tion must have a correct copy thereof attached to it, is held to have no bearing on policies issued by foreign companies in other states, although they were upon lives of persons domiciled in the state where the statute was passed. (Mass.) 833.

The enforcement of a contract by a cus-policy containing reference to the applicatom shirt maker, upon selling the good will of his business, not to be connected with such business again within the state for a period of ten years in competition with the purchasers, is held not to be contrary to public policy, where the customers had been secured by soliciting orders in all parts of the state. (Iowa) 608.

surance upon his life, since the contract is not binding on him. (Mass.) 741.

The insurer is held not to be entitled to 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 the employer shall have the benefit of all inventions made by him during the term of the employment, and that, in case patents shall not be applied for, the employee shall keep the information forever secret, is held not to be unconscionable, nor against pub-policy. (Iowa) 603. lic policy, and to be enforceable. (C. C. A. 1st C.) 480.

Carriers; exemption from liability. See also infra, V.

The right of a carrier to refuse to receive one who has been adjudged a lunatic, and who, though in charge of attendants, is loudly cursing and using obscene language at the time of boarding the car, is upheld. (Ga.) 946.

If the public policy of the state forbids the limitation of a carrier's liability by contract, it is held that the courts of that

state will not enforce a contract for such

limitation as to property negligently injured within the state while being shipped on a through bill of lading into the state from another, where the contract was made, and where it is valid. (Pa.) 513.

A carrier is held not to be able to absolve itself from its duty to furnish safe cars by exacting a contract requiring the shipper to inspect and select his car, where the shipper is induced to take the risk by safe, but false, appearances, while the carrier knows that the car selected is unsafe. (Ind.) 948.

A carrier is held not to be able to contract for exemption from liability for injuries caused by delays due to its own negligence. (N. C.) 827.

Insurance.

Death caused by blood poisoning received through a slight wound on the hand is held to be the result of an accidental injury, within the meaning of an accident insurance

A dilation of the heart, accompanied by deathly paleness, coldness of the extremities, and a cold perspiration, which results in death in a few weeks, and is caused by a heavy lift, is held to be within the terms of a policy insuring against the effect of bodily injury "caused solely by external, violent, and accidental means.' (Wash.) 425.

ning at 8 or 10 miles an hour, by a young, An attempt to board a train of cars runstrong, and active man, with experience as a "traveling man" in boarding and alighting from moving cars, is held to be an exposure to "obvious risk of injury," within the meaning of an accident insurance policy. (Ga.) 510.

A beneficiary in a mutual benefit certificate is held to acquire no vested interest in either the certificate or the money to be paid under it, and the suicide of the assured is held to terminate the rights of the beneficiary the same as it would the rights of the assured's legal representative. (N. Y.) 347.

A mutual benefit society is held to be estopped to take advantage of a clause in its certificate relieving it from liability for death by suicide, by a clause that, after the lapse of a certain period, the only conditions binding on the member are the

A proviso in a statute dealing with insur- agreements as to full compliance with the

laws and rules of the payment of the dues.

(CORPORATIONS AND SOCIETIES.)

association and full | the property, which is subsequently seized (III.) 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 posveyed to the insurer. (Neb.) 334. session. (Ga.) 450.

Banks.

Where the cashier of a bank, without actual authority so to do, undertakes to pay his individual debts by entering the amount thereof as a credit upon the passbook of his creditor, who keeps an account with the bank, it is held that the bank may recover of his creditor the amount of money it may put out upon checks drawn upon the faith of the unauthorized passbook entries. (Kan.) 952.

A drawee bank which pays a raised check under the mistaken belief that it has not been altered is held to have no right to compel the collecting bank to refund the excessive amount after it has, in good faith and without notice of fraud, turned the proceeds over to the payee, where the indorsement of the collecting bank is restrictive, and the drawee knows that it holds the check merely for collection. (Cal.) 245.

Bills and notes.

A judgment of the courts of a state where a note is sent for collection, holding it barred by the statute of limitations, is held not to bar a suit upon the note in another state, where the action is not barred, if, by the laws of the state where the judgment was rendered, the cause of action was not extinguished by the judgment, which operates exclusively upon the remedy. (Ky.) 206.

Sale; implied warranty.

One who fills an order for a particular brand of seed by supplying the kind ordered is held not impliedly to warrant that it is reasonably fit for the purpose to which it is to be applied. (Ky.) 647.

Bonds.

A claimant who gives a levying officer a forthcoming bond, and retains possession of

An agreement between one having a contract to grade a portion of a railroad and another party, by the terms of which the latter was to "put in" 16 mules and harness against the former's 6 mules and his services, and to receive one half of the net prof its of the business, is held to constitute a partnership between them as to third persons, although they agreed that the second party was to have nothing to do with the work, and was not to be responsible for any debts. (Ga.) 260.

Master and servant.

See also infra, V.

A custom of railroads to keep a record of the causes of the discharge of employees, and to decline to employ those who are discharged for certain causes, is held to make it a part of the contract of employment that no false entry as to the cause of such discharge shall be made, or communicated, if made, to any other railroad company. (Ky.) 289.

III. CORPORATIONS AND SOCIETIES.

Money earned by a corporation during a stockholder's lifetime, but not distributed as dividends until after his death, is held to be income, and to go to a life tenant under his will, and not to a remainderman, although the dividend amounts to 20 per cent of the face value of his stock. (Ill.) 587.

63 L. R. A.

The right of the court, in the exercise of its discretion, to refuse a charter to a religious society which is organized to promulgate, not only religious views, but a method of treating disease by prayer, based upon the theory that it has no actual existence, which theory is opposed to the general policy of the state, is sustained. (Pa.) 411.

(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 had given birth to a child of which he was the father and which she purports to exhibit to him, no such child ever having been born, is held to be properly annulled by the court, where the law regards marriage as a civil contract, and the statute provides that it may be annulled when the consent 959.

The right of the legislature to forbid divorced persons to marry within six months of the date of the decree, and to require the decree to recite the day and date of its rendition, and that it does not become absolute and take effect until the expiration of six months from such date, is sustained. (Kan.)

V. TORTS; NEGLIGENCE; INJURIES.

Injury to passenger. Injury to a passenger on a railroad train by a missile thrown through the window by fellow passengers who had just alighted is held to render the company liable, where its | servants knew that the passengers causing the injury were intoxicated, and had, before leaving the train, insulted and mistreated the other passengers, and had threatened that when they reached their station they would be revenged upon their fellow passengers because the latter had interfered with their boisterous and disorderly conduct. (Kan.) 634.

to be guilty of contributory negligence in jumping from the car while in motion to avoid an impending collision, if he acts from a well-grounded fear of imminent danger. (Pa.) 507.

Injury to bicyclist by street car.

A street car company is held to be liable for the death of a bicycle rider racing in city streets in violation of an ordinance, where the motorman, knowing that he is in peril, drives his car forward onto the narrow path by which the rider must cross the tracks, when he might have stopped the car and let him pass in safety, while the rider, after discovering the presence of the car, does all he can to avoid a collision, but is unsuccessful, and is killed by colliding with the car. (Cal.) 238.

A promise by a conductor to assist a female passenger, who is partially blind, in alighting from the train at her destination, is held not to amount to an undertaking on the part of the conductor to enter the car Ejection of drunken passenger. in which the passenger is riding, assume 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 attention, and the conductor has notice that such is the case. (Ga.) 68.

Those in charge of a railroad train are held to be bound to warn passengers about to alight from it of danger of possible injury, where an altercation has taken place between the railroad employees and another passenger, which has resulted in an exhibition of, and apparent intention to use, deadly weapons after the latter passenger has left the train. (N. C.) 497.

The owner of an electric street car, against whom suit is brought by a passenger injured by the burning out of a fuse, is held not to be 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 by the use of reasonable care. (Mass.) 285.

man who, although apparently intoxicated, was able to walk and carry on intelligent conversation, is held not to be guilty of negligence, although he had been informed at the station that the man was not fit to travel, where the latter, when asked for his fare, refused to pay it or tell his destina

tion.

(C. C. A. 6th C.) 872.

Injury to servant. The Missouri factory act, which requires gearing and belting to be guarded, is held not to abolish the defense of assumption of risk. (C. C. A. 8th C.) 551.

A foreman of a bridge construction gang is held not to represent the master in directing, at a time when a train is passing, the raising by a derrick, so constructed as to swing toward the track, of a stone to be placed in a pier of a railroad bridge, the effect of which is that the stone swings against the train, and is forced against an employee to his injury. (Ind.) 460.

A watchman at a railroad crossing, who, in attempting to rescue a woman from danA passenger on a street car is held not ger 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 struck thereby and injured, is held to be entitled to recover from the railroad company, although the contributory negligence of the woman may have added to his peril. (Ohio) 504.

Injury by servant.

A servant who shoots at a trespasser as he is running away after having broken away from the servant, who has arrested him and is taking him to the town calaboose, is held to act within the scope of his employment, so as to render the master liable for an injury thereby inflicted, where he is employed as night watchman with authority to arrest all persons trespassing upon the premises. (Ga.) 257. Injury to servant of street commissioner. A street commissioner is held to owe to

the persons employed by him for the prose cution of public work the duty of seeing that appliances furnished by him for their use are reasonably safe and suitable and so maintained, and that places designated by him in which employees are to work are reasonably safe. (Me.) 223.

Trustee's liability for injury. A trustee is held not to be liable in his official capacity for an injury to a person who was struck, while walking on a sidewalk, by chips of stone, on account of the negligence of the trustee's servants, who were engaged in chiseling stone on the premises of which he held the legal title as trus(R. I.) 227.

By furnishing a lot and building for the use of a school district within its limits, a municipal corporation is held not to make itself responsible for its safe condition, and not to be liable for injury to a pupil by reason of the defective condition thereof. (Ky.) 652.

The negligence of the owner of a building in maintaining an elevator well the door of which could be opened from the outside, and in permitting the door, which would bound back from 1 to 10 inches when the operator jammed it, to be often left open to that extent, is held not to be the proximate cause of an injury to a woman, where, as she was passing along a hall to take the elevator, a strange boy hurried past, pushed the sliding 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 de-ator, fell to the bottom of the well; since gree of care due him by the railroad company. (Ky.) 657.

tee.

Injury to animals.

A deputy sheep inspector who, under a proclamation of the governor that certain sheep shall be quarantined and dipped for disinfection, attempts to do the dipping, is held to act in a ministerial capacity, and to be liable for injuries caused by negligent ly dipping the sheep in an improper bath. (Mont.) 481.

Injury by diseased animals.

The infection of sound hogs, with which diseased hogs are innocently placed by a remote purchaser, is held to be a legal consequence of the sale, as sound, of animals suffering from a contagious disease, so as to render the seller liable for the resulting loss. (Mich.) 743.

the act of the boy constituted an independent intervening cause. (C. C. A. 8th C.) 416.

Lateral support.

A lot owner is held to be unable to relieve himself from liability for injury to an adjoining building through the negligent excavation of his own lot, by letting the work to an independent contractor, if, by reason of the depth to which the excavation is to be carried, it might reasonably be anticipated that injury would probably occur from the prosecution of the work unless reasonable care was exercised. (N. C.) 492.

Lightning conducted by electric wire. Providing insulation sufficient to withstand lightning which may strike the wires is held not to be within the obligation of an electric lighting company in carrying 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.

A telephone company which negligently stretches a wire over the roof of a store porch without adequate insulation is held to owe no duty to a passerby who takes refuge under the roof from a rainstorm, and therefore not to be liable for his death in case lightning is conducted by the wire to the roof, and kills him in reaching the ground. (Ky.) 469.

Collision on highway.

Failure to obey the statutory requirement that one driving on a highway shall turn to the right of the middle of the traveled road upon meeting a traveler from the opposite direction, while not negligence per se, is held to be evidence of negligence sufficient to carry the case to the jury, although there was ample room to pass without doing so, if, by reason of the sudden shying of the approaching horse, the vehicles are brought into collision, which would not have happened had the statute been obeyed. (Me.) 668.

Explosions.

The owner of a boiler is held not to be liable to owners of adjoining property for

negligence of persons selected by him to inspect and repair it, where the persons selected to do the work are competent, and he is not aware of the negligence in the performance of the duty. (Pa.) 540.

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 there is nothing to show that it was ever used for that purpose. (Iowa) 467. Boundaries.

for which it was erected, without any agreement that they should remain his personal property, is held to make them a part of the building so as to pass under an execution sale thereof. (C. C. A. 9th C.) 783. Wills.

A mistake as to the section in which land is located, or as to its position within the section, is held not to defeat an attempted devise of land, where testator attempts to dispose of all his land, and the size and characteristics of the tract are accurately

Where the boundaries of fractional lots appear by the government plat to abut on a body of water which in fact never existed at substantially the place indicated on the plat, it is held that the supposed meander line will, if consistent with the other calls and distances indicated on the plat, mark the limits of the survey, and be held to be 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 not a boundary line. (Minn.) 157.

Dividing bed of lake.

In dividing between riparian owners the bed of a lake which has become dry, and which is of irregular shape and originally contained no inlet or outlet, it is held that the inequalities caused by the broken shore line should be equitably adjusted between the contiguous owners by disregarding such irregularities, or by treating the lake as composed of separate bodies of water, according to the conditions. (Minn.) 296.

what land is referred to. (Ind.) 593.

The devise of a remainder at the death of a life tenant, to be divided among testator's heirs at law, is held to refer to heirs living at the death of testator, and not at the death of the life tenant. (Va.) 920.

Evidence that subscribing witnesses to a will, who are out of the jurisdiction, and whose signatures have been duly proved, have made statements contradictory of the fact contained in the attestation clause of the will, and are of bad reputation for honesty and integrity, is held to be admissible for the purpose of impeaching the effect of The annexation of chairs and stage fix- the proof of their signatures. (Mont.) 319.

Fixtures.