(Editorial Notes and Briefs.) verse claimant,-Held, the Statute of Limita- Will not issue to enforce a private contract tions ran in favor of the payor. (Pa.) 753 with a corporation created to supply a public Right to acquire title in highway by adverse possession. (N. Y.) Contracts under seal. (N. Y.) want. (N. Y.) 200 238 Where the duty to build and operate a railroad is not made imperative by the charter or laws of the State, mandamus will not lie. (N. Y.) 181 The continued holding of a pledge prevents the operation of the Statute of LimItations. (Pa.) Mutual accounts. (Pa.) 458 200 897 MARRIAGE. See HUSBAND AND WIFE. MARRIED WOMAN. See HUSBAND AND WIFE. An action by a cestui que trust against the Brustee, under a direct trust, is not within the statute. (N. Y.) 525 The Statute of Limitations does not affect the lien of the vendor for purchase money, because the vendee or the purchaser from him, with notice, stands in the relation of a trustee or mortgagor for the unpaid purchase money, (N. J.) 399 The presumption of payment from the lapse of time is not conclusive, but casts the burden of rebutting it upon the creditor. (Pa.) 458 MASTER. See EQUITY. MASTER AND SERVANT. priority over distress for rent. (Pa.) 888 Physical disability rendering the servant unable to perform his part of the contract will LIQUIDATED DAMAGES. See DAM- excuse the master from paying the stipulated AGES. LIS PENDENS. Notice. (Pa.) wages while the disability lasts. (Pa.) 320 Insolvent railroad; lien and priority for wages of employees. (N. Y.) 365, 366 Liability. Duty of master to furnish 112 safe machinery. (Pa.) 650, 913; (N. J.) 569; (N. Y.) 392, 519 A master is not bound, as to his servant, to employ the latest and most improved machinLOCAL LEGISLATION. See CONSTI- ery, but only such as is suitable. (Pa.) 914 LOCAL IMPROVEMENTS. NICIPAL CORPORATIONS. TUTIONAL LAW. LOGS AND LOGGING. See Mu Knowledge of master of defect in machinery. (N. Y) 519 Knowledge of defects by master. (N. J.) 569 Liability of master for injuries resulting to servant while assisting third person engaged in repairing the property of plaintiff's master. (N. Y.) 390-392 Notice and warning should be given to minors in and about machinery or dangerous structures. (N. J.) 569 A master introducing a new explosive, without informing his servant of its dangerous character, will be liable for an injury resulting therefrom. (N. J.) 569 (Editorial Notes and Briefs.) 900 Where a conductor was injured by insuffi- A conductor and station baggage master cient side tracks,-Held, the company was lia- held fellow servants. (Pa.) ble. (N. J.) 569 A teamster injured by the negligence of a railroad superintendent may recover against the company. (N. J.) Where a common laborer was injured by the negligence of the conductor, held the company liable. (N. J.) 569 An engineer of the switch engine and the car repairer held fellow servants. (Pa.) 900 An engineer and the servants of a contractor engaged in furnishing wood to a railroad under a contract, being on the same train, held fellow servants. (Pa.) 900 An engineer and telegraph operator held fellow servants. (Pa.) 900 569 A master must see that his building and machinery are kept in repair, and the repairer's neglect is his; he is liable, no matter who may be the agent through whom he acts. (Pa.) 650 Assumption of risks by servant. (N J.) 569; (Pa.) An employee attempting to couple cars by Car repairer of cars on track in yard and car getting inside the rails while the train is in modropper held fellow servants. (Pa.) 900 tion, and continuing to move with the train after he has ascertained that the pin would not pull, is guilty of contributory negligence. (N. Y.) 519 649 It is not contributory negligence for a railroad employee to attempt to uncouple while a train is in motion (N. Y ) 520 When the servant, in obedience to the master, incurs the risk of machinery, which, although dangerous, is not so much so as to threaten immediate injury, or if it is reason ably probable that it may be used safely by extraordinary caution, the master is liable for an injury resulting. (N. J.) 569 Whether or not a servant, when injured, was in the course of his employment, is to be inferred from the circumstances and is for the jury. (N. J.) 570 Where an employee, contrary to the rules of his employer, is in a part of the mine where he is injured by unsafe machinery, this is no defense for the negligence of the master. (Pa.) 901 Where there is any doubt whether the employee was acquainted, or ought to have been acquainted, with the risks, the determination of the question is for the jury. (Pa.) 914 914 A brakeman assumes the risk of low bridges. (Pa.) Fellow servants must be in the employ of the common master and engaged in a common business. (Pa.) 650 Where an injury results from the negligence of the employer, he is not exonerated from lia bility because the negligence of the coservant has also contributed to the accident. (N. Y.) 392 When a servant receives an injury in part by the negligence of his master, and in part by that of a fellow servant, he cannot maintain an action against the master for such injury. (N. J.) 569 An employer is not generally liable for injuries received by a subemployee hired by the employee, when the negligence of any of the workmen engaged in the common task is the cause of the injuries. (Pa.) A carpenter or other employees of a railroad, and the men in charge of the train on which they are carried to their work, held fellow servants. (Pa.) 900 Liability of master for negligent acts of his servant. (N. Y.) 391 Liability of master for malicious acts of ser vants; exemplary damages. (Pa.) 719 The general rule is that where a servant in the employ of his master does an act which he is not employed to do, the master is not respon sible. (Pa.) MAXIMS. 900 He who seeks equity must do equity. (Md.) 155 155 He who comes into equity must come with Expressum facit cessare tacitum. (Pa.) 104 MERGER. See MORTGAGE. Right to recover damages up to day of trial, under Act May 2, 1876. (Pa.) 686 MINES AND MINING. persons engaged in mining coal, ore, etc., is Act of June 29, 1881, regulating payment of void. (N. J.) A brakeman and the mechanics in a repair MINOR. See INFANTS. shop held fellow servants. (Pa.) 900 A conductor and a brakeman on another MISTAKE. See EQUITY. 478 See DEED; HUSBAND AND WIFE; RAILROAD COMPANIES. Validity or effect of mortgage made by several joint tenants to secure the debt of one. (N. J.) 244 (Editorial Notes and Briefs.) Avoidance, for duress, of imprisonment. | and becomes absolute on the failure of the N. J.) 423 condition. (N. Y.) 233 Words creating a lien merely do not constitute a chattel mortgage, for no title passes 233 To show by parol that a deed absolute upon its face is a mortgage, the proof must be clear, explicit, and unequivocal. (Pa.) 923 thereby. (N. Y.) Conveyance absolute on its face may be shown to be a security for money loaned, by oral testimony. (Pa.) 922 Notice of improperly registered mortgage given to secure purchase money is sufficient notice. (N. J.) 399 A mortgagee has no right to make one a party defendant who claims adversely to the title of the mortgagor and prior to the mortgage. (N. Y.) 223 Possession of the bond and mortgage is sufficient evidence of the authority of the holder thereof to receive payment, both of the interest and principal. ˆ (N. Y.) 380 An insurance company which has insured the mortgagee's interest is liable for an injury to the property, although the remaining land is ample security. (Pa.) An assignee of a bond and mortgage takes subject to equities. (N. J.) 652 244 The assignee of a mortgage takes it subject to all equities and defenses existing between the original parties at the time of the assignment, whether they be latent or not. (N. J.) 399 Vendor's lien for purchase money, as against subsequent transferee or mortgagee of the vendee. (N. J.) 399 Parol evidence is admissible to rebut the presumption of a merger upon conveyance of the mortgaged premises to the mortgagee. (Pa.) 627 MUNICIPAL CORPORATIONS. See The powers of a municipal corporation are subject to legislative change. (Pa.) 303 A municipal corporation is merely an agency instituted by the sovereign for the purpose of carrying out in detail the objects of the government. (Pa.) 303 A quasi municipal corporation has only the powers which are conferred by statute, and acts done by it in excess of such power are void. (Pa.) 928 A township is a quasi corporation. (Pa.) 928 The doctrine of estoppel applies to corporations. (D. C.) 621 Act 1880, p. 191, creating excise departments in cities of over 15,000 inhabitants, is special and unconstitutional. (N. J.) 84 Act of May 14, 1874, exempting from taxation public property used for public purposes, and providing that property producing revenue shall be taxable; construction as applied to waterworks of a city producing revenue. (Pa.) 303 Right to include in assessment for local improvements the expense of removing and relaying gas pipes as a necessary incident to the work. (N. Y) 857 Claims for paving and curbing in Philadelphia; frontage rule; rural property. (Pa.) 675 Parties in proceedings to vacate illegal assessments and to recover overpayments. (N. Y.) Although it is not necessary to make the terre-tenants parties to the scire facias, yet it is the better practice to do so. (Pa.) 768 The only effect of aiming to make a terretenant a party is that he will be permitted to make any available defense against the purchaser at sheriff's sale that he might have set up on the trial of the scire facias in case it had been served upon him. (Pa.) 768 Jurisdiction in New York of proceedings for Officers. Amendment of 1879, to charter foreclosure and sale of mortgaged premises (Laws 1879, chap. 53, title 771), creating both in Pennsylvania and New York. (Pa.) board of charities and police, with powers of 112 overseers of the poor; power to sue for penalties for violation of the excise laws; board of commissioners of excise, under Laws 1878, chap. 109. (N. Y.) 235 Validity of Act of 1880, P. L. p. 255, abolishing decrees for deficiency in foreclosure suits. (N. J.) 863 The rule that a purchaser on foreclosure sale may acquire a perfect title has no application where he purchases only a limited interest that is apparent. (N. Y.) 193 A purchaser on foreclosure obtains the title which the mortgagor had before he gave the mortgage. (N. Y.) 513 Implied power to remove officers for offenses; charge must be stated with substantial certainty; all facts must be alleged; jurisdiction must appear; no intendments are indulged in favor of jurisdiction or regularity of proceedings. (N. J.) 82, 83 224 Duty of controller of Philadelphia in relation to warrants; discretion; mandamus. (Pa.) 755-757 Chattel mortgage not filed, and without immediate and continued change of possession, is fraudulent. (N. Y.) 187, 188 There is no distinction between bills of sale, given as security, and chattel mortgages. (N. Y.) 188 In a chattel mortgage the legal title to the property mortgaged passes to the mortgagee, Duty of mayor to institute and maintain suits; right to reimbursment for expenses. (N. J.) 248 The mayor, virtuti officii, can employ counsel to defend the city, without permission. (N. J.) 248, 249 (Editorial Notes and Briefs.) Liability for expenses incurred in suits by | curring causes, one party in fault is not ex officers in official capacity. Note. 248 empted from liability for an injury, although Defective. An excavation in a road or another party may be equally culpable. (Pa.) street made for a lawful purpose must be fenced and lighted. (Pa.) 511 A municipality is not liable for injuries which are the result of nothing more than the ordinary slipperiness caused by recent snow and ice. (Pa.) 700 A traveler may presume all parts of the highway safe, and even when he may have notice of a defect he is not chargeable with negligence, because he fails to have it at all times in mind. (N. Y.) 786 Particular charters. Bayonne; lien of assessment for opening streets; reassessment relates back to lien of original assessment. (N. J.) 810 Camden: power to grant licenses. (N. J.) 84 Elizabeth; power to grant licenses. (N. J.) 84 Erie; exemption of waterworks from taxation; property from which income or revenue is derived; Act of May 14, 1874. (Pa.) Jersey City; licenses. (N. J.) Newark; licenses. (N. J.) 300 84 84 New Brunswick; power to grant licenses. (N. J.) 84 511 The mere existence of a defect, occurrence of an accident, or omission of a duty, is not suf ficient to create liability, without evidence that the defect or omission caused the accident. (N. Y.) 519 If one does an act of pure favor for another, with the assent of the latter, his responsibility to him is reduced to the duty of merely slight care and diligence. (N. Y.) 205 The question in each case as to the degree of care which should be exercised depends upon the particular circumstances. (Pa.) 641 When a person employs others, not as servants, but as mechanics or contractors, in an independent business, and they are of good character, if there is no want of due care in choosing them, he incurs no liability for inju ries resulting to others from their negligence or want of skill. (Pa.) 649 The owner employing a contractor may in a measure have some personal control of the work in hand, without subjecting himself to liability for its faulty performance. (Pa.) 649 When the owner has done all in his power to erect a proper structure, he is not liable to 781 others for its occult defects, if he had no knowBribery by member of common council pun-ledge of them and no reason to believe in their ishable under Penal Code. (N. Y.) 165-168 existence. (Pa.) New York; assessments for repaving; petition of a majority of property-holders required. (N. Y.) 649 Paterson; power to grant licenses. (N. J.) 84 The lessee of a grand stand at the races, rePhiladelphia; duty of city controller in receiving a compensation for admission to the lation to warrants. (Pa.) 754-757 stand, was held liable to the same extent as a carrier of passengers. (Pa.) Claims for paving and curbing; frontage rule; rural property. (Pa.) 675 South Orange; form of assessments for street improvements, under Laws 1875, p. 396, § 5. (N. J.) 426 Trenton; power to grant licenses. (N. J.) 84 Prior to Act 1880, p. 190, common council had exclusive right to grant licenses. (N. J.) 83 MURDER. See HOMICIDE. 649 Where persons are in the habit of crossing a NEGLIGENCE. See CARRIERS; MASTER railroad in a particular place, although there AND SERVANT. What is. Negligence in law is when the standard is fixed, when the measure of duty is defined by the law, and is the same under all circumstances; or where the precise measure of duty is determinate and the same under all circumstances; or the violation of a fixed rule. the same under all circumstances. (Pa.) 699 Negligence may consist either in the careless performance of obligations assumed, or in neglecting to undertake the performance of obligations imposed by law. (N. Y.) 205 Whether gross negligence is known to or defined in the law is seriously doubted. (N.Y.) 205 Mere evidence of the explosion of a boiler is not evidence of negligence. (N. Y.) 392 Proximate cause is to be decided by the jury. (Pa.) 719 Where several proximate causes contribute to an accident, and each is a sufficient cause, without which the accident would not have happened, it may be attributed to all or any of them. (N. Y.) 391 Where the injury is the result of two con The erection of an obstruction to the view at a crossing, while not negligence per se, should be left to the jury to say whether, under the circumstances, it was negligence. (Pa.) 630 A railroad company has a right to a clear track at all points upon the road except at public crossings. (Pa.) 631 At public crossings the rights of railroad companies are concurrent with those of the public. (Pa.) 631 Duty of railroad to maintain flagman st crossing; liability for omission. (Pa.) 631 Railroad companies running their trains through cities or populous towns are held to a degree of care commensurate with the danger involved. (Pa.) (Editorial Notes and Briefs.) A railroad company is not liable for an in- Contributory negligence is not imputable to jury resulting from breaking or failure of ma- a person for failing to look out for danger chinery, unless it is shown that the corporation when, under the surrounding circumstances, has been guilty of negligence in regard there- the person sought to be charged with it had no to. (N. Y.) 519 reason to suspect that danger was to be appreWhere a passenger on a carrying vehicle is hended. (N. J.). 569 injured by a collision resulting from the mutual negligence of those in charge of it and of another party, the carrier alone is liable for the injury. (Pa.) 510 700 The age, intelligence, and experience of one who has suffered from an injury held to determine whether he was guilty of contributory negligence. (N. J.) 569 It is not necessary that plaintiff's negligence should directly contribute to the injury; if it approximately (that is, in the order of causation) so contributes, there can be no recovery. (N. Y.) 205 Question for jury. (Pa.) Where the evidence is conflicting, or, from the circumstances shown, inferences are to be drawn which are not certain and incontrovertible, and as to which reasonable men might differ, it is for the jury to decide. (N. Y.) 519 Whenever the facts are undisputed, and it Negligence is a question for the jury only if appears that the party has been guilty of conthere be reasonable doubt as to the facts tend-tributory negligence, it is the duty of the court ing to prove it, or as to the just inferences to to take the case from the jury. (Pa.) 914 be drawn therefrom. (Pa.) Where the admitted facts clearly show contributory negligence, it is the duty of the court to direct a verdict. (Pa.) 641 640 If there is no sufficient proof of negligence, the court must take the case away from the jury. (Pa.) 631 Pleading; evidence. The right of recovery must be confined to the particular negligence charged in the declaration. (Pa.) 718 The negligence alleged must be the proximate cause of the injury complained of. (Pa.) 631 To sustain a recovery, it must appear that there was no negligence on the part of the plaintiff that in the slightest degree contributed to the injury. (N. Y.) 786 Negligence is an affirmative fact, and must be proved by the plaintiff. (N. Y.) 786 The burden of proof rests upon the plaintiff to show the damages sustained, and to distinguish them from damages for which defendant was not responsible. (N. Y.) 205 Where the person injured is not a passenger, the burden of proving negligence rests upon him. (Pa.) 631 The fact of the explosion of a boiler is presumptive evidence of negligence, and the burden is cast upon the owner of removing the presumption. (N. Y.) 391 Contributory; in general; effect. The doctrine of contributory negligence ceases when the person inflicting the injury was guilty of gross negligence. (Pa.) 901 No matter how negligent one may have been in putting himself in a particular position, he can recover for injuries inflicted by one who could have avoided the injury by the exercise of the ordinary care which is usual with prudent persons under the circumstances. (Pa.) 901 To defeat recovery, the negligence of the party injured must have been of such a character as to draw on him the injury. (Pa.) 901 The negligence of plaintiff which will defeat his recovery must be an approximate cause of the injury. (N. J.) 569 Where one has been placed in a perilous situation by his own negligence, and yet ordinary care on defendant's part in furnishing suitable machinery would have prevented the injury, the latter is liable. (N. Y.) 519 If an injury is occasioned in any degree by plaintiff's own negligence, he is without redress, unless the act of the defendant amounted to a willful trespass or an intentional wrong. (N. J.) If it appears by plaintiff's own evidence that his own negligence contributed to the injury, it is the duty of the court to nonsuit, and a writ of error will lie for a refusal to grant a nonsuit. (N. J.) 825 To justify a nonsuit on the ground of contributory negligence, it must appear that no construction of the evidence or inference from the facts would have warranted a contrary conclusion, and that a verdict the other way would have been set aside as against the evidence. (N. Y.) 800 A nonsuit should not be granted upon the ground of contributory negligence, unless the undisputed facts show the omission or commission of some act the law adjudges negligence. (N. Y.) 391 Nonsuits are rarely permissible in actions for negligence. (N. Y.) 519 Contributory; passengers, etc. It is the general American rule that there is no privity in negligence between a passenger and his carrier; the contributory negligence of the carrier is not to be imputed to the passenger. (Pa.) 510 Where a passenger in a conveyance can have no control over those in charge of it, he cannot be held to be so identified with them as to be considered a party to their negligence. (Pa.) 510 Contributory negligence not imputable to passenger who alights from a train, on the instruction of the conductor, at an unsafe place. (Md.) 254 It is not negligence per se to stand on the step of the front platform of a street car, with the implied consent of the conductor and driver. (Pa.) 642 Where a traveler voluntarily puts his arm out of the window, it must be regarded as negligence per se. (Pa.) 900 Riding upon a railroad engine, even with the consent of the engineer, has been held negligence per se. (Pa.) 899 Travelers must stop, look, and listen before crossing the track, and failure to do so is negligence per se. (Pa.) 631, 641 If obstacles obstruct the view of the crossing, a traveler must use increased vigilance. (Pa.) 632 825 It is contributory negligence to attempt to |