3. Terms for years.

LARCENY.

See "Embezzlement."

1. Prosecution and punishment.
Under Code Cr. Proc. § 275, a prosecution
for common-law larceny by stealing and carry-
ing away held not sustained by evidence show-
ing the property was obtained by false pre-
tenses, notwithstanding Pen. Code, § 528.-
People v. Miller (Sup.) 253.

LAW OF THE CASE.

Decision on appeal, see "Appeal," § 8.

LEASES.

Where a debtor assigned a leasehold as se-
rity, agreeing to assign renewals, and the
xt lease was made to his wife, held proper,
suit by lender to enforce agreement, to en-
in transfer of lease.-H. Koehler & Co. v. See "Landlord and Tenant."
ennedy (Sup.) 595.

4. Premises, and enjoyment and use
thereof.

See "Wills."

LEGACIES.

LEGACY TAX.

A tenant takes the premises subject to the
sk of being dispossessed through the con-
-mnation of the building as unsafe, without
course to the landlord for damages.-Steefel See "Taxation," § 4.
Rothschild (Sup.) 171.

Where a tenant surrenders the premises be-
use the leased building was condemned as

LEGISLATIVE POWER.

safe, and accepts a rescission of the lease, he See "Municipal Corporations," § 2.
nnot recover of the landlord for damages
owing out of the removal.-Steefel v. Roth-
hild (Sup.) 171.

Rights of tenant, where floors above her are
ing demolished by contractors, determined.-
askins v. George A. Fuller Co. (Sup.) 440.
Lessee of bootblacking privilege at railway
ation held entitled to recover rent paid in ad-
ince and costs of action from lessor, when
pt out of possession by former lessee.-De-
ise v. Long Island R. Co. (Sup.) 988.

5. Re-entry and recovery of posses-
sion by landlord.

Under Code Civ. Proc. § 2238a, precept, dated
-3 of six days before made returnable by rea-
En of a clerical error, but actually issued three
ays before, is sufficient.-Powers v. De O
Sup.) 103.

Under Code Civ. Proc. § 2231, the notice re-
uired to be served on a tenant may be signed
y the landlord's agent.-Powers v. De O (Sup.)
3.

Under Code Civ. Proc. § 2235, proceedings to
ispossess a tenant may be entitled in the name
f the landlord's agent.-Powers v. De O (Sup.)
03.

Under Code Civ. Proc. § 2253, held, that the
elation of landlord and tenant was annulled
y the commencement of summary proceedings
or the possession of the property, and that
le tenant could not thereafter remove trade
xtures.-Van Vleck v. White (Sup.) 1026.

In summary proceedings for the possession of
ased premises, evidence held insuflicient to
arrant the relief demanded by plaintiff.-Sirey
Braems (Sup.) 1044.

LIBEL AND SLANDER.

Liability of client for libel by attorney, see-
"Attorney and Client," § 2.

§ 1. Actions.

A complaint in slander held to state a cause
of action, under Code Civ. Proc. § 1906.-
Woodruff v. Woodruff (Sup.) 39.

In slander, whether the words spoken are
actionable per se is a question for the court,
but whether the words were intended to be
slanderous is for the jury.-Woodruff v. Wood-
ruff (Sup.) 39.

LICENSES.

Care required as to licensees, see "Negligence,"
§ 1.
Consent of abutting owner to laying out street
railroad as license, see "Street Railroads,"
§ 1.
Duties of railroads to licensees, see "Railroads,"
§ 3.
For sale of intoxicating liquors, see "Intoxi-
cating Liquors," § 2.

Grants of rights in streets, see "Municipal
Corporations," § 12.

Mandamus to compel issuance, see "Manda-
mus," § 1.

Theatrical licenses, see "Theaters and Shows."
1. In respect of real property.

The maintenance of a telephone line over the
land of another for over 20 years does not
raise a presumption that the company original-
ly had a license so to do.-Andrews v. Delhi &
S. Tel. Co. (Sup.) 50.

and 106 New York State Reporter

A parol license to erect a telephone line over
real property does not operate to pass any title
in the premises.-Andrews v. Delhi & S. Tel.
Co. (Sup.) 50.

A parol permission by the owner of real es-
tate to a telephone company to erect its poles
on his land is revoked by a subsequent convey-
ance of the land.-Andrews v. Delhi & S. Tel.
Co. (Sup.) 50.

LIENS.

See "Mechanics' Liens."

1900, c. 367. § 16, to reconvene to recan
the votes and declare said votes illegal,
nied.-People v. Mein (Sup.) 479.

Where a claim is made against a county >
der Laws 1892, c. 686, § 230, subd. 16, and t
supervisors fail to audit it on the ground
the nonliability of the county, mandamus
lie to compel such audit.-People v. Board |
Sup'rs of Washington County (Sup.) 568.

Exercise of the judgment of the commissio
er of public safety of the city of Rochester :
regard to the physical qualifications of park
police force under Laws 1900, c. 484, § 34, b
a judicial act, not reviewable by mandamus-
People v. Casey (Sup.) 945.

Attorney's liens, see "Attorney and Client," § 3. licemen applying for appointment to the e

See "Dower."

LIFE ESTATES.

Created by will, see "Wills," § 5.

LIMITATION OF ACTIONS.

See "Adverse Possession.”

LIQUOR SELLING.

See "Intoxicating Liquors."

LOAN COMPANIES.

See "Building and Loan Associations."

LOCAL OPTION.

Traffic in intoxicating liquors, see "Intoxicat-
ing Liquors," § 1.

LUNATICS.

See "Insane Persons."

MACHINERY.

Dangerous machinery, see "Negligence," 1.

MANDAMUS.

To procure reinstatement to office, see "Off-
cers," § 1.

1. Subjects and purposes of relief.
Discretionary power of village trustees over
telegraph and telephone poles and wires in

§ 2. Jurisdiction, proceedings, and re-
lief.

That motion papers for mandamus failed t
show a relator held an irregularity, in taking
away the right to the writ on a proper case
named.-People v. Board of Trustees of V-
lage of Monticello (Sup.) 350.

Claim against county under Laws 1892. e.
686, § 230, subd. 16, held properly presented by
president of unincorporated association. ir
stead of by the association.-People v. Board
of Sup'rs of Washington County (Sup.) 568.

Where a claim was presented to a board of
supervisors under Laws 1892, c. 686, § 230
subd. 16, the fact that claimant was an u
incorporated association was no objection to
its claim.-People v. Board of Sup'rs of Wasb-
ington County (Sup.) 568.

On appeal from dismissal of alternative writ
of mandamus issued to compel board of super-
visors to audit a claim made under Laws 1892
c. 686, § 230, subd. 16, relator held entitled to
presumption that respondents had failed to
properly audit the claim, so as to sustain man-
damus as the proper remedy.-People v. Board
of Sup'rs of Washington County (Sup.) 568.

Answering affidavits on application for per-
emptory writ of mandamus held conclusive.-In
re Nash (Sup.) 1057.

See "Mandamus."

MANDATE.

MARRIAGE.

streets will not be controlled by mandamus. See "Divorce": "Husband and Wife."
People v. Board of Trustees of Village of Mon-

ticello (Sup.) 350.

Mandamus to compel village to pass ordi-

MARRIED WOMEN.

nance granting a permit to telephone company See "Husband and Wife."
to erect poles and wires denied, with permis-
sion to make application in case of continued
delay by village.-People v. Board of Trustees
of Village of Monticello (Sup.) 350.

Under New York City Charter, § 1473 et seq.,
mandamus will not lie to compel the granting
of a theatrical license.-People v. Murphy
(Sup.) 473.

Mandamus to compel the board of canvass-
.ers on a local option election under Laws

aint should have been dismissed.-Kune v.
itzgerald Bros. Brewing Co. (Sup.) 742.
Where an employé refused to continue work
nless his unauthorized expenses were paid, a
tatement by his employer that he was through
ith his services held not a breach of the con-
ract by the employer.-Kune v. Fitzgerald
Bros. Brewing Co. (Sup.) 742.

The fact that one of two servants committed
n assault on the other does not necessarily
ustify the master in discharging the assailant.
-Burt v. Catlin (Sup.) 924.

the risk incident to the use thereof by his fel-
low servants.-Rosa v. Volkening (Sup.) 236.

Where plaintiff was injured by a derrick,
which was overloaded by fellow servants and
toppled over, the owners of the building are
not liable.-Rosa v. Volkening (Sup.) 236.

Negligence of fellow servant in failing to re-
pair defects held not to render master liable to
an employé injured thereby.-Szotak v. Ber-
wind-White Coal Min. Co. (City Ct. N. Y.)
647.

A servant in charge of the boiler in a mill
2. Services and compensation.
held to have assumed the risk of injury from
Contract of employment held not to provide a cover of loose boards over a hole in the floor
or the payment of the employe's weekly ex- of the boiler room, of which he had knowledge.
enses.-Kune v. Fitzgerald Bros. Brewing-Sherlock v. Sherlock (Sup.) 712.
Co. (Sup.) 742.

3. Master's liability for injuries to

servant.

Complaint held insufficient to show negligence
In elevated railroad in maintaining unguarded
platform over which employé was compelled
To pass.--Nugent v. Brooklyn Union El. R. Co.
(Sup.) 67.

The engineer on a steamboat held not to have
Deen acting as representative of the owner in
directing the fireman to take steps toward the
making of a small repair, which would render
he owner liable for an injury to the fireman
received in carrying out such directions.-Man-
ning v. Genesee River & L. O. Steamboat Co.
Sup.) 677.

Servant, who fell through elevator opening,
held to have assumed risk caused by absence of
guard rails required by city ordinance.-Burns
V. Nichols Chemical Co. (Sup.) 919.
§ 6. -Actions.

Evidence held insufficient to show negligence
in elevated railroad in permitting platform
along its tracks, over which employé was com
pelled to pass, to become slippery.-Nugent v.
Brooklyn Union El. R. Co. (Sup.) 67.

In an action for injuries by the fall of a
telegraph pole, held not error to permit the
jury to find an inadequate setting of the pole
from the evidence.-Riker v. New York, O. &
W. Ry. Co. (Sup.) 168.

Submission of question of negligence in not
supplying proper tools, in an action by an em-
ployé for personal injuries, held error.-Apati
v. Delaware, L. & W. R. Co. (Sup.) 322.

in storing ice held not to bring the case with-
Circumstances of injury to servant engaged
in the doctrine of res ipsa loquitur, so as to
render the master liable.-Fink v. Slade (Sup.)
821.

MEASURE OF DAMAGES.

Evidence held to establish a prima facie case
for recovery by an employé injured by the fall
of a telegraph pole on which he was working.
-Riker v. New York, O. & W. Ry. Co. (Sup.)
168.
The owners of a building in process of erec- See "Damages," § 2.
tion are not required to furnish the best appli-
ances, but it is sufficient if they conduct their
business in a reasonably safe manner.-Rosa v.
Volkening (Sup.) 236.

Platform in ice house, used to facilitate stor-
ing of ice, held to be an "appliance," and not
a place to work," within the rules governing
master's liability for injuries to servant.-Fink
v. Slade (Sup.) 821.

MECHANICS' LIENS.

§ 1. Proceedings to perfect.

Under Lien Law (Laws 1897, c. 418) §§ 4,
11, and Laws 1877, c. 466, § 2, general assign-
ment of a building contractor held to prevent a
subcontractor from obtaining a right to a me-
chanic's lien under a notice filed subsequent to
5. Risks assumed by servant.
the execution and delivery of such assignment.
Evidence held to show that employé of ele-Armstrong v. Borden's Condensed Milk Co.
vated railroad company, falling from track, as- (Sup.) 1014.
sumed the risk.-Nugent v. Brooklyn Union
El. R. Co. (Sup.) 67.

Where a telegraph pole on which an employé
was engaged fell from a cause which could not
have been reasonably anticipated, a contention
that employé assumed risk held untenable.-Ri-
ker v. New York, O. & W. Ry. Co. (Sup.) 168.

Where a derrick used at a building is of the
kind generally used, and is not defective, a
laborer employed about the building assumes

§ 2. Operation and effect.

Laws 1897, c. 418, § 15, held not to apply to a
general assignment for the benefit of creditors.
-Armstrong v. Borden's Condensed Milk Co.
(Sup.) 1014.

Of agreements for sale of land, see "Vendor New trial in criminal prosecutions, see "Crimand Purchaser," § 1.

A deputy city clerk may be summarily re-hattan and Richmond the duties and powers
oved by the city clerk.-People v. Scully conferred on the department of parks by Laws
up.) 123.
1897, c. 556, as amended by Laws 1900, c. 627.

New York City Charter, § 648, held to give-Bradley v. Van Wyck (Sup.) 1034.

e superintendent of buildings no authority to
scharge, without preferring charges, an in-
pector who is an honorably discharged Union
Oldier, his case being covered by Laws 1896,
1821. People v. Constable (Sup.) 535.
Persons designated to audit claims against
unicipality held not city officers.-City of
yracuse v. Hubbard (Sup.) 802.

Persons appointed to audit claims against mu-
icipality under Laws 1901, c. 402, held not a
ourt of inferior jurisdiction within the meaning
of the constitution.-City of Syracuse v. Hub-
bard (Sup.) 802.

Laws 1901, c. 402, directing the auditor of
laims which are equitable obligations of the
City in excess of its charter limitations, held
constitutional.-City of Syracuse v. Hubbard
Sup.) 802.

An indictment charging police captain with
willfully omitting to perform his duties held to
state facts constituting statutory crime of
omission of such duty.-People v. Herlihy (Gen.
Sess.) 389.

It is no defense to a police captain, indicted
for omission of duty, that he is responsible only
to the police department for the violation of its
rules. People v. Herlihy (Gen. Sess.) 389.

Indictment of police captain for omission to
perform duty held to charge one neglect of duty
based on many acts of omission.-People v.
Herlihy (Gen. Sess.) 389.

Allegation in indictment for neglect of of-
ficial duty in failing to suppress disorderly
houses held insufficient, as not particularly set-
ting forth the place and description.-People v.
Herlihy (Gen. Sess.) 389.

1.

4.- Municipal departments and
officers thereof.

5.

Agents and employés.
City employés, summarily discharged from
civil service positions, on being reinstated, held
entitled to back pay while wrongfully prevent-
ed from performing their duties.-People v.
Dalton (Sup.) 198.

City bath attendant, illegally discharged,
held entitled to recover only to the close of the
bathing season.-Holt v. City of New York
(Sup.) 201.

A city bath attendant, illegally discharged,
can recover wages where, though ready to
serve, he was prevented from doing so.-Holt
v. City of New York (Sup.) 201.

Under Greater New York Charter, § 1543,
head of department of public improvements
held to have the power of fixing salary of
draftsman in such department.-Powell v. City
of New York (Sup.) 990.

Rule 37 of civil service commission, passed
under Laws 1899, c. 370, §§ 6, 11, held not to
fix salaries of draftsmen.-Powell v. City of
New York (Sup.) 990.

Laws 1899, c. 370. § 29, held not to repeal the
salary scheme of Greater New York Charter,
§ 1543.-Powell v. City of New York (Sup.)
990.

§ 6. Contracts in general.

Complaint in action to restrain letting of
garbage contract held insufficient.-Madden v.
Van Wyck (Sup.) 135.

Laws 1897, c. 556, as amended by Laws
1900, c. 627, held to have authorized the board
of estimate and apportionment to let a con-
tract for the construction of a library building
in Bryant Park, New York City.-Bradley v.
Van Wyck (Sup.) 1034.

A contention that a contract let by the board
Police captain, illegally reduced to rank of of estimate and improvements was invalid, as
patrolman and protesting against same, held in excess of the appropriation, held of no avail.
entitled to recover difference between salary-Bradley v. Van Wyck (Sup.) 1034.
received as patrolman and that to which he
was entitled as captain.-Buschmann v. City § 7. Public improvements-Preliminary
of New York (Sup.) 127.

New York Charter, § 281, held not to au-
thorize reduction of captain of one of the cities
consolidated to the rank of patrolman after
consolidation.-Buschmann v. City of New
York (Sup.) 127.

Charter of New York held not to authorize
reduction of police captain of Long Island City
to the rank of patrolman in New York City.-
Buschmann v. City of New York (Sup.) 127.
Under Brooklyn City Charter, tit. 13, § 15,
and Greater New York Charter, an alternative
writ of mandamus may issue, requiring the
fire commissioner to determine a widow's claim
and place her name on the pension list, or to
show cause to the contrary.-Tobin v. Scannell
(Sup.) 184.

New York City Charter (Laws 1897, c. 378)
held to confer on the commissioners of Man-
72 N.Y.S.-74

proceedings and ordinances or
resolutions.

An order for the appointment of commission-
ers of estimate and apportionment for an im-
provement held, under facts, not objectionable
because of a possibility of the cost exceeding
the limit of city debt declared by Const. art. 8.
$ 10.-In re City of New York (Sup.) 378; In
re Elm St.. Id.

Irregularities in the ordering and making of
street improvements by the officers of a city
held not to invalidate a special assessment
therefor.-Loomis v. City of Little Falls (Sup.)

774.

A provision in the specification for the con-
struction of a public building under authority
of Laws 1897, c. 556, as amended by Laws
1900, c. 627, held not illegal or beyond the
power of the officers of the city to prescribe.-
Bradley v. Van Wyck (Sup.) 1034.