. W. 820, holding commencement of suit on policy, revocation of stipulation to arbitrate.

Commencement of actions.

Cited in Smith v. Callanan, 103 Iowa, 223, 42 L. R. A. 484, 72 N. W. 513, holding delivery of notice to sheriff for service, commencement of action to redeem from tax sale and quiet title; Farmer's Co-op. Creamery Co. v. Iowa State Ins. Co. 112 Iowa, 609, 84 N. W. 904, holding statute as to time within which actions may be brought without effect upon rights under policy, vested before enactment; Garretson v. Merchants & B. F. Ins. Co. 114 Iowa, 20, 86 N. W. 32, and Wilhelmi v. Des Moines Ins. Co. 103 Iowa, 537, 72 N. W. 685, sustaining limitation as to time within which suit may be brought on policy; Hawley v. Gridin, 121 Iowa, 697, 97 N. W. 86, holding that action by heirs of insane person to redeem from tax sale must be commenced within year from latter's death.

Cited in note (47 L. R. A. 711) as to when stipulation limiting time for suit on insurance policy begins to run.

47 L. R. A. 715, SULLIVAN. v. DUNHAM, 161 N. Y. 290, 76 Am. St. Rep. 274, 55 N. E. 923.

Liability for consequential injuries.

Cited in Lersner v. McDonald, 38 Misc. 735, 78 N. Y. Supp. 1125, and Wheeler v. Norton, 92 App. Div. 371, 86 N. Y. Supp. 1095, holding contractors liable for damages resulting from breaking of water main by explosion of blast; Curley v. Electric Vehicle Co. 68 App. Div. 20, 74 N. Y. Supp. 35, holding dismissal of complaint in action for damages resulting from backing electric cab against horse at cab stand, error; Fries v. New York & H. R. Co. 169 N. Y. 284, 62 N. E. 358, denying railroad's company's liability for consequential damages sustained by erection of steel viaduct under legislative direction; Fitz Simons & C. Co. v. Braun, 94 Ill. App. 537, holding contractor liable for injuries to building resulting from underground blasting; Sadlier v. New York, 40 Misc. 85, 81 N. Y. Supp. 308, holding city liable for damages to building resulting from water and slush falling upon it from bridge; Duerr v. Consolidated Gas Co. 86 App. Div. 20, 83 N. Y. Supp. 714, holding both owner and contractor liable for injuries resulting from bursting of water tank through weakened condition of iron plates, due to owner's direction that rivet holes be punched instead of drilled.

Cited in footnotes to Osborne v. Van Dyke, 54 L. R. A. 367, which holds one unlawfully beating his horse liable for injury from unintentional blow to bystander; Cleghorn v. Thompson, 54 L. R. A. 402, which denies liability of both master and servant for accidental shooting of man by servant while lawfully shooting at troublesome dogs; Texas & P. R. Co. v. Carlin, 60 L. R. A. 462, which sustains liability for negligence likely to produce injury, though particular injury not anticipated.

Contributory negligence.

Cited in Cary v. Morrison, 65 L. R. A. 663, footnote p. 659, 63 C. C. A. 271, 129 Fed. 181, holding it question for jury whether one guilty of contributory

1116

L. R. A. CASES AS AUTHORITIES.

[47 L. R. A. negligence by remaining in dangerous proximity to blast after repeated warnings to leave.

Review of questions not excepted to on trial.

Cited in Wangner v. Grimm, 169 N. Y. 427, 62 N. E. 569, holding that failure to take exceptions on trial to questions of law bars review on appeal.

47 L. R. A. 721, Re RUTLEDGE, 162 N. Y. 31, 56 N. E. 511.

Right to extra allowance.

Cited in Re Bicknell, 31 Misc. 307, 64 N. Y. Supp. 360, denying assignee's right to compensation for services performed by attorney, which he should have done himself; Re Welling, 51 App. Div. 358, 64 N. Y. Supp. 1025, denying surrogate's authority to grant unsuccessful legatee's or remaindermen extra allowances.

47 L. R. A. 725, HOWARTH v. ANGLE, 162 N. Y. 179, 56 N. E. 489. Enforceability of stockholder's liability.

Cited in Wigton v. Kenney, 51 App. Div. 215, 64 N. Y. Supp. 924, holding that receiver of insolvent foreign corporation may enforce stockholder's individual liability in state; Bank of China v. Morse, 168 N. Y. 481, 56 L. R. A. 148, footnote p. 139, 85 Am. St. Rep. 676, 61 N. E. 774, holding assessment under English statute in proceedings to wind up corporation for benefit of reorganization scheme, not enforceable against resident; Sigua Iron Co. v. Brown, 171 N. Y. 502, 64 N. E. 194, sustaining foreign receiver's right to sue resident for unpaid calls upon asBessable capital stock; Straw & E. Mfg. Co. v. L. D. Kilbourne Boot & Shoe Co. 80 Minn. 136, 83 N. W. 36, sustaining assessment upon resident stockholders of foreign insolvent corporation; Commonwealth Mut. F. Ins. Co. v. Hayden Bros. 61 Neb. 457, 85 N. W. 443, denying power of court having jurisdiction over affairs of insolvent corporation, to render personal judgment against stockholder not party; Tompkins v. Blakey, 70 N. H. 588, 49 Atl. 111; Childs v. Cleaves, 95 Me. 516, 50 Atl. 714; Howarth v. Lombard, 175 Mass. 579, 49 L. R. A. 307, footnote p. 301, 56 N. E. 888,-authorizing suit to enforce stockholder's liability to foreign corporation; Pfaff v. Gruen, 92 Mo. App. 572, overruling demurrer to complaint to enforce stockholder's liability to insolvent foreign corporation; Aldrich v. McClaine, 45 C. C. A. 634, 106 Fed. 794, holding stockholder bears contraetual relation to national bank, so that action to enfore individual liability is maintainable within three years after accrual of right; Kirtley v. Holmes, 52 L. R. A. 743, footnote p. 738, 46 C. C. A. 107, 107 Fed. 6, sustaining right to enforce stockholder's liability in courts of his domicil; Hutchinson v. Stadler, 85 App. Div. 437, 83 N. Y. Supp. 509, holding director of foreign corporation liable to account for part of dividends declared illegally.

Cited in footnotes to Finney v. Guy, 49 L. R. A. 486,, which holds action to enforce stockholder's liability not maintainable out of state; Fidelity Ins. Trust & S. D. Co. v. Mechanics' Sav. Bank, 56 L. R. A. 228, which holds stockholder's liability enforceable in Federal court, or any court where personal service obtainable; Blair v. Newbegin, 58 L. R. A. 644, which sustains right to enforce stockholder's liability in other state without making corporation a party. Law of comity as to perjury statute.

Cited in People v. Martin, 175 N. Y. 322, 96 Am. St. Rep. 628, 67 N. E. 589, holding that section of penal Code relating to false swearing applies to oaths taken in compliance with laws of another state.