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953

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

(B) Matters Relating to Property or In

terest Insured.

XVIII. ACTIONS ON POLICIES. 624(5) (Ind.App.) Creditor of insured held 326 (3) (11.) Keeping of gasoline on in- necessary party in action on automobile policy. sured premises held not violative of policy.--National Fire Ins. Co. v. Gellman, 144 N. É. Oberman v. U. S. Fire Ins. Co. of New York, 154. 144 N. E. 798.

(E) Nonpayment of Premiums or Assessments.

630 (Ind.App.) Court could not assume, on demurrer to complaint, existence in beneficiary of insurable interest in life of insured.-Miller v. Travelers' Ins. Co., 144 N. E. 554.

351 (Ind.App.) Terms of policy containing substantial provisions of statutes as to ex-648 (2) (Ind.App.) Evidence held immatetended insurance determine parties' rights.- rial.-National Fire Ins. Co. v. Gellman, 144 Waddell v. New England Mut. Life Ins. Co. N. E. 154. of Boston, Mass., 144 N. E. 852.

ΧΙ.

ESTOPPEL,

367 (2) (Ind.App.) Deduction of existing indebtedness to insurer from cash value in computing term of extended insurance held not authorized.-Waddell v. New England Mut. Life Ins. Co. of Boston, Mass., 144 Ñ. E. 852. OR WAIVER, AGREEMENTS AFFECTING RIGHT TO AVOID OR FORFEIT POLICY. clause requires 400 (111.) Incontestable affirmative action by insurer.-Powell v. Mutual Life Ins. Co. of New York, 144 N. E. 825. Timely notice of rescission of incontestable policy does not save its rights without further

action.-Id.

Filing plea by insurer within incontestable period stops running of limitation.-Id.

XII. RISKS AND CAUSES OF LOSS. (B) Insurance of Property and Titles. 424 (Ohio) Insurer held liable under policy for injury by "collision" of automobile with paved roadway resulting from turning sharp curve.-Great American Mut. Indemnity Co. v. Jones, 144 N. E. 596.

(C) Guaranty and Indemnity Insurance.

435 (N.Y.) Injury to insured's employee while working on manager's residence within workmen's compensation policy.-Jaabeck v. Theodore A. Crane's Sons Co., 144 N. E. 625.

(E) Accident and Health Insurance.

455 (III.) Death from typhoid from unintentionally drinking polluted water held caused by "external, violent, and accidental means.' Christ v. Pacific Mut. Life Ins. Co., 144 N. E. 161.

464 (Ind.App.) Exception from liability for intentional act of another held to include firing of shot with intent to hit insured.--Continental Casualty Co. v. Klinge, 144 N. E. 246.

XIII. EXTENT OF LOSS

AND LIABILITY

OF INSURER.

Certain testimony relating to proofs of loss held immaterial.-Id.

665 (8) (Ind.App.) Finding that insurer waived proof of loss sustained by evidence.National Fire Ins. Co. v. Gellman, 144 N. E.

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-Id.

INTERNAL REVENUE.

8 (N.Y.) Executor held not entitled to charge proportionate part of federal estate taxes on interests of remaindermen under deed of trust.-Farmers' Loan & Trust Co. v. Winthrop, 144 N. E. 686.

8 (N.Y.) Direction in will for payment of inheritance taxes out of general estate held not direction as to property not passing under will. Farmers' Loan & Trust Co. v. Winthrop, 144 N. E. 769.

Transfer which is subject to estate tax imposed by federal Revenue Act stated.-Id.

Exception from requirement of payment of federal estate tax out of estate held not to

authorize other exceptions by supposed analogy.

-Id.

Payment of federal estate tax out of estate held "practicable," within meaning of statute. Id.

Executor held required to pay, without_right of reimbursement, estate tax on transfer of property under revocable deed of trust.-Id.

INTOXICATING LIQUORS.

I. POWER TO CONTROL TRAFFIC. 10(2) (11.) Ordinance regulating sale of malted cereal, or vinous nonintoxicating bev(B) Insurance of Property and Titles. 501 (Ind.) Building and contents considerages as defined by law, valid; "liquor."-City ered as one item, in determining proportion of of Chicago v. Murphy, 144 N. E. 802. liability.-Firemen's Ins. Co. of Newark, N. J., v. Temple Laundry Co., 144 N. E. 838.

XV. ADJUSTMENT OF LOSS. 566 (Ill.) Proof of extent of loss in tion to amount fixed by agreement of parties held unnecessary.-Oberman v. U. S. Fire Ins. Co. of New York, 144 N. E. 798.

VI. OFFENSES.

132 (Ind.) Statute repealed by amendatory act as to keeping with intent to sell.-Smith v. State. 144 N. E. 471.

addi-132 (Ind.) Statute prohibiting transportation of liquor by vehicle held not to repeal one prohibiting transportation by any means.-Davy v. State, 144 N. E. 532.

Agreement fixing amount of loss does not preclude denial of liability by insurer.—Id. XVII. PAYMENT OR DISCHARGE, CONTRIBUTION, AND SUBROGATION.

not an offense.139 (Ind.) Possessing Smith v. State, 144 N. E. 471. 140 (Ind.) Keeping with intent to sell not an offense.-Smith v. State, 144 N. E. 471. VIII. CRIMINAL PROSECUTIONS. 607 (N.Y.) Assignment of claim against railroad held to entitle insurer to amount re- 222 (Ind.) Affidavit must allege "unlawful" covered for loss of insured building, but not transportation.-Batts v. State, 144 N. E. 23. for loss of other buildings or personalty.-236(7) (Ind.) Evidence held to sustain conCostello v. New York Cent. & H. R. R. Co., viction for keeping intoxicating liquor for sale. -Donnelly v. State, 144 N. E. 472. 144 N. E. 514.

Statement in action for fire loss that pay-236(9) (Ind.) Unlawful possession of more ment by insurer would have to be refunded than gallon intoxicating liquor sufficient to susheld not waiver of allegations as to subrogation tain finding of defendant's intent to sell as beverage.-Bailey v. State, 144 N. E. 36. agreement.-Id.

XI. COLLATERAL ATTACK. (A) Judgments Impeachable Collaterally.

236(9) (Ind.) Evidence held to sustain conviction for maintaining place for sale of intoxicating liquors.-Donnelly v. State, 144 N. E.481 (Ohio) Consent decree adjusting ali236(19) (Ind.) Evidence held to sustain conviction of possessing still.-Smith v. State,

472.

144 N. E. 141.

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For judgments in particular actions or proceedings, see also the various specific topics.

mony held not subject to collateral attack.Sponseller v. Sponseller, 144 N. E. 48.

XIII. MERGER AND BAR OF CAUSES OF ACTION AND DEFENSES.

(B) Causes of Action and Defenses Merged, Barred, or Concluded.

588 (Mass.) Judgment in action for use and occupation held not to bar action in tort for mesne profits.-Burke v. Willard, 144 N. E. 223.

XIV. CONCLUSIVENESS OF ADJUDI

CATION.

(B) Persons Concluded.

686 (Ohio) Descendant born after sale of life estate held bound under doctrine of virtual representation.-Judy v. Trollinger, 144 N. E.

44.

708 (Ind.App.) Conclusive only on parties before court.-National Fire Ins. Co. v. Gellman, 144 N. E. 154.

708 (Ind.App.) Conclusive only against parties and their privies; evidence of entry only against stranger.-Bastin v. Myers, 144 N. E.

425.

For review of judgments, see Appeal and Er-712 (Ind.App.) In action to quiet title held not to bind one not made party defendant.Bastin v. Myers, 144 N. E. 425.

ror.

I. NATURE AND ESSENTIALS IN
GENERAL.

17(3) (Ind.) Court cannot acquire jurisdiction by constructive service to render personal judgment against nonresident.-Pattison V. Grant Trust & Savings Co., 144 N. E. 26.

II. BY CONFESSION.

~46(1) (Ind.) By confession, under stipulation in contract, without service of process or voluntary appearance, unauthorized.-Egley v. T. B. Bennett & Co., 144 N. E. 533.

III. ON CONSENT, OFFER, OR ADMISSION.

90 (Ohio) When consent decree adjusting alimony may be vacated stated.-Sponseller v. Sponseller, 144 N. E. 48.

VI. ON TRIAL OF ISSUES. (C) Conformity to Process, Pleadings, Proofs, and Verdict or Findings. 256(6) (N.Y.) Incorporation of provision for payment of sum recovered for loss by fire to insurer held error.-Costello v. New York Cent. & H. R. R. Co., 144 N. E. 514.

VII. ENTRY, RECORD, AND DOCKETING.

282 (Mass.) Judge should sign name, and not write initials.-Volpe v. Sensatini, 144 N. E. 104.

VIII. AMENDMENT, CORRECTION, AND REVIEW IN SAME COURT.

314 (Ind.App.) Motion to modify decree held not to lie when in harmony with findings. --Wise v. Layman, 144 N. E. 564.

X. EQUITABLE RELIEF. (A) Nature of Remedy and Grounds. 419 (Ind.) Action to set aside will lie, where complainant not served with process.Traders' Loan & Inv. Co. v. Houchins, 144 N. E. 879.

(B) Jurisdiction and Proceedings. 457 (Ind.) One alleged to have aided in fraudulently obtaining judgments, but against whom no relief was sought, held not a necessary party to cross-complaint.-Pattison v. Grant Trust & Savings Co., 144 N. E. 26.

When binding on one not party.-Id.

(C) Matters Concluded.

720 (N.Y.) When bar or estoppel in subsequent litigation between same parties.-McAneny v. New York Cent. R. Co., 144 N. E. 362.

739 (Mass.) Decree dismissing petition for separate support held not res judicata in subsequent proceeding.-Gerrish v. Gerrish, 144 N. E. 235.

XVII. FOREIGN JUDGMENTS.

815 (Ind.) By confession in foreign state, under power of attorney in note executed in rett & Co., 144 N. E. 533. Indiana, not enforceable.-Egley v. T. B. Ben

829 (1) (Ohio) Decrees of courts of record of District of Columbia within full faith and credit clause.-Symons v. Eichelberger, 144 N. E. 279.

829(2) (Ohio) In action on judgment of court of record of District of Columbia, jurisdiction is presumed.-Symons v. Eichelberger, 144 N. E. 279.

831 (N.Y.) Decree of foreign country without force in New York. In re Stoddard, 144 N. E. 484.

XVIII. ASSIGNMENT.

844 (III.) Assignment held merely for purposes of collection with power of attorney.Gallagher v. Schmidt, 144 N. E. 319.

847 (Ohio) Assignee of valid judgment may recover thereon in any court of competent jurisdiction of same state.-Pennsylvania Co. v. West Penn Rys. Co., 144 N. E. 51.

XXI. ACTIONS ON JUDGMENTS.
(A) Domestic Judgments.

908 (Ohio) Action on judgment maintainable against one of two judgment debtors, who are joint tort-feasors, without service on the other.-Pennsylvania Co. v. West Penn Rys. Co., 144 N. E. 51.

920 (Ohio) Record and proof of ownership sufficient in action on judgment stated.-PennSylvania Co. v. West Penn Rys. Co., 144 N. E. 51.

JUDICIAL POWER,

See Constitutional Law, 70–72.

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

JURY.

II. RIGHT TO TRIAL BY JURY.

19(10) (Ind.) Complaint to annul construction contract for nonperformance held not to require jury trial.-Ritenour v. Shoemaker, 144 N. E. 550.

(B) Actions.

231(6) (Mass.) Evidence held insufficient to show exclusion of tenant from premises.Snider v. Deban, 144 N. E. 69.

LARCENY.

31(3) (N.Y.) Details of method of right See Receiving Stolen Goods. to jury trial largely subject to legislative discretion.-Akely v. Kinnicutt, 144 N. E. 682.

Act permitting joinder of causes not unconstitutional.-Id.

LANDLORD AND TENANT.

1. CREATION AND EXISTENCE OF THE

RELATION.

(N.Y.) Relation created only by contract express or implied.-Stern v. Equitable Trust Co. of New York, 144 N. E. 578.

II. PROSECUTION AND PUNISHMENT. (B) Evidence.

55 (11.) Evidence held to sustain conviction.-People v. Jennings, 144 N. E. 316. 55 (Ind.) Evidence held not to show accused stole or participated in stealing.-Carey v. State, 144 N. E. 22.

(C) Trial and Review.

83 (III.) Verdict must find value of property stolen.-People v. Jackson, 144 N. E. 314. Verdict held insufficient to sustain conviction.

7 (N.Y.) Relation created only by contract
express or implied, and not implied where acts-Id.
and conduct negative existence.-Stern v. Eq-
uitable Trust Co. of New York, 144 N. E. 578. See Landlord and Tenant.

II. LEASES AND AGREEMENTS IN
GENERAL.

(B) Construction and Operation.
44(2) (Mass.) Covenant to repair and re-
turn in good condition ceased to run with land
after breach.-Bailey v. Meade, 144 N. E. 110.
III. LANDLORD'S TITLE AND REVERSION.
(A) Rights and Powers of Landlord.
53(2) (Mass.) Transfer of reversion by
will carried benefits of covenant to repair and
return premises in good condition.-Bailey v.
Meade, 144 N. E. 110.

Fair inference that purchaser paid price based on value of property as of time of sale, without considering right to damages for breach of lessee's covenant.-Id.

IV. TERMS FOR YEARS.

(A) Nature and Extent. 70 (111.) Long-time leasehold is chattel real. Shedd v. Patterson, 144 N. E. 5. (B) Assignment, Subletting, and Mort

gage.

LEASE.

LEGISLATIVE POWER.

See Constitutional Law, 50.

LIBEL AND SLANDER.

1. WORDS AND ACTS ACTIONABLE, AND LIABILITY THEREFOR.

12 (Mass.) Inferable publication held defamatory and made concerning plaintiff detective agency.-Morgan v. Republican Pub. Co., 144 N. E. 221. 22 (Mass.) Defendant liable for what is insinuated.-Morgan v. Republican Pub. Co., 144 N. E. 221.

IV. ACTIONS.

as

(E) Trial, Judgment, and Review. 123(2) (Mass.) When court can say matter of law publication not libelous stated.Morgan v. Republican Pub. Co., 144 N. E. 221. Where words capable of two meanings, how readers may have understood them, question for jury.-Id.

LICENSES.

I. FOR OCCUPATIONS AND PRIVILEGES.

75(3) (N.Y.) Purchaser of business enti- 3 (III.) Things injurious to public licensed tled to marketable title to leases to be as- for purpose of regulation.-Lowenthal v. City signed and not required to take assignment of of Chicago, 144 N. E. 829. leases without landlord's consent.-Greene v. Barrett, Nephews & Co. (Old Staten Island Dyeing Establishment) 144 N. E. 503.

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154(4) (Mass.) Measure of damages for (A) Nature, Validity, and Construction in breach of contract to repair stated.-Daniels v.4(2) (N.Y.) Statute reviving right of acCohen, 144 N. E. 237.

VIII. RENT AND ADVANCES.

(A) Rights and Liabilities. 185 (Mass.) That previous tenant held over no defense to action for rent.-Snider v. Deban, 144 N. E. 69.

196 (N.Y.) Decedent's estate held not liable for rent payable after termination of tenancy by his death.-Stern v. Equitable Trust Co. of New York, 144 N. E. 578.

200(12) (N.Y.) Rights of landlord and tenant under emergency rent laws stated.Stern v. Equitable Trust Co. of New York, 144 N. E. 578:

tion already barred held not unconstitutional. -Robinson v. Robins Dry Dock & Repair Co., 144 N. E. 579.

~6(1)(N.Y.) After removal of bar to action pending its prosecution, plaintiff held not required to institute new action.-Robinson v. Robins Dry Dock & Repair Co., 144 N. E. 579. (B) Limitations Applicable to Particular Actions.

28(1) (Ind.) Compensation insurer's action against wrongdoer not in nature of assumpsit as respects time to sue.-Employers' Liability Assur. Co. v. Indianapolis & Cincinnati Traction Co., 144 N. E. 615.

II. COMPUTATION OF PERIOD OF LIMI

TATION.

(A) Accrual of Right of Action or Defense.

54(2) (N.Y.) When "mutual account of reciprocal demands" exists stated, for purpose of determining accrual of action.-Minion v. Warner, 144 N. E. 665.

Mutual open and current account held to have existed between cotenants for purpose of determining accrual of action for accounting. -Id.

54(4) (N.Y.) Time of accrual of action between tenants in common for accounting stated.-Minion v. Warner, 144 N. E. 665.

56(1) (Ind.) Compensation insurer must sue wrongdoer within 2 years after personal injury.-Employers' Liability Assur. Co. v. Indianapolis & Cincinnati Traction Co., 144 N. E.

615.

(G) Pendency of Legal Proceedings, Injunction, Stay, or War.

105(2) (N.Y.) Reliance upon statute subsequently declared invalid held not to preclude running of limitations against alternative remedy.-Robinson v. Robins Dry Dock & Repair Co., 144 N. E. 579.

LIQUOR SELLING.

See Intoxicating Liquors.

LUNATICS.

See Insane Persons.

MANDAMUS.

MASTER AND SERVANT.

I. THE RELATION.

(C) Termination and Discharge.

20 (Ind.App.) Employee not obliged to serve under indefinite contract.-Old Reliable Paint Co. v. Storey, 144 N. E. 562.

II. SERVICES AND COMPENSATION. (B) Wages and Other Remuneration.

72 (Mass.) Agreement to pay bonus founded on consideration.-Zampatella v. ThomsonCrooker Shoe Co., 144 N. E. 82.

80(7) (Ind.App.) Evidence as to books held properly excluded in action for commission.Old Reliable Paint Co. v. Storey, 144 N. E.

562. 80(10) (Mass.) Finding of agreement to pay bonus sustained.-Zampatella v. ThomsonCrooker Shoe Co., 144 N. Ē. 82.

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329 (Ind.) Complaint held to show driver was within scope of employment.-Fame Laundry Co. of Indiana v. Henry, 144 N. E. 545.

330(3) (Ind.) Evidence driver of automobile was engaged in owner's business essential.-Fame Laundry Co. of Indiana v. Henry, 144 N. E. 545.

332 (2) (N.Y.) Evidence held insufficient as matter of law to destroy presumption of owner's control of automobile operated by chauffeur.Moore v. Rosenmond, 144 N. E. 639.

VI. WORKMEN'S COMPENSATION ACTS. (A) Nature and Grounds of Master's Liability.

I. NATURE AND GROUNDS IN GENERAL. 3(12) (N.Y.) Mandamus competent to compel sewer commissioners to act, but relief must be sought by certiorari when ruling announced.347 (Ohio) Statute requiring municipalities -People ex rel. Desiderio v. Conolly, 144 N. to offer bonds to State Industrial Commission

E. 629.

II. SUBJECTS AND PURPOSES OF
RELIEF.

(B) Acts and Proceedings of Public Officers and Boards and Municipalities.

95 (N.Y.) Upon filing of map in street closing proceeding, mandamus lies to compel proceedings to assess compensation.-Underwood v. O'Brien, 144 N. E. 628.

at less than market value held void.-State v. Frazine, 144 N. E. 289.

348 (Ind.App.) Compensation act to be liberally construed.-National Power Const. Co. v. Rouleau, 144 N. E. 557.

352 (Ohio) Finding injury was not caused by noncompliance with lawful requirement held not to relieve claimant from the effect of waiver.-State v. Industrial Commission of Ohio, 144 N. E. 272.

101 (N.Y.) Functions of sewer commission-358 (Ohio) Exercise of option to sue waiver of right to compensation.-State v. Industriers in ordering payment for work done administrative and not judicial.-People ex rel. De- al Commission of Ohio, 144 N. E. 272. siderio v. Conolly, 144 N. E. 629.

102(1) (Ohio) Mandamus held to lie to compel county board of education to certify to county auditor sum due to employers' accumulation fund.-State v. Kurtz, 144 N. E. 120.

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361 (N.Y.) Employer liable for employee's death by accident while in its general employCo., 144 N. E. 625. ment.-Jaabeck v. Theodore A. Crane's Sons

367 (Ind.App.) Industrial Board must determine intent of oral contract in determining right to compensation for death of contractors' employee.-Spickelmier Fuel & Supply Co. v. Thomas, 144 N. E. 566.

371 (1) Risk "incidental to employment," within Compensation Act, defined.-Jefferson Printing Co. v. Industrial Commission, 144 N. E. 356.

Injury "arising out of employment," within Compensation Act, defined.-Id.

371 (Ind.App.) Injury “arising out of and in course of employment" within Compensation Act defined.-Marion Malleable Iron Works v. Ford, 144 N. E. 552.

373 (111) "Accidental injury" within Compensation Act defined; "accident."-Jefferson Printing Co. v. Industrial Commission, 144 N. E. 356.

373 (Ind.App.) Danger in use of streets an "incident to employment" within Compensation Act.-Capital Paper Co. v. Conner, 144 N. E. 474.

Injury to employé exposed to street risk is compensable.-Id.

957

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
373 (Ind.App.) Death of electric crane op-
erator held compensable as "arising out of and
in course of employment."-Marion Malleable
Iron Works v. Ford, 144 N. E. 552.

an

"accident" 373 (Ind.App.) Sunstroke within Workmen's Compensation Act.-Townsend & Freeman Co. v. Taggart, 144 N. E. 556.

Sunstroke accident "arising out of employment" within Compensation Act.-Id.

373 (Ind.App.) Assault and battery may be accidental injury within compensation act; "accident."-Furst Kerber Cut Stone Co. v. Mayo, 144 N. E. 857.

Assault and battery held accidental injury within Compensation Act.-Id.

Inferred that injury from quarrel arose out of employment.-Id.

tional Power Const. Co. v. Rouleau, 144 N. E.
557.
"Next of kin" may include widow.-Id.

(C) Proceedings.

398 (N.Y.) Limitation

in compensation law held to preclude revival of proceeding discontinued.-Joyce v. Eastman Kodak Co., 144 N. E. 482.

403 (Ind.App.) Widow claiming compensation has burden of proving husband's liability to support her.-Jelicic v. Vermillion Coal Co., 144 N. E. 38.

403 (Ind.App.) Employee injured in place where duty might require him to be presumed in course of employment within Compensation Act.-Capital Paper Co. v. Conner, 144 N. E.

474.

373 (N.Y.) Death by lightning held com-405(2) (Ind.App.) Compensation award to pensable as due to unusual risk.-Madura v. City of New York, 144 N. E. 505.

373 (Ohio) Assault on street sweeper held compensable as injury "in course of employment."-Delassandro v. Industrial Commission of Ohio, 144 N. E. 138.

375(1) (Ind.App.) Inference injury to salesman using street "arose out of and in course of employment" within Compensation Act held warranted.-Capital Paper Co. v. Conner, 144 N. E. 474.

375(1)(N.Y.) Laborer killed by lightning while under tree for shelter held injured in "course of employment."-Madura v. City of New York, 144 N. E. 505.

contractor's employee not sustained without evidence of injury in employment on work for defendant.-Spickelmier Fuel & Supply Co. v. Thomas, 144 N. E. 566.

Industrial Board's finding as to terms of contract between contractors and their employers held not sustained by evidence.-Id.

405 (4) (III.) Evidence held to show dizziness caused by compensable injury.-Freeman Coal Mining Co. v. Industrial Commission, 144 N. E. 326.

405 (4) (III.) Evidence held insufficient to justify compensation for death of employee developing erysipelas following vaccination.-Jefferson Printing Co. v. Industrial Commission, 144 N. E. 356.

Evidence of compensable injury must amount to more than conjecture.- Id.

375(2) (Ind.App.) Injury received on employer's driveway while going to lunch held not from suncompensable as "arising out of and in course of employment."-Moore v. Sefton Mfg. Cor-405 (4) (Ind.App.) Disability stroke held compensable as arising out of emporation, 144 N. E. 476. 375(2) (Ohio) Employment begins when ployment.-Townsend & Freeman Co. v. Tagemployé enters employer's conveyance to go to gart, 144 N. E. 556. work.-De Camp v. Youngstown Municipal Ry.405 (4) Co., 144 N. E. 128.

Injury to street railway employé conveyed to work held compensable as injury in "course of employment."-Id.

compensation 382 (Ind.App.) Approved agreement constitutes award.-Smith v. Brown, 144 N. E. 849.

(B) Compensation.

award for 385(11) (III.) Compensation permanent partial disability held justified. Freeman Coal Mining Co. v. Industrial Commission, 144 N. E. 326.

385(15) (Ind.App.) Award of compensation held unauthorized, and subject to modification. Millspaugh & Irish Co. v. Lunte, 144 N. E. 147.

of medical 385(16) (Ind.App.) Period treatment begins to run at once, where injury is visible.-Millspaugh & Irish Co. v. Lunte, 144 N. E. 147.

Period of medical treatment does not begin to run until injury through employment is established.-Id.

Right to medical treatment enforceable when injury may be diagnosed.-Id.

Period of medical treatment held not to begin to run until injury definitely established. -Id.

388 (Ind.App.) Widows conclusively presumed dependent within Compensation Act.Jelicic v. Vermillion Coal Co., 144 N. E. 38. Husband held not liable to support wife claiming compensation for death.-Id.

(Ind.App.) Hearsay testimony as to compensable injury insufficient.-Indiana Bell Telephone Co. v. Haufe, 144 N. E. 844.

405 (4) (Ind.App.) Finding injury from assault arose out of employment held supported.-Furst Kerber Cut Stone Co. v. Mayo, 144 N. E. 857.

405(6) (11.) Compensation for temporary total and permanent partial incapacity justified. -Freeman Coal Mining Co. v. Industrial Commission, 144 N. E. 832.

405(6) (Ind.App.) Allowance for medical treatment held warranted.-Millspaugh & Irish Co. v. Lunte, 144 N. E. 147.

405(6) (Ind.App.) Evidence held insufficient to sustain award of compensation.-Mooney-Mueller-Ward Co. v. Doyle, 144 N. E.

473.

417(33%) (N.Y.) Industrial Board has jurisdiction to determine insurance carrier's liability, and carrier or employer may appeal.Jaabeck v. Theodore A. Crane's Sons Co., 144 N. E. 625.

417(41⁄2) (Ind.App.) Vacation appeal in compensation case perfected by first serving notice. Thompson v. A. J. Thompson Stone Co., 144 N. E. 150.

417(5) (Ind.App.) "Submission" of appeal in compensation case defined.-Thompson v. A. J. Thompson Stone Co., 144 N. E. 150.

417(7) (Ind.App.) Reasonableness of workman's act held for Industrial Board.-Marion Malleable Iron Works v. Ford, 144 N. E. 552.

417(7) (Ind.App.) Industrial Board's finding as to intent of parties to contract with decedent's employer sustained, if supported by any evidence.-Spickelmier Fuel & Supply Co. v. Thomas, 144 N. E. 566.

389 (Ind.) Compensation Act, authorizing employer to recover from wrongdoer, does not create new cause of action.-Employers' Lia-418(6) (N.Y.) Conclusion on findings of bility Assur. Co. v. Indianapolis Cincinnati Traction Co., 144 N. E. 615.

Compensation insurer as "employer" may bring suit against third person causing injury. -Id.

393 (Ind.App.) Widow of workman entitled to compensation as "next of kin."-Na

facts reviewable by Court of Appeals in compensation proceedings.-Madura v. City of New York, 144 N. E. 505.

419 (Ind.App.) Review of compensation award on appeal limited to issue tendered in application for review.-Mooney-Mueller-Ward Co. v. Doyle, 144 N. E. 473.

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