Imágenes de páginas

contracts made for their principals; liability of pro- (Our learned friend misapprehends the ground of moters; liability of directors; statutory liability of our animadversion. We did not deny the right of directors; personal liability of presidents, cashiers,

a judge to comment on the testimony, conduct, or and other executive officers of corporations; liability of sureties on the bonds of officers of corporations.

demeanor of a witness, although we intimated that Of the 33 leading cases reported, 11 are English, 1 from we thought the right was often abused. What we Canada, 5 from Massachusetts, 5 from New York, 3 endeavored to rebuke was the moral lecture read by from New Hampshire, 3 from Pennsylvania, 2 from the judge to a witness, who, it was not pretended, Maine, and 1 from each of the States of Rhode Island,

had committed any crime, or who had not told the Michigan and Florida. The book has an appendix of statutory and constitutional provisions. The book is

exact truth, and whose action thus condemned by well printed; indeed, St. Louis publishers now stand the judge was outside the domain of the law, and in the front rank.

a mere matter of political conduct. We notice that

the leading independent newspapers take the same CORRESPONDENCE.

view as ourselves. We do not object to Samson on JUDGE DAVIS.

the bench, but we advise him to eschew that strong Editor of the Albany Law Journal:

man's favorite weapon. — Ed. Alb. L. J.] Its fearlessness and independence combined with its undoubted ability have given to your JOURNAL its commanding influence, and it therefore becomes every NEW YORK COURT OF APPEALS DECISIONS. faithful friend to insure that its influence is exerted in the right direction. True manliness demands de

THE following decisions were handed down Tuesday, fense as well as attack. It is often easier to condemn

T Nov. 30, 1880: than to commend

Judgment affirmed with costs -- Loeb v. Hellman;

The Eaton, Cole & Burnham Co. v. Avery; Peckham v. I think, and would like to convince you, that you

Van Wagener; Bergen v. Uhrbahn; The National Bank erred in your attaek upon Judge Davis. While we

of Neuburgh v. Bigler.- Judgment reversed and new have such pigmies on the bench, let not our Samson be trial granted, costs to abide event -- Hilton v. Vandershorn, unles he threatens the temple of justice. If he | bill. — Judgment of General Term reversed and that does, off with his locks and out with his eyes; bind of Special Term affirmed with Jeavo to defendants to him and blind him. If he does not, if the temple is

answer on payment of costs.- Marie v. Garrison.

Order of General Term reversed, and that of Special not in danger, let him alone; his personal conduct is

Term affirmed with costs -- Ranney v. Peyser. - Orcomparatively unimportant.

der of General Term reversed, and judgment on rerThe spirit of your article is summed up in its closing dict affirmed with costs - Painton v. The Northern word, “busybody." This involves a question of right, Central Railway Co.- Orders of General Term and not of taste. De gustibus non disputandum." Were

Special Term reversed without costs - Geib v. Toppirg. it otherwise, a law journal bas higher aims than discussions of taste. Nor is the question limited to Judge The following decisions were handed down WednesDavis alone. It is a grave question for the profession, day, Dec. 1, 1880: bench and bar alike. A busybody is a meddler, one Judgment affirmed, with costs-Canaday v. Krum; who interferes in matters with which he has no legiti Zimmerman v. Erhard; Jones v. Benedict; Harris v. mate concern. In applying that opprobrious epithet

Tumbridge; Kinghorn v. Wright; Gotendorf v. Goldto Judge Davis in your remarks upon the Philp trial,

| schmidt; Callmeyer v. The Mayor, etc., of New York;

Wooley y. The Grand Street and Newtoun Railroad I contend that you were positively and unqualifiedly

Co.-Judgment reversed and new trial granted, costs iu error.

to abide event-The St. Nicholas Insurance Company The following propositions must be conceded, and if v. The Merchants' Mutual Fire and Marine Insurance conceded, demonstrate that fact: Judge Davis, as chief Company; Clark v. McCann.-Judgment reversed * justice of the Supreme Court in the First Department,

and demurrer overruled, with leave to defendant to

answer on payment of costs-Horn V. The Town of lawfully sat as committing magistrate in the Philp

New Lots. -Order reversed and judgment modified case. The illustrious example of Chief Justice Mans

by deducting therefrom the additional allowance, aud field in a similar case, cited by Judge Davis, is in point. as so modified, atfirmed without costs to either party

As such magistrate, where the prosecution refused in this court-Weaver v. Ely. to accept a waiver of examination, it was his sworn duty to take the testimony of the witnesses for the prosecution and defense. In rendering his decision he

NOTES. had the right to give a written opinion stating the conclusions at which he had arrived. In that opinion he The American Law Register for November has an. might review the evidence, state the facts proved and article on Voidable and Void Judgments, by Frederick his conclusions of law. In reviewing the evidence, he J. Brown; the case of Corporation of London v. Riggs, had the right to refer to any particular witness, collate concerning right of way by necessity, with note by the evidence given by other witnesses on the same sub Edmund H. Bennett; the case of Cotton v. Gregory, ject, and state his convictions respecting the accuracy

concerning fraudulent delivery of escrow, with pote or truthfulness of such witness, although he was not by M. D. Ewell. The current number of Abbott's the accused. The books are full of similar cases. Jury | New Cases contains a note on special public officers as trials constantly witness such procedure. Errors in agents of the State or municipality. buch statements neither demonstrate nor emphasize an improper interference of the judiciary. Such errors

Mr. Hall's excellent treatise on International Law, are protected in the doctrine of judicial irresponsi- which we noticed at page 238, is published by Macmillan bility.

& Co., New York, and is sold in Albany by E. Ellis & If the foregoing propositions are sound in law, then | Co.-We have received a communication ou jury Judge Davis, in making comments upon a witness in trial, which we should like to publish, if only for the the Philp investigation, did what he had a right to do, reason that the writer does not agree with our views, and acted judicially, and not as one concerning him but it is anonymous, and we never publish anonymous self about other men's matters.

communications.-Mr. John T. Wheelwright, a risièg WM. HENRY ARNOUX. young lawyer of Boston, says of chief-justice Gray, NEW YORK, Nov. 24, 1880.

“his head rises above the region of perpetual hair."

setts has 157, while Georgia has 18, North Carolina The Albany Law Journal.

19, South Carolina 20. This is the first delusion.

The second is Mr. White's assumed elimination of ALBANY, DECEMBER 11, 1880.

the effect of “foreign-born immigration upon the

criminal record of the United States." He cannot CURRENT TOPICS.

eliminate it. Among his native-born white populaTHE Secretary of State, the Comptroller, and the

tion are a great number of children of immigrants,

which are really a foreign element. The proportion I State Reporter, constituting the board empowered

of foreigners to natives in New England was 1 to 7, to award the contract for publishing the Court of

while in the six Southern States it was not more Appeals Reports of this State, have awarded the

than 1 to 25. The third delusion is the argument contract for three years to Weed, Parsons & Co.,

derived from the population of the poor-houses and publishers of this JOURNAL, at the price of $1 per

prisons. The apparent advantage on the side of the volume when delivered over their counter, and $1.30 when delivered by mail or express, delivery

South springs simply from the unquestionable fact

that in those Status paupers were not supported nor to be prepaid. The board adopted the sensible res

criminals punished in any proportion approaching

that which prevailed in New England. So much the fair cost, and thus got rid of the abuses and an

for Mr. White's statistics and his argument. It is noyances which have attended the late contract.

quite probable that a new estimate, founded on the The new publishers certainly will not grow rich out

present census, might show much more favorably for of the contract; indeed, the price will barely cover

New England and education. Let Mr. White try expenses; but the public may be sure that the con

his hand on fresh materials, and bring in New York tract will be cheerfully, faithfully, and promptly ful

for the North, and embrace Texas among the Southfilled. The reports are ridiculously cheap at this

ern States, and we think the cause of education price, and by far the cheapest in the world. Two

would look up. In the mean time Mr. White ought dollars a volume would be about a fair price. These

not to say a word against the education of New reports really ought to be published by the State.

England, which furnishes him so many readers and As it now stands, the series is owned by three different publishers, always "by the ears," and unwill

his works are more popular among the criminal than ing to sell to one another, so that it is a difficult and

among the virtuous classes. We are somewhat reannoying matter to obtain a complete set.

lieved by learning that Dr. Hammond thinks that

insanity is gradually becoming milder, and that he We barely alluded last week to the fine mare's

attributes this to popular education. nest discovered by Mr. Richard Grant White, namely, that education leads to pauperism and crime. We suppose Mr. White himself, being one of the best Mr. Bergh does not believe much in prison libraeducated men in our country, has only been saved ries, prison schools, or prison preaching. If Mr. from the poor-house or the penitentiary by dint of Bergh is to be taken at his own word he is much arduous straining and holding back. But let us | tenderer of dumb beasts than of mankind. This is glance at Mr. White's statistics. The six New Eng the natural result of turning the sympathies for a land States in 1860 had a native white population of great many years into a single channel. One can2, 666,000, of which only 8,543 adults could not not reasonably be expected to make it his sole busiread and write; a proportion of 1 to 312. In Dela- | ness to defend animals from the cruelty of men, and ware, Virginia, Maryland, North Carolina, South to have much spare sympathy for men. So Mr. Carolina, and Georgia, there were at the same time | Bergh says, “if a man cannot live without murder3,182,000 native white inhabitants, of whom about ing somebody, he must be got out of the way - I 263,000 could not read and write; a proportion of say kill him.” He would abolish all the peniten1 to 12. In the New England prisons at the same tiaries, and substitute the whipping-post. He adtime, there were 2,459 criminals, and in those of mires the bastinado. “As for the criminal, when the six Southern States only 477. New England he leaves prison, my advice to him is to profit by culture, therefore, furnished 1 native white criminal | the punishment, and go away off somewhere where to every 1,084 inhabitants, while the ignorance of nobody knows him, and build up for himself a new the Southern States produced only 1 to every 6,670; name. It is utterly out of the question for him to a disproportion of more than 6 to 1. At the same | rise to be a respectable citizen in the place where time New England had 1 publicly supported pauper | his crime was committed. He cannot do it. It's a to 178 inhabitants, while the six Southern States sad fact, Mr. President, but it is true. You cannot had but 1 to 345. Now this looks prima facie, as change human nature.” This is the humane gentleif a little learning were a dangerous thing. But Mr. man whose heart bleeds for a belabored jackass, White's basis of reasoning is delusive. Crime and and who goes into hysterical weeping over a pig pauperism are always most prevalent where popula- scalded rather than stuck. Put Mr. White and Mr. tion is the densest, as in our large cities, both North Bergh together in charge of public affairs, and we and South. In New England there are about 50 should have a rare world. By all means let us abolpeople to a square mile, while in the six States ish common schools and set up the whipping-post, named above there are only about 33. Massachu- 1 and give the criminal to understand that he can

VOL. 22.- No. 24.

never redeem himself. This will encourage the the resignation of Mr. Justice Swayne we earnestly others. First, Mr. White to promote ignorance, hope it will be supplied from one of the Southern and then Mr. Bergh to wale the ignorant for not Atlantic or Gulf States. This is due to that region. knowing better than to sin. If one wishes to sec We are confident that there are lawyers there fit for the hardest-hearted man on earth let him look at a the office, and we dare say some one of them could professional humanitarian; and if one would see a be induced to accept it. In our own State the presman who has no faith in education for the common | ident would have ample materials for selection. Expeople, let him look at him who has gotten so much Secretary Bristow, or ex-Judge Dillon, would shed more than his share that he regards learning as the luster on the post, being both in the prime of their monopoly of himself and a few others. Truly, our mental and physical powers, and having exceptional wise men are talking a great deal of nonsense just gifts and attainments for this elevated judicial stanow,

tion. We say this without personal acquaintance

with either of these gentlemen, and upon the asOur readers will be greatly interested in the me

sumption that a Republican would naturally be moir of Lord Chief Justice Cockburn in another

selected to succeed Mr. Justice Hunt. It would be column. The writer has exceptional advantages for

a graceful act to appoint a Democrat in place of Mr. speaking of the great judge, having known him for

Justice Clifford, and the court would be none the 40 years, and having witnessed some of his greatest

worse even if it were more equally divided in poliforensic successes. There must be two opinions,

tical opinion than at present. however, about Chief Justice Cockburn's conduct on the Tichborne trial, and about his domestic vir

A movement has been organized by the Municipal tues. It is our opinion, derived from reading and

Society of the city of New York for the reduction listening to witnesses, that Mr. Kenealy had quite

of the expenses of the judiciary and law departas much to suffer from the judge as the judge had

ment in that city. These expenses now amount to to bear from him. Nor do we believe that “evil

$1,250,000 annually, and it is sought to reduce them should be to him who thinks evil” of the chief

to $800,000 or $850,000. This is a much needed justice's irregular domestic life. There is altogether

reform. We see no reason for paying the higher too much truckling to and condonation of such

judges in that city $15,000 a year, while judges of faults in great men. It is bad enough for a king or

the same rank outside the city, and even the a pripce to keep mistresses and breed bastards, but

judges of the Court of Appeals, get only half as these things in a judge are monstrous, not to be ex

much. The police justices in the city have $6,000 cused or winked at. No man, however great, can

a year, or as much as cabinet officers. There can be be a law unto himself, and he who enforces the law,

no doubt that the judges in the city are most exshould keep it. The domestic virtue of Lord Eldon

travagantly paid. It is proposed, however, to re"smells sweet and blossoms in the dust," when con

duce the salaries of the Supreme Court judges only trasted with the lawless and defiant domestic con

to $10,000, or the same that the judges of the Fedduct of Lord Chancellor Thurlow and Lord Chief

eral Supreme Court receive; and those of the judges Justice Cockburn, and if the talents and virtues of

of the Superior Court and Court of Common Pleas the latter are worthy of admiration, their vices are

to $8,000, while those of the police justices are to surely proper matter of warning and rebuke.

be reduced only to $5,000. It was stated in the

meeting that & judge of the Superior Court has It is probable that several vacancies will soon occur

been suffering from softening of the brain, and has in the Federal Supreme Court. The health of Jus

| not done a day's work in two years, but has drawn tices Clifford and Hunt is such that they will proba

| his salary. If this is correct, this is an abuse. Why bly never sit in court again, and it is rumored that do not those stalwart reformers, the Bar Association. Justices Swayne and Strong will soon resign. This

take hold of these matters? It was stated in the will leave places to be filled which are now occupied

meeting of the Municipal Society that “they don't by residents of Maine, New York, Pennsylvania, and

touch delicate matters over there." Has the assoOhio. The remainder of the court consists of Chief

ciation degenerated since the days of the “ring" Justice Waite, of Ohio; Mr. Justice Bradley, of New judges ? It is a great deal better for the bench to Jersey: Mr. Justice Harlan, of Kentucky; Mr. Jus- I have a healthy fear of the bar. than for the bar to tice Miller, of Iowa; Mr. Justice Field, of Califor- | be slavishly afraid of the bench: and if the lawyers nia. It is to be hoped that in the new appoint

in New York will lay hold of this abuse by concert, ments some regard will be had to geographical dis

the judges will not be able, even if inclined, to motribution. The proper South is now without any | lest them. The Municipal Society has our hearty representative on this bench. She certainly ought

sympathy and concurrence in this matter, while to to have one, if not two. New England, New York the Bar Association we look with curiosity. and Pennsylvania will of course expect the successors of their respective representatives to be taken

NOTES OF CASES. from the same localities. Probably Ohio will have the like expectation, but it ought not to be gratified. I IN Atlantic State Bank v. Savely, a decision of our Let her be content with the chief justiceship, the I Court of Appeals, reported ante, 453, a principle presidency for two successive terms, and the secre- is laid down which will be important to National taryship of the treasury. If a vacancy occurs by | as well as State banks, namely, that such banks may

lawfully purchase promissory notes, as well as dis- his death. Held, that in either case it was a gift count such paper. The State law in question is inter vivos, and that the title to the notes vested in substantially the same as the Federal act. The the donee at the instant they were assigned and depower is “to carry on the business of banking by livered as aforesaid. The court said: “The condiscounting bills, notes and other evidences of tingency of death simply postponed the beneficial debt,” "by buying and selling gold and other enjoyment. It was an event that must happen, and bullion, foreign coins and bills of exchange," etc. did not render the gift conditional. By the asThe court, quoting and approving McLeod on Bank signment and delivery all control over the notes ing, said: “In the language of the money market it passed from Meriwether, Sr., and the gift became is usual to estimate the value of money by the dis- irrevocable. In Ray v. Simmons, 11 R. I. 266; S. count or profit it yields, and to buy or purchase a C., 23 Am. Rep. 447, the facts are that B. deposited debt is always in commerce termed to discount it.” in bank certain moneys in his own name as trustee In Tracy v. Tallmage, 18 Barb. 456, it is said: “To for R. B. gave the bank book to R., who returned discount includes to buy, for discounting at most is it to B., in whose control it remained. In an equity but another term for buying at a discount." See suit by R. against the administrator of B., claiming Johnson v. National Bank of Gloversville, 74 N. Y. | the deposit, it was held that the trust was com329; S. C., Browne's Nat. Bank Cas. 302. Of au- pletely constituted, and the fact that it was volunthorities holding a different doctrine, Niagara Co. tary was no reason for refusing it. In Ellis v. Secor, Bank v. Baker, 15 Ohio St. 69; Farmers', etc., Bank | 31 Mich. 185; S. C., 18 Am. Rep. 178, the facts v. Baldwin, 23 Minn, 198, the court said the decis are: On a slate by the bedside of E., who was found ions were upon violations of positive law, and are dead, was, in her writing and signed by her, “I distinguishable from this case. The doctrine thus wish Dr. L. to take possession of all, both personal, pronounced is in harmony with Pape v. Capitol Bank real, and mixed. I am so sick I believe I shall die; of Topeka, 20 Kans. 440; 27 Am. Rep. 183; Browne's look in valise.” In valise was found a memorandum Nat. Bk. Cas. 238; First Nat. Bk. of North Benning- written by her, directing Dr. L. to take all of her ton v. Town of Bennington, Browne's Nat. Bk. Cas. property. In the opinion it is said: “We think it 437; but is opposed to the dissenting opinion of clear that Rachel Hill did all that she could to creTappan, J., in Nat. Bk. of Gloversville v. Wells, 15 ate a gift causa mortis, and fully intended it, and Hun, 51; 8. C., Browne's Nat. Bk. Cas. 333; to First that the written declaration should prevail as a valid Nat. Bk. Of Rochester v. Pierson, 24 Minn. 140; 31 appointment to the uses indicated as fully as if there Am. Rep. 341; Thomp. Nat. Bk. Cas. 637; and to had been a manual delivery of the securities." So Lazear v. Nat. Union Bk. of Baltimore, Browne's Nat. far as the act of delivery is necessary to complete Bk. Cas. 261, besides the cases mentioned by the the gift, the law is the same as to gifts causa mortis court in the principal case. In the case last cited, and inter vivos. A case in point is Hill v. Steven-son, in the Court of Appeals of Maryland, the court said: 63 Me. 364; S. C., 18 Am. Rep. 231. M., having “While we do not mean to say that a National bank money on deposit in bank, handed her book to C., may not invest its surplus capital in notes, we are at the same time saying to him that she gave the of opinion that it has no authority to use such sur | money in that book to H. and I., and requested him plus funds, as may remain on hand from day to day, to keep the book, and after her decease divide the for the purpose of buying notes" (citing the Minne money between H. and I. It was held to be a sota cases). “If any other construction were given valid gift of the money on deposit to H. and I. to such a transaction as this the intention of Con In Minor v. Rogers, 40 Conn. 512; S. C., 16 Am. gress to prohibit Nationai banks from buying and | Rep. 69, A, deposited in bank money in her selling notes would be entirely defeated, and those | own name as trustee for W., but during her life institutions would be at perfect liberty to decline | drew out the money at different times. A. died making discounts for their customers, and afterward leaving a will in which no mention was made of W. to buy up the very paper which had been offered or the deposit. In the suit by W. against the executor for discount and refused, at such price as the banks of A., it was held that the deposit was a complete might choose to give." This important question gift that the depositor could not revoke. See, also, ought to be settled, as to National banks, by the Camp's Appeal, 36 Conn. 88; S. C., 4 Am. Rep. 39; Federal Supreme Court.

Gardner v. Merritt, 32 Md. 78; S. C., 3 Am. Rep.

115; Southerland v. Southerland's Adm'r, 5 Bush, In Meriwether v. Morrison, Kentucky Court of

591." To same effect, Giddings v. Giddings' Adm'r, Appeals, September 28, 1880, 10 Rep. 661, the de

51 Vt. 227; S. C., 31 Am. Rep. 682. ceased, a few weeks before his death, indorsed upon certain notes of which he was the owner, the words: | In Steinman v. Henderson, Pennsylvania Supreme I transfer the within note as a gift to Miss Agnes Court, May 17, 1880, 10 Rep. 617, it was held that Morrison." The evidence would authorize the find a husband cannot subject his wife's realty to a lien ing of fact that the deceased then placed the notes even for necessary repairs without her authority or in the hands of A. in trust, to be delivered to Miss consent. The court said: “It is essential to the vaMorrison, at his death, or that they were so handed | lidity of a mechanic's lien against the separate estate to A. and were placed by him in a desk of deceased of a married woman that the claim should set forth and remained under the control of deceased until I that the work was done and the materials furnished with her authority and consent; in other words, revocation of warrant of extradition; infant's rethat she or some one authorized by her contracted pudiation of executed contract for services; distherefor. Her property is not subject to a lien for qualification of juror for opinion; leap-year; action work done or materials furnished under a contract by wife for procuring husband to abandon her; liawith her husband unless by her authority, nor can hebility of husband for wife's funeral expenses; meincumber her real estate without her consent, even chanics' lien in favor of architect; obstruction of for the purpose of making necessary repairs." The surface-water by municipal corporation; action by same was held in Flannery v. Rohrmayer, 46 Conn. employee against co-employee for negligence; neg558; S.C., 33 Am. Rep. 36, where the wife knew of igent communication of fire; partnership — share the erection, while it was in progress, and did not of profits for services; real property - ice in pond; object to it. The court there said: “She was not a sale of article for unlawful use; keeping open barparty to the contract out of which the debt origi- | ber-shop on Sunday; surety for faithful performnated. It was the debt of her husband alone, and ance - change of principal's duties; taxation of she was under no obligation to pay it. The fact capital stock and shares; exemption of bank build. that she knew of the work and made no objection | ing from taxation.. to it does not make it her debt, and does not charge The following cases are worthy of especial note: her land with its payment. Her husband having a ACTION. — An action of tort for negligence or delife estate in the land might well contract for anceit lies against the personal representatives of the improvement which would make it more valuable deceased wrong-doer. Tichenor v. Hayes, 12 Vroom, to him, and her knowledge and silence, without an 193; p. 186. active participation in the contract, and with no AGENCY.- An agent appointed to sell a horse is resulting benefit to her or her estate, are insufficient not thereby authorized to warrant. Cooley v. Perto impose upon her any liability. But it is claimed rine, 12 Vroom, 322; p. 210. that the statute justifies this decree. That provides | Bail.-In an action on a bail bond for the apthat a lien attaches where services are performed pearance of an indicted person, it is a good defense

by virtue of an agreement with or by consent of that the person was in prison in another county in the owner of the land upon which such building is the same State, on conviction for another offense. erected.' It is true the language of the statute Cooper v. State, 5 Tex. Ct. App. 215; p. 571. seems to be broad enough to include the estate of BURIAL GROUNDS.— The Legislature has a right the wife under the circumstances of this case, if to authorize a municipality to remove the remains of mere knowledge and silence constitute a consent. the dead from cemeteries. The right of burial in a We think they do not. It has never been the policy church-yard is a privilege enjoyable only so long as of our law to subject the wife's real estate to the the ground continues a church-yard, and is subject payment of the husband's debts, and the tendency to any right of the church to abandon it; and one of modern legislation is to extend rather than con who is merely a pew-holder, or has relatives buried tract this immunity. If the statute is to be inter- in the yard, and has no contract relation with the preted as including the real estate of the wife in church, cannot maintain the objection that an act cases where she is not a party to the contract, and of the Legislature authorizing the removal of the where it does not appear to be for her benefit or for dead from such church-yard impairs the obligation the benefit of her estate, then it works a radical of a contract. Craig v. First Presbyterian Church of change in the law relating to the property of mar Pittsburgh, 88 Penn. St. 42; p. 417. ried women, and subjects it to the payment of the CARRIER.— A passenger on defendant's railway, debts of the husband, thereby and to that extent finding no vacant seats in the ordinary coaches, the repealing prior laws on that subject. We cannot seats being occupied either by passengers or their believe that such was the intention of the Legisla baggage, proceeded to a drawing-room car, owned ture, and must therefore hold that such a construc by a private individual, but forming part of the tion is inadmissible.” To the same effect, Lauer v. train, and regularly run with it by contract with the Bandor, 43 Wis, 556; 8. C., 28 Am. Rep. 571. defendant, and there took a seat. When called on

for extra fare for that seat, he refused, announcing

his readiness to go into the other cars if a seat were THIRTY-SECOND AMERICAN REPORTS. provided for him there. Thereupon the porter of

the drawing-room car, employed by its owner, atThis volume contains cases selected from 61 Ala tempted to eject him. Held, that the defendant

I bama, 90 Illinois, 65, 66 Indiana, 50 Iowa, 41 was liable for this assault. Thorpe v. N. Y. C. & Michigan, 12 Vroom, 76 New York, 34 Ohio State, H, R. R. R. Co., 76 N. Y. 402; p. 325. 88 Pennsylvania State, 11, 12 South Carolina, 6, 7 In an action against a common carrier for failure Baxter, 5, 6, 7 Texas Court Appeals, 50, 51 Texas, to receive and carry live stock in pursuance of its 30 Grattan, 46, 47 Wisconsin. It has notes on the agreement, it is a good defense that it was prevented following subjects: Removal of remains from burial from fulfillment solely by the armed violence of its grounds; destroying private property to stop fire; late employees, whose wages had been reduced, and contract by letter; evasion of statutes; larceny of who had quit work and struck for higher wages. paraphernalia; reservation of timber in deed; du- | Pittsburg, Cincinnati & St. Louis Ry. Co. v. Hollo. ress; evidence of declarations of testator to show well, 65 Ind. 188; p. 63. his mental condition; who is “ head of a family";'. CONSTITUTIONAL Law. The constitutional pro

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