« PreviousContinue »
(CONTRACTUAL AND COMMERCIAL RELATIONS.) Attorneys'; compensation.
Executor's bond. Failure of the legislature to provide com- That a legatee is also an executor of the pensation for an attorney who is appointed testator's estate is held not to prevent the by the court to conduct disbarment proceed- enforcement for his benefit of the liability ings in accordance with the provisions of of sureties on the bond for the default of the statute is held not to absolve the county his coexecutor, when the bond is joint and from liability to make reasonable compen several in form. (R. I.) 235. sation to him for such services. (Iowa) 614.
II. CONTRACTUAL AND COMMERCIAL RELATIONS.
ance policies issued in the state, that every The enforcement of a contract by a cus- policy containing reference to the applicatom shirt maker, upon selling the good will tion must have a correct copy thereof atof his business, not to be connected with tached to it, is held to have no bearing on such business again wi in the state for policies issued by foreign companies in a period of ten years in competition with other states, although they were upon lives the purchasers, is held not to be contrary of persons domiciled in the state where the to public policy, where the customers had statute was passed. (Mass.) 833. been secured by soliciting orders in all parts The insurer is held not to be entitled to of the state. (Iowa) 608.
deduct the cost of carrying the policy from A contract by one about to enter another's the premiums to be returned, in case of reemploy for the purpose of improving ma- pudiation by an infant of a contract of inchinery used in the latter's business, that surance upon his life, since the contract is the employer shall have the benefit of all not binding on him. (Mass.) 741. inventions made by him during the term of Death caused by blood poisoning received the employment, and that, in case patents through a slight wound on the hand is held shall not be applied for, the employee shall to be the result of an accidental injury, keep the information forever secret, is held within the meaning of an accident insurance not to be unconscionable, nor against pub-policy. (Iowa) 603. lic policy, and to be enforceable. (C. C. A. A dilation of the heart, accompanied by 1st C.) 480.
deathly paleness, coldness of the extremi. Carriers; exemption from liability. ties, and a cold perspiration, which results See also infra, V.
in death in a few weeks, and is caused by The right of a carrier to refuse to receive a heavy lift, is held to be within the terms one who has been adjudged a lunatic, and of a policy insuring against the effect of who, though in charge of attendants, is bodily injury "caused solely by external, loudly cursing and using obscene language violent, and accidental means.” (Wash.) at the time of boarding the car, is upheld. 425. (Ga.) 946. If the public policy of the state forbids ning at 8 or 10 miles an hour, by a young,
An attempt to board a train of cars runthe limitation of a carrier's liability by contract, it is held that the courts of that 'strong, and active man, with experience as state will not enforce a contract for such
a "traveling man" in boarding and alightlimitation as to property negligently in- ing from moving cars, is held to be an exjured within the state while being shipped posure to “obvious risk of injury," within on a through bill of lading into the state the meaning of an accident insurance policy. from another, where the contract was made, (Ga.) 510. and where it is valid. (Pa.) 513.
A beneficiary in a mutual benefit certifiA carrier is held not to be able to absolve cate is held to acquire no vested interest in itself from its duty to furnish safe cars by either the certificate or the money to be exacting a contract requiring the shipper paid under it, and the suicide of the assured to inspect and select his car, where the is held to terminate the rights of the beneshipper is induced to take the risk by safe, ficiary the same as it would the rights but false, appearances, while the carrier of the assured's legal representative. (N. knows that the car selected is unsafe. (Ind.) Y.) 347. 948.
A mutual benefit society is held to be esA carrier is held not to be able to contract topped to take advantage of a clause in its for exemption from liability for injuries certificate relieving it from liability for caused by delays due to its own negligence. death by suicide, by a clause that, after (N. C.) 827.
the lapse of a certain period, the only conInsurance.
ditions binding on the member are the A proviso in a statute dealing with insur- agreements as to full compliance with the (CORPORATIONS AND SOCIETIES.) laws and rules of the association and full | the property, which is subsequently seized payment of the dues. (Ill.) 452.
and sold by the same officer under a lien of Recovery under a fire insurance policy is superior dignity, is held not to be liable held not to be prevented by a conveyance of on the bond for a failure to produce the the property in violation of its conditions, property at the time and place of sale, the if, prior to the loss, the property is recon- law having taken the property from his pos. veyed to the insurer. (Neb.) 334.
session. (Ga.) 450. Banks.
Principal and agent. Where the cashier of a bank, without ac- General authority of an agent to sell a tual authority so to do, undertakes to pay horse is held not to be destroyed because of his individual debts by entering the amount the unlawfulness of the act by an attempt thereof as a credit upon the passbook of his to exercise it on Sunday, so as to entitle creditor, who keeps an account with the the principal to repudiate the sale if conbank, it is held that the bank may recover summated, and recover possession of the of his creditor the amount of money it may
animal. (Md.) 724. put out upon checks drawn upon the faith
Landlord and tenant. of the unauthorized passbook entries.
The owner of property is held to be under (Kan.) 952.
no obligation to exercise care and diligence A drawee bank which pays a raised check to discover latent defects for the benefit of under the mistaken belief that it has not intending lessees, so as to be liable for inbeen altered is held to have no right to com
juries to their property by reason of such pel the collecting bank to refund the exces
defects after they have taken possession sive amount after it has, in good faith and under the lease. (Ky.) 649. without notice of fraud, turned the proceeds
Partnership. over to the payee, where the indorsement of An agreement between one having a conthe collecting bank is restrictive, and the tract to grade a portion of a railroad and drawee knows that it holds the check merely another party, by the terms of which the for collection. (Cal.) 245.
latter was to "put in" 16 mules and harness Bills and notes.
against the former's 6 mules and his servA judgment of the courts of a state where ices, and to receive one half of the net profa note is sent for collection, holding it its of the business, is held to constitute a barred by the statute of limitations, is held partnership between them as to third per. not to bar a suit upon the note in another sons, although they agreed that the second state, where the action is not barred, if, by party was to have nothing to do with the the laws of the state where the judgment work, and was not to be responsible for any was rendered, the cause of action was not debts. (Ga.) 260. extinguished by the judgment, which oper
Master and servant. ates exclusively upon the remedy. (Ky.) 206. See also infra, V. Sale; implied warranty.
A custom of railroads to keep a record of One who fills an order for a particular the causes of the discharge of employees, brand of seed by supplying the kind ordered and to decline to employ those who are disis held not impliedly to warrant that it is charged for certain causes, is held to make reasonably fit for the purpose to which it it a part of the contract of employment that is to be applied. (Ky.) 647.
no false entry as to the cause of such disBonds.
charge shall be made, or communicated, if A claimant who gives a levying officer a made, to any other railroad company. (Ky.) forthcoming bond, and retains possession of 289.
III. CORPORATIONS AND SOCIETIES.
Money earned by a corporation during a The right of the court, in the exercise of stockholder's lifetime, but not distributed its discretion, to refuse a charter to a reas dividends until after his death, is held ligious society which is organized to proto be income, and to go to a life tenant mulgate, not only religious views, but a under his will, and not to a remainderman, method of treating disease by prayer, based although the dividend amounts to 20 per upon the theory that it has no actual existcent of the face value of his stock. (III.) ence, which theory is opposed to the general 587.
policy of the state, is sustained. (Pa.) 411. 63 L. R. A.
(DOMESTIC RELATIONS.—TOR TS ; NEGLIGENCE ; INJURIES.)
IV. DOMESTIC RELATIONS.
A marriage contract procured by fraudu- | of one of the parties is procured by fraud. lent representations by the woman that dur- (N. Y.) 92. ing the man's absence from the state she The right of the legislature to forbid had given birth to a child of which he was divorced persons to marry within six months the father and which she purports to ex of the date of the decree, and to require the hibit to him, no such child ever having been decree to recite the day and date of its renborn, is held to be properly annulled by the dition, and that it does not become absolute court, where the law regards marriage as and take effect until the expiration of six a civil contract, and the statute provides months from such date, is sustained. (Kan.) that it may be annulled when the consent '959.
V. TORTS; NEGLIGENCE; INJURIES.
Injury to passenger.
to be guilty of contributory negligence in Injury to a passenger on a railroad train jumping from the car while in motion to by a missile thrown through the window by avoid an impending collision, if he acts from fellow passengers who had just alighted is a well-grounded fear of imminent danger. held to render the company liable, where its (Pa.) 507. servants knew that the passengers causing
Injury to bicyclist by street car. the injury were intoxicated, and had, before
A street car company is held to be liable leaving the train, insulted and mistreated for the death of a bicycle rider racing in the other passengers, and had threatened city streets in violation of an ordinance, that when they reached their station they where the motorman, knowing that he is in would be revenged upon their fellow pas, peril, drives his car forward onto the narsengers because the latter had interfered
row path by which the rider must cross the with their boisterous and disorderly con- tracks, when he might have stopped the car duct. (Kan.) 634.
and let him pass in safety, while the rider, A promise by a conductor to assist a fe- after discovering the presence of the car, male passenger, who is partially blind, in does all he can to avoid a collision, but is alighting from the train at her destination, unsuccessful, and is killed by colliding with is held not to amount to an undertaking on the car.
(Cal.) 238. the part of the conductor to enter the car in which the passenger is riding, assume
Ejection of drunken passenger.
A conductor who ejected from a train, a charge of her bundles, and escort her from her seat down the aisle and out upon the short distance from the station, within the platform, unless the passenger is so help- yard limits, and near dwelling houses, a less as to require this extraordinary atten
man who, although apparently intoxicated,
was able to walk and carry on intelligent tion, and the conductor has notice that such is the case. (Ga.) 68.
conversation, is held not to be guilty of neg. Those in charge of a railroad train are ligence, although he had been informed at held to be bound to warn passengers about the station that the man was not fit to to alight from it of danger of possible in travel, where the latter, when asked for his jury, where an altercation has taken place tion. (C. C. A. 6th C.) 872.
fare, refused to pay it or tell his destinabetween the railroad employees and another passenger, which has resulted in an exhibi
Injury to servant, tion of, and apparent intention to use,
The Missouri factory act, which requires deadly weapons after the latter passenger gearing and belting to be guarded, is held has left the train. (N. C.) 497.
not to abolish the defense of assumption of The owner of an electric
risk. (C. C. A. 8th C.) 551. against whom suit is brought by a passen
A foreman of a bridge construction gang ger injured by the burning out of a fuse, is held not to represent the master in directis held not to be entitled to an instruction ing, at a time when a train is passing, the that the doctrine of res ipsa loquitur does raising by a derrick, so constructed as to not apply, where the evidence might justify swing toward the track, of a stone to be a finding that the resulting flame was great placed in a pier of a railroad bridge, the ly in excess of what would have resulted effect of which is that the stone swings had the fuse been in proper condition, and against the train, and is forced against an the imperfect condition of the fuse could employee to his injury. (Ind.) 460. have been discovered by the use of reasonable A watchman at a railroad crossing, who, (Mass.) 285.
in attempting to rescue a woman from danA passenger on a street car is held not Iger from a caboose which was negligently
(TORTS ; NEGLIGENCE; INJURIES.) kicked over the crossing without warning, | Dangerous school yard; injury to pupil. at a rate of about 8 miles an hour, was By furnishing a lot and building for the struck thereby and injured, is held to be use of a school district within its limits, a entitled to recover from the railroad com- municipal corporation is held not to make pany, although the contributory negligence itself responsible for its safe condition, and of the woman may have added to his peril. not to be liable for injury to a pupil by (Ohio) 504.
reason of the defective condition thereof. Injury by servant.
(Ky.) 652. A servant who shoots at a trespasser as
Unlawful arrest. he is running away after having brok- A municipal corporation is held not to be
away from the servant, who has liable in damages for the acts of its offiarrested him and is taking him to the cers in arresting and prosecuting a person town calaboose, is held to act within the in the attempt to enforce a void ordinance scope of his employment, so as to render enacted under apparent authority of the the master liable for an injury thereby in- legislature. (Wash.) 815. flicted, where he is employed as night watch
Frightening horse. man with authority to arrest all persons Persons using horses on the highway in trespassing upon the premises. (Ga.) 257. close proximity to a gas well, and who see Injury to servant of street commissioner. an agent of the owner at or near it, are held
A street commissioner is held to owe to to have the right to presume that he will the persons employed by him for the prose
it without warning or first looking cution of public work the duty of seeing for travelers on the road, and not to be that appliances furnished by him for their guilty of contributory negligence in failing use are reasonably safe and suitable and so
to turn away from it, or to give warning of maintained, and that places designated by
their presence. (W. Va.) 896. him in which employees are to work are
Negligence as to elevator. reasonably safe. (Me.) 223.
The negligence of the owner of a building Trustee's liability for injury.
in maintaining an elevator well the door of
which could be opened from the outside, and A trustee is held not to be liable in his in permitting the door, which would bound official capacity for an injury to a person back from 1 to 10 inches when the operator who was struck, while walking on a side- jammed it, to be often left open to that ex. walk, by chips of stone, on account of the tent, is held not to be the proximate cause negligence of the trustee's servants, who of an injury to a woman, where, as she was were engaged in chiseling stone on the prem- passing along a hall to take the elevator, a ises of which he held the legal title as trus- strange boy hurried past, pushed the sliding tee. (R. I.) 227.
door of the elevator well, which was open Injury to trespasser on railroad.
from 1 to 10 inches, back as far as it would The mere occasional passage of pedes- go, and stepped back, whereupon, supposing trians along an inclosed railroad track with the boy was the elevator operator, she the knowledge of the railroad company is stepped in, and, the elevator being at an held not to be sufficient to convert a tres- upper floor in charge of the regular operpasser into a licensee or to change the deator, fell to the bottom of the well; since gree of care due him by the railroad com
the act of the boy constituted an independ
ent intervening cause. (C. C. A. 8th C.) pany. (Ky.) 657.
416. In jury to animals.
Lateral support. A deputy sheep inspector who, under a
A lot owner is held to be unable to relieve proclamation of the governor that certain himself from liability for injury to an adsheep shall be quarantined and dipped for joining building through the negligent exdisinfection, attempts to do the dipping, is cavation of his own lot, by letting the work held to act in a ministerial capacity, and to an independent contractor, if, by reason to be liable for injuries caused by negligent of the depth to which the excavation is to ly dipping the sheep in an improper bath. be carried, it might reasonably be antici(Mont.) 481.
pated that injury would probably occur Injury by diseased animals.
from the prosecution of the work unless The infection of sound hogs, with which reasonable care was exercised. (N. C.) 492. diseased hogs are innocently placed by a Lightning conducted by electric wire. remote purchaser, is held to be a legal con
Providing insulation sufficient to withsequence of the sale, as sound, of animals stand lightning which may strike the wires suffering from a contagious disease, so as is held not to be within the obligation of to render the seller liable for the resulting an electric lighting company in carrying loss. (Mich.) 743.
its wires into a building for the lighting
(PROPERTY RIGHTS; WILLS; ANNUITIES.) of which it has contracted to furnish elec- , injuries caused by its explosion through the tricity. (Ariz.) 219.
negligence of persons selected by him to inA telephone company which negligently spect and repair it, where the persons sestretches a wire over the roof of a store lected to do the work are competent, and porch without adequate insulation is held he is not aware of the negligence in the to owe no duty to a passerby who takes performance of the duty. (Pa.) 540. refuge under the roof from a rainstorm, and
Boycott. therefore not to be liable for his death in
A boycott by a combination of labor case lightning is conducted by the wire to unions against firms which they have placed the roof, and kills him in reaching the on the "unfair” list because of their emground. (Ky.) 469.
ployment of nonunion men, which consists Collision on highway.
in threatening customers, or prospective Failure to obey the statutory requirement customers, that, if they attempt to deal that one driving on a highway shall turn to with the boycotted firms, the union will the right of the middle of the traveled road make it impossible to transact business with upon meeting a traveler from the opposite them and will see that they shall be undirection, while not negligence per se, is able to get men to carry on their work, is held to be evidence of negligence sufficient held to be properly enjoined as an unlawto carry the case to the jury, although ful conspiracy. (Minn.) 753. there was ample room to pass without do
Strikes. ing so, if, by reason of the sudden shying
Ordering a strike on a building which has of the approaching horse, the vehicles are reached a stage of construction where work brought into collision, which would not cannot •be stopped without disaster, in achave happened had the statute been obeyed. cordance with an intent to pursue such (Me.) 668.
course in respect to all buildings upon Explosions.
which nonunion men are employed for the The owner of a boiler is held not to be purpose of forcing all men into unions, is liable to owners of adjoining property for 'held to be unlawful. (Pa.) 534.
VI. PROPERTY RIGHTS; WILLS; ANNUITIES.
That a machine may be used for gamb-tures to a theater by the owner of the maling is held not to destroy the property jority of the stock of the corporation having right of its owner in it, so as to prevent title to the building in order to make possihis recovering damages in case it is wrong- ble the use of the building for the purpose fully taken out of his possession, where for which it was erected, without any agreethere is nothing to show that it was ever ment that they should remain his personal used for that purpose. (Iowa) 467. property, is held to make them a part of Boundaries.
the building so as to pass under an execuWhere the boundaries of fractional lots tion sale thereof. (C. C. A. 9th C.) 783. appear by the government plat to abut on
Wills. a body of water which in fact never existed A mistake as to the section in which land at substantially the place indicated on the is located, or as to its position within the plat, it is held that the supposed meander section, is held not to defeat an attempted line will, if consistent with the other calls devise of land, where testator attempts to and distances indicated on the plat, mark dispose of all his land, and the size and the limits of the survey, and be held to be characteristics of the tract are accurately the boundary line of the land it delimits, al- stated, so that there can be no doubt as to though as a general rule a meander line is what land is referred to. (Ind.) 593. not a boundary line. (Minn.) 157.
The devise of a remainder at the death of Dividing bed of lake.
a life tenant, to be divided among testator's In dividing between riparian owners the heirs at law, is held to refer to heirs living bed of a lake which has become dry, and at the death of testator, and not at the which is of irregular shape and originally death of the life tenant. (Va.) 920. contained no inlet or outlet, it is held that Evidence that subscribing witnesses to a the inequalities caused by the broken shore will, who are out of the jurisdiction, and line should be equitably adjusted between whose signatures have been duly proved, the contiguous owners by disregarding such have made statements contradictory of the irregularities, or by treating the lake as fact contained in the attestation clause of composed of separate bodies of water, ac- the will, and are of bad reputation for honcording to the conditions. (Minn.) 296.
esty and integrity, is held to be admissible Fixtures.
for the purpose of impeaching the effect of The annexation of chairs and stage fix. I the proof of their signatures. (Mont.) 319.