which they are innocently placed by a remote purchaser, is a legal consequence of the sale, as sound, of animals suffering from an infectious disease, so as to render the seller liable for the resulting loss. Skinn v. Reutter (Mich.) 743 2. The award of punitive damages in a slander case must be limited as the circumstances in the judgment of the jury require. Gambrill v. Schooley (Md.) 427 3. The measure of damages, where the negligent delay of a telegraph company in the delivery of a message results in the loss to the sender of a sale of a quantity of corn at a price above the market value of the corn at the time and place it would have been delivered had such a sale been made, is the difference in value between the price the corn would have brought had the sale been made, and the market value of the corn at such time and place of delivery, although it was finally disposed of at a higher price owing to an advance in the market Western U. Teleg. Co. v. Nye & price. Schneider Grain Co. (Neb.) 803 DUELING. NOTES AND BRIEFS. Who may exercise right. 2. A corporation organized to build a bridge may exercise the powers possessed by Dueling; homicide in the commission of such corporations in a foreign state in which DUE PROCESS. See CONSTITUTIONAL LAW, 6-8. EJECTION. 377 it undertakes to do business by consent of such state, including that of acquiring land for approaches and terminal facilities by an exercise of the power of eminent domain, Of Person from Train, see CARRIERS, although no such power is expressly conferred upon it by its charter. & M. Bridge Co. v. Stone (Mo.) 29-32. 1. A telephone company which negligently stretches a wire over the roof of a store porch without adequate insulation owes no duty to a passerby who takes refuge under the roof from a rain storm; hence it is not liable for his death in case lightning is conducted by the wire to the roof, and kills him in reaching the ground. Cumberland Teleg. & Teleph. Co. v. Martin (Ky.) 469 2. Providing insulation sufficient to withstand lightning which may strike the wires is not within the obligation of an electric lighting company in carrying its wires into a building for the lighting of which it has contracted to furnish electric ity. Phoenix Light & Fuel Co. v. Bennett (Ariz.) NOTES AND BRIEFS. 219 Liability for negligently permitting electric wire to remain out of place, where injury results therefrom; where lightning conveyed thereby. 220 ELECTRIC LIGHT COMPANY. Duty in Insulating Wires, see ELECTRI- ELECTRIC RAILWAYS. ELEVATOR. Southern I. 301 3. Changing the words "to the uses of said corporation," in the section of a statute providing for the creation of bridge companies, which specifies for what purposes property may be acquired under the power of eminent domain, so as to read “for approaches, road, foot, or wagon ways," does not indicate an intention to deprive a company organized to construct a railroad bridge of the power to condemn property for terminal accommodations for the use of such railroads as may desire to use the bridge, since the word "road" may be held to include railroad. Id. Proximate Cause of Injury, see NEG-pensation. NOTES AND BRIEFS. EMINENT DOMAIN. 417 1. Requiring one to cut weeds on his property is not a taking of the property within the meaning of a constitutional provision that private property shall not be taken for private use, or for public use without compensation. St. Louis v. Galt (Mo.) 778 Gaylord v. Sanitary District 582 7. The legislature cannot authorize the condemnation of private property for the erection of public mills and machinery generally, without anything to show what is meant by a public mill, or anything to give the public any interest in a mill after it is Id. erected. 8. That a particular use will be of benefit to the public does not alone make it a public use, within the meaning of a constitutional provision that private property shall be taken only for public use. Healy Lumber Co. v. Morris (Wash.) 820 9. The power of eminent domain may be exercised to secure property needed for the construction and maintenance of a toll bridge. Southern I. & M. Bridge Co. v. Stone (Mo.) 301 10. A railroad bridge is within the provisions of a statute permitting the construction of bridges for public use. ld. 2. The unauthorized cancelation and sur11. Constitutional authority to acquire an render by the president of a corporation of easement over land for a private way of ne-notes given for stock subscriptions does not cessity does not empower one landowner to involve fraud on the part of the company condemn a right of way over his neighbor's which will give equity jurisdiction of a suit property for the purpose of getting his logs by its creditor to reach the unpaid subscripand timber to market. Healy Lumber Co. v. tions, although his statutory remedy by Morris (Wash.) 820 garnishment is thereby defeated. 12. The acquisition of an easement over land for the transportation to market of logs of a private owner is within a constitutional provision that private property shall not be taken for private use, and making the question whether or not a contemplated use is private one for the determination of the courts. Id. Proceedings. 13. The alienation of property pending proceedings to acquire title to it by an exercise of the power of eminent domain does not render it incumbent on the one seeking the property to amend his petition and bring in the purchaser. Southern I. & M. Bridge Co. v. Stone (Mo.) 301 NOTES AND BRIEFS. Id. 3. Compelling creditors of a corporation to elect between a pending garnishment proceeding and suit in chancery to reach unpaid stock subscriptions will not confer jurisdiction on the chancery court, if it did not otherwise exist. Id. NOTES AND BRIEFS. Eminent domain; to obtain property for construction of interstate bridge; exercise Equity; jurisdiction to look to origin of of, by agency of Federal government in regu-stock dividend to determine what is inlating interstate commerce; by foreign corcome and what is capital as between life tenporation; presumption that power to con- ant and remainderman. demn remains in state until shown to have been granted by affirmative statute. 306 588 wind up their concerns; to sequestrate corJurisdiction of, over corporate bodies to porate property by means of receiver. 792 Equitable remedy to subject choses in action to judgment after return of no property found:-(I.) Scope; (II.) general principle; (III.) enactment of statute evidencing the original jurisdiction; (IV.) effect of statutory enactment to abrogate the original rule; (V.) statutory remedy less adequate; (VI.) existence of legal remedy; (VII.) effect of discharge from imprisonment under insolvent law; (VIII.) choses in action within meaning of rule: (a) unassigned dower; (b) debt due corporation for unpaid 1. A suit to reach choses in action of the stock; (c) debt due from government or 11 municipality; (d) claim of damages for a words spoken under similar conditions tort; (e) future salary or earnings; earned where defendant stood could have been but not payable; (f) property in custodia legis; (IX.) in Federal courts; (X.) special cases; (XI.) conclusion. 673 ESTOPPEL. heard where plaintiff stood are admissible in an action for slander, the defense being that the words were not spoken. Gambrill v. Schooley (Md.) 427 4. The report of a boiler insurance com To Plead Limitation, see LIMITATION pany that its inspectors had made a proper OF ACTIONS, 1. One injured by the burning out of a fuse on an electric car does not lose the right to rely upon the doctrine of res ipsa loquitur by attempting to show particularly the cause of the accident, if at the close of the testimony the cause does not clearly appear, or if there is a dispute as to what such cause was. Cassady v. Old Colony Street R. Co. (Mass.) 285 NOTES AND BRIEFS. inspection of a particular boiler is not con- 540 5. The courts will take judicial notice of the fact that a high, rank growth of weeds in a populous community has a strong tendency to produce sickness, and to mar the health of the inhabitants. St. Louis v. Galt (Mo.) 778 6. Courts will not take judicial notice of Estoppel; of bank to deny authority of legislative acts or statutes of other states, officer. 953 Of party receiving benefit of contract of municipality to question latter's power to enter into same. 728 By conduct; essential elements of. 594 To plead defense of limitations:—(I.) Specific agreement to waive the statute: (a) in writing; (b) oral; (II.) other agreements that cause delay; (III.) request for delay; (IV.) representations as to material facts; (V.) payments; (VI.) actions on insurance policies; (VII.) actions on carriers' contracts; (VIII.) summary. EVIDENCE. 193 Sufficiency of Objection to Raise Ques- 1. That papers were seized in violation of the constitutional provision protecting ne against unreasonable searches and seizures does not prevent their being used in evidence against him if he is placed on trial upon a criminal charge. People v. Adams (N. Y.) 406 or of foreign laws. Southern I. & M. Bridge Co. v. Stone (Mo.) 301 9. The owner of an electric street car, against whom suit is brought by a passenger injured by the burning out of a fuse, is not entitled to an instruction that the doctrine of res ipsa loquitur does not apply, where the evidence might justify a finding that the resulting flame was greatly in excess of what would have resulted had the fuse been in proper condition, and the imperfect condition of the fuse could have been discovered Cassady v. by the use of reasonable care. 285 10. The ordinary burning out of a fuse in an electric car is not prima facie evidence of negligence on the part of the carrier. Id. 11. A defendant pleading nonresidence to defeat the jurisdiction of the court over him has the burden of proof to support his plea. Gambrill v. Schooley (Md.) 427 12. A carrier has the burden of showing diligence to avoid delay in the transportation and delivery of perishable freight. Parker v. Atlantic Coast Line R. Co. (N. 827 2. A stipulation that copies of a newspaper may be introduced in evidence in an action for loss of perishable freight because of alleged negligence of the carrier, upon the question of the condition of the "market and market value," is sufficient to admit them in proof of surrounding facts and cir- | C.) cumstances that directly tend to affect the value of the freight upon the market. Par ker v. Atlantic Coast Line R. Co. (N. C.) 827 3. Experiments as to whether or not 13. The burden is always on the plaintiff, in an action for personal injury, to show that the negligence charged was the proximate cause of the injury. Cole v. German Sav. & L. Soc. (C. C. A. 8th C.) 416 15. When two things equally answer the description in a will, the ambiguity may be removed by evidence. Id. Documentary evidence. 16. A clause forbidding the giving in evidence of an application for life insurance in a suit on the policy, unless it is attached thereto, when inserted in a statute requiring such attachment in case of all policies issued within the state, applies only to the class of policies with which the statute is dealing. Johnson v. Mut. L. Ins. Co. (Mass.) 833 17. It is not error to admit evidence for the identification of a letter as preliminary to showing its admissibility in evidence. Gambrill v. Schooley (Md.) 427 18. An original deed cannot be used in evidence in place of a certified copy without proving the signature of the grantor and the due execution of the deed. Id. 19. Proof of the handwriting of a subscribing witness to a recorded agreement is sufficient if it complies with the statutory requirements. Ratliff v. Ratliff (N. C.) 963 20. A paper bearing a signature the gen uineness of which is not admitted cannot be introduced in evidence for the purpose of attacking a signature to a paper in evidence by comparison. Id. 21. A copy of a registered paper is not inadmissible in evidence because the registration does not show that a revenue stamp was attached to it. Id. 22. Upon contest of a will for forgery, which sets up a conspiracy to cheat contestants out of their share of the estate, evidence is admissible of former proceedings attempting to have the estate adjudged to proponent as sole heir, of an attempt to probate a former will, and of a transfer by proponent to her husband of a large part of the estate. Farleigh v. Kelley (Mont.) 319 23. When the statute permits the introduction in evidence of copies of registered deeds, except under certain conditions, production of the original cannot be required, unless such conditions are present. Ratliff v. Ratliff (N. C.) 963 27. The conduct and behavior of bloodhounds after being set upon the trail of a fugitive criminal may not be given in evidence by the state for the purpose of proving that the scent of the accused and the scent of the person who perpetrated the crime which is being investigated are identical. Brott v. State (Neb.) 789 28. A paper not admissible in evidence because irrelevant cannot be made admis sible by the fact that the probate ordering it to registration was in the handwriting of liff (N. C.) a former judge of probate. Ratliff v. Rat963 29. Upon the question whether or not a decedent held real estate in trust, evidence that his other real estate was allotted to his widow for dower, and that he granted the second wife in consideration of love and afproperty in controversy to children by a fection, is irrelevant. Id. 24. When other writings are available for 32. Upon an issue of conspiracy to decomparison with a disputed writing in a prive representatives of a decedent of parslander case, a letter should not be admitted ticipating in his estate, evidence is admissiin evidence confined to the political issues ble that the husband of the one who secured of a pending presidential campaign, the ef- control of the estate, who was shown to be fect of which would tend to prejudice de-acting for her, upon learning of a request |