See also CRIMINAL LAW, 1.

and maintain water pipes for the purpose | WITNESSES. of furnishing the inhabitants of a city with water does not create a monopoly, or prevent the granting of a similar franchise to another company, especially when there is an express stipulation that the city shall not erect waterworks of its own, but no stipulation against granting another franchise.


13. An opportunity to be heard upon the question of water rates fixed by ordinance is not denied where they are conferences between the officers of the corporation whose rates are fixed and the municipal authorities, although these officers are not allowed to be present at the final meeting when the ordinance is passed. San Diego Land & T. Co. v. National City, 1154 14. The losses from distribution of water to consumers outside of the city are not to be considered in fixing the rates for consumers within the city by ordinance. Id.


See also CARRIERS, 1, 2; CLOUD ON

1. A wharfinger is bound to exercise reasonable diligence in ascertaining the condition of the berths at his wharves, and, if there is any dangerous obstruction therein, to remove it or give due notice of its existence to vessels about to use the berths. Smith v. Burnett, 756

2. The right to erect and maintain permanent wharves could not be acquired under Md. act December 19, 1791, authorizing_licenses for wharves in the waters of the Potomac and the eastern branch to be given by commissioners "until Congress shall exercise jurisdiction and government within said territory." Morris v. United States,



[blocks in formation]

2. A codicil revoking a "bequest" to a home for incurables, and bequeathing to a friend "the $5,000 (heretofore in my will bequeated to said Home for Incurables)," does not revoke the provision in the will by which all the residue and remainder of the estate, of whatever kind, is given (using the words "devise and bequeath") to the Home for Incurables, but does revoke a bequest of $5,000 to a certain hospital, which is the only bequest of that amount in the will, both these gifts being declared to be for the establishment of beds in memory of a son of the testatrix.



The extent and manner of the crossexamination of a witness outside of the matter connected with his examination in chief is within the discretion of the court. Davis v. Coblens,


See also GARNISHMENT, 1.


[blocks in formation]

3. A nonresident agent of a foreign insurance company who comes into a state to compromise it within stated terms, leaving investigate a claim for a loss, with power to him a certain discretion as to the amount, when he is not a mere special agent for that particular case but is employed generally, on a salary, to act in all cases of that kind, service of process in an action on the claim sufficiently represents the company for the he is investigating, where the company is doing business within the state.


[blocks in formation]

5. Service of summons upon the general manager of a foreign corporation is sufficient service upon the company, under Ariz. Code Civ. Proc. § 704, as the provisions of §§ 348, 712, 713, providing specially for service on such corporations when they have ceased to do business in the state, or have no local or official agent appointed, are not intended to be exclusive. Henrietta Min. & M. Co. v. Johnson,




« ForrigeFortsett »