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intendent against employé descending into vat

MILITARY SERVICE to rescue fellow employé held to sustain trial court's finding that they did not constitute See Officers. commands not to undertake rescue.-General Accident, Fire & Life Assur. Corp. v. Evans,

MILITIA. 201 S. W. 705. Oma 417 (412) (Tex. Civ. App.) Under Work-See Judges, C25; Officers, Omw 55. men's Compensation Act, art. 5246q, providing that party unwilling to abide by Industrial Board's findings may appeal, and in such case

MINES AND MINERALS. board shall proceed no further, a party not exercising option to transfer case to court be- See Master and Servant, 235, 286, 293. fore board's final decision is bound thereby.General Accident, Fire & Life Assur. Corp. y.

I. PUBLIC MINERAL LANDS. Evans, 201 S. W. 705.

(A) Reservation and Disposal in General.

On 6 (Tex.) Under Acts 33d Leg. c. 173, MAXIMS.

$ 3 (Vernon's Sayles' Ann. Civ. St. 1914, art.

5904b), requiring applicant for prospecting perSee Equity, Om65.

mit on surveyed lands to first file application

with the clerk of the county wherein the lands MEASURE OF DAMAGES. lie, and section 4 (article 5904c), requiring

filing with the surveyor if the land is island, See Damages, ww112, 216.

salt water lakes, bays, etc., proper filing, in accord with the character of the land, is essen

tial to the right to a permit.-Wagner v. RobiMEAT.

son, 201 S. W. 171. See Food, Omw3.

II. TITLE, CONVEYANCES, AND

CONTRACTS.
MECHANICS' LIENS.

(B) Conveyances in General. I. NATURE, GROUNDS, AND SUB

JECT-MATTER IN GENERAL. Cm 54(4) (Ky.) Gross inadequacy of price givcm3 (Tex.Civ.App.) Rev. St. 1911, art. 5623; perfect father's conveyance of mineral lands,

en plaintiff and his fether, tenant by curtesy, to limiting recovery by subcontractors to original of which plaintiff owned one-half, held ne contract price, does not violate Const. art. 16, 8 badge of fraud, where father's conveyance con37, guaranteeing lien to materialmen and labor; tained warranty of title on which plaintiff was ers.--Gordon-Jones Const. Co. v. Welder, 201 liable to extent of assets he might receive from S. W. 681.

father.--Virginia Iron, Coal & Coke Co. v. II. RIGHT TO LIEN.

Crigger, 201 S. W. 298.

In plaintiff's suit to cancel his and father's (D) Persons Entitled in General.

conveyance of all their title in minerals, of ww83 (Ark.) A materialman that employs la- which plaintiff owned one-half, made to perfect bor to put in iron work as a completed job is father's prior conveyance of whole, evidence entitled to a lien for such labor as for the price held insufficient to authorize cancellation of of material furnished in the place to be used.-- deed for fraud.-Id. Terry v. Klein, 201 S. W. 801.

(C) Leases, Licenses, and Contracts. III. PROCEEDINGS TO PERFECT.

Om78(1) (Tex.Civ.App.) Oil lease held ammw 157(1) (Ark.) Failure to itemize the filed biguous as to number and place of wells reaccount under Kirby's Dig. & 4981, does not quired to be drilled, presenting a question for defeat a materialman's lien, whether dealing jury under evidence of facts and circumstances with a

contractor or the owner.-Terry v. that may throw light thereon.-Kirlicks v. TexKlein, 201 S. W. 801.

as Co., 201 S. W. 687.

Om78(7) (Tex.Civ.App.) Pleadings as a whole, V. ASSIGNMENT OF LIEN OR CLAIM. under principle that lessee may not deny land206 (Tex.Civ.App.) Where contractor's as

lord's title, held to disclose such interest in signment of his contract was recognized by those brought in by interpleader by one sued owner before subcontractors and lien claim- by, lessee in oil lease for price of oil as to en

title them to hearing on issue of forfeiture of ants gave statutory notice of their claims, assignee's rights were superior to those of 'such lease:-Kirlicks v. Texas Co., 201 S. W. 687. subcontractors.-Gordon-Jones Co. v. Welder,

Evidence held to make an issue for the jury 201 S. W. 681.

on the question of forfeiture on an oil lease by

failure to drill required wells and abandonment VII. ENFORCEMENT.

of operations.-Id. Ow281(4) (Tex.Civ.App.) In mechanic's lien

MINORS. proceeding. evidence that contractor assigned contract before abandoning it held to sustain finding that nothing was due contractor at date See Infants; Intoxicating Liquors, em 159. of abandonment.-Gordon-Jones Const. Co. y. Welder, 201 S. W. 681.

MISJOINDER.
MEMORANDA.

See Parties, Om 88.
See Frauds, Statute of, Om118.

MISREPRESENTATION.
MENTAL SUFFERING.

See Fraud.
See Damages, Cw49, 192.

MISTAKE.
MERGER.

See Accord and Satisfaction, Omw7; Equity,

ww8; Payment, www 84, 85; Reformation of See Deeds, e94.

Instruments.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER

MORTGAGES.

copy of mortgage, an exhibit, did not include

such tract, by amending decree of foreclosure See Bankruptcy, Cw184; Chattel Mortgages; and sale prepared for entry of record to in. Executors and Administrators, 349; Hus- clude tract.-Blasingame v. Lowdermilk, 201 band and Wife, em 169; Life Estates; US-S. W. 807. ury, m34.

(N) Fees and Costs, I. REQUISITES AND VALIDITY.

Em581(2) (Tenn.) Reasonable fees for a mort.

gagee's or trustee's attorney may be retained (B) Form and Contents of Instruments, out of the proceeds of a foreclosure sale when Om 50 (Mo.App.) Where, to secure extension provided for in the mortgage.-Carolina Spruce of time for corporation which was indebted to Co. v. Black Mountain R. Co., 201 S. W. 770. plaintiff, defendants executed deed of trust re.

C 581(3) (Tex.Civ.App.) If mortgage notes citing that it was given to secure debt pur

are delivered to trustee under trust deed to inporting to be evidenced by note, deed of trust stitute foreclosure proceedings as such trustee is valid, though note was never executed, and and not as attorney for collection, holders of amount specified was considerably in excess of notes are not entitled to attorney's fees stipudebt due from corporation.--Mandle v. Hors. lated for in notes.--Oak Cliff State Bank & pool, 201 S. W. 638.

Trust Co. v. Conroy, 201 S. W. 699.

(D) Validity.

MOTIONS. Om 86(3) (Tex.Civ.App.) Evidence held to support finding that mortgagor was of unsound See Appeal and Error, Cw188–242, 281–302, mind when he executed mortgage.-Bass v. Jos

581, 797; Continuance; Criminal Law, eph, 201 S. W. 1047.

911-959; Judgment, em 263: New Trial, en

150, 164; Pleading, m315; Trial, III. CONSTRUCTION AND OPERA. TION.

MOTIVE. (D) Lien and Priority.

See Homicide, em 166. Om 149 (Mo.App.) Ordinarily, where several sets of notes are issued under trust deed, the

MUNICIPAL CORPORATIONS. first set negotiated is prior in right.-Casner v. Schwartz, 201 S. W. 592.

See Constitutional Law, m106; Evidence, Where set of notes secured by trust deed was em 25; Schools and School Districts; Street several times negotiated as collateral security Railroads. by payee, redeemed, and finally negotiated to a defendant, such defendant's rights in property 1. CREATION, ALTERATION, EXISTcovered by trust deed are inferior to those of

ENCE, AND DISSOLUTION. a defendant to whom a second set of notes was

(C) Amendment, Repeal, or Forfeiture of negotiated subsequent to first set's earliest

Charter, and Dissolution. negotiation, but before negotiation to last hold-51 (Mo.App.) Where county court, proer.-Id. em 153 (Ark.) Unless the mortgagee was an in- ceeding under Rev. St. 1909, § 9481, made opnocent purchaser for value, his rights could and taxpayers had no right of appeal to cir.

der disincorporating town, objecting citizens not rise higher than those of his mortgagor.- cuit court.-In re Town of Arcadia, 201 S. W. Fry v. White, 201 S. W. 1105.

359. Om 154(4) (Ark.) Where owners of land mortgaged it, and it was subsequently partitioned IV. PROCEEDINGS OF COUNCIL OR among them, and through various deeds various OTHER GOVERNING BODY. purchasers assumed mortgages, a subsequent (B) Ordinances and By-Laws in General. mortgagee of one of the purchasers was not an innocent purchaser, since he was bound by en 122(1) (Tex.Civ.App.) Petition held good the recitals of his title deeds which had been pleading of ordinance in absence of special ermade prior to the time of the mortgage.--Fry ception.-San Antonio & A. P. Ry. Co. v. White, 201 S. W. 1105.

Boyed, 201 S. W. 219. IX. FORECLOSURE BY EXERCISE OF V. OFFICERS, AGENTS, AND EMPOWER OF SALE.

PLOYES. 338 (Tex.Civ. App.) Petition to restrain sale (A) Municipal officers in General. under power in mortgage, based on uncertainty am 155 (Tex.Civ.App.) Power given a as to capacity in which defendant held it, held by charter to appoint to office carries with it

mayor insufficient, not showing she would not execute

power to discharge, subject to limitations in release in every capacity, and there being rem

the charter.--City of San Antonio v. Newnam, edy by interpleader, with payment into court.

201 S. W. 191. McAllen v. Brownsville Masonic Temple Ass'n, 201 S. W. 660.

Omw 156 (Tex.Civ.App.) Under power in charter

for mayor to discharge appointee for any reaX. FORECLOSURE BY ACTION.

son he may deem sufficient, discharge for un

fitness is valid if mayor thinks him untit, (A) Nature and Form of Remedy. though he be fit.-City of San Antonio v. Xew386 (Ark.) Chancery courts have jurisdic- nam, 201 S. W. 191. tion to foreclose mortgages.-Blasingame

That an appointee discharged by mayor was Lowdermilk, 201 S. W. 807.

fit, and that there were political reasons for

discharge, does not prove the mayor believed (F) Pleading and Evidence.

him fit, making discharge for unfitness invalid. Com 458 (Ark.) In suit to foreclose mortgage,

--Id. it would have been proper for court to grant

That a mayor has political reasons for wbich permission formally asked to amend complaint he might desire the discharge of an appointee, or copy of mortgage, an exhibit, to correct

but which under the charter he cannot make clerical omission of part of land involved.- for such reasons, does not prevent him making Blasingame v. Lowdermilk, 201 S. W. 807.

the discharge for another reason.-Id.

mm 162(5) (Tex.Civ.App.) For city officer (1) Judgment or Decree and Execution. illegally discharged to recover salary, it is not Cmo 495 (Ark.) In suit to foreclose mortgage necessary for him to tender his services.-City which correctly described 40-acre tract, omit- of San Antonio v. Newnam, 201 S. W. 191. ted by clerical misprision from decree of fore-C

165 (Tex.Civ.App.) A claim for salary on closure, court could properly proceed, though ground of illegal discharge is not of the class

V.

a

of claims of which under the charter notice, 450 (4) (Ark.) Evidence as to filing of petimust be given as a condition precedent to right tions for organization of town and for annexato sue.-City of San Antonio v. Newnam, 201 tion of territory, without evidence that the peS. W. 191.

titions were granted, held insufficient to show Ons 174 (Ark.) Evidence held to warrant con- that improvement districts extended beyond viction of the mayor of a city on the charge city limits.--Buxton v. City of Nashville, 201 of failure to disperse a riotous assembly, as S. W. 512. required by Kirby's Dig. 25:25.-Wright v. m 450(4) (Ark.) In determining whether a peState, 201 S. W. 1107.

tition for a special improvement district conSince the mayor of a town is presumed to tains signatures of a majority in value of the know the law as to his duties, the fact that he owners of real property within the district, the acted on the advice of the city attorney, and yearly assessment is conclusive.-Anderson v. so failed to command a riotous assemblage to | Pixley, 201 S. W. 796. disperse, was no defense in a prosecution for That the mayor of a city was made a member such failure.-Id.

of the board of commissioners of a special imUnder Kirby's Dig. $ 2525, requiring the sher-provement district within the city did not invaliff and his deputies or the mayor to order dis- idate the organization of the district, though persal of a riotous assembly, the fact that the he might have been removed from the board as sheriff and his deputies knew of the assem- | ineligible.--Id. blage and made no effort to disperse it was ww485(5) (Mo.App.) A special tax bill is not no defense in behalf of the mayor, in a prose- prima facie evidence of the right to lien cution for failure to require the dispersal.-Id. against mortgagee not named therein, and the (B) Municipal Departments and Officers assertion of lien should be made to mortgagee Thereof.

while the right of lien exists; otherwise upon Om 185(9) (Tex.Civ.App.) That a mayor pre- foreclosure the lands are not chargeable with sided at a meeting at which a speaker made the lien.-Granite Bituminous Paving Co. v. charges against the city marshal is not admis- Parkview Realty & Improvement Co., 201 S. sible on the question of marshal's discharge by W. 933, 938. mayor being for political reasons or for un- Om519(1) (Mo.App.) It is optional with the fitness.-City of San Antonio v. Newnam, 201 | holder of a special tax bill taking steps withS. W. 191.

in the requisite time whether he impose a That the mayor intended to discharge the lien against the interests of all parties intermarshal, and that his political platform prom- ested in the land or only some of them.ised the discharge, is inadmissible on the issue Granite Bituminous Paving Co. v. Parkview whether he discharged him because he deemed Realty & Improvement Co., 201 S. W. 933, 938. him incompetent and unfit or for political rea

519(6) (Mo.App.) A

tax bill for sons.-Id.

street improvements, though subsequent to a IX. PUBLIC IMPROVEMENTS.

deed of trust in point of time, takes priority

over the latter.-Granite Bituminous Paving (B) Preliminary Proceedings and Ordi- | Co. v. Parkview Realty & Improvement Co., nances or Resolutions.

201 S. W. 933, 938. 292(3) (Ark.) Under Acts 1913, p. 527, 8 1, finding of council that improvement petitions (F) Enforcement of Assessments and Spe

cial Taxes. were signed by sufficient number of owners, held conclusive in suit brought more than 30 m564 (Mo.App.) Under St. Louis City Chardays after passage of ordinances.-Buxton y. ter, art. 6. § 25, providing special tax bill for City of Nashville, 201 S. W. 512.

street improvements may be collected from 314(2) (Ark.) Board of commissioners of owner of land by action on contractor's lien if improvement district has full authority to begun within two years after maturity, such change and reform original plan or make new period is not for mere bar to action, but plans, so that cost of the improvement will not limits existence of lien-Granite Bituminous exceed statutory limit.-Buxton v. City of Paving Co. v. Parkview Realty & Improvement Nashville, 201 S. W. 512.

Co., 201 S. W. 933, 938. On 323(3) (Ark.) Evidence to increased 565 (Mo.App.) In suit to foreclose a specost of improvement since organization of im- cial tax bill under St. Louis Charter art. 6, provement districts, held not to overcome pre- $ 25, the beneficiaries under a recorded mortsumption that board of commissioners would gage, being owners within the charter proviobey statute and keep the cost within statutory sion, are not concluded, unless they are made limit.-Buxton v. City of Nashville, 201 S. W. parties to the suit.-Granite Bituminous Pav512.

ing Co. v. Parkview Realty & Improvement

Co., 201 S, W. 933, 938. (E) Assessments for Benefits, and Special

In suit to foreclose special tax bill, a mortTaxes.

gagee of record not notified when lien maem 413(1) (Ky.) City's, acceptance of Laws tured, and not made a party to the suit until 1889-90, c. 1559, authorizing issuance of bonds after' expiration of two-year period prescribed to build road, and its building road thereunder; by St. Louis City Charter, art. 6, & 25, is not did not obligate perpetually to maintain such given his day in court by his right to redeem way, but it could widen the street, pave it, and after judgment.-Id. assess the cost against abutting land, as construction, and not reconstruction.-McCoy V.

Cam568(1) (Mo.App.) While general taxes in (arran, 201 S. W. 463.

favor of the state are a continuing lien against

the land no matter who is the owner or in Cow 432 (Mo.) In construction of sever, the whose name assessed, yet a special tax bill city may consider that an abutting park drains cannot obtain unless the improvements are away from the sewer, and absorbs and dis-made, which fact, with the amount thereof, charges less water than lots and streets, so

must be proved as

a basis for the lien.-that failure to assess the park did not in- Granite Bituminous Paving Co. v. Parkview validate the assessment.-George C. Prender- Realty & Improvement Co. 201 S. W. 933, 938. gast Const. Co. v. Goldsmith, 201 S. W. 354. Cm 442 (Ky.) In determining whether city | XI. USE AND REGULATION OF PUB. may assess abutting property for widening and

LIC PLACES, PROPERTY, paving street, it is material only whether the

AND WORKS. property has been previously assessed, but not whether the complaining owner's ancestors in

(A) Streets and Other Public Ways. title donated land for the street.-McCoy v. mm 705(2) (Mo.App.) One operating motorCarran, 201 S. W. 463.

cycle or automobile about to meet another veFor cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER

as

hicle must reasonably turn his own vehicle to ages.-Kinlough v. City of Maplewood, 201 S. the right of the center of the street so as to W. 625. pass without interference.--Edwards v. Yar-m845(4) (Mo.App.) In an action against a brough, 201 S. W. 972.

city for damages due to the flooding of plainWhere two motor vehicles approach each tiff's property by a defective sewerage system other on a city street, if it is impracticable emptying into a sink hole, evidence held to susfor one of them to turn to the right, without tain an allegation that the sink hole was obcrossing the path of the other, it is his duty structed. -Kinlough v. City of Maplewood, 201 to stop.-Id.

S. W. 625. (C) Public Buildings, Parks, and Other 845(4) (Mo.App.) Evidence held to support Public Places and Property.

judgment for $100 as damages to property by 721 (1) (Tex.Civ. App.) While the city of obstruction of surface waters causing overEl Paso has exclusive control over its parks How:- Frederick v. City of Joplin, 201 s. w.

1147. and may lay out sidewalks therein where neces

Where damages to land by overflow of obsary for park purposes, such right does not extend to diverting park grounds to general structed surface waters were caused by improvestreet and sidewalk purposes.-El Paso Union ments covering period of years, all but one of Passenger Depot Co. v. Look, 201 S. W. 714. which causes of action was barred, it was for

the court, sitting as a jury, to separate the damm721(2) (Tex.Civ.App.) A union depot company owning and operating a station, abutting ages to the best of its ability.-Id. a regularly dedicated city park on which it has, como 845(6), (Mo.App.) In an action against a under agreement with the city, spent thousands city for damages due to flooding plaintiff's of dollars for grading, fencing, and beautify- property by sewerage because of an insufficient ing, is entitled to injunction against appropria natural outlet therefor, an instruction for plaintion of any part thereof for sidewalk purposes. tiff held not erroneous.-Kinlough v. City of -El Paso Union Passenger Depot Co. v. Look, Maplewood, 201 S. W. 625. 201 S. W. 714.

845(7) (Mo.App.) The measure of damages L'nder El Paso Special Charter, $ 54, provid- for obstruction of surface waters and causing ing that all parks owned by the city are inalien- | them to flow over plaintiff's land if the injury is able, and no part thereof shall ever be devoted permanent is the difference between the marto other than park purposes, the appropriation ket value of the property before the injury and of park grounds for streets or sidewalks will afterwards.-Frederick v. City of Joplin, 201 be enjoined.--Id.

S. W. 1147. w721(3) (Tex.Civ.App.) While the city of

In action for damages by overflow of surface El Paso may not delegate its authority and waters when the source of the injury may be control of public parks to create in a union de- removed at any time, the measure of damages is pot company a vested right to keep and main- the actual damages sustained up to the bringtain the same and prohibit the city's control ing of the suit.-Id. and improvement thereof, yet the city may

Where plaintiff set up several different sourccontract for maintenance of park.-El Paso es of injury in street and railroad grading, the Union Passenger Depot Co. v. Look, 201 S. W. measure of her damages was the difference in 714.

market value before and after the grading of a XII. TORTS.

certain street independent of any damages from

other sources, the cause of action on which (B) Acts Omissions

was barred.-Id. Agents

In action for damages hy overflow of lands mw 747(4) (Mo.) One injured when municipal caused by obstructions of surface waters, valgarbage wagon struck ladder on which he was ue of fruit trees and vines destroyed, cost of working could not recover damages therefor repairing buildings, and number of loads of from city, as it was in the exercise of a govern- dirt necessitated to repair the damage, while mental power.-Behrmann v. City of St. Louis, not proper elements of damage, may be consid201 S. W. 517.

ered in estimating the damages.-Id. m751(1) (Tenn.) Municipality was not liable for death caused by fall of a smokestack XIII. FISCAL MANAGEMENT, PUBLIC being erected under contract, where such erec

DEBT, SECURITIES, AND tion was not necessarily dangerous when done

TAXATION. with care by persons having skill, and the mu- (A) Power to Incur Indebtedness and Esnicipality did not know the contractor was in

penditures. competent and did not control the methods or 863 (Ky.) Under Const. $$ 157, 158, 159, appliances of the contractor in performing the where bond issue of city of fourth class having work.-Cash v. Casey-Hedges Co., 201 S. W. less than 10,000 inhabitants is authorized by 347.

popular vote, the city taxing authorities may (C) Defects or Obstructions in Streets and should, if necessary to provide for annual and Other Public Ways.

interest and sinking fund, levy an additional Om 821 (6) (Mo.App.) Whether a city was neg

tax over that required for current expenses, ligent in maintaining a slightly sloping step: 75 cents on the $100.-- Ballard v. City of Shel

even though it be necessary to exceed rate of ping-stone at a crossing held, under the evi- byville, 201 S. W. 452. dence, for the jury;-Ryall v. City of Maple-8652) (Ky.) Under Const. $$ 157, 158. wood, 201 S. W. 633.

held, that in determining annual indebtedness (D) Defects Obstructions Sewers, of city of fourth class having less than 10,000 Water Courses.

inhabitants, when compared with annual inm831(2) (Mo.App.) While failure to act in come, indebtedness created pursuant to poputhe matter of constructing sewers will not ren

lar vote is not considered; it being proper to der a municipality liable, as a general rule, it take into account only sum necessary to pay will be liable when it does undertake to act and annual running expenses. annual interest, and has entered upon the work of building and annual sinking fund charge.--Ballard v. City of maintaining sewers, but does so in an unskill- Shelbyville, 201 S. W. 452. ful manner. -Kinlough v. City of Maplewood, 867 (1) (Tenn.) Under Const. 1870, art. 201 S. W. 625.

2, § 29, providing that municipality's credit Om 839 (Mo.App.) Where a city acquires a shall not be given or loaned unless such action natural drain for the purpose of carrying off be approved at election, the statute authorizing sewerage, but neglects to keep it open after loan of credit must provide for election. notification of its obstruction, whereby dam- Berry v. Shelby County, 201 S. W. 748. age accrues to adjoining property owners, such Om 867 (2) (Tenn.) Under Const. 1870, art. 2, act is negligence making the city liable in dam-1g 29, providing that Legislature may authorize

or

of

Oflicers

or

in

or Drains, and

municipalities to tax for county and corporate

MUTUALITY. purposes in such manner

as shall be prescribed by law, but that municipality's credit See Contracts,

10. shall not be pledged in aid of any person, etc., unless such action is authorized at election,

NAMES. no election is necessary where municipality directly taxes for direct public purpose unless em !2 (Ark.) The fact that the name of one statut specifically so requires.-Berry v. signing as a notary appeared to be that of a Shelby County, 201 S. W. 748.

woman is not conclusive that the officer was

of that sex.-Terry v. Klein, 201 S. W. 801. (D) Taxes and Other Revenue, and Application Thereof.

NAVIGABLE WATERS. Om972(3) (Ky.) Where lot in city of third class owned by a wife was assessed in the See Ferries. name of the husband, the tax is valid.-Board of Councilmen of City of Frankfort v. Gordon,

III. RIPARIAN AND LITTORAL 201 S. W. 472.

RIGHTS. ww975 (Ky.) Where a vendor sued to enforce ww44(3) (Tex.Civ.App.) Where navigable a purchase-money lien, and later the purchaser river gradually left old bed and formed new filed petition in bankruptcy before the tax be one, abandoned bed was not state land, but became delinquent under Ky. St. § 3400, and the came an accretion or reliction to the land on city did not collect the tax from the bankrupt's either side.--Siddall v. Hudson, 201 S. W. 1029. trustee, it could collect it by enforcing the lien mw 45 (Tex.Civ.App.) Where changes in within five years under section 3375 against the courses of rivers occur by sudden and violent vendor who purchased at sale on foreclosure avulsive method, property lines of abutting or of its purchase-money lien.--Ohio Valley Bank- riparian owners remained same as before. ing & Trust Co. v. City of Henderson, 201 S. Siddall v. Hudson, 201 S. W. 1029. W. 497. Where city failed to collect from bankrupt's

NECESSARIES. trustee tax on property, to foreclose vendor's purchase-money lien upon which the vendor had See Insane Persons, Om75. sued the bankrupt prior to the time when the tax became delinquent, it was the vendor's duty

NEGLIGENCE. on becoming a purchaser to ascertain whether the tax had been paid, and protect itself ac See Banks and Banking, en 54; Carriers, cordingly.-Id.

Om 318, 321-338; Death; Electricity; HighIf a taxpayer becomes insolvent, or goes into ways, 198; Master and Servant, m101bankruptcy, or sells the property in the period 296, 316-332, 373; Municipal Corporations, between March 1st and December 1st when the Om 705, 747-845; Physicians and Surgeons; taxes become due and become delinquent, fail Railroads, em 218–485; Telegraphs and Teleure of the sheriff to take steps to coerce pay phones. ment is no bar to the enforcement of a tax lien against the debtor's property.-Id.

I. ACTS OR OMISSIONS CONSTITUT. Neglect of the collecting officer to collect a

ING NEGLIGENCE. tax by subjecting the personal property of the (C) Condition and Use of Land, Buildings, taxpayer before proceeding against his real es

and Other Structures. tate does not cut off the city's right to a lienem32(2) (Ky.) Where steel company without for the tax against a purchaser.-Id.

charge and for accommodation of family and 978(5) (Ky.) Where lot in city of third relatives of deceased employé had its engine class owned by a wife was assessed in the name and flat car, used exclusively in its business, of the husband, the city cannot maintain an ac carry remains, members of family, and relation until the error is corrected as provided by tives to and from cemetery, plaintiff, who Ky. St. $ 3403.-Board of Councilmen of City without invitation or request, got on car and of Frankfort v. Gordon, 201 S. W. 472.

made return trip, held not entitled to recover

for injuries sustained while getting off car.-XV. ACTIONS.

Laxton v. Wisconsin Steel Co., 201 S. W. 15.

32(3) (Mo.App.) Where em 1021, 1022 (Tex.Civ.App.) El Paso City requested construction company to repair out

building owner Charter, $ 71, providing that no suit of any na

side curb, its employé, who went into open stair ture shall be maintained against the city, with

well while going to basement for water, which out averring and proving previous application he might have secured elsewhere, exceeded to city council for redress being in derogation bounds of the invitation and was a mere liof common-law right, must be strictly con

censee.-Shuck v. Security Realty Co., 201 S. strued.-El Paso Unic Passenger Depot Co. v.

W. 559. Look, 201 S. W. 714.

Om 39 (Tex.Civ.App.) Where child was injurEl Paso City Charter, $ 71, providing that no suit of any nature shall be maintained against near by, in speaking generally to the children

ed playing on turntable, action of towerman, the city, without averring and proving previous on turntable, telling them they might get hurt, application to city council for redress, does did not relieve railroad company from lianot apply to equitable remedy by injunction to

bility.-Gulf, C. & S. F. Ry. Co. v. Chappel, 201 prevent irreparable injury to abutting owners

S. W. 1037. by diversion of park property to other uses. -Id.

mw52 (Tenn.) Where, in the erection of heavy

smokestack by gin pole and ropes and pulMURDER.

leys, there was danger of its falling, the erector

was bound to warn every person near enough See Homicide.

to be struck in case it fell.-Cash v. Casey

Hedges Co., 201 S. W. 347. MUTUAL BENEFIT INSURANCE.

II. PROXIMATE CAUSE OF INJURY. See Insurance, m726-819.

56(1) (Ky.) Though action may be negligent and involve violation of duty, before cause

of action can be predicated thereon injury flowMUTUAL INSURANCE COMPANIES. ing therefrom must have been proximate re

sult of such dereliction.-Barrett's Adm'r v. See Insurance, 52.

Brand, 201 S. W. 331.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER

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