(PROPERTY RIGHTS.)

The explosion of the boiler of a railroad lo- | when he ran under a standing freight car to comotive which was known to be defective is get a ball on request of one of several emheld to make the railroad company liable to a ployees playing with it, when it was not necesperson near the railroad who was struck by a sary for him to go upon that track or under such fragment of the boiler; and the court denies cars. (Ga.) 459. that any time for repairs could be claimed by the company after such notice, but that it was bound to discontinue the use of the locomotive. (Ind.) 293.

Injury by cars.

The fright of a mule, caused by the noise of an electric car, is held not to make the street railway company liable for the resulting damages, where it was only the usual and necessary noise of the car. (N. C.) 481.

The killing of a bicycle rider by an electric street car is held to result from the negligence of the rider, and the motorman is held justified in assuming up to the last moment that the rider would get out of the way. (Cal.) 351.

A railroad company permitting children to bring dinners to their fathers employed in a yard is held not to be liable for injury to a seven-year-old boy while on such an errand

Injury to passenger or person on car. To go from a car in which there is plenty of standing room to the lower step of a car platform in order to vomit is held such negligence on the part of a boy about fifteen years of age as to prevent recovery for his injuries when thrown off by a jerk of the train. (Ind.) 141.

A passenger thrown from a car platform while attempting to pass from one car to another while the train is in motion is held not to have been negligent as matter of law, and no presumption of negligence arises from the circumstances. (D. C.) 720.

Failure to stop a train on a sharp up-grade to remove from it a boy who catches on in violation of statute and of the engineer's orders, is held not to show wilful or wanton neglect of duty. (Ind.) 767.

VII. PROPERTY RIGHTS.

The right to transfer one's property in payment of a debt while he is solvent is held to be protected by the Constitution, and a statute making void any conveyance which would have the effect of preferring a creditor with out limiting it to cases of insolvency is held void. (Tenn.) 445.

Covenant running with land.

A covenant that a house shall be forever re

stricted from having any building attached to the messuage of more than a certain height is held to run with the land and to apply to the premises, and not merely to the building then existing. (Pa.) 227.

A trademark in the letters "P. C. W." generally arranged as script printed in a horizontal line upon a background of any suitable color, and which is described in the register as consisting in its essential features of the let ters, is held not to be infringed by the letters "W. H. W." in script, in white, in a hori zontal line upon a red background. (Pa.) 172. Fraud on wife's rights.

The attempt of a man just before death to strip himself of all his property in order to defeat his wife's rights therein, by delivering deeds long before secretly prepared and giving a check for his money, is held to constitute fraud as against her. (Colo.) 49.

(Or.) 690.

The lien of a mutual insurance company upon insured property of members for their shares of the losses and expenses is given precedence of the members' homestead rights. (S. C.) 806.

The contract price for building a railroad which was payable in bonds and stock is held for the purpose of determining the limit for which the aggregate of subcontractors' liens can be allowed to be the market value of such securities at the time when they were actually delivered under the contract, and payments to a subcontractor are held applicable first to that part of his claim which is not secured by his lien. (C. C. App. 6th C.) 625.

The fact that a person signs a supersedeas bond as surety of a railroad company and thereby prevents a levy, when there is a mortgage on the property but no default made upon it and the company is apparently solvent, is held to give him no preference to the mortgagees on the subsequent insolvency of the company and his enforced payment of the judg ment. (C. C. App. 6th C.) 303.

A chattel mortgage obtained before an assignment for creditors is held valid if the mortgagee did not know of the mortgagor's contemplated assignment, however short a time may have elapsed before the assignment. (C. C. App. 8th C.) 620.

(CIVIL REMEDIES; RULES AND PRINCIPLES.)

Wills. The common-law rule that marriage without birth of issue is not sufficient to revoke a will

is held still in force, although the wife is by statute given the right to inherit from the husband. (Minn.) 384.

VIII. CIVIL REMEDIES; RULES AND PRINCIPLES.
Survival of action.

The survival of the right to recover for pain and expense caused by personal injuries which subsequently resulted in death is denied under the Rhode Island statutes which give a right of action for death, as the court holds that the general provision for survival of actions for personal injuries must be limited to those which do not cause death. (R. I.) 797.

Place where remedy may be enforced. A provision of the Mississippi Constitution precluding the defense of an employee's knowledge of defects in appliances by which he was injured is held self-executing, and is enforced by a Federal court in Tennessee, when the injury was received in Mississippi. (C. C. App. 6th C.) 393.

Jurisdiction to enforce in another state the

liability of stockholders in a Kansas corporation is sustained in a Federal case. (C. C. App. 7th C.) 742.

But the statutory liability of a stockholder in an insolvent Kansas bank is held by the New York court to be one which comity does not require the New York courts to enforce. (N. Y.) 757.

The same in substance is decided in Illinois, reversing a prior decision on rehearing, although in the latter state special stress is laid on the fact that the remedy provided by the Kansas statutes is a special one. (Ill.) 750.

So, the liability of a stockholder for unpaid subscriptions under the Illinois statutes is held not to be a general contract liability which can be enforced by the courts of another state, but to be limited by the remedy provided in the statute which corresponds to garnishment. (Cal.) 747.

Attachment.

A false written statement as to one's financial ability in order to obtain credit is held not to constitute any basis for an attachment in favor of a person who did not rely upon such statement or know of it until after he had given credit. (N. Y.) 248.

Second appeal.

Elaborately reviewing the question how far an appellate court may re-examine its rulings on the former appeal, the Nebraska court holds that where the first decision merely remanded the case for a new trial the court has power on a second appeal to re-examine the doctrines previously declared. (Neb.) 321.

Exemptions.

A photographic lens owned and used by a photographer in prosecuting his business is held to be within a statutory exemption of implements of trade. (Conn.) 718.

Individual partners are not allowed to claim their statutory exemption out of the partnership property in case of insolvency, unless expressly authorized to do so by statute. (N. M.) 604. Insolvency.

Partnership creditors are held entitled to vote on the question of the discharge of a single insolvent member of a firm which is solvent. (Mass.) 378.

Damages.

The loss to a child on account of its mother's

death is beld not to be any part of the damages recoverable in a suit by her husband as administrator under the Tennessee statute which prevents the extinguishment of the cause of action by death, but by failing to provide any beneficiary for the death of a married woman leaves the recovery to inure to the benefit of her surviving husband. (Tenn.) 442.

An instruction that plaintiff is "entitled" to exemplary damages in case of a malicious injury is held error, since at most such damages are allowed in the discretion of the jury. (Wis.) 205.

Evidence.

The measurement in the presence of the jury of a woman's foot and her leg 6 inches above the ankle in an action for injuries thereto, when the physicians on the respective sides. give contradictory testimony as to such measurements, should not be rejected by the court, -at least if she does not object. (Iowa) 207.

The destruction by a servant of his employer's books after the latter's death is held insufficient to raise a presumption that they contain charges against the servant,-especially when they had already been examined and the servant claimed to have been executing his employer's orders. (Wyo.) 581.

(CRIMINAL LAW AND PRACTICE.)

IX. CRIMINAL LAW AND PRACTICE.

INDEX TO NOTES.

(The General Index follows this.)

33

737

694

655

743