PAGE

affidavit; such defense must be
made on motion to quash, before
case given to jury. Ryder v. Lutz.. 427
Evidence-Interpleader.-When record
of former interpleader case decided
against plaintiff not evidence for
defense in replevin suit. Id.

ROADS, STREETS AND HIGH-
WAYS: See DEEDS; MOTOR VE-
HICLES.

Prescription-Dedication.- Dedication

of land to public use matter of in-
tention; what constitutes sufficient
proof of dedication; setting back
fences for own use not a dedication

and gives no prescriptive right.
Mountville Boro. v. Gable

Highway commissioner.

......

May make

33

181

Relative rights of street railways and drivers of vehicles. Frey v. Traction Co.....233, 236 Boroughs.-Widening of streets partly within borough and wholly within borough; when owner put on inquiry by record that borough owns to his line and he must lay sidewalk. Adamstown v. Hartman .... 267 Power of viewers.-The same viewers

may vacate part of a road, supply its place, widen a part and assess damages. U. Leacock Road Motor truck-Negligence.

......

Non-suit

283

properly entered in suit for damages to plaintiff's truck which had skidded on suburban tracks on dark night and was struck by fast-going trolley car. Bentzel v. Traction Co. 429 Washouts. When non-suit granted against plaintiff who drove into washout in daytime. Montgomery v. Paradise Twp.

Vacation. When order to vacate will not be refused on exceptions denying allegations of petition and averring that no notice was given to supervisors. Vacation of Road formerly Maytown & Marietta Turnpike Report of viewers-Damages.-Report of viewers refusing all damages on ground that benefits offset damages need not set forth the damages and benefits to each owner; injured land owner has remedy by appeal. Road in E. Donegal Twp. SALE: See AFFIDAVIT OF DEFENSE; GUARDIAN AND WARD; PRACTICE. Possession. Where a vendor agrees to keep the goods for the vendee until

........

401

475

552

PAGE

called for, it is his duty to keep them safe.. Frymyer v. Wenger... 59 Rescission by vendor. — When makes him liable for damages. Clifton Forge Milling & Feed Co. v. Jonas F. Eby & Son

Goods to be satisfactory.-In sale sub-
ject to approval, where no time
limited for approval, intention of
parties as to time may be shown by
parol; if vendee satisfied he cannot
subsequently change his mind. Burk-
holder v. Hess
Warranty. Goods not as warranted
must be returned immediately if
vendee elects to return them, though
time allowed in contract has not ex-
pired. Pearce v. Steffy

Ben. Felsenthal & Co. v. Zook Foreign corporation. May sell here through agents without filing certificate and may sue for price. Excello Mfg. Co. v. Ritchey Warranty.-Vendee who is dissatisfied with part of goods cannot return part of order and keep part of order. Ben. Felsenthal & Co. v. Zook 369 Passing of title. - Where goods sold were burned before delivery f. o. b., vendee can recover purchase money. S. H. Grammer & Sons v. Landis Bros.

Lonker & Stevens v. Cohen Failure to deliver.-Measure of damages difference between market price and purchase price on day fixed for delivery in original contract or as afterwards extended. John T. Fahey & Co. v. C. V. Adams Government permit.-Vendor's duty to obtain when necessary. Id. Agency-Tobacco.