Legislature cannot transfer Toledo
University to city board of education.
Attempted transfer no defense in man-
damus. State v. Toledo.

LICENSE-

628

Executed parol license in land is
irrevocable and in absence of definite
understanding between the parties
claimant must establish adverse pos-
session for twenty-one years. Smith
v. Railway.
44

An ordinance imposing a license tax
upon the seller of goods manufactured
in another state is a burden upon in-
terstate commerce and in conflict with
Sec. 8, Art. 1 of the U. S. consti-
tution. Julius, In re.
423

Section 1536-100 (4 ed.) Rev. Stat.
empowers municipalities to license ve-
hicles. "Vehicles" as used therein, in-
cludes all classes and kinds of convey-
ances whether used for hire or not.
Sterling v. Bowling Green.

581

An ordinance imposing graduated
license fee upon owner of any vehicle
using the streets is not in conflict
with Secs. 1 and 2, Art. 1 of the con-
stitution.

LIENS-

Ib.

An action in equity to enforce a
vendor's lien, where there is no agree-
ment in writing or other memorandum
respecting the sale, except the deed
of conveyance, and it contains no
covenant or promise on the part of
the vendee to pay the balance of the
purchase money, is barred in six
years. Callender v. Basquin. 540
LIFE ESTATES-

Life tenant is trustee not debtor of
remainder-man. Moore v. Idlor. 502

Life tenant paying assessments not
a volunteer, and is entitled to subro-
gation against the land. Eddy v.
Leath.

645

Statute of limitations prescribes the
condition upon which it will commence
to run and when the action is barred.
Tobias v. Richardson.
81

Cause of action on promissory note
accrues upon death of payee.

Ib.

Creditor must have administrator
appointed within reasonable time to
save claim from bar. Hoiles v. Rid-
dle.
363
Statute of limitations does not run
against a continuing trust. Moore v.
Idlor.
502

An action in equity to enforce a
vendor's lien, where there is no agree-
ment in writing or other memorandum
respecting the sale, except the deed of
conveyance, and it contains no coven-
ant or promise on the part of the
vendee to pay the balance of the pur-
chase money, is barred in six years.
Callender v. Basquin.
540

Nonuser of easement may or may
not work abandonment. Facts consti-
tuting an abandonment of easement
for roadway given. Tudor Boiler Mfg.
Co. v. Greenwald Co.
556

Adverse possession is shown by the
exercise of dominion over a strip of
land over which another claims a
roadway, treating it as an appurt-
enant to adjoining property, erecting
permanent buildings thereon, enclos-
ing part of the way with a fence
and paying no respect to its use as a
roadway, for more than twenty-one
years.
Ib.

Action to enforce lien of assessmel
by right of subrogation governed by
ten year limitation. Eddy v. Leath

645

INDEX.

County auditor entitled to be re-
imbursed his costs in bona fide resist-
ing mandamus proceedings to compel
issuance of warrant, notwithstanding
he was mistaken in judgment in re-
Kloeb v. Mercer
fusing to pay same.
Co. (Comrs.).

152
County auditor entitled to be reim-
bursed his costs in bona fide resisting
mandamus proceedings to compel issu-
ance of warrant, notwithstanding he
was mistaken in judgment in refusing
to pay same.

Ib.

City solicitor may commence pro-
ceedings in mandamus to compel of-
ficer to perform duty enjoined upon
him under Sec. 1777 Rev. Stat. and
96 O. L. 65, Sec. 137, Sec. 1536-655
(4 ed.) Rev. Stat., without action of
326
council. State v. Bowers.

Will not lie to compel sheriff to
levy execution. "Adequate remedy at
law" defined. State v. Chambers. 404
Will not be granted where legal right
to relief exists. A mandatory injunc-
tion is, in effect, a mandamus. Wad-
437
dick v. Merrell.

Legislature cannot transfer Toledo
University to city board of education.
Attempted transfer no defense in man-
damus. State v. Toledo.

628

COMMISSION-

See CONSTITUTIONAL LAW; OFFICE
AND OFFICERS.

841

Pleading in action for personal in-
juries by a servant who is ordered
to perform a new and unusual work.
Clev. C. C. & St. L. Ry. v. Tehan. 457
Master not bound to instruct serv-
ant against unprecedented and unfore-
Master not liable
seen occurrences.
for injuries when servant purposely
violates instructions. Diamond Rub-
479
ber Co. v. McClurg.

A master is not responsible for the
wrongful act of his servant unless the
act be done in the execution of author-
ity, express or implied, given by the
master. A railroad company is lia-
ble for the willful wrong of its em-
ployee in expelling a trespasser from
its freight train when in motion, to
his injury, only upon proof that the
act was done by such employe in the
course of his employment and within
What
the scope of his authority.
must be shown to hold company for
such expulsion. Brakeman of freight
train has no implied authority to ex-
Whistler v. Cowan.
pel trespasser.
511

A contract by a prospective employe
with a railway company, waiving dam-
ages for personal injuries, is not with-
in the inhibition of Sec. 3365-20 Rev.
Stat., if the injury occurred before
the execution of the contract; the right
to damages which cannot be released
is one thereafter arising. Bowers v.
518
Railway.

Risk assumed by section men of ap-
proach of trains and absence of rule
Green v.
requiring warning thereof.
609
Railway.

A duty is imposed upon railroads
to furnish a reasonably safe place for
employes to work. Employe bound to
know damages when facts simple and
conditions not complex.

MAXIMS-

Ib.

Section 6529 Rev. Stat. relating to
venue not applicable to
change of

111

Koppes v. State.
mayor's court.
When "expressio unis est exclusio
alterius" does not apply. Hayes v.
395
Railway & Term. Co.

Sic utere tuo alienum laedas, ap-
428
plied. Edwards v. Rissler.

Damnum absque injuria. Cincin-
486
nati Connec. Belt Ry. v. Burski.

The right of trial by jury is waived
by entering a plea of guilty in a crim-
inal prosecution before a mayor hav-
ing complete jurisdiction. Hillier v.
777
State.

MENTAL INCAPACITY-

See WILLS.

KET

Right of church college as grantee
of church property held in fee by its
trustees to mortgage same after aband-
onment as cemetery. Methodist Epis-
copal Church v. Gamble.
295
Creditor paying mortgage debt to
administratrix of mortgagee not a vol-
unteer but is entitled to subrogation.
Knox v. Carr.

345
Trustee of express trust empowered
to sell property has authority to mort-
gage. Security Tr. Co. v. Bank. 381

A mortgagee of a railroad com-
pany's property acquires no greater
interest than that possessed. Mon-
nett v. Railway.

469

A sheriff is not entitled to pound-
age on sheriff's sale under mortgage
foreclosure proceedings where the
property is bid in by plaintiff for less
than the amount of her mortgage lien
and where the purchase price is paid
for in such lien in part. Childs v.
Perry.
543

A purchaser who accepts a convey-
ance made expressly subject to a mort-
gage, and receives an abatement in
the purchase price thereof, is not, in
the absence of an express covenant,
personally liable for the payment of
the mortgage. Whitney v. Weister.

MOTIONS AND ORDERS-

593

ment debtor to receiver is a final order
reviewable on error. First Nat. Bank
v. Clauss.
107

MUNICIPAL CORPORATIONS-

Municipalities have jurisdiction to
make street improvements without the
filing of petition of abutting property
owners therefor. Thornton v. Cincin-
nati.
33

Municipal corporations not liable for
damages by surface water from street,
when property naturally is situated
lower than street nor when the result
of change of grade. Sharp v. Cincin-
nati.
59

Resolution of board of public service
continuing old officers in office is tem-
porary only. Statmyer v. Springborn.

"Repair" of turnpike as used in or-
dinance for repair of turnpike. Mil-
ford v. Traction Co.
271

President of council as acting mayor
of village cannot try misdemeanor
case. State v. Hance.

273

Council may construct tile drain
as part of street improvement when
necessary to effectuate and complete
such improvement. Taylor v. Wapa-
koneta.
285

Section 135, 96 O. L. 65; Sec. 1536-
655 (4 ed.) Rev. Stat., providing for
deposit of municipal funds, constitu-
cional. State v. Bowers.
326

Municipality would not have ade-
quate remedy at law if treasurer re-
fused to deposit in depositary selected
by council.
Ib.

Ordinance selecting municipal de-
positary passed at special council meet-
ing not invalidated by failure to notify
member of such meeting.
Ib.

Sufficient bond of municipal deposi-
Ib.

cary.

der Sec. 1777 Rev. Stat. and 96 O. L.
65, Sec. 137, Sec. 1536-655 (4 ed.)
Rev. Stat., without action of council.

Ib.

An ordinance imposing a license tax
upon the seller of goods manufac-
tured in another state is a burden upon
interstate commerce and in conflict
with Sec. 8, Art. 1 U. S. Const.
Julius, In re.
423

The invalidity of one section of an
ordinance does not invalidate another
section which, standing alone, is com-
plete in itself. Chittenden v. Colum-
bus.
531

An ordinance which regulates the
speed of automobiles, and requires
them to carry lamps and use a bell,
all germane to the general subject
expressed in the title, does not con-
tain more than one subject.
Ib.

The fact that territory lying with-
out a municipality is included within
an ordinance regulating the speed of
vehicles, does not invalidate the or-
dinance as to the territory within the
corporate limits. Council may pre-
scribe different rates of speed in mu-
nicipalities.
Ib.

Allowing street cars to run at a
greater rate of speed than automo-
biles, does not necessarily constitute
such a discrimination against the latter
as to invalidate the ordinance which
regulates their speed. An ordinance
which limits the speed of automobiles,
etc., to seven miles per hour is not
unreasonable.

Ib.

Taxpayer may enjoin unlawful con-
tract of municipality under Sec. 1778
(1536-663, 4 ed.) Rev. Stat. if city
solicitor refuses upon application to
bring suit. Pullen v. Smith. 549

The resolution to maintain a free
public library, is a resolution involv-
ing the expenditure of public money,
and is within the inhibition of Sec.
1536-205 (4 ed.) Rev. Stat., unless
the certificate of the proper municipal
officer that the money required is in
the city treasury to the credit of the
proper fund is filed and immediately
recorded.

Ib.

Section 1536-100 (4 ed.) Rev. Stat.,
empowers municipalities to license ve-
hicles. "Vehicles" as used therein, in-
cludes all classes and kinds of con-
veyances whether used for hire or not.
Sterling v. Bowling Green. 581

An ordinance imposing graduated li-
cense fee upon owner of any vehicle
using the streets is not in conflict with
Secs. 1 and 2, Art. 1 of the constitu-
tion.
Ib.
Judicial power is not conferred upon
a city auditor and chief of police by

an ordinance which provides that if
the former is not satisfied with the de-
scription of vehicles furnished by an
applicant for a vehicle license, the
matter shall be referred to the
latter for examination and report.
Part of an ordinance may be valid
and part invalid.
Ib.

An ordinance prohibiting the con-
veyance of garbage through a city's
streets except by the city contractor,
and placing garbage upon any pri-
vate property is unconstitutional.
Bauer v. Casey.

598
In a proceeding by council Co
appropriate for the extension of a
street, it is necessary to pass the pre-
liminary resolution and give notice
as required by Lan. R. L. 3589 (R.
S. 2235); but the probate court has
no jurisdiction to determine whether
or not such resolution was passed,
and the notice given; the only remedy
of the owners is an action to restrain
municipality from proceeding to as-
sess compensation and from taking
possession of the property. Erie Ry.
v. Youngstown.
679

The passage of a resolution of ne-
cessity, the adoption of an ordinance
authorizing the improvement and as-
sessing the costs, advertising for and
receiving bids and awarding the con-
tract does not amount to an entering
into a contract under the Burns law.
Braman v. Elyria.
731

Clerk's certificate under Burns law in
time if filed before contract signed and
ordinance passed.

ah i.

A street railway company which
operating with a single trolley system,
under a franchise granted by the mu-
nicipality, is only liable for damages
resulting from its actual negligence
in the use of such system. Dayton v.
Railway.
736

Injunction will lie, at the suit of a
municipality, to restrain an electric
street railway company from operating
its system in such manner as to allow
its electricity to escape into the ground
and come in contact with and injure
the water pipes of the municipality.

Ib.

A municipality has power to pro-
hibit absolutely the transportation of
nitroglycerine through its streets; an
ordinance prohibiting the same is not
inconsistent with Lan. R. L. 10622
(R. S. 6953). Walter v. Bowling
Green.
756

An ordinance prohibiting the stor-
age of nitroglycerine within a mu-
nicipality, and imposing a fine of $10)
for the first violation thereof, is not
unreasonable or excessive.
Ib.

One negligent of contractual duty
cannot set up act of God as proximate
cause. Sharp v. Cincinnati.
59

Allegations in petition sufficient to
charge joint negligence of defendant
companies in the contract and main-
tenance of electric wires and improper
insulation. North Amherst Tel. Co.
v. Jackson.
89
Evidence of changes subsequent to
accident, competent, when.
Ib.
Maintenance of switch staff near
railroad tracks negligence, when.
Lake Shore & M. S. Ry. v. Fisher.
143

Duty required of brakeman to be
cautious and careful does not impose
absolute duty to look for danger at
all times.

Ib.

proper when not directed to the par-
ticular act. Immaterial questions
concerning master's conduct toward
Ib.
servant prejudicial error.

A landlord, who leases premises
with an existing nuisance thereon, re-
sulting from inherent defects, and thus
occasions injury to a third person, is
responsible therefor. Edwards V.
Rissler.
428

New work which a servant is
ordered to do will be presumed to be
more dangerous than his ordinary
work, and express allegation that such
work is dangerous is not essential.
Clev. C. C. & St. L. Ry. v. Tehan.

Where the petition discloses that
the proximate cause of injury was
some fault in the immediate tools used
or methods of work employed by plain-
tiff, but there is no express allegation
to the effect that defendant was at
fault in furnishing tools that were im-
proper or unsafe, or in directing plain-
tiff to proceed by a method that was
improper or unsafe, or that plaintiff
did not know of the defect, fault and
dangers, or, that being informed he
was excused because of the promise of
his employer to remedy the defects or
cure the faults, it is, in such case, de-
murrable. Egan v. Railway.

616

No presumption of negligence from
mere happening of accident. Mere
averment chat certain thing was prox-
imate cause is insufficient. Particular
defects and faults as to defective appli-