1. RES IPSA LOQUITUR, General Doctrine of. Where the physi
cal conditions, together with the other established facts, show that
an occurrence is one which could not ordinarily, in the nature of
things, happen but for negligence on the part of defendant, and where
the negligent operation of the apparatus is naturally accompanied
with danger and its control and the knowledge of its condition are
practically limited to the defendant or his servants, and evidence as
to the same is unavailable except through him or them, the rule of
res ipsa loquitur may usually be invoked by one to whom the de-
fendant owed a duty of protection and who was under no obligation
to and did not know, or have reason or opportunity to know, of
the danger that threatened him. (Wash.) Anderson v. McCarthy
Dry-Goods Co., 870.
2. RES IPSA LOQUITUR—Storekeeper's Liability to Customer.—
If a customer enters a store to make a purchase, and while there
a basket used upon the storekeeper's carrier system to convey goods
to and from the counter falls from the track and strikes the customer,
a prima facie case is there made out against the storekeeper, entitling
the customer to have it submitted to the jury to say whether negli-
gence has been established by the facts proved, unless the defendant
shows that the carrier system was properly installed and in good
repair, or that it had been properly inspected without any defect
being discovered, or that the basket was caused to fall by some
person or influence for whom or which the defendant was not respon-
sible. (Wash.) Anderson v. McCarthy Dry-Goods Co., 870.
3. NEGLIGENCE.-The Doctrine of the Turntable Cases is
Adopted in Utah in favor of children of immature years and discre-
tion. If an owner places something upon his premises which is easily
accessible to children, alluring and attractive to their childish propen-
sities, and excites their curiosity and desire for play, it, in effect,
amounts to an implied invitation to them to come upon the premises,
and if it is inherently dangerous to a person of immature judgment,
the owner of the premises may, under peculiar circumstances, be held
liable for his neglect of duty to a child coming thereon by reason of
such allurement. (Utah) Brown v. Salt Lake City, 828.
4. NEGLIGENCE-Proximate Cause. The proximate cause is the
dominant cause, not the one which is incidental to that cause or its
mere instrument, though the latter may be nearest in time to the
inquiry. (Neb.) Bell v. Rocheford, 595.
5. NEGLIGENCE-Whether a Question for Jury.-Negligence or
contributory negligence is ordinarily a question of fact for the jury;
it may, however, become a question of law for the court. (Colo.)
Farrier v. Colorado Springs etc. Ry. Co., 158.
6. NEGLIGENCE-When a Question for Jury.-The question of
negligence is for the jury when it depends on inference to be drawn
from acts and circumstances of a character that different intelligent
minds may honestly reach different conclusions. (Colo.) Farrier v.
Colorado Springs etc. Ry. Co., 158.
7. NEGLIGENCE-Sufficiency of Complaint.-It is necessary for
a complaint claiming damages for an injury caused by negligence to
allege such relationship between the plaintiff and defendant as to
raise a duty from the former to the latter and a failure to perform
it. (Ala.) Grissom v. Atlantic etc. Ry., 20.
Negligence, limitation of actions for when nominal damages have
been succeeded by substantial, 952.
NEGOTIABLE INSTRUMENTS.
See Bills and Notes.
NEWSPAPER.
See Trademark.
1. NOTICE.-Possession of Property is Actual Notice of whatever
interest the occupant has therein. (Neb.) Munger v. Beard &
Brother, 688.
2. NOTICE of Unrecorded Conveyance-Evidence of Proof.-The
burden of proof must be assumed by one who claims to be a subse
quent purchaser or mortgagee without notice of a prior unrecorded
conveyance. (Cal.) Hibernia Savings etc. Soc. v. Farnham, 129.
See Municipal Corporations, 20-23.
Nuisances, limitation of actions upon, 953, 954.
NUNC PRO TUNC ENTRY.
See Judgments, 5-7.
OFFICIAL BONDS—Estoppel Against Sureties.-The official re-
ports of a township treasurer, who has for many years been his own
successor, conclude his sureties, and they cannot maintain a suit in
equity to correct such reports so as to show that defalcations of their
principal occurred prior to the time when they became his sureties.
(Ill.) Cowden v. Trustees of Schools, 244.
OSTEOPATH.
See Damages, 3.
1. PARDON-Person Committed in Bastardy Proceeding.-The
governor has no authority to direct a sheriff to release a prisoner who
has been adjudged the father of an illegitimate child, ordered to pay
a specified amount for its maintenance, and committed to jail for de-
fault, in making payment. (Neb.) Campion v. Gillan, 667.
2. PARDON.-Bastardy is not an "Offense" within the meaning of
that term in a constitutional provision giving the governor power to
pardon "offenses"; the words "crime" and "offense" are used inter-
changeably, and bastardy is not a "crime." (Neb.) Campion v.
Gillan, 667.
3. PARDON.-Unless There has been a Crime and a Conviction,
the governor cannot pardon. (Neb.) Campion v. Gillan, 667.
4. PARDON.-The Governor can Pardon Only After Conviction by
the judgment of a court. (Neb.) Campion v. Gillan, 667.
PARENT AND CHILD-Implied Agreement to Pay for Ser-
vices. The relation of father and son prevents the implication of an
agreement that the latter should be compensated for services ren-
dered the former. (Mich.) In re Colburn's Estate, 479.
PARTIES.-One is not a Party to an Action Unless made
so by the record in the case, or unless he institutes the action in the
name of another, or, being interested in the subject matter of the
litigation, employs counsel to conduct or direct the suit. (Neb.)
Munger v. Beard & Brother, 688.
1. JURISDICTION—State and National Courts-Patent Rrights.—
A state court has jurisdiction to try and determine a suit in equity
to establish an equitable title to letters patent issued by the United
States. (Mass.) American Circular Loom Co. v. Wilson, 409.
2. LETTERS PATENT-Employer's Right to an Invention of
His Employé. The superintendent of a manufacturing department,
charged with the duty of looking after machinery and making im-
provements therein, who makes an invention, his employer furnishing
the money necessary to pay the expenses of procuring a patent,
does not thereby lose his right to the invention so as to entitle his
employer to an assignment of the letters patent, where such employer
has had the benefit of the invention through the use of machines made
under the patent and contributing largely to the success of his busi-
ness. (Mass.) American Circular Loom Co. v. Wilson, 409.
3. LETTERS PATENT, Employer's Right or License to Use.—
When one in the employ of another in a certain line of work devises
an improved method or instrument for doing that work, and uses the
property of his employers and the services of their employés to de-
velop and put into practicable form such invention, and explicitly
assents to the use by his employers of such invention, he thereby gives
some kind of license, or, at least, a shop right to any patent which
may be issued to him as the result of his invention and of the use
of his employers' property and employés thus given to him, but his
employers are not from these facts entitled to a perpetual and ex-
clusive right under the patent. (Mass.) American Circular Loom
Co. v. Wilson, 409.
4. CORPORATION, MANUFACTURING, Employé and Director
of, When may not Acquire a Patent for His Own Use.-A director
and trusted employé of a manufacturing corporation, knowing that it
is able to purchase any invention or improved machinery for use
in its business, and that its interests would be promoted by such
acquisition, violates his duty by secretly purchasing any such inven-
tion or improvement, either for the purpose of afterward selling it
at an advance price or of using it to the injury of his employer,
and such employing corporation may, by proper proceedings in equity,
secure to itself the benefit of any purchase made by such employé.
(Mass.) American Circular Loom Co. v. Wilson, 409.
5. EMPLOYER AND EMPLOYÉ, Duty of the Former to Act
Promptly When Informed that the Latter has Purchased Patent
Rights to Which the Employer may Become Entitled. If an em-
ployé, becoming aware of an invention susceptible of being applied
to the machinery and in the business of his employer, takes an as-
signment of the patents for his own use, and the employer permits
the employé to pay off an indebtedness existing in favor of the em-
ployer for moneys advanced to the inventor while perfecting his
invention and also to make additional payments to the inventor,
and then remains silent for more than two and a half years, this is
an election to permit the employé to retain for his own use the
rights acquired by an assignment to him of the letters patent, and
precludes the employer from maintaining any suit to compel such
rights to be assigned to it or used for its benefit. (Mass.) American
Circular Loom Co. v. Wilson, 409.
6. EMPLOYER AND EMPLOYÉ, Right of the Former to an As-
signment of Patent Rights Acquired by the Latter.-If a trusted em-
ployé of a manufacturing corporation knows of experiments being
made and inventions perfected relating to machinery of the class
used in the business of the employer in the charge of such employé,
and acquires by assignment letters patent to such invention without
first giving his employer an opportunity to do so, the latter may treat
the assignment as taken in trust for his benefit, and may compel the
transfer upon reimbursing his employé for the respective amounts
paid by him. (Mass.) American Circular Loom Co. v. Wilson, 409.
7. LETTERS PATENT, Equitable Assignment of Right to by One
Corporation to Another.-If letters patent to an invention are acquired
under such circumstances that a corporation has a right to insist
that the acquisition shall be treated as a trust for its benefit, and it
turns over all its assets to another corporation, which takes charge
of its business affairs, and a formal assignment is made of such
assets, including letters patent, inventions and choses in action,
the assignee corporation is entitled to have the inventions so acquired
held in trust for its benefit, and to a decree requiring an assignment
to it. (Mass.) American Circular Loom Co. v. Wilson, 409.
PAYMENT.-The Giving of a Check is Presumptive Evidence
of the payment of a debt where the transaction is bona fide, but this
presumption may be overcome by other evidence. (Wis.) Meyer v.
Doherty, 967.
Physicians, limitation of actions against for damages, 951.
1. PLEADINGS-Relief, When Restricted to the Facts and Pur-
poses Alleged. In a suit to have certain conveyances declared fraud-
ulent as against the complainant and for relief therefrom on the
ground that she holds a judgment for alimony against the grantor of
such deeds, she is not entitled to have a decree permitting her to re-
deem on the ground that she is entitled to so redeem because of her
inchoate right of dower, the right of redemption not having been
made an issue by the complaint. (Mo.) Moss v. Fitch, 568.
2. PLEADINGS-Nature of Irregular Action, When cannot be
Changed by the Plaintiff's Reply Pleadings.-A plaintiff, having set
out one cause of action in his complaint, cannot, in his reply to the
defendant's answer, introduce and obtain relief upon an entirely dif
ferent cause. (Mo.) Moss v. Fitch, 568.
8. PLEADING-Damages not Alleged in the Complaint.-In an ac-
tion for personal injuries alleged to be due to the negligence of the
defendant corporation, wherein the plaintiff specified several classes of
injuries from which she had suffered, with the consequences claimed
to have resulted, and without referring to any injury to her eyes, it is
improper, against objection, to receive testimony of injury to the
plaintiff's eyes and its effect upon her sight up to the time of the
trial, and the further injurious effect reasonably apprehended.
(Utah) Pugmire v. Oregon Short Line R. R. Co., 805.
4. PLEADING, Injury to Eyesight, When not Put in Issue by
General Allegation.-Where, in an action by a woman to recover for
personal injury, she alleges that by reason of such injury she has
been incapacitated from performing her daily work and household
duties, this general allegation does not justify the reception of testi-
mony showing injury to her eyes and impairment of her sight, where
the complaint specifies different injuries suffered by the plaintiff and
the consequences resulting from them, but does not state any injury
to her eyes or any loss of her sight. (Utah) Pugmire v. Oregon
Short Line R. R. Co., 805.
5. APPEAL AND ERROR-Objections to Evidence, Questions
Proper to be Raised by.-If a complaint fails to disclose the facts
requisite to sustain an action, the defendants may, at the trial, object
that the complaint is so insufficient, notwithstanding a demurrer there-
to has been overruled. (Cal.) Carpenter v. Sibley, 77.
JUDGMENT Foreclosing a Pledge-Effect of upon the Right to
the Possession of the Pledged Property.—A judgment in favor of the
pledgee of a certificate of stock directing its sale to satisfy the judg
ment merges the rights of the pledgee into the judgment, leaving him
only the right to have it enforced by the sale as directed, and ter-
minating his right to possession of the certificate. (Wash.) Ameri-
can Bonding Co. v. Loeb, 891.
POLICE POWER.
See Constitutional Law, 14-25.
Presumption of legitimacy of one born of a married woman, 261, 262,
264, 272.
of the authority of an attorney at law to appear, 33, 37, 39, 40.
of the authority of an attorney at law to appear, evidence suffi-
cient to overcome, 40.
1. SURETY COMPANY-Contracts in Nature of Insurance.-The
business of corporations organized for profit in assuring perform-
ance of contracts partakes largely of the nature of insurance, and is
governed by essentially the same principles of law. (Iowa) Van
Buren Company v. American Surety Co., 290.
SURETY COMPANY-Notice of Default-Strict Compliance.-
A condition in a surety bond requiring notice of default pertains to
the remedy, and though precedent to the maintenance of an action,
is not so strictly construed by the courts as are conditions involving
the essence of the agreement. (Iowa) Van Buren County
American Surety Co., 290.
3. SURETY COMPANY-Notice of Default-Time for Giving.-
The notice of default required by a surety bond is not due until
the fact of which the surety is to be apprised is known to the in-
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