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71. Allentown. Assessment for laying of
water pipes; rural and suburban property.
Allentown v. Adams (Pa.)
195

72. Baltimore. Power to regulate porches
in Mt. Vernon Place.
Garrett v. Janes (Md.)

403

62. When the fall of rain or the melting of
adjoining snow is suddenly followed by severe
cold which covers the walks with a layer of
ice, and makes them slippery and dangerous,
73. Brooklyn. Street railways; conditions
and which it is practically impossible to re-imposed by common council.
move until a thaw comes, the municipality is
not negligent for awaiting a change of
temperature which will remedy the evil.

Id.

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Re Kings Co. Elevated R. Co. (N. Y.) 232
74. Assessment for water rates, under Laws
1859, chap. 396, § 23; statute unconstitutional.
Remsen v. Wheeler (N. Y.)

691

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Where there is a contest over municipal
office, business of corporation must stop un-
til decision reached. (Pa.)
156

Right of eminent domain; damages.
(Pa.)

214
Localimprovements; assessment; against
whom directed. (N. Y.)
692
Rural land is not subject to the "foot front
rule" assessment. (Pa.)

BRIEFS AND NOTES.
Identity of name is identity of person.
203

(Pa.)

NEGLIGENCE. See CARRIERS; MASTER
AND SERVANT; MINES AND MINING; Mu-
NICIPAL CORPORATIONS, VI.; PHYSICIAN
AND SURGEON; TURNPIKE COMPANIES.
1. When a structure has uniformly
proved safe, its use may be continued with-
out the imputation of carelessness.

Laflin v. Buffalo & S. R. R. Co. (N. Y.) 793
2. Where the evidence showed that when
deceased approached a railroad track he
198, 199 stopped, looked and listened, and the conten
Application of the "foot front rule" assess-tion was whether the place where he stopped
ment. (Pa.)

199 was a suitable one to see and hear, and
whether due effort was made to ascertain if a
train was approaching, held, it was not error
for the court to refuse to instruct the jury that
plaintiff could not recover.

Doctrine of dominant and servient tene-
ments, as applied to agricultural lands, ex
tends to city lots. (Pa.)

146

Supplying water to a city is not munic-
ipal duty. (Pa.)

909
Assessments for laying of water pipes. (Pa.)
609, 911
Change of grade of streets; damages.
(N. Y.)

679

Penn. & N. Y. Canal & R. R. Co. v. Heuff
(Pa.)
640
3. One attempting to cross a railroad
track in plain sight of a near approaching
engine is guilty of contributory negligence.
Kelley v. Penn. R. R. Co. (Pa.)
868

4. Where plaintiff in an action against a
town for injury received from an alleged de-
fect in a highway, was much intoxicated,
and no reasonable excuse appeared for his
walking off the road, there was a lack of proof
that he was free from contributory negligence.
Monk v. New Utrecht (N. Y.)

Not liable for damages for raising grade of
street, and obstructing flow of surface water
from adjacent land. (Pa.)
147
Defective ways; liability. (N. Y.) 45, 46,
241, 242
Want of funds is not good defense to action
against municipality for damages for injuries
from defective ways. (N. Y.)
242
Discretion of highway commissioners in
making repairs. (N. Y.)
241
Duty to keep sidewalks clear of snow and dissent.
ice. (N. Y.)

Sidewalks are parts of highway.
Defective way; extraordinary

(Pa.)

Frightening horse. (Pa.)

Notice of. (N. Y.)

45

240

5. The presence of an infant, seventeen
months old, unattended, upon a railroad
track is, unexplained, proof of carelessness
on parent's part. Danforth and Andrews, JJ.,

Chrystal v. Troy & B. R. R. Co. (N. Y.) 245
(N. Y.) 47 6. After discovering the peril of a child, all
accidents. that an engineer is bound to do is to use
163 reasonable diligence and care to avert it. Id.
163, 164 7. An engineer has the right, in broad
45-47 | daylight when his train is visible and its ap-
proach can be heard, to assume that a seven-
teen months' old child will leave the track
in time to escape injury.

45

Admissibility of ordinances. (N. Y.)
Evidence of subsequent repairs. (Md.) 411
Proof of former accidents happening at
same place. (N. Y.)

Id.

8. A railroad company is not respon-
45 sible for any error in judgment on the
Actions against; costs. (N. Y.) 76 part of an engineer as to the speed of his
Particular charters. Brooklyn; dis train, the distance, age, and peril of the child,
missal of member of fire department without and his ability to stop the train in time to pro-
hearing. (N. Y.)
770, 771 tect him.
Id.
Newark; burial ground. (N. J.) 458, 459
New York; wharves; harbor commission-
ers' line. (N. Y.)
302-304

Lien of labor for work upon public build-
ings; contract of school trustees. (N. Y.) 266
Philadelphia; water pipes; assessment. (Pa.)
909-911

Saratoga Springs; liability for injuries from
defective ways. (N. Y.)
46

MURDER. See HOMICIDE.

9. Evidence that deceased, a short time
before his death, said that he was tired of
life and did not care to live, and evidence
tended to show he was a habitual drunkard, is
admissible, and may be considered by the
jury on the question of damages.
Disbrow v. Ulster (Pa.)

827

10. Evidence of a simple declaration of
plaintiff after the injury that he was then suf-
fering pain, is hearsay, and not admissible.
Roche v. Brooklyn, etc. R. R. Co. (N. Y.)

702

11. Evidence of exclamations indicative | plaintiff's evidence every reasonable inference of pain made by party injured is admissible. of fact in his favor. Authorities cited.

Roche v. Brooklyn, etc. R. R. Co. (N. Y.) 702 12. Whether a deckload on a canal boat was properly covered so as to protect it from rain, is not a subject for expert testimony; it is a question for the jury. Schwinger v. Raymond (N. Y.)

BRIEFS AND NOTES.

747

Jones v. Bland (Pa.)

859

2. In an action by a sheriff on the bond of a deputy, to recover damages suffered by the plaintiff by reason of a false return alleged to have been made by the deputy, the answer of one of the defendants put the making of the return in issue; but the answers of the other defendants admitted the making of the return by the deputy, but alleged facts in justification thereof. The plaintiff failed to show that the return was made by the deputy. Held, that a nonsuit was proper as to the defendant 73 who had raised an issue as to the making of the return, but was erroneous as to the

Liability of warehouseman; extraordinary accident. (Pa.) 489

Recovery at common law. (N. Y.)
Proximate and remote cause.

169
724

others.

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(Pa.) 490

Presumption of. (Pa.)

Act of God. (N. Y.)

Railroad crossing; duty of

traveler to

stop, look, and listen. (Pa.)
Duty of company to give signals.

641, 869

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598 Motion for is equivalent to demurrer to evidence. (Pa.) 146

(Pa.) 168,

NOTES. See BILLS AND NOTES.

641, 873

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NOTICE. See DEED, III.; JUDGMENT, 22;
LIEN, 5, 17; MUNICIPAL CORPORATIONS,
VI. c; TAXES, V. c.

Notice of an unrecorded deed to an at869 torney or agent, is equivalent to notice to Dickerson v. Bowers (N. J.) 872

Infants. Note. (N. Y.) 245, 246; (N. Y.) 73 principal.
Imputable. (N. Y.)

246

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2. Where the City of Rochester caused a nuisance within the Town of Brighton, by the discharge of sewage, after it was collected in the sewers, into open drains constructed by the city across lands in the town, and continued this discharge after it was prohibited by an orVerdict against evidence. (N. Y.) 676 der of the board of health of the town, and Verdict not disturbed, where there has continued also to use the ditches it had conbeen a trial on the merits and defendant has structed in the town, held, that the order not been misled. (Pa.) 640 of the board of health of the town could 573 be properly served on the city: and that the board could maintain an action against 278 the city, to enforce its regulation and to restrain a continuance of the nuisance. Gould v. Rochester (N. Y.)

Misleading instructions. (Pa.)
Practice. (N. Y.)

NOMINAL DAMAGES. See BILLS AND
NOTES, 3.

99

3. Service of notice upon a nonresi. NONRESIDENT. See ATTACHMENT, II. dent out of the jurisdiction, although he

NONSUIT.

1. On a motion for a compulsory nonsuit, it is the duty of the court to deduce from

owns the premises on which the nuisance ex-
ists, followed by the mere omission to act
thereunder, will not render him liable to in-
dictment. Authorities cited.
Id.

101

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4. The acts of public officers de facto, coming in by color of title, are valid when they concern the public or the rights of third persons who have an interest in the act done. Adams v. Mengel (Pa.)

184

5. An acknowledgment of a mortgage before a justice of the peace who has qualified as clerk of the oyer and terminer and Id. quarter sessions is valid.

6. Public officers having at least a colorable title to offices, their right cannot be questioned in any other form than by writ of quo warranto at suit of Commonwealth. Authorities cited. Id.

185

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273

People v. Supers. of Kings Co. (N. Y.) 11. An indictment against a defaulting tax collector need not aver that the money is still detained; and it is sufficient if it avers that defendant was collector of the state and county taxes for the county, and as such collected the taxes for the year. State v. Nicholson (Md.) 415

BRIEFS AND NOTES.

Election certificate is prima facie evidence of election to office. (Pa.)

157

771

Summary dismissal. (N. Y.) Power of appointment implies power to remove. (N. Y.)

771

Title to office; quo warranto. (Pa.) 186 Presumption of performance of official duty. (Ñ. Y.)

283

Discretion of public officers. (N. Y.) 269
156
Officer de facto defined. (Pa.)
Validity of acts of. (Pa.)
156-7, 186
Salary; statutory regulation; waiver.
274

(N. Y.)

Action by taxpayers against officers, to pre768 vent illegal official acts. (N. Y.) Presumption of validity of official acts.

(N. J.)

111

In actions against officers, it is sufficient 156 to prove that they acted as such. (Pa.) OPINIONS. See EVIDENCE, VIII. ORDINANCES. See MUNICIPAL CORPORATIONS, II.

ORPHANS' COURTS. See COURTS, 5,6.
PARENT AND CHILD. See FRAUD
AND FRAUDULENT CONVEYANCE, 15;
GUARDIAN AND WARD; INFANTS; SEDUC.
TION.

1. To sustain an order for the support of minor grandchildren under Acts June 13, 1836, and April 15, 1857, the record must be regular in form and must show that the quarter sessions had jurisdiction of the party and the subject matter.

James' Appeal (Pa.)

665

2. The court of quarter sessions has no power to make the order, unless the petition is by some one having an interest in the sup port of the poor person. Id.

3. Such order cannot be enforced by attachment. Id.

BRIEFS AND NOTES.

Voluntary conveyances; validity; inten768 tion. (Pa.) 545-547

IV.

PARTIES. See ACTION OR SUIT, 3-11;

10. The board of supervisors fixed the sal- PAROL EVIDENCE. See EVIDENCE, aries of the district attorney, his chief clerk and other subordinates, at certain sums, but thereafter, by resolution, included in the budget a sum less than the aggregate of amounts fixed by the first resolution. Held, that a chief clerk appointed under such arrangement, and

APPEAL, 16; CORPORATIONS, 28; DEVISE
AND LEGACY, 1; INTERPLEADER, 1; PAR-
TITION, 8.

PARTITION.

1. Where a mortgage is given by a part owner during proceedings in partition to which he is a party, and at the sale in such proceedings the land is purchased by and conveyed to trustees for the beneficial owners of the property, held, that the legal title of the mortgagor was extinguished and the mortgage attached, but in equity only, to the equitable interest of the mortgagor in the prop erty, and that when, on the division thereof, such part owner obtained title to the part allotted to him, such mortgage cannot be maintained beyond the extent of the mortgagor's interest in the property, and that a lien for purchase money of such part owing by him was paramount to the mortgage.

United N. J. R. R. & C. Co. v. Long Dock Co. (N. J.) 920 2. A voluntary partition of land between the owners thereof is not binding upon the holders of the existing liens upon the property, unless they consent thereto. Authorities cited. Id. 921

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14. Where conveyances of portions of such land given by the purchaser contained only special warranties which were distinct covenants that he was not to be answerable for any losses which might occur from assertion of a title superior to his own, and a permanent title is subsequently satisfied entirely out of portion of property which remained in his hands, held, that he must be indemnified so that the entire tract may be assessed ratably to make up the value of the portion allotted to the claimants by such superior title; the basis of estimation being the value of the ground considered irrespectively of the imId. provements. Bryan, J., dissenting.

15. When land leased for a term of years is to be assessed, the assessment must be levied on lessee and reversioner in proportion ld. to the value of their holdings.

3. Where the title of all parties is set forth in the petition, and it appears that the dispute respecting it has been adjudicated, and in consequence the tenants in common are in joint possession, the mere denial of the tenancy and right of partition is not enough to require (Md.) the court to suspend proceedings until another trial of the right of some of the parties. Wistar's Appeal (Pa.) 651 4. Some defect in the petition must be pointed out or adverse possession averred, to justify the court to refuse to proceed. Id. 5. In such proceeding a plea may be treated

as an answer.

ld.

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BRIEFS AND NOTES.

Joint tenants and tenants in common. 446 As between a sale and the actual partition, courts incline to latter alternative. (Md.) 444, 445 Claim of adverse title. (Pa.) 655 No appeal lies from award of inquest.

(Pa.)

Improvements. (Md.) PARTNERSHIP.

655 444, 445

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2. A partner who, after the dissolution, has disposed of the partnership property, collected debts due the firm, and paid debts due from it, cannot be excused from ac counting on the ground that he has paid out more for the firm in paying its debts than he 462 has received from the assets.

9. Proceedings in partition are relevant to show that defendant accepted a deed for the land named in such proceedings.

Hunt v. Hunt (N. J.)

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Sharp v. Hibbins (N. J.)

919

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