of insured's death held for jury.-Feder v. Mid-132 (Mass.) Act prohibiting transportation
land Casualty Co., 147 N. E. 468.
of intoxicating liquors held not in conflict with
National Prohibition Act.-Commonwealth v.
Dzewiacin, 147 N. E. 582.
138 (Mass.) Motor vehicle held "vehicle"
within act prohibiting transportation of intoxi-
cating liquors.-Commonwealth v. Dzewiacin,
147 Ñ. E. 582.
XX. MUTUAL BENEFIT INSURANCE.
(E) Beneficiaries and Benefits.
766 (III.) Claim under certificate in frater-
nal beneficiary society is personal right, and
not lien upon specific property.-Austin v. Roy-139 (Ind.) Mere possession of intoxicating
al League, 147 N. E. 106.
Benefit certificate in fraternal beneficiary so-
ciety held not a res, but merely evidence of ob-
ligation of society.-Id.
Claim of heirs against society under benefit
certificate held personal enforceable transitory
right.-Id.
liquors not a public offense during 1923 after
passage of 1923 prohibition law.-Hubbard v.
State, 147 N. E. 323.
139 (Ind.) Possession of half pint of intox-
icating liquor not a criminal offense.-Thompson
v. State, 147 N. E. 778.
143 (Ind.) Proof of sale of intoxicating
liquor unnecessary to constitute offense of
keeping place for purpose of drinking.—Brown
v. State, 147 N. E. 136.
777 (III.) Ineligible beneficiary in certifi-
cate of fraternal benefit society entitled to
reimbursement of assessments paid in good
faith.-Austin v. Royal League, 147 N. E. 106.143 (Ind.) Not necessary that premises al-
Claim of ineligible beneficiary for reimburse- leged to be common nuisance be operated in
ment of assessments does not create lien upon disorderly manner.-Alyea v. State, 147 N. E.
general fund of society.-Id.
Jurisdiction of parties entitled to payment
necessary as condition to decree reimbursing
ineligible certificate holder.-Id.
Jurisdiction over heirs of insured necessary to
adjudicate claim of ineligible beneficiary for re-
imbursement of assessments.-Id.
I. RIGHTS AND LIABILITIES IN GENERAL.
6 (Ohio) Lender withholding money for
borrower's use held entitled to interest accord-
ing to notes evidencing contract.-Carr
Doan Savings & Loan Co., 147 N. E. 641.
143 (Ind.) Refusal to instruct that mere
finding of liquor would not of itself render room
common nuisance held error.-Beemer v.
State, 147 N. E. 276.
143 (Ind.) Keeper of place where liquor
sold guilty of maintaining "common nuisance."
-Shacklett v. State, 147 N. E. 326.
156 (Ind.) To "furnish" intoxicating liq-
uor to another means to supply it for his use.
-Hubbard v. State, 147 N. E. 323.
One pouring liquor into glass for inspection
and then throwing it away not guilty of "other-
wise furnishing" intoxicating liquor.-Id.
167 (Ind.) Evidence that accused made
15 (11.) Specific sums of money payable several sales justified conviction for maintain-
for work by written agreement carry interesting and assisting in maintaining common nui-
from time they become due.-Smith v. Gray, sance.-Alyea v. State, 147 N. E. 144.
21 (Mass.) Decree allowing account of ex-
ecutor or administrator is not "judgment" on
award as respects allowance of interest.-
O'Shea v. Barry, 147 N. E. 845.
III. TIME AND COMPUTATION.
39(1) (Ohio) When interest computable
from date of instrument stated.-Carr v. Doan
Savings & Loan Co., 147 N. E. 641.
46(1) (H.) From what time contractor
was entitled to interest for sums not paid by
owner, stated; "Other instrument of writing."
-Smith v. Gray, 147 N. E. 459.
56 (Ohio) Lender, withholding money for
borrower's use, held entitled to interest after
maturity of notes only on moneys actually ad-
vanced.-Carr v. Doan Savings & Loan Co.,
147 N. E. 641.
INTERNATIONAL LAW.
4 (N.Y.) Court will not recognize as law
ful sovereign government foreign state civil
authorities not recognized by Department of
State.-Russian Reinsurance Co. v. Stoddard,
147 N. E. 703.
VIII. CRIMINAL PROSECUTIONS.
198 (Ind.) Affidavit alleging commission of
crime in named county, held sufficiently specific.
-Coger v. State, 147 N. E. 624.
Proof of commission of offense three days pri-
or to time alleged in affidavit immaterial.-Id.
198 (Ind.) Affidavit in prosecution for
maintaining liquor nuisance held not bad for
duplicity.-Thompson v. State, 147 N. E. 778.
Affidavit in prosecution for maintaining liquor
nuisance held not bad for duplicity or uncer-
tainty in describing place.-Id.
210 (Ind.) Affidavit, charging transporta-
tion in vehicle, need not allege presence of fire-
arms in such vehicle or on person therein.-
Frey v. State, 147 N. E. 279.
216 (Ind.) Affidavit charging transporta-
tion of "intoxicating liquor," held sufficient.-
Frey v. State, 147 N. E. 279.
222 (11.) Indictment for selling or keeping
for sale must negative exceptions in Prohibi-
tion Act.-People v. Elias, 147 N. E. 472.
223(6) (Ind.) Proof in liquor prosecution
held not at variance with affidavit.-Gillen-
10 (N.Y.) Court will not assume jurisdic-water v. State, 147 N. E. 714.
tion of action by Russian insurance company
nationalized by decree of Russian government
not recognized by United States government.
Russian Reinsurance Co. v. Stoddard, 147 N.
224 (Mass.) Commonwealth held not re-
quired to prove defendant had not obtained fed-
eral permit to transport intoxicating liquors.
Commonwealth v. Dzewiacin, 147 N. E. 582.
236 (62) (III.) Conviction of possession
held not warranted by evidence.-People v. Elias,
147 N. E. 472.
236 (9) (Ind.) Evidence held to sustain con-
viction for maintaining nuisance where intox-
icating liquors were sold.-Brown v. State, 147
N. E. 136.
236(9) (Ind.) Evidence held to sustain
conviction of maintaining common nuisance.--
Shacklett v. State, 147 N. E. 326.
236 (9) (Ind.) Evidence held insufficient to
prove defendant guilty of maintaining a liquor
nuisance.-Thompson v. State, 147 N. E. 778.
Possession of half pint of whisky not prima
facie evidence that defendant engaged in sale.
-Id.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
236(11) (III.) Conviction of sale held not
warranted by evidence.-People v. Elias, 147
N. E. 472.
236(11) (Ind.) Evidence held to sustain
conviction for selling intoxicating liquor.-
Gillenwater v. State, 147 N. E. 714.
236(11) (Mass.) Delivery of liquor under
circumstances held sufficient to prove sale.-
Commonwealth v. Goms, 147 N. E. 345.
236(19) (Ind.) Evidence held to sustain
conviction of possessing still.-Mahan v. State,
147 N. E. 711.
of defendant in making joint purchase of lots.-
Jones v. Jenkinson, 147 N. E. 128.
JOINT-STOCK COMPANIES AND BUSI-
NESS TRUSTS.
business trust held not personally liable on con-
15(1) (Mass.) Cestui que trusts of valid
tract of trustees with architect.-Greco v. Hub-
bard, 147 N. E. 272.
236 (20) (Ind.) Evidence held to sustain See Tenancy in Common.
conviction of transportation.-Lowery v. State,
147 N. E. 151.
236 (20) (Ind.) Evidence held to warrant
finding that transportation of liquor in auto-
mobile was not for permissible purpose.-Wish-
mire v. State, 147 N. E. 278.
236 (20) (Ind.) Unlawful transportation of
liquor held proved,-Haverstick v. State, 147 N.
E. 625.
239(2) (Ind.) Refusal of instruction that
mere possession of intoxicating liquor not an
offense held error.-Hubbard v. State, 147 N.
239 (2) (Ind.) Court only required to give
instructions applicable to evidence.-Haverstick
v. State, 147 N. E. 625.
Court properly refused to instruct that jury
could find accused guilty of felony or misde-
meanor, under indictment charging felony only.
-Id.
Instruction that Constitution could be revoked
only by authority that made it held properly re-
fused.-Id.
IV. DISQUALIFICATION TO ACT.
56 (II.) Proceedings for organization of
outlet drainage district not void because own-
er of land in district was presiding judge prior
to application for change of venue.-Sproul v.
Springman, 147 N. E. 131.
For judgments in particular actions or proceed-
For review of judgments, see Appeal and Er-
ings, see also the various specific topies.
I. NATURE AND ESSENTIALS IN
GENERAL.
16 (III.) Court cannot render binding de-
cree where neither res nor persons interested
are before it.-Austin v. Royal League, 147 N.
E. 106.
239(2) (Ind.) Refusal of requested in.
struction held not erroneous under the evidence. 17(3) (II.) Nonresident having interest in
-Gillenwater v. State, 147 N. E. 714.
certificate not required to appear upon con-
239(8) (Ind.) Instruction relating to main-structive notice of suits against society.-Aus-
taining common nuisance held not misleading. tin v. Royal League, 147 N. E. 106.
-Alyea v. State, 147 N. E. 144.
Decree against party in another state, upon
notice by publication, does not bind party per-
sonally.-Id.
Instruction relating to maintenance of com-
mon nuisance within Prohibition Law held cor-
rect.-Id.
326 (Ohio) Court cannot alter conclusions
by nunc pro tune entry at subsequent term.-
Reinbolt v. Reinbolt, 147 N. E. 808.
279 (11.) Evidence held sufficient to estab-335(1) (Ind.App.) Courts of special or lim-
lish sales in violation of injunction.-State v.
Aiello, 147 N E. 916.
ited jurisdiction have no power to review judg-
ments previously rendered by them.-Pass v.
State, 147 N. E. 287.
That defendants' sworn answers purged them
of contempt in violation of prohibition injunc-335 (2) (Ind.App.) Newly-discovered
tion held untenable.-Id.
Punishments for contempt in selling in viola-
tion of injunction held not excessive.-Id.
XII. RIGHTS OF PROPERTY AND
CONTRACTS.
327(1) (N.Y.) Vendor held not required to
comply with contract requiring shipment of al-
cohol in violation of National Prohibition Act.
-Boer v. Garcia, 147 N. E. 231.
dence held not to constitute new matter, justi-
fying review of judgment.-Trust & Savings
Bank of Rensselaer v. Brusnahan, 147 N. E.
168.
Newly-discovered evidence of matter already
in issue available only in motion for new trial.
-Id.
Changed conditions since rendition of judg-
ment in action for conversion held not to enti-
tle defendant to review of judgment.-Id.
IX. OPENING OR VACATING.
336 (Mass.) Petitions to vacate judgments
filed as separate proceedings.-Wrinn v. Sell-
ers, 147 N. E. 899.
4(1) (III.) Misrepresentations by joint
purchaser as to price option secured constitutes
actual fraud entitling other joint purchaser to 342(1) (III.) Court cannot set aside its
accounting. Jones v. Jenkinson, 147 N. E. 128. judgment after expiration of term at which en-
~5 (2) (III.) Evidence held to sustain finding tered.-Village of Downer's Grove v. Glos, 147
for complainant in bill for accounting for fraud N. E. 390.
147 N.E.-61
384 (Mass.) Special matter not going to | 55(2) (III.) Lessee's liability for waste
merits must be raised by special pleadings.- held suspended until known that he will not
Wrinn v Sellers, 147 N. E. 899.
exercise option to purchase.-Keogh v. Peck,
147 N. E. 266.
385 (Ind.App) Courts of special or lim-
ited jurisdiction have no power to set aside
judgments previously rendered by them.-Pass
v. State, 147 N. E. 287.
XIV. CONCLUSIVENESS OF ADJUDI-
(B) Persons Concluded.
686 (III.) Judgment on foreclosure res ju-
dicata of rights of mortgagor's heir in action
to determine whether mortgagor had mortgage-
able interest.-Pereboom v. Cloyd, 147 N. E.
382.
699 (1) (Mass.) Issue as to cause of fire
held to have been settled in former litigation.
-Boston & M. R. R. v. Hartford Fire Ins. Co.,
147 N. E. 904.
707 (Mass.) Decision of Supreme Judicial
Court is res judicata as to parties before it.-
Hill v. Levine, 147 N. E. 837.
(C) Matters Concluded.
717 (111) Decree in suit for separate
maintenance res judicata as to fault of parties
living apart.-Hoffman v. Hoffman, 147 N. E.
110.
762 (III.) Judgment entered after com-
mencement of proceeding involving property
held not valid lien against it.-Macaulay v. Do-
rian, 147 N. E. 793.
XVI. JUDGMENTS IN REM.
56 (2) (N.Y.) Attornment to claimant of
paramount title creates new tenancy.-In re
O'Donnell, 147 N. E. 541.
IV. TERMS FOR YEARS.
(C) Extensions, Renewals, and Options to
Purchase or Sell.
82 (Mass.) Defect in brick wall, and fail-
ure to replace defective iron fence, held not a
matter of law to require finding of waste de-
feating right to extension of lease.-Massa-
chusetts Home Missionary Soc. v. Sirianni, 147
N. E. 823.
92 (1) (III.) Lease provision that each par-
ty shall furnish address to which to direct no-
tices held not mandatory.-Keogh v. Peck, 147
N. E. 266.
Lessee's notice of election to exercise option
to purchase held not to vary terms of option.
-Id.
Option to purchase contained in lease held
transferable as property, runs with land, and is
specifically enforceable in equity.-Id.
Lessee on exercising option to purchase con-
tained in lease becomes owner of fee.-Id.
VII. PREMISES AND ENJOYMENT AND
(B) Possession, Enjoyment, and Use.
130(2) (N.Y.) Eviction by valid attornment
to claim of title paramount, breach of covenant
of quiet enjoyment.-In re O'Donnell, 147 N. E.
804 (111.) Judgment in rem creates no 541.
personal liability, especially against those not 130(3) (N.Y.) Lessor has burden of prov-
served with process.-Austin v. Royal League, ing mitigating circumstances.-In re O'Don-
147 N. E. 106.
nell, 147 N. E. 541.
812(3) (III.) Judgment in rem operates di-130 (4) (N.Y.) Continued possession after
rectly upon property and binds all persons to eviction will reduce damages for breach of cov-
extent of their interest.-Austin v. Royal enant.-In re O'Donnell, 147 N. E. 541.
League, 147 N. E. 106.
JUDICIAL POWER.
See Constitutional Law, 68-70.
See Criminal Law, 858.
II. RIGHT TO TRIAL BY JURY.
10 (III.) “Right of trial by jury" means
that right as it existed at common law and at
adoption of respective Constitutions.-Sinopoli
v. Chicago Rys. Co., 147 N. E. 487..
144 (N.Y.) Landlord, who canceled lease,
cannot recover in action against tenant to re-
strain breach of covenants.-Symonds v. Hurl-
but, 147 N. E. 540.
Landlord not entitled to damages from ten-
ant withholding possession of premises.-Id.
(D) Repairs, Insurance, and Improve-
ments.
158 (N.Y.) Lease held not to require land-
lord to construct unsightly or wasteful addi-
tions.-O'Connor v. Collins, 147 N. E. 65.
covenant to put premises in repair, where ten-
ant asserting right to extension.-Massachu-
setts Home Missionary Soc. v. Sirianni, 147
N. E. 823.
Landlord's obligation to build additional sto-
ries held not optional or absolute, but condition-
14(9) (Ind.App.) Action to quiet title is al on circumstances excusing performance.-Id.
triable by jury.-Neal v. Baker, 147 N. E. 635.160 (2) (Mass.) Lessor could not insist on
37 (I.) Statute declaring judgment of Ap-
pellate Court final on questions of fact not
violative of constitutional guaranty of jury trial.
-Sinopoli v. Chicago Rys. Co., 147 N. E. 487.
V. COMPETENCY OF JURORS, CHALLENG-
ES, AND OBJECTIONS.
103(2)(III.) Overruling challenge for cause
of juror, because of opinion formed, held not
error.-People v. Berman, 147 N. E. 428.
103(11) (1.) Right to trial by fair and im-
partial jury does not mean right to trial by
jurors who had not heard of defendant's case
or formed passing opinion.-People v. Berman,
147 N. E. 428.
131(6) (11.) Refusal to permit examination
of prospective juror as to his membership in
Ku Klux Klan held not error.-People v. Ber-
man, 147 N. E. 428.
LANDLORD AND TENANT.
III. LANDLORD'S TITLE AND REVERSION.
(A) Rights and Powers of Landlord.
←~55(1) (III.) Where lease constitutes sole
contract, wrongful act of lessee injuring re-
version gives immediate right of action.-Keogh
v. Peck, 147 N. E. 266.
(E) Injuries from Dangerous or Defective
Condition.
162 (Mass.) Rule that landlord must keep
premises used in common in same condition as
at time of letting is exception to general rule
that easement owner must keep servient estate
in condition for enjoyment of easement.-Con-
don v. Winn, 147 N. E. 562.
164 (1) (Mass.) Tenant takes premises in
condition he finds them, in absence of express
agreement.-Condon v. Winn, 147 N. E. 562.
164(7) (Mass.) Liability of landlord for
damages from concealed defects rests on duty
of disclosure from relationship.-Condon v.
Winn, 147 N. E. 562.
167(5) (N.Y.) Abutting owner held not lia-
ble for injuries by opening in street.-Kirby v.
Newman, 147 N. E. 69.
169(11) (Mass.) In absence of evidence of
condition of piazza rail at time tenancy began
or at any time before accident, defendant's mo-
tion for directed verdict should have been grant-
ed.-Condon v. Winn, 147 N. E. 562.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
I. FOR OCCUPATIONS AND PRIVILEGES.
(Ohio) Statutes held to lay occupational
tax on telegraph, telephone, and railroad com-
panies.-City of Cincinnati v. American Tele-
phone & Telegraph Co., 147 N. E. 806.
52 (II) Power to license or tax occupa-
tion must be expressly granted to city, or be
necessarily incident to power so granted.-Bar-
nard & Miller v. City of Chicago, 147 N. E. 384.
City cannot license factories and workshops
to raise revenue.-Id..
entitled to benefits under Workmen's Com-
pensation Act.-In re Opinion of the Justices,
147 N. E. 681.
Apparent inequality arising under proposed
compulsory motor vehicle insurance act, where
different kinds of security provided held not
to render act unconstitutional if enacted.-Id.
7(3) (III.) Ordinance regulating and licens-
ing factories and workshops held void.-Barnard
& Miller v. City of Chicago, 147 N. E. 384.
7(4) (Mass.) That proposed compulsory
motor vehicle insurance act applied indifferent-
ly to all classes and kinds of motor vehicles
held insufficient to render it unconstitutional
if enacted.-In re Opinion of the Justices, 147
N. E. 681.
7 (8) (Ohio) Ordinance levying occupation-
al tax held not to tax occupation, and again
tax its component parts.-Marion Foundry Co.
v. Landes, 147 N. E. 302.
See Attorney and Client, 192.
LIFE ESTATES.
18 (111.) Assessment for betterment of
lands apportioned ratably between life tenant
and remaindermen; "tax;" "incumbrance."-
Warren v. Lower Salt Creek Drainage Dist. of
Logan County, 147 N. E. 248.
25 (N.Y.) Lease by life tenant extinguished
by death. In re O'Donnell, 147 N. E. 541.
Life tenant's lessee, continuing possession
without consent after lessor's death, trespasser.
-Id.
Attornment by life tenant's lessee to remain-
derman held eviction.-Id.
Attornment of lessee of life tenant held not
accepted for period of years.-Id.
Life tenant's lessee entitled to vacate on ter-
mination of license under attornment to re-
mainderman.-Id.
Damage to lessee for breach of covenant, dif-
ference between rent and value.-Id.
LIMITATION OF ACTIONS.
~~6(I) (III.) Power to regulate and license See Adverse Possession.
occupation not derivable from void statute.-
Barnard & Miller v. City of Chicago, 147 N.
E. 384.
6(2) (Ohio) Occupation tax of city held not
invalid as exercise of function vested in general
assembly.-Marion Foundry Co. v. Landes, 147
N. E. 302.
LIQUOR SELLING.
See Intoxicating Liquors.
LIVERY STABLE AND GARAGE
KEEPERS.
6(11) (III.) City held not authorized to reg-41⁄2 (Mass.) "Owner," in application for
ulate and license factories and workshops by
clause of Cities and Villages Act before amend
ment declared invalid.-Barnard & Miller v. City
of Chicago, 147 N. E. 384.
Ordinance regulating and licensing factories
and workshops not authorized by police power,
nuisance, and health clauses of statute.-Id.
~7(1) (Mass.) Law prohibiting person from
operating motor vehicle on highway until he
has satisfied outstanding judgment founded on
previous operation is within legislative power.-
In re Opinion of the Justices, 147 N. E. 680.
building permit, held to include all tenants in
of City of Boston, 147 N. E. 866.
common.-Marcus v. Board of Street Com'rs
Application for building permit in name of
one tenant in common only not compliance with
Erection of garage on land allowable only by
consent of all tenants in common.-Id.
Functions of board of street commissioners
of Boston as to building permits are quasi ju-
dicial in nature.-Id.
7(1) (Mass.) Requirement that owner of
motor vehicle provide security for discharge of
liability for personal injuries or death before See Insane Persons.
being allowed to register motor vehicle not un-
reasonable. In re Opinion of the Justices, 147
N. E. 681.
Legislature may enact compulsory motor ve-
hicle insurance act giving vehicle owner option
as to kind of security he shall furnish.-Id.
II. WANT OF PROBABLE CAUSE.
18(2) (N.Y.) Prosecution for extortion
held based on probable cause.-Simpson v.
Proposed compulsory motor vehicle insur- Coastwise Lumber & Supply Co., 147 N. E. 77.
ance act not unconstitutional because inap-19 (N.Y.) Probable cause defense regard-
plicable to liability for injuries or death occur-
ring on private property.-Id.
less of guilt of accused.-Simpson v. Coastwise
Lumber & Supply Co., 147 N. E. 77.
Innocence of accused immaterial.-Id.
20 (N.Y.) Instruction on probable cause
held correct.-Simpson v. Coastwise Lumber &
Supply Co., 147 N. E. 77.
7(1) (Ohio) Ordinance levying occupation-
al taxes not invalid as levy of "poll tax."-
Marion Foundry Co. v. Landes, 147 N. E. 302.
7(2) (Mass.) Proposed compulsory motor
vehicle insurance act not unconstitutional, be-20 (N.Y.) Conductor must have probable
cause exempting from its benefits employees cause to justify charging passenger with crime
of riding on train without paying fare.-Hyman
v. New York Cent. R. Co., 147 N. E. 613.
"Probable cause" defined.-Id.
~59(1) (N.Y.) Telegrams between conductor
who caused plaintiff's arrest for riding on train
without paying fare and another conductor held
competent on issue of probable cause. Hyman
v. New York Cent. R. Co., 147 N. E. 613.
71(1) (N.Y.) Correctness of testimony of
defendant railroad's conductors held for jury.
Hyman v. New York Cent. R. Co., 147 N. E.
613.
71 (2) (N.Y.) Probable cause held question
for jury.-Hyman v. New York Cent. R. Co.,
147 N. E. 613.
NATURE AND GROUNDS IN GENERAL.
3(1) (Mass.) Mandamus not allowed where
there is other relief.-County Com'rs of Es-
sex County v. City of Newburyport, 147 N.
E. 901.
3(4) (Mass.) Mandamus not allowed to
county to enforce collection of assessment
where action lies.-County Com'rs of Essex
County v. City of Newburyport, 147 N. E.
901.
II. SUBJECTS AND PURPOSES OF RELIEF.
(B) Acts and Proceedings of Public Om-
cers and Boards and Municipalities.
74(1) (Ind.) Decision of election commis-
sioners respecting matters requiring exercise
of discretion cannot be controlled by mandamus.
-State v. Holmes, 147 N. E. 622.
100 (Ohio) Proper remedy to compel state
director of finance to certify that funds are on
hand for payment of precedent obligations.-
State v. Baker, 147 N. E. 501.
III. JURISDICTION, PROCEEDINGS, AND
er property in payment.-Rollins v. Bazirgan,
147 N. E. 821.
Percentage of profits recoverable, though sale
not completed until after termination of em-
ployment.-Id.
70(3) (III.) Income tax and depreciation
of capital stock deducted in determining "net
profits" of employer.-Neeson v. Sangamon
County Mining Co., 147 N. E. 369.
70(3) (Mass.) Loss from employers' failure
to follow manager's advice as to hedging prop-
erly included in accounting, in view of con-
tracts.-Anagnosti v. Almy, 147 N. E. 854.
Profits held properly computed on sale and
not as of date when plaintiff demanded sale and
accounting.-Id.
Manager not chargeable with drawing ac-
count net profits where there were none.-Id.
III. MASTER'S LIABILITY FOR INJURIES
TO SERVANT.
(B) Tools, Machinery, Appliances, and
Places for Work.
124(4) (N.Y.) Stevedore not bound to in-
spect ship's appliances in absence of indication
of danger.-Barnevo v. Munson S. S. Line, 147,
N. E. 75.
(C) Methods of Work, Rules, and Orders.
149(1) (Ind.) Train dispatcher's order for
two extra trains on single track held not itself
actionable negligence.-Louisville & N. Ry. &
Lighting Co. v. Beck, 147 N. E. 776.
(F) Risks Assumed by Servant.
204 (2) (Ill.) Doctrine assumption of risk
inapplicable to action for death of minor unlaw-
fully employed.-Rost v. F. H. Noble & Co., 147
N. E. 258.
(G) Contributory Negligence of Servant.
228 (2) (11.) Doctrine of contributory neg-
ligence inapplicable to action for death of minor
unlawfully employed.-Rost v. F. H. Noble &
Co., 147 N. E. 258.
154(4), (Mass.) Petition against depart-
ment of civil service and registration held to
show petitioner's interest in litigation.-Harti-
gan v. Department of Civil Service and Regis-264 (I) (III.) Not necessary to prove minor
unlawfully employed was doing all things al-
tration of Massachusetts, 147 N. E. 841.
leged in declaration.-Rost v. F. H. Noble &
Co., 147 N. E. 258.
154(7) (Mass.) Petition by appointee, de-
signed only to vindicate authority of mayor to
obtain certification, held without standing.276 (2) (III.) Evidence held to show minor
Hartigan v. Department of Civil Service and employee's death resulted from employment.-
Registration of Massachusetts, 147 N. E. 841. Rost v. F. H. Noble & Co., 147 N. É. 258.
See Divorce; Husband and Wife.
278(2) (III.) Death of minor from employ-
ment in violation of Child Labor Act must be
proved beyond reasonable doubt.-Rost v. F.
H. Noble & Co., 147 N. E. 258.
291 (13) (II.) Instruction authorizing re-
covery for minor employee's death without re-
quiring finding of cause held erroneous.-Rost
to steve-
40 (4) (Ind.App.) Meretricious relationship v. F. H. Noble & Co., 147 N. E. 258.
presumed to continue unless contrary proved by 293(16) (N.Y.) Instruction as
evidence of actual contract of marriage.-Mayes dore's duty to inspect hatch cover held errone-
ous.-Barnevo v. Munson S. S. Line, 147 N.
V. Mayes, 147 N. E. 630.
E. 75.
I. THE RELATION.
(A) Creation and Existence.
IV. LIABILITIES FOR INJURIES TO
THIRD PERSONS.
(A) Acts or Omissions of Servant.
7 (Mass.) Oral contract held not terminat-301 (I) (III.) Owner of family automobile
ed by written one and plaintiff not entitled to liable for adult son's negligence.-Gates v. Mad-
separate accountings.-Anagnosti v. Almy, 147 er, 147 N. E. 241.
N. E. 854.
(B) Statutory Regulation.
13 (Ohio) "Workmen" operating municipal
public utility held not engaged on "public work"
within Eight-Hour Day Act.-State v. Peters,
147 N. E. 81.
330 (3) (Mass.) Proof of ownership of ve
hicle and driver's general employment insuffi-
cient proof of scope of employment.-Washburn
v. R. F. Owens Co., 147 N. E. 564.
Answer to interrogatory held insufficient to
show driver of truck acted in scope of employ-
ment.-Id.
II. SERVICES AND COMPENSATION.
332(2) (Ind.App.) Whether truck driver
(B) Wages and Other Remuneration.
was engaged in master's business held for jury.
70(2) (Mass.) Percentage of profits
"sale" recoverable, though seller accepted oth--Korff v. Hutchinson, 147 N. E. 284.
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