and it is not necessary for the state to prove the doing of all of them.-State v. Mockus, Me., 113 Atl. 38. 14. Broker's-Dual Relation.-In broker's action against vendor for commission, failure of evidence to show plaintiff's bad faith or actual loss to his principal, flowing from his acceptance of compensation from the purchaser, does not prevent plaintiff's forfeiture of the agreed commission, since forfeiture follows the mere existence of the undisclosed dual relation, as the exaction of a sound public policy.-Paul v. Prince, Tex., 228 S. W. 1102. 15. Carriers of Passengers — Assault. Custom not to open ticket window until 15 minutes before scheduled time for train, while evidential, was not controlling on question whether a person entering the station before such time and within a reasonable time before the departure of the train was a passenger in an action against the railroad for assault and battery.Clark v. Bland, N. C., 130 S. E. 491. 16.- Correct Time.-A railroad was under no duty to furnish a clock in its waiting room for use of passengers at station, but, having undertaken to inform passengers the time by means of a clock in the waiting room, it was required to exercise due care in the maintenance thereof so that passengers would not miss train by reason of the clock being slow.-Louisville & N. R. Co. v. Clark, Ala., 87 So. 676. 17. -Degree of Care.-It is the duty of the operatives of a street car approaching a railroad crossing to use the highest degree of care to ascertain if there is any train closely approaching the crossing, to prevent injury to passengers on the street car.-Bergfeld v. Dunham. Mo., 228 S. W. 891. 18.- -Degree of Care.-An instruction that "the degree of care that a carrier is required to take of a passenger does not mean that every possible or conceivable care and precaution which might increase or even assure the safety of the passenger must be taken, but only such care as is reasonably practicable under the circumstances," is misleading when standing alone. though it might be sanctioned if elucidating definition of due diligence.-Louisville & N. R Co. v. Holmes, Ala., 87 So. 574. 19.- -Negligence.-A railroad passenger, arriving at the station of her destination, was entitled to the rights of a passenger while carefully leaving the train and platform-Aldrich v. Boston & M. R. R., Mass., 130 N. E. 482. 20. Charities-Bequest to Fire Suppression Corporation.-Bequest to corporation organized under Laws 1873, c. 397. to aid in the suppression of fires in certain village held a charitable bequest in the broader sense of the term. Sherman v. Richmond Hose Co. No. 2, N. Y., 130 N. E. 613. 21. Covenants-Recovery on Warranty.-The right of the vendee to recover on such warranty Is not waived by going into possession of the land with knowledge that the soil is impre nated with alkali to the extent mentioned in the warranty. or by cultivating the land or by making a cropping contract in regard to it Wilson v. Sunnyside Orchard Co.. Idaho. 196 Pac 302. ༡༡ Customs Duties-Onium Not Merchandise -Under Comp. St. 88 8800, 8801. prohibiting the importation of opium prepared for smoking such opium is not "merchandise." as defined by Rev. St. 8 2766 (Comp. St. & 5462), since it cannot be lawfully imported and therefore the master of a vessel is not liable for the penalty imposed by Rev. St. 8 2809 (Comp. St. & 5506) on merchandise brought into the country with out being shown on the vessel's manifest the words "brought into." as used in section 2800 not having the effect of enlarging the definition nf merchandise. contained in section 2766 Tnited States v. Sischo. U. S. C. C. A., 270 Fed 958. ༡. Divorce-Clean Hands. Where plaintiff sued his wife for a divorce because she was addicted to the use of intoxicating liquors, which his own testimony shows that he knew before he married her, and also shows that he was so addicted to the use of liquor that he not only attempted suicide, but took treatments to get rid of the liquor habit, held, that the bill must be dismussed, because plaintiff had not come into court with clean hands.-Gill v. Gill, Mich., 181 N. W. 996. 24. Cruel Treatment.-For a husband, two days after death of daughter, and when wife was ill, with a temperature of 103, to go to her room and abuse and criticize her and precipitate a family row about the wording of a telegram to him telling him of daughter's sickness, held cruel and inhuman treatment.-Hamilton v. Hamilton, Ore., 196 Pac. 472. 25. Electricity-Due Care. An electric illuminating company, having placed its conduit in a public way, was bound thereafter to use due care in its maintenance. not only under the conditions of travel existing when the conduit was built, but coming into existence afterwards, whether by resurfacing or paving of the street. the establishment of a car track.-Nugent v. Boston Consol. Gas Co., Mass., 130 N. E. 488. 26. Eminent Domain-Change of Grade.Owner damaged by change of grade entitled to interest from time of change to time of payment.-Crane v. Craig, N. Y., 130 N. E. 609. or un 27. Public Use -Acts 1916, c. 71, in so far as it amends Acts 1906, c. 194 (Code 1919. § 3065. par. 2), authorizing city in street opening proceedings to acquire land in excess of that required and to replat and dispose of the excess in such manner as it may see fit, where such land is injuriously affected by the taking of a portion thereof for street purposes, held constitutional; the taking of such excess portion of the land not being for a "public use” within the Constitution limiting the taking or damaging of private property to a "public use." -City of Richmond v. Carneal, Va., 106 S. E. 403. 28. Estoppel — Additional Service. Where a light and power company operating under a franchise covering night service had for more than 10 years also furnished day service, such fact held not to estop the company from denying that the franchise covered day service also. and the police power of the state as exercised through the State Corporation Commission could not be ousted by such an estoppel in pais operating on the parties.-City of Clifton Forge v. Virginia-Western Power Co., Va., 106 S. E. 400. of 29.- Judicial Sale. Where purchasers lots sold separately at judicial sale were immediately informed by the commissioner that he would proceed to sell the lots together to which the parties' attorneys consented, although the judgment through error did not so provide and purchasers did not object, but one of them. for himself and the others, bid for the property as a whole, running up the price, and the curator of the defendant hid in the property, purchaser is estopped by his conduct from claiming title under the separate sale.-Crawley v. Manion. Ky., 228 S. W. 1032. ვი. Evidence-Res Gestae.-A verbal lease. consummated on Sunday was void, under Code 1907. § 3346. but was admissible in an unlawful detainer action when undisputed. to prove the character and quality of defendant's possession of the premises, and the relations between defendant and plaintiff. and the intent of the parties. on the theory that its declarations or admissions formed a part of the res gestae of the parties' acts.-Eddins v. Galloway Coal Co.. Ala.. 87 So. 557. VOL. 92 husband to try the title to, affect an interest 33. Husband 459 said warrant was without jurisdiction and void, 42.- -Specific Allegation.-The failure of the fective as and Wife-Agency of Neces sity. Where the husband and wife were separated and he was paying for her support, either as alimony under court order or in accordance with an agreement between them fixing such amount as adequate and satisfactory, the wife cannot pledge her husband's credit under the presumed authority of an agency of necessity. -McFerren v. Goldsmith-Stern Co., Md., 113 Atl. 107. 34. Infants - Information and Complaint. Counts in information and complaint charging a felony were ineffective under the Juvenile Act where they did not specify that the party was under 17 against whom they were filed years of age.-Gordon v. State, Tex., 228 S. W. 1095. a 35. Insurance "Accidental Death."-There is a distinction between accidental death which may be an unexpected or unintentional result of death from accidental voluntary act, and means, which must result from some unforeseen or unintended act.-United States Fidelity & Guaranty Co. v. Blum, U. S. C. C. A., 270 Fed. 947. of and Tenant-Countermand 43. Landlord Order. An order by landlord to tenant to vacate premises and a notice from tenant to landlord that he would do so did not constitute an eviction where landlord countermanded the orhad moved.tenant before der to vacate Lawrence v. Rapaport, Mich., 181 N. W. 1011. 44. Right of Recovery.-A landlord has no vested or contractual property right in any particular form of remedy for the recovery of his property so long as he is permitted effectively to recover possession of the property.-People v. La Fetra. N. Y., 130 N. E. 601. 45. Libel and Slander-Ineffectiveness.-That plaintiff's standing in the community had not been impaired by defendants' conduct, and that plaintiff could still show a good character, held not to exonerate defendants from their wrongful purpose, as this might tend to show a smaller injury actually sustained, but a greater damage really intended, and the malice, ill will, and spite of defendants were not per se reduced or mitigated by the meager results accomplished. -Cotton v. Fisheries Products Co., N. C., 130 S. E. 487. into fire policy 36. Proof of Loss.-Though a no condition could be waived provided that unless such waiver was written upon or attached thereto, yet where the agents of the insurance company misled the insured, who furnished a written statement of his loss, believing that no further proof was necessary, the insurance company cannot take advantage of the wrong, though it was that of its local agent and adjuster.-Walton v. American Cent. Ins. Co. of St. Louis, Wash., 196 Pac. 588. given general 37.Surety Bond.-A bond agents for an insurance company by a soliciting agent the condition of which was that the sofaithfully perform his liciting agent should duties as agent, account for and pay over all money received for the general agents or the company, and pay and discharge all indebtedness to the general agents and the company. did not impose on the sureties liability for monevs advanced to the soliciting agent by the general agents for living expenses.-Utter v. Leach, Mich.. 181 N. W. 999. A policy, agreeing to 40.- -Reputation of Place. In a prosecution manner of At- Security. Money, etc., 46. Life Estates should not be intrusted to life tenant without will so provides; life tenant security, unless held not entitled to possession without security. though remaindermen joined in her petition.Barmore v. Gilbert, Ga., 106 S. E. 269. Sheriff as Stakeholder. 47. Mandamus Where the parties to an attachment suit agreed that the constable should sell the property and deliver the proceeds to the sheriff, to be held until final disposition of the case, the sheriff held the fund as a mere stakeholder, and, it not being his official duty to accept a replevy bond and pay over the fund to the defendant, he could not be required to do so by mandamus, under Civ. Code 1910, § 5440, authorizing mandamus to compel performance of official duties. -Hill v. Nixon, Ga., 106 S. E. 551. 48. Master and Servant-Accidental InjuryWhere a servant lifting a box weighing 700 pounds or more strained his left side and hernia resulted, there was an "accidental injury" withWorkmen's Compensation in the meaning of Law, $3, subd. 7.-Jordan v. Decorative Co., N. Y.. 130 N. E. 634. 49.- -Double Employment.-A plaintiff held entitled to recover compensation from a corporation for keeping its books, although he was at the same time employed as bookkeeper for another corporation, on a finding by the jury. supported by the evidence, that the double employment was with the knowledge and consent of both corporations.-Demonstration Plantation Co. v. Kearney, U. S. C. C. A., 270 Fed. 772. 50.- -Hearsay Evidence.-Hearsay evidence alone will not support an award by the Workmen's Compensation Board.-Valentine v. Weaver, Ky., 228 S. W. 1036. 51. Negligence of Independent Contractor. -An owner of premises who contracted to have safety doors installed on an elevator shaft as was obliged by his required by law, and who lease to keep the elevator running for his tenants, the work of installation being necessarily dangerous because of the operation of the elevator, is liable for the death of a workman caused by the negligence of the elevatorman, though the latter was employed by an inde 52. Permanent Impairment.-The language of the last paragraph of Workmen's Compensation Act 1919, § 16, is not confined to cases of amputation, but includes all cases of injury to the members specified in that section not before provided for, where the usefulness of the member or any physical function thereof is permanently impaired; the word "class" including and referring to the injuries of the members enumerated in the section.-Clark v. Kennebec Journal Co., Me., 113 Atl. 51. 53. Municipal Corporations Benefit Districts. Where benefit districts for apportionment of cost of grading of street extended back 287 feet on one side of the street and 315 feet on the other side of the street, there was not such gross disparity as to require the court to hold that the parcel of land, the benefit district of which was 315 feet wide, was not a "block" with the charter providing that district should extend back to center of "block" if the land is laid off in blocks. and otherwise should extend back 150 feet.-West v. Burke, Mo., 228 S. W. 775. 54. Parent and Child-Employment of Minor. -Where the father, or, in case of his death, the mother, hires a minor son to an employer to do certain work, and the employer, without such parent's consent, puts the minor in a more dangerous employment in which he is injured, the employer is liable to the parent for the subsequent loss of the minor's services.-Bibb Mfg. Co. v. Hewell, Ga., 106 S. E. 558. a 55. Principal and Surety Delay.-Under hond given to secure performance of a building contract, providing that no liability should attach to the surety for default on the part of the contractor unless the obligee should within 30 days after knowledge of such default give written notice to the surety, it was a matter somewhat for the architect to determine whether delays were due to the fault of the contractor, and notice given to the surety upon the first notice or certificate from the architect that the contractor was delaying the work was sufficient, though the limit of time for completing the work was then long past.-Cowles v. J. C. Mardis Co., Iowa, 181 N. W. 872. 56. Sales -Reasonable Time.-While a protracted course of dealing between the parties may be considered where the question of construction by the parties is involved, a single isolated previous transaction does not fall within the rule making commercial transactions between parties happening in the same way day after day indicative of what constitutes a reasonable time for acceptance of offer and what is so considered and treated by them.-DulanyVernay Co v. Kalamazoo Stationery Co., Mich., 181 N. W. 984. 57. -Rescission.-In suit on the original obligation, or for recovery of the consideration. which has reverted to plaintiff buyer by virtue of his tender back of the chattel purchased on account of some defect, it is not necessary either to aver or prove a readiness at all times, or at any subsequent time, to deliver the chattel so tendered, which is equally true whether the effect of the tender is set up in a complaint or plea.-Maples v. Douglass, Ala., 87 So. 585. express, 58. Statutes-Special Privilege.-Laws 1919. p. 235. § 15%. prohibiting natural persons, firms. or partnerships from transacting the business of transmitting money to foreign countries or of buying and selling foreign money, or of receiving money on deposit to be transmitted to foreign countries. "provided that steamship and telegraph companies may tinue their business of transmitting money and receiving money to be transmitted." held unconstitutional, in that it grants to such companies a special privilege from which all natural persons are excluded in violation of Const. art. 4. 22. prohibiting special legislation.-Wedesweiler v. Brundage, Ill., 130 N. E. 520. 59. con Street Railroads-Construction of Ordinance. The operation by a traction company of its street cars over the tracks of another company under the terms of a city ordinance for so long as the two companies were separate corporations and for several years thereafter, with the consent of the city authorities, if not sufficient to establish estoppel to deny that the ordinance authorized such operation, is at least of weight as a construction by the parties that the ordinance authorized such operation.-Virginia Ry. & Power Co. v. City of Richmond, Va., 106 S. E. 529. 60. Theaters and Shows-Negligence.-Passenger of pleasure resort roller coaster, who sat up the arm of the seat instead of in the seat itself. notwithstanding signs directing passengers to sit down and not stand up in the car, and notwithstanding instruction of employees to sit down, held contributorily negligent, precluding recovery of damages for his death after being thrown from car while rounding a curve. -State v. Glen Echo Park Co., Md., 113 Atl. 85. 61. Trover and Conversion-Measure of Recovery. In an action for conversion of stock by a seller, brought after his refusal to make delivery on tender of the agreed price, the measure of recovery is the value of the stock at the time of the conversion, and defendant cannot then avoid liability by a tender of the stock, which in the meantime has declined in value. Atkins v. Garrett, U. S. C. C. A., 270 Fed. 939. 62. United States-Soldier Injured on Railroad. The War Risk Insurance Act, providing compensation for injuries to a soldier, was exclusive of all other remedies, so that no right to action against the Director General, who represented the United States. could be maintained by such soldier for injuries sustained on a government controlled railroad under Acts of Congress June 29, 1906, August 29, 1916, March 21, 1918, or February 28, 1920; such a suit would, on account of his status as a soldier, be a suit against the government.-Moon v. Hines, Ala., 87 So. 603. 63. Vendor and Purchaser-Option.-An option to purchase property if given for a valuable consideration is a valid contract, but if giv en without a consideration is a mere offer which may be withdrawn at any time before acceptance.-Morrison v. Johnson, Minn., 181 N. W. 945. 64. Warehousemen-Liability.-In an action against a warehouseman which plaintiff claimed had wrongfully delivered his goods to another, the fact that, when the goods were shipped by third person to the warehousemen, liability was released to obtain a low freight rate, is no ground for limiting warehousemen's liabilitySelb v. Pacific Storage & Transfer Co., Wash., 196 Pac. 584. 65. Wills-"Bodily Heirs."-In a deed conveying the estate to grantor's son for life and after his death in fee simple to his bodily heirs if any, and if none to his next of kin, the words "bodily heirs" mean children, so that the son took only a life estate which he could not devise and in which his widow was entitled to no dower, since it was not an estate of inheritance. -Wallace v. Wallace, N. C., 130 S. E. 501. 66.- -Condition Subsequent.-Where testatrix devised land in trust to pay the larger portion of the proceeds to defendant provided she should furnish a home for the testatrix's feeble-minded son, with directions that upon the death of the son the land should be conveyed to defendant, the condition should be deemed one subsequent. -Jackson v. Knapp, Ill., 130 N. E. 524. INDEX-DIGEST TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING ARTICLES, ANNOTATED CASES, LEGAL NEWS, CORRE SPONDENCE AND BOOK REVIEWS IN VOL. 92. A separate subject-index for the "Digest of Current Opinions" will be found on page 466, following this Index-Digest. the conference of bar association delegates -what it is and what it is doing. 79. notice of meeting of the American Bar Association, 111. program of the meeting of the Alabama Bar Association, 307. notice of the meeting of the Arkansas Bar Association, 344. program of the meeting of the Georgia Bar Association, 363. program of the meeting of the Idaho Bar Association, 37. program of the meeting of the Illinois Bar Association, 381. program of the meeting of the Louisiana Bar Association, 381. program of the meeting of the Michigan Bar Association, 380. report of the meeting of the Florida Bar Association, 307. report of the meeting of the Idaho Bar Association, 165. BENEFIT SOCIETIES, suit for money collected by assessment by benefit society not a suit in rem, 317. BIGAMY, void and voidable marriages in prosecutions and bigamy, 108. BILLS AND NOTES, is accommodation indorser's liability affected by extension of note, 190. illegality under the Negotiable Instruments Law, 27. BOOK REVIEWS, reviews of Digests, American Digest, Volume 9A, 364. Missouri Digest-Volumes 16 and 17, 184. reviews of encyclopedias, Corpus Juris, Volume 14A, 438. Corpus Juris, Volume 21, 346. Corpus Juris, Volume 23, 456. reviews miscellaneous, Wilson's Civil Practice Manual of New York, 345. reviews of statutes, Barnes' Federal Code, 1921 supplement, 94. reviews of text books, Ballantine's Preparation of Contracts and Conveyances, 382. Collier on Bankruptcy, Twelfth Edition, 381. Foulke's International Law, 112. Holmes' Federal Income Tax, 1921 supplement, 94. |