17

PARENT AND CHILD: See EMPLOYER
AND EMPLOYEE; SALES.
Adoption.-Court will order the adop-
tion of minor child with consent of
one parent where other parent has ne-
glected child. Adoption of Chas.
Stamm
PARTNERSHIP: See CRIMINAL LAW.
Receiver-Distribution.-On distribution
by receiver of insolvent partnership
creditor entitled to dividend on full
claim notwithstanding partial payment
out of collateral; insolvent Act of 1901
has no application. Arnold vs. Arnold. 34
Notes.-Notes signed by firm and each
member thereof presumably for part-
nership debts. Ib.

PLEADING: See PRACTICE,
PRACTICE (C. P.): See AFFIDAVIT OF

DEFENSE; CONTRACT; CONTRIBUTORY
NEGLIGENCE; CORPORATIONS; COSTS;
CRIMINAL LAW; EQUITY; EXECUTION;
JUSTICE OF THE PEACE; OATH; PRIN-
CIPAL AND AGENT; PRINCIPAL AND
SURETY; RAILROADS AND RAILWAYS;
SALES; SCHOOL LAW; TURNPIKES.
Damages New trial. - New trial will
not be granted for insufficiency of ver-
dict where no mistake or improper in-
fluence is shown and there is evidence
in mitigation of damages. Reddig vs.
Eberly.
Never rely on law when facts are with
you. Note.
Capias-Costs.-When landowner cannot
be arrested in capias; four dollars
costs allowed on abatement of writ.
Ehrhart vs. Bear....
Non-suit-Damages-Negligence.-Ques-
tion of negligence is for court where
facts not disputed. Smith vs. Brown's
Sons.

123

136

160

169

201

Railroads-Damages to horses shipped.—
Shipper who contracts with one road
for shipment over another cannot sue
latter in assumpsit. Keller vs. P. R.
R. Co.
Additional evidence. Refusal of trial
judge to allow time to party to secure
additional evidence not error or when
evidence would have been merely
cumulative. Mellinger vs. P. R. R. Co. 361
Statement-Sale-Need not show meas-
ure of damages in action for failure
to deliver goods bought. Nissley vs.
Bushong

New trial-Additional reasons for new
trial filed too late will not be consid-
ered. Ib.

PRACTICE (O. C.): See DECEDENTS'
ESTATES; GUARDIAN AND WARD.

398

PRESUMPTION: See CONSTRUCTION;
CONTRACT; DECEDENTS' ESTATES; HUS-
BAND AND WIFE; JUDGMENT; JUSTICE
OF THE PEACE; MORTGAGE; PARTNER-
SHIP; PROMISSORY NOTE; SALE;
WILLS.

PAGE

PRINCIPAL AND AGENT: See Sales.
Real estate agent-Joint owners-Con-
tract. Cannot recover commissions
against one of two joint owners who
employed him; when letter of one joint
owner to another agreeing to sell does
not constitute joinder in contract of
latter with agent. Forney vs. Stoll... 119
PRINCIPAL AND SURETY:
Real estate agent — Judgment — Trust—
Practice. When agent buys judgment
against principal and latter claims re-
sulting trust remedy is to have judg-
ment transferred not opened. Forbes
v's. Kendig

PROCEDURE: See PRACTICE,
PROMISSORY NOTE: See AFFIDAVIT
OF DEFENSE: DECEDENTS' ESTATES;
JUDGMENT; LANDLORD AND TENANT;
PARTNERSHIP.

Presumption. — While ordinarily a note
is presumed to have been executed
and delivered on its date, when that is
Sunday the contrary presumption arises
when the note was given in renewal
of a former note. Shnavely vs.

187

217

Eminent domain Bond - Practice.
Land is actually taken when bond is
filed and approved, transferee of prop-
erty afterwards cannot recover dam-
ages; statement not necessary in issue
to ascertain damages. Quade vs. C.
& P. D. R. Co....
Same. On petition to approve bond
court cannot inquire into right to take
the land nor whether railroad has for-
feited its charter for failure to exer-
cise its franchises: testimony should
be presented to determine amount of
bond. Application of L. & N. R. R.
Co.
257

Discrimination.-Claim for damages for
discrimination under Act of 1883 not
assignable plaintiff having declared
for treble damages, cannot claim that
it was his common law right that he
assigned. Sensenig vs. Railroad...... 305

PAGE

353

Negligence.-Case for jury where plain-
tiff was struck by trolley car after he
was done taking freight from car, the
car having been started before he got
out of the way; he was entitled to an
opportunity to get away. Hauenstein
vs. Traction Co.
Damage from sparks-Evidence.-When
in action for damages for fire from
sparks evidence sufficient to take case
to jury; evidence admissible that en-
gine threw out large sparks two or
three miles beyond the place of the fire
and an hour afterward. Mellinger vs.
P. R. R. Co......
Crossing on bisected farm Practice.
Company has discrimination as to loca-
tion but must protect rights of farm
owner; it is duty of the court to ap-
point viewers on petition under Act of
1849, although their findings are not
conclusive. Davis vs. P. R. R. Co.... 401
RAPE: See CRIMINAL LAW.

DOMAIN;

-

REAL ESTATE: See COSTS; EMINENT
EQUITY; PRINCIPAL AND
AGENT; RAILROADS AND RAILWAYS;
ROADS; TAXES AND TAXATION,
Party wall-Notice.-Existence of wall
at time of purchase not notice of ob-
ligation to contribute to cost on using
Note.

same.

361

262

PAGE

70.

155.

227

Tobacco. Buyer who has packed tobacco
cannot claim that it was not up to
contract; rescission of contract must
be made promptly. Musser vs. Niss-
ley.
Passing of title-Presumption-Trespass
-Practice.-Where no agreement as to
time of payment, sale presumed to be
for cash and title passes only on pay-
ment; where draft attached to bill of
lading unpaid, vendor can reclaim
property, or its proceeds if sold, and
trespass lies for refusal to pay over.
Ewing vs. Musser....
Possession Parent and child. What
change of possession necessary to
transfer title to chattels not used in
common between parent and child.
Keller vs. Longenecker.
Contract-Conditions.-The terms of the
written contract of sale should prevail
over the conditions of sale as read
to the public by counsel at the sale.
Byers' Estate.
- Tobacco.
Damages
In an action for
failure to deliver tobacco the measure
of damages is the difference between
contract price and market price; it is
not necessary for plaintiff to have pur-
chased other tobacco in market. Niss-
ley vs. Bushong....
308
Agency. When on suit for the price of
a horse evidence shows that the plain-
tiff bought the horse as agent for the
defendant and delivered it to him, the
plaintiff is entitled to recover although
the horse died the next day; defendant
cannot claim that sale was on approval
when he used the horse nearly two
days and said he liked it. Helm's
Ex'trix vs. Banzhof..

-

301

407

Same-Best practice is to save further
costs if application is found, on rule,
without merit and appoint inspector if
reasonable doubt. Little Britain School
District
Attendance.-How distance to be com-
puted when children residing a mile
and a half from school claim right to
attend school in other district under
Act of May 2, 1907. Drumore School
District vs. Fulton School District.... 120

Execution-Judgments.-When holder of
a first judgment lien on land in Lan-
caster and York counties and of a sec-
ond lien in each county can enter its
second Lancaster County lien in
York County and by execution sell
both tracts and absorb proceeds to ex-
clusion of the holder of a judgment
which was a third lien in both coun-
ties. Herr 7's. Lancaster Trust Co... 211
SUMMARY CONVICTION: See Jus-
TICE OF THE PEACE.

TAXES AND TAXATION: See COL-
LATERAL INHERITANCE TAX.
Electric water power companies. — Real
estate necessary for not liable to local
taxation. Martic School District vs.
Power Co.

TELEPHONE COMPANIES:

Damages. When lineman knowingly
assumed risk in repairing wires and
cannot recover for accident. Smith-
gall vs. Am. Union Tel. Co......
TRESPASS: See JUSTICE OF THE PEACE;
SALE.

TRUST COMPANIES:

Stockholders. Not liable for double
amount of stock under Act of May
II, 1874, P. L. 35. Rathfon 7's. Rhoads
et al.

TRUSTS AND TRUSTEES: See DECE-
DENTS' ESTATES; LANDLORD AND TEN-
ANT; PRINCIPAL AND AGENT.
Dry trust.-Trust is dry when no active
duties to perform and no devise over.
Wise vs. Baker...
Railway-Mortgage bonds-Account.
When a Pa. Railway Co., with offices
in Ohio, is sold in Lancaster County,
where its road is situated, by the trus-
tee of the mortgage, the trustee may
be cited to file an account here. In re
P. C. & L. Ry. Co.......

105

236

345

25

Evidence. When evidence sufficient as
to cancellation of one of two deeds of
trust written on same paper. Spatz vs.
Anderson

Profit.-Trustee cannot profit by trust.
Ib.

TURNPIKES:

Condemnation - Appeal - Practice.-In
condemnation proceedings local inter-
ests must be considered only in con-
nection with general interests; when
will not be condemned; that finding of
jury is against weight of evidence is
cause for appeal, not exception. In re
M. & E. Turnpike.....

VENDOR AND VENDEE: See EMI-
NENT DOMAIN; SALE.
WAGES: See HUSBAND And Wife,
WATER COMPANIES:

Boroughs.-Borough petitioning for ap-
praisers to value water company's
plant under Act of 1907 need not show
financial ability to pay for same.
tion of Manheim Boro,

Peti-

PAGE

349

133

321

Damages. When in suit against water
company for diminishing water power
plaintiff can recover loss although
damages uncertain; injury not proven
to be permanent and therefore tem-
porary; measure of damages. Hoo-
ber vs. New Holland Water Co...... 393
WATER POWER COMPANIES: See
CONSTRUCTION; TAXES AND TAXATION.

WAY:

Obstruction-Owner of way cannot com-
plain of obstructions which do not in-
terrupt his passage to and fro. Dor-
sheimer vs. Slaymaker.

Carter vs. Lebzelter..

WILLS: See DECEDENTS' ESTATES; EVI-
DENCE; COLLATERAL INHERITANCE TAX;
TRUSTS AND TRUSTEES.

Construction - Ademption of legacy -
Advancement.-When devise of farm
followed by conveyal of same at a
price, followed by a codicil giving
amount of price as legacy is intended
only to pass clear title without addi-
tional legacy; advancement an ademp-
tion of legacy unless intent shown to
give double portion. Lefever's Es-

tate.

158

308

.7, 57

.9, 13

Dry trust.-When active duties directed
as to residuary estate do not prevent
prior trust as to real estate from be-
ing dry. Wise vs. Baker.
Same-Limitation over.-Failure of limi-
tation over shows intention to pass fee.
Ib.
Devise-Fee. - Devise passes whole fee
without words of inheritance. Ib.
Life interest with right to use principal.
-When does not pass entire fee with
power of disposal by will. Weller vs.
Cohn

29

PAGE

75

Remainder - Vesting of - Trust. - Be-
quest to daughter for life with remain-
der to her children, share and share
alike, as provided by intestate law, con-
templates possible birth of children as
long as daughter lives and trust can-
not be terminated while she lives.
Duchman's Estate ...
Residuary. When beqnest of all moneys
in bank is residuary. Ransing's Estate. 130
Legacy per autre vie.-When an annuity
to testator's son during the lifetime of
the son's widow is payable to his
widow as administratrix during her life
after his death; the son being given
the whole income for life after his