Page images

Page. Subject.

Page to be reimbursed by the County

the Act of 1836, P. L. 592, alleging Treasurer for the portion of the

that she had been aggrieved by the license fee paid by him for the time

finding. It was held that she was after July 1, 1919, during which he

not one "aggrieved" within the was prevented from carrying on the

meaning of the act, in that the findbusiness for which he was licensed,

ing must affect a property right or by regulation of the President of the

interest rather than relationship by United States or the Secretary of

blood or marriage before a traverse War

303 of the inquisition could be allowed. 641 The sale of vinous, spirituous and malt

liquors containing less than one-
half of one per cent. alcohol


forbidden in Pennsylvania, and is

a crime unless the seller is duly
licensed under the Act of May 13,

Machinery placed in a building leased

for 1887, P. L. 113, and applies to sales

manufacturing purposes and at retail or wholesale


which the owner had the right to No retail liquor licensed dealer who

remove at any time was taxable has failed to make the monthly pay

as real estate for county purposes ments in advance as required by the

against the owner.....

Act of February 26, 1919, P. L. 10,
can retain his license by now mak MAGISTRATE.
ing the omitted payments, but by

An action on a contract to sell land,
expressed terms of said Act,

being in respect to land, is not
the license was terminated when

within the jurisdiction of a justice
he defaulted
815 of the peace..


Under the Act of July 7, 1879, P. L. LOANS.

194, enlarging the jurisdiction of The Act of June 17, 1915, as amended

justices of the peace from $100 to by the Act of June 4, 1919, and

$300, a defendant is not obliged to known as the "Loan Shark "Act,"

set off a counter-claim against the authorizes the lending of money in

plaintiff in excess of $100 under sums up to $300 in accordance with

penalty of losing his claim.... 500 the provisions of the act, but one

A magistrate's record should licensed under this act is not au


that ne had
thorized to
in a banking


of the business, or

parties and of the subject-matter, to discount negotiable

and it is not sufficient to say that instruments, the act sepcifically pro

the claim is

"for viding that no interest shall be

moneys in the charged in advance


possession of the defendant belong-
ing to the plaintiff"..


Where there has been a full hearing
The Commonwealth's claim against

before a justice of the peace on a
the estate of an alleged indigent

charge of pollution of waters under lunatic under the Act of June 1,

the Act of July 28, 1917, P. L. 1215, 1915, was refused where it appeared

and the defendant has been acthat the Commonwealth failed to

quitted and discharged, the case is present its bill to the administrator

ended and the Commonwealth has or committee at the time the estate

no appeal

581 was audited in court and distribu

Sections 19 and 20, of the Act of July tion ordered. Neither were the

22, 1915, P. L., making it an indictdistributees held liable, as the an

able offense for supervisors of townswer to the petition denied any in

ship roads the right to keep said debtedness, but averred that all bills

roads in

repair, were specifically
rendered for
keeping the

repealed by the General Township
had been paid to the Hospital for

Act of July 14, 1917, P. L. 840, so
Insane, and these averments

that such malfeasance as the fail-
had not been refuted


ure to properly construct and mainBinding instructions in favor of the

tain highways within their towndefendant were given in an action

ships is no longer a misdemeanor
of assumpsit where


or indictment in the Quarter Ses-
were made during the period when

sions Court. The jurisdiction now the defendant, by a decree of a

by statute is in the justice of the court of competent jurisdiction, was

peace. Indictment for failure to not only a lunatic without lucid

repair certain highways and to reintervals, but also while his estate

move therefrom loose stones quashed 651 was in the hands of a committee

A justice of the peace having found duly appointed. That decree fixed

defendant guilty of violating the the status of the lunatic and that

Motor Vehicle Act of June 30, 1919, status continued until he was by

P. L. 678, he has no alternative but proper proceedings restored to

to impose a fine. He has no power sanity. This was final judg

to remit the fine and collect only ment of the Court and the effect

his costs

698 of it was that defendant was conclusively presumed to be incompetent

Intricate and complicated questions of

law involving the construction of a
to enter into any such contracts as
those involved, whereby his estate

lease and an agreement of sale of
might be charged


real estate are not intended by the The Court of Common Pleas has

landlord and tenant statutes to be

no power to make an order on a peti

submitted to the decision of a justion by a general creditor to require

tice of the peace, and equity reguardians or committees in lunacy

strained ejectment proceedings be-
to pay debts for maintenance prior

fore a justice of the peace on a bill
the appointment. The statute

filed by a tenant where the valid-
provides a simple method to ob-

ity of a sale of real estate was intain compensation for maintenance


769 from the estate of the lunatic.... 313

Jurisdiction by a justice of the peace A traverse of the finding of an in

must be shown affirmatively by the quisition in lunacy was quashed

record. Nothing is to be presumed where the return was against lunacy,

in favor of jurisdiction...

864 but that petitioner had probable cause for filing the petition. After MALICIOUS PROSECUTION. the return the mother of the alleged

In an action of malicious prosecution, lunatic brought a proceeding under

probable cause is for the court, and


Page. where the facts justified the arrest of plaintiff by defendant, judgment Was entered in favor of defendant non obstante veredicto

282 Where in an action of trespass for

malicious prosecution the statement did not contain an avermelit that the defendant knew before it brought suit against the plaintiff that she was not indebted to it in any way, it was held error to give binding instructions for defendant, The admissibility of evidence under the pleadings must be determined by the trial judge



Page. 1915, the widow is not entitled to a fixed definite and final suni

of money, such as would be awarded her by a verdict at common law to compensate her for the death of her husband, and on appeal the computed award of the board was set aside as upon her re-marriage, her right to

compensation under the act ceased

553 A common law marriage may be es

stablished by acts and declarations of the decedent and when 80 tablished the widow may have appraisers appointed to set aside the exemption under the Intestate Act of 1917




A motion to take off a non-suit on a

writ of mandamus to compel the
municipal authorities to reinstate
relator in his position as a city de-
tective was refused where ap-
peared that relator had been dis-
inissed in · 1912 and instituted re-
instatement proceedings in 1917. He
was barred by his own laches under
the rules of the Civil Service Com-
mission which required action in
such matters within one year of

43 The power of the Court to fill a va

cancy on a Fourth Class School
Board under Section 214 of the
Scool Code of May 18, 1911, P. L.
309 comes into play only when
the School board has for thirty days
made default in the performance
of its duty, primarily resting upon
it, to fill an existing vacancy and
if there has been no such default
because a vacancy has not legally
existed, or


been known to the board, for more than thirty days prior to the presentation of a petition, praying for the filling of a vacancy, the petition must be denied

167 The Federal Trade Commission cannot

compel by mandamus a corporation to reveal production costs and trade secrets relating to the manufacture of a patented commodity used in the United States navy, where such information was sought for use of the Navy Department to enable it to fix a price, in that the Act of Congress of September 26, 1914, creating said commission conferred such powers only where questions of unfair competition in commerce were involved and where it affirmatively appeared that defendant was engaged in interstate commerce

257 Mandamus is a proper proceeding to

enforce the performance of an official duty; equity to prohibit interference with the enjoyment of legal rights

529 On a writ of mandamus relator's

prayer to be restored to membership in a beneficial society was refused and judgment entered for defendant where relator had not taken an appeal to the society as provided by its by-laws after his expulsion in that he could not seek redress in the civil courts until after he had complied with the laws of the society


A divorce was refused on the ground

of adultery and the Master's recom-
mendations were overruled where
although the evidence showed su-
spicious circumstances connected
with respondent's conduct and in-
discreet actions which aroused
criticisms, yet in the absence of
such proof as would move the con-
science of a chancellor, and lead to
a moral conviction of respondent's
guilt, the Court could not grant a
decree. The burden is upon the

323 Where the testimony before the

master in divorce: failed to establish clearly that respondent was guilty of desertion; that she did not object to her husband going away or that there was not collusion as to the service of the papers, the Court referred the case back to the master with instructions take additional testimony and clear up doubtful questions

333 A master's conclusion in his report in

partition proceeding as to specific debt was overruled where the conclusion was not supported by the evidence. Conclusions pred!. cated of inferences, contradictory to or insupported by, facts, are of little value and exception to report sustained

365 Where it was


that the libellant could testify to a state of facts which would probably entitle her to a decree the court sent the case back

to the Master So that libellant may have an opportunity to enlighten the Court as to the real facts of the case

756 In a bill for partition, a cross-petition

by defendant, asked for an accounting for the rental value of the real

estate occupied by plaintiff. This was a matter to be disposed of by the master in adjusting the rights of the parties...

758 The findings of fact of a master in

divorce do not have the same force and effect as the findings of fact of a referee in a civil case, or of a court in a case tried before the court without a jury, which will

be disturbed except for manifest error, and it is the duty of the court to review the case on its merits, to examine and consider the evidence, and to determine by its own judgment the controversy presented, stating its reasons for overruling or sustaining the exceptions to the master's findings. But it is the duty of the court to give consideration to the opinion and report of the master, particularly where the evidence is made up largely of oath against oath and the veracity of the witnesses is involved, and where the master states in his report that in reaching his


[blocks in formation]

Page. Subject.

Page. conclusions he took into considera

MERCHANDISE. tion in connection with the testi

It is not essential that the attachment mony the appearance and impres

be based on an averment of actual sion made by the witnesses in giv

fraud in bulk sales

336 ing their testimony



See Army and Navy.
See also Negligence, Trespass.
Defendant was not liable in damages

for personal injuries to plaintiff,

Under the Act of May 23, 1919, P. L. a high school boy between 13 and

275, it was evidently the intention 14 years of age, who, after having

of the Legislature to permit tests of grown tired waiting for

a street

milk nd cream to be made under car, seeing the defendant's truck

the direct supervision of the "cerpassing, asked the chauffeur to

tified tester," even though all

of allow him to ride upon it. The

the tests were not physically made chauffeur agreed and the boy rode

by such "tester".

153 to his destination. In getting off, the chauffeur having stopped the

MINE INSPECTOR. truck at his request, he was thrown

It is

a necessary qualification for a to the street and severely injured

candidate for the office of mine inby the sudden starting of the truck.

spector to have a certificate of a The chauffeur was not acting with

successful examination under the in the scope of his employment,

provisions of the Act of June 1, 1901, and his employer was not


P. L. 535, and an old certificate or and was under no duty to protect

one used for the purpose of qualifyplaintiff

ing as


candidate at a previous

election, is not sufficient to entitle While the Workmen's Compensation

the holder to become a candidate Act of 1915 has made no specific pro

for the office at an election hela vision for the safeguarding of the

this year

375 interests of defendant in the adjustment of any particular claim, the

MINES AND MINING. law will step in and fill the gap

One who is selling coal lands is not where the payment of the award

bound to disclose to his vendee the would result in a fraud upon the

opinion he may have former as to rights of the employer, and de

the amount and value of the coal prive him of the proper protection

under the surface, or the facts and which the law, considered as a

circumstances known to him which whole, intended to throw around

have led to that opinion, unless ne him

knows that the coal

has been There is no provision of the Work

already mined out or has otherwise men's Compensation Act of June 2,

made it certain that no coal is to 1915, P. L. 736, giving authority to

be found

548 a referee, or to the Compensation Board, or to the Court, to require

MINORS. an employer to give work to an

See also children. injured employe, and no order or

It is unlawful. under the Act of May judgment based upon such a require

13, 1915, P. L. 286, for a minor under ment an be sustained..

853 the age of 16 years of age to be em

ployed or permitted to work in stripMECHANICS' LIEN.

ping tobacco, whether it be done at A mechanic's lien filed by a contractor

a tobacco factory or the tobacco be

taken to the home of the for "labor and materials furnished"


and the stripping done there...... 442 and

attaching an itemized statement was sufficient and rule to

MISJOINDER, strike off discharged..


See Actions.




MORTGAGES. See also Physicians and Surgeons.

See Deeds and Mortgages. Under the Act of June 7, 1917, P. L.

564, amending the Act of May 8,
1903, P.

470, any preparation

The party managing or controlling a which does not contain the ingredi

moving-picture theater, as well as ents in the proportions prescribed

the person actually operating the by the official formulae as to stand

motion picture machine used in conard of strength, quality and purity,

nection therewith, is liable to the violates the law and subjects those

penalties for a violation of the Code selling the preparation to the penal

of Safety Standards governing the ties provided therein


operation motion picture ma

chines, effective March 1. Medicine is defined to be a substance used as a remedy for disease, a sub

There is nothing in the Act of May stance having, or supposed to have,

15, 1915, P. L. 534, relating to cencurative properties. “Drug' is de

soring of moving pictures, to prefined as any


Vent vegetable, animal

a criminal prosecution mineral substance used in the com

showing an immoral picture under position or preparation of medicine. 702

the Act of April 13, 1911, P. L. 61.. 172


See also Automobiles, Negligence. A jobber was not liable for a mercan

The Commissioner of State Highways tile license tax where the evidence

is not obliged to suspend the license showed that of the gross amount of

of any owner, operator or paid drivbusiness transacted and upon which

er of a motor vehicle, although an the assessment of tax was made,

accident has happened through his was derived from business carried

recklessness or carelessness and the on with residents of foreign states

sworn statements of two reputable and was therefore inter-state busi

citizens have been furnished. The ness which is not subject to tax by

power lodged in the Commission by the Commonwealth of Pennsylvania. 139 í the Act of June 30, 1919 P. L. 678,


Page. Subject.

Page. is discretionary. Each case should

on a different basis from ordinary be decided in the light of its pe

public service companies;

for, culiar facts

430 though engaged in rendering the Where plaintiff sold defendant an au

same kind of service as the latter, tomobile, taking a stolen machine

they are entitled to derive therein part payment, it was held in an

fron a just gain.....

113 action of replevin that the sale was

The legislature having omitted muninot void, but there was a failure of

cipal corporations, when defining the consideration to the extent of the

term "Public Service Company" and value of the stolen machine, in that

declared that the term "corporation" it did not appear that the vendee

did not include municipal corporaknew the machine had been stolen.. 502 tions, except where otherwise speA duly authorized agent of an auto

cially provided, and that property mobile manufacturer who has been

owned by a municipality should not supplied with dies for the purpose

be subject to the Commission, exof stamping numbers upon motors to

cept as provided; it would be a viobe used in automobiles of such man

lation of the settled rules of conufacture, may remove a damaged

struction to hold that the power to motor, destroy the same and re

fix water rates or rents for the City place it with a new motor, stamp

of Pittsburgh can be read into the ing thereon the number which ap


122 peared upon the old motor, with

The Act of March 25, 1903, P. L. 54, out securing a permit from the

relating to municipal corporations State Highway Commissioner... 660

of the second class, creates the ofAn automobile dealer, for a bona fide

fice of tenement house inspector, purpose of demonstrating to a pur

"whose duty it shall be to regularly chaser or prospective purchaser the

inspect the tenement houses within qualities and capacity of a motor

this act and to see that the requiretruck, may load the same with

ment therefore


enforced so merchandise and operate it under

that the owner of a tenement house the dealer's registration plates

was held liable in damages to an either before or after a contract of

inspector who was injured by the sale has been entered into...


breaking of stairs leading to a celThe owner of a truck was not liable

lar while in the performance of his in damages for injuries caused

official duties

425 while an employee was driving the car without the owner's knowledge

Equity considers that done which one

has agreed to do, and a borough and on an errand not connected

having by ordinance agreed with a with the owner's business.


railroad to vacate the street upon The Act of June 30, 1919, P. L. 70, known as the Automobile Act, ap

which plaintiff's property abutted,

for the purpose plies to sales of cars made by a

of elevating the

tracks and changing the grade, no sheriff in obedience to a writ of

damages could be recovered for alexecution. In such sales, the sheriff

leged injury to plaintiff's land by may make the "vendor's affidavit.". 683

reason of the street being closed... 504 Defendant driving an automobile was

A city ordinance defining the powers held liable in damages to plaintiff

and duties of the Department of who was injured as he was about

Public Safety and Bureau of Buildto ente: а. street car. Plaintiff

ing Inspection therein, which emclaimed the street car had stopped

powers and directs the department and he had looked up and down

and the bureau to inspect, regulate, the street before stepping from the

supervise and control the construcourb. Defendant claimed the street

tion and alteration of buildings and car was slowing down but had not

to issue permits in respect thereto as stopped, This was a question for

therein, or thereafter, by ordinance the jury and new trial refused..... 687 prescribed, and makes it the duty In an action for damages caused by

of the bureau to examine and pass the collision between a truck and a

upon all applications for permits train at a grade crossing, there

for the construction, alteration, recould be no recovery against the

pair, use and occupancy of builddefendant railroad company where

ings; approve or disapprove same the collision occurred on a clear day

and issue or refuse to issue any and and plaintiff testified that he at

all permits, is a restriction upon the tempted to cross the tracks after

use of real property and must be noticing an obstruction but did not


529 stop to investigate. Plaintiff was

To hold that a city, by its department guilty of contributory negligence

of safety, may not do any act havwhen he did not get off his truck, go

ing for its object and purpose the to the track and determine what the

protection of the public, merely beobstruction was, Judgment for de

cause the charter of the city does fendant non obstante veredicto.... 689

not specifically provide for an A justice of the peace having found

emergency that could not have been defendant guilty of violating the

anticipated, would place an unreasMotor Vehicle Act of June 30, 1919,

onable restriction upon the exercise P. L. 678, he has no alternative but

of government powers by the munito impose a fine. He has no power

cipality, so that equity has power to remit the fine and collect only his

to refuse an injunction to compel costs


the city at the instance of a prop

erty owner to permit the erection of MULTIPLICITY OF SUITS.

an auto-station and garage that See Actions, Assumpsit, Equity.

would be a menace to the public... 531

There is no distinction in law between MUNICIPALITIES.

the terms "legal rights of citizens When rendering the same character of

in the use of streets, squares, etc." service as public service companies,

and "public interests" as used in a
municipalities for

municipal ordinance prohibiting pub-
many purposes
must be considered and treated like

lic moetings or parades without a private corporations, but, for pur

permit from the municipal authorposes of supervision over their in


534 ternal management it can readily

The City of Pittsburgh had no legal be seen they may justifiably be put

right to enact a city ordinance cre


Page. Subject.

Page. ating a bureau of securities, with a

N. superintendent and office force with NAMES. salaries attached to supervise the


Charters, Divorce, Fictitious sale of corporate securities. Sec

Names, Notice. tion 16, of the Charter Act of 1901,

A subscription for stock in a proposed empowers councils of cities of the

corporation must


regarded as second-class "to create any office

having been made with the underwhich they may deem necessary for

standing that the name was subthe good government and interests

ject to change by the State, which of the City, and to regulate and

has the right to control the selecprescribe powers, duties and

tion of the names of corporations. . 602 compensations of all such said of

Misspelling the name of respondent in fices." This does not mean, how

notices ot a divorce proceeding ever, that the City may set up bu

where personal service is had and reaus and create offices to do what

the respondent appears is harmless ever they please. It means that for


842 the carrying out of the powers and the performance of the duties placed NAVY. upon them they may create offices,

See Army and Navy. and may assign one subject to one department and another to another,

NEGLIGENCE. but it gives no authority whatever

The plaintiff was injured, while coastfor creating offices to do that which

ing, by her sled colliding with the the city is not empowered to do... 551 automobile of the defendant, and Regulations issued by the Chief of the

recovered a verdict where the eviBureau of Fire Protection under the

dence showed that there was sufAct of July 1, 1919, P. L. 710, have

ficient room in the cartway for both the force of a law, and no munici

to have passed safely and after the pality can legally pass ordinances

accident the wheels of the automoproviding inconsistent or less string

bile were found to be on the curb ent regulations. The State authori

and blocking the way for plaintiff's ties are rot concerned in such ordi

sled. Conflicting testimony as to nances imposing more stringent

how this automobile came into that rules. This is a matter between the

position was a question for the jury. 28 municipality and the company sub

Where plaintiff was injured by falling jected to the additional regulations 627 into at skip-pit in a furnace while A city was held not liable in_damages

walking over some planks temporfor injuries caused

there by Plaintiff's

arily placed

while improvements


were being made it fall on a sidewalk which happened

a at night and at a poorly lighted

question for the jury whether despot on a sloping sidewalk when it

fendant was liable in damages when was snowing. It was not sufficient

there was evidence from which the to say that Plaintiff "slipped."

jury could The


that found

the city would not be liable simply for

place was not properly lighted, ala fall caused by weather conditions. 654

though strongly contradicted, and A municipality cannot stop the opera

from plaintiff's testimony the jury tion of street cars simply by repeal

could also have found there was no ing the franchise ordinance, in that

other way, inside the stock-house,

that was safe for a contract with a public service cor

travel, even poration fixing rates


though that position was strongly whether for a definite or indefinite

denied by defendant, and defendperiod, has no binding force, when

ant's motions for new trial and

33 its terms conflict with the rates fixed

judgment n. o. v. overruled....... in the method prescribed by the

Defendant, the owner of an automoPublic Service Company Law of July

mile, was held liable in damages for 26, 1913, P. L. 1374; and this is so

the death of one invited to ride in even where there has been a limi

the automobile where the automotation by a municipality of the rates

bile collided with a motor truck. to be charged by a public service

The owner of the truck would also company, contingent upon the con

be liable for the negligent operation sent of the municipality to the use

of the truck by its chauffeur and an of its streets.......

678 action would lie against each, nor

would the agreement of one of the MUNICIPAL IMPROVEMENTS.

defendants to pay a certain sum in See also Viewers.

settlement of the case prevent the The Act of July 8, 1919, P. L. 786,

recovery of a judgment against the relating to municipal improvements

other defendant

97 by townships is retroactive and the

When plaintiff sued to recover the valtitly is suffici, nt


ue of a horse with consequent loss A property owner is not concerned

alleged to have been injured by dewith the matter or the means by

fendant's truck in passing plaintiff's which the persons who are allowed

team, the court refused to set aside damages may recover the annount

a verdict

on conflicting evidence. awarded by viewers in the construc

This was a question for the jury.. 100 tion of a sewer, and exceptions to a

Defendant was liable in damages for viewers report dismissed where the

injuries received by a minor under report simply showed the amount of

18 years of age while operating a damages awarded and the benefits

crane used in raising, lowering and assessed, as well as the amount as

transporting pipe, scrap and other sessed against the city. An appeal

material. Such work was prohibitin such a case cannot be granted

ed by the Act of May 15, 1915, P. L. on the ground that the benefits as

284, which declares that no minor sessed against a particular property

under 18 years of age shall be emwere used to pay damages awarded

ployed or permitted to work in the another owner

637 operation or management of hoisting machines


The Court will lift a non-guit in a See Liens.

case where a small child has been

killed by an automobile driven at MURDER.

such & speed that after the acciSee Criminal Law, Homicide.

dent it strikes the curb, shears some


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