Sidebilder
PDF
ePub

(PERSONAL CAPACITY. TORTS; NEGLIGENCE; INJURIES.) work on the next morning, and that this had to make a contract by his wife for his support continued for about two years, if it bad not in a hospital valid when it is not executed in caused any loss of his position nor produced the statutory mode. (Ala.) 223. want or suffering in his family. (Conn.) 449. A renewal by a married woman of an accom

A divorce obtained in a suit brought by the modation indorsement made before marriage is guardian of an insane man is held absolutely held valid under a statute which excepts an void, although the wife is held estopped by accommodation indorsement from the contracts her acquiescence therein and subsequent con- which she is allowed to make. (Pa.) 597. tract of marriage, from claiming the rights of The sale of laudanum to a married woman a widow in the husband's estate. (Iowa) 161. after repeated protests of her husband and

The right of a husband to claim alimony knowing that it is destroying her mind and from his wife's separate estate on divorce is body is held to give a cause of action, although denied in the absence of a statutory provision there is no direct precedent for it, to the hustherefor, and a provision allowing the wife to band. (N. C.) 803. sue in her own pame “as well as the husband" A husband's right of action for loss of his in a bill for divorce, alimony, and mainte- wife's society is held to be defeated where the nance, is considered to be merely in respect to injury results in her death and recovery thereher right of action and not an enlargement of for has been had for the benefit of ber estate. his right. (Neb.) 110.

(Ky.) 788. The insanity of a husband is held insufficient

V. PERSONAL CAPACITY. The right of an incompetent person who a note became mentally incompetent to do executed a deed of trust for the preservation business before signing å renewal pote, which of his property to revoke it is denied except on was taken in good faith and the old note therecondition that the court approves the revoca- upon discharged, is held insufficient to release tion. (Pa.) 707.

bis estate from liability thereon. (Tepp.) 274. The fact that an accommodation indorser of See also infra, VII., Gift.

VI. TORTs; NEGLIGENCE; INJURIES.

Fraud.

places where persons may lawfully go for Fraud in inducing a man to marry a woman work, business, or pleasure, although very who is pregnant by another, by falsely repre great care may be sufficient at other places. senting that she is virtuous, is held to give the (Ky.)812. husband a right of action for damages potwith

Unsafe premises. standing the fact that no precedent for the ac- Although the owner of a building is not ap tion could be found. (N. Y.) 156.

insurer against accident from its condition, he Fright.

is bound to keep it in such condition that it Recovery for miscarriage resulting from will not injure any person rightfully in, fright caused by negligence is held not to be around, or passing it, so far as he can do so by allowable as the miscarriage is not the proxi. the exercise of ordinary care. (Minn.) 557. mate result of the negligence. (N. Y.) 781.

The liability of a landlord to his tenant for

the unsafe condition of the premises, which Food. For furnishing unwholesome food at a res: the former, but not to the latter, is sustained,

was known to or ought to have been known to taurant, by which a person is injured, it is although the tenant examined the premises and held that the proprietor is liable only if it was did not discover the defects. (Tenn.) 822. done through carelessness or negligence, and the mere fact that a person is injured in that titled to recover damages from the landlord

Likewise a boarder with a tenant is held enway does not make a prima facie case. (II.) under the same conditions. (Tenn.) 615. 464.

But the lessor of a building is beld, in Flooding land.

Louisiana, to be exempt from any liability to The grant of a right to flood a part of a farm by the erection of a dam is held to pre- the fall of a gallery. (La.) 609.

a guest of the lessee for injuries sustained by clude the maintenance of an action for injuries caused by the dam to the remaining portion of

Explosions. . the land. (S. C.) 222.

For the explosion of a sewer caused by the A recovery of damages for flooding lands by formation of gases from oil that had been a dam is held to be obtainable under the emi- turned into the sewer during a conflagration, nent domain law and not by suit for nuisance, and which could not escape because the outlet where the dam is built under a statute giving was obstructed, and was there left for four power to raise water of a river for the benefit days, a city was held liable. (Mo.) 118. of a public canal, and providing that the board Failure to give warning of an intended blast sball have a right to acquire a right of way in in an excavation where such work has been the manner provided by law. (S. C.) 215. going on for several weeks is held not to create Electric wires.

a liability for injury to a blacksmith several The utmost care, and not merely very great hundred feet distant by the starting of a horse care, to have perfect insulation of electric wbich he was shoeing when the blast went off. wires which are dangerous is held necessary at |(Mich.) 182.

(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 bim 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

Injury to passenger or person on car. the company after such notice, but that it was

To go from a car in which there is plenty of bound to discontinue the use of the locomotive. standing room to the lower step of a car plat(Ind.) 293.

form in order to vomit is held such negligence Injury by cars.

on the part of a boy about fifteen years of age The fright of a mule, caused by the noise of as to prevent recovery for his injuries when an electric car, is held not to make the street thrown off by a jerk of the train.

(Ind.) 141. railway company liable for the resulting dam

A passenger thrown from a car platform ages, where it was only the usual and neces- while attempting to pass from one car to ansary noise of the car. (N. C.) 481.

other while the train is in motion is held not The killing of a bicycle rider by an electric to have been negligent as matter of law, and street car is held to result from the negligence no presumption of negligence arises from the of the rider, and the motorman is held justified circumstances. (D. C.) 720. in assuming up to the last moment that the Failure to stop a train on a sharp up-grade rider would get out of the way: (Cal.) 351. to remove from it a boy who catches on in

A railroad company permitting children to violation of statute and of the engineer's orbring dinners to their fathers employed in a ders, is held not to show wilful or wanton neg. yard is held not to be liable for injury to a lect of duty. (Ind.) 767. seven-year-old boy while on such an errand

VII. PROPERTY RIGHTS.

Oil and gas.

The right to transfer one's property in pay.

Gift. ment of a debt while he is solvent is held to be A peculiar illustration of the protection of a protected by the Constitution, and a statute donee is afforded where one placed in possesmaking void any conveyance which would sion of land in anticipation of a devise is held have the effect of preferring a creditor with entitled to retain it as against a guardian of the out limiting it to cases of insolvency is held owner after the latter became a lunatic. void. (Tenn.) 445.

(N. J.) 297. Covenant running with land.

Liens; mortgages. A covenant that a house shall be forever re

An implied equitable lien in favor of the stricted from baving any building attached to graptor of real estate for the unpaid purchase the messuage of more than a certain height is money after delivering an absolute deed and held to run with the land and to apply to the placing the grantee in possession is denied, premises, and not merely to the building then

after a considerable review of the authorities.

(Or.) 690. existing. (Pa.) 227.

The lien of a mutual insurance company Crops; fences.

upon insured property of members for their An elaborate discussion of the nature of shares of the losses and expenses is given precegrowing crops is made in a case which holds dence of the members' homestead rights. that they as well as fences are realty for the (S. C.) 806. purpose of jurisdiction of an action for dam- The contract price for building a railroad ages to them. (Ga.) 206.

which was payable in bonds and stock is held

for the purpose of determining the limit for A provision in an oil and gas lease that in which the aggregate of subcontractors' liens case of default it shall be “null and void” and can be allowed to be the market value of such not binding on either party is beld to create a securities at the time when they were actually forfeiture for the benefit of the lessor only and delivered under the contract, and payments to at his option. (Ohio) 62.

a subcontractor are held applicable first to

that part of his claim which is not secured by Trademark.

his lien. (C. C. App. 6th C.) 625. A trademark in the letters "P. C. W."gen- The fact that a person signs a supersedeas erally arranged as script printed in a bori- bond as surety of a railroad company and zontal line upon a background of any suitable thereby prevents a levy, when there is a mortcolor, and which is described in the register as gage on the property but po default made upon consisting in its essential features of the let. it and the company is apparently solvent, is ters, is held not to be infringed by the letters beld to give him no preference to the mort“W. H. W.” in script, in white, in a hori. gagees on the subsequent insolvency of the comzontal line upon a red background. (Pa.) 172. pany and his enforced payment of the judgFraud on wife's rights.

ment. (C. C. App. 6th C.) 308. The attempt of a man just before death to A chattel mortgage obtained before an asstrip himself of all his property in order to designment for creditors is held valid if the mortfeat his wife's rights therein, by deliverivg gagee did not know of the mortgagor's condeeds long before secretly prepared and giving templated assignment, however short a time a check for bis money, is held to constitute may have elapsed before the assignment. (C. fraud as against her. (Colo.) 49.

C. App. 8th Č.) 620.

(CIVIL REMEDIES; RULES AND PRINCIPLES.) Wills.

is held still in force, although the wife is by The common-law rule that marriage without statute given the right to inherit from the husbirth of issue is not sufficient to revoke a will i band. (Minn.) 384.

VIII. CIVIL REMEDIES; RULES AND PRINCIPLES.

Survival of action.

Attachment. The survival of the right to recover for pain A false written statement as to one's finanand expense caused by personal injuries which cial ability in order to obtain credit is held not subsequently resulted in death is denied under to constitute any basis for an attachment in the Rhode Island statutes which give a right favor of a person who did not rely upon such of action for death, as the court bolds that the statement or know of it until after he had general provision for survival of actions for given credit. (N. Y.) 248. personal injuries must be limited to those

Second appeal. which do not cause death. (R. I.) 797.

Elaboretely reviewing the question how far Place where remedy may be enforced.

an appellate court may re-examine its rulings A provision of the Mississippi Constitution on the former appeal, the Nebraska court holds precluding the defense of an employee's knowl. that where the first decision merely remanded edge of defects in appliances by which he was the case for a new trial the court has power on injured is beld self-executing, and is enforced a second appeal to re-examine the doctrines by a Federal court in Tennessee, when the in- previously declared. (Neb.) 321. jury was received in Mississippi. (C. C. App. 6th C.) 393.

Exemptions. Jurisdiction to enforce in another state the A photographic lens owned and used by a liability of stockholders in a Kansas corpora- photographer, in prosecuting his business is tion is sustained in a Federal case. (c. c. held to be within a statutory exemption of App. 7th C.) 742.

implements of trade. (Conn.) 718. But the statutory liability of a stockholder

Individual partners are not allowed to claim in an insolvent Kansas bank is held by the their statutory exemption out of the partnership New York court to be one which comity does property in case of insolvency, unless expressly not require the New York courts to enforce. authorized to do so by statute. (N. M.) 604. (N. Y.) 757.

Insolvency. The same in substance is decided in Illinois, Partnership creditors are held entitled to reversing a prior decision on rehearing, al. vote on the question of the discharge of a though in the latter state special stress is laid single insolvent member of a firm which is on the fact that the remedy provided by the solvent. (Mass.) 378. Kansas statutes is a special one. (Ill.) 750.

Damages. So, the liability of a stockholder for unpaid The loss to a child on account of its mother's subscriptions under the Illinois statutes is beld death is beld not to be any part of the damages not to be a general contract liability which can recoverable in a suit by her husband as admin. be enforced by the courts of another state, but istrator under the Tenöessee statute which preto be limited by the remedy provided in the vents the extinguishment of the cause of action statute which corresponds to garnishment. by death, but by failing to provide any bene(Cal.) 747.

ficiary for the death of a married woman leaves Limitations,

the recovery to inure to the benefit of her sur. A statute excluding nonresidents who bave viving husband. (Tenn.) 442. become such after a cause of action has arisen

An instruction that plaintiff is entitled" to in the state from the benefit of a statute of exemplary damages in case of a malicious limitations is upheld as constitutional. (Pa.) injury is held error, since at most such damages 440.

are allowed in the discretion of the jury. Injunction.

(Wis.) 205. An injunction to restrain the prosecution of

Evidence. actions for instalments on a contract which has

The measurement in the presence of the been commenced by an assignee in another jury of a woman's foot and her leg 6 inches state is upheld, when it was done to avoid a above the ankle in an action for injuries thereto, statute of the state in which the contract was when the physicians on the respective sides. to be performed and in which all the parties give contradictory testimony as to such measresided. (ind.) 363.

urements, should not be rejected by the court, Replevin.

-at least if she does not object. (Iowa) 207. A licensee having the right to cut and re- The destruction by a servant of his emmove timber for which he has paid is beld en-ployer's books after the latter's death is held titled to maintain replevin against a trespasser insufficient to raise a presumption that they who has cut the timber, but is required to re- contain charges against the servant,—especially imburse the latter for the enbancernent in when they had already been examined and value of the property by manufacturing it into the servant claimed to have been executing his lumber in order to recover the lumber or its employer's orders. (Wyo.) 581. value. (Wis.) 821. 34 L. R. A.

(CRIMINAL LAW AND PRACTICE.)

IX. CRIMINAL LAW AND PRACTICE.

An invalid contract to dissolve a marriage is I to go to the depositor, and payment to him is held not to be admissible in favor of the hus- made a defense. (Ala.) 634. band to show his good faith in contracting a Sending letters or circulars to a debtor later marriage on account of which he is threatening to advertise a claim against him for charged with bigamy, where the statute does sale, which in violation of a statute against not require any other criminal intent than is threatening to injure credit or reputation, is involved in his entering into the probibited held not to be within the constitutional rights marriage. (Nev.) 784.

of property or of free speech. (Mo.) 127. The time when the fatal blow is struck is A city ordinance prohibiting barbers from beld to be the time of a murder so as to be working on Sunday is held unconstitutional as governed by the laws then in force, although class legislation. (Wash.) 68. they are changed before death occurs. (Neb.) The constitutional power to pardon being 851.

conferred upon the governor and several assoThe strict rule as to iudictments is illustrated ciates, it is held that the legislature cannot by a decision that an indictment alleging an restore a convict to competency as a witness. offer of a “bribe and money” by an agent (Fla.) 251. whom the accused had procured “to offer a A statute denying the usual good-time allowbribe and money of value” does not sufficiently ance to a convict serving for his second offense allege that the money offered was of any value; is held not to be ex post facto as applied to the also that an allegation of an attempt to bribe punishment of an offense subsequently coma juryman with intent to influence his action mitted merely because the first offense was and vote as a juryman is not sufficient to before the statute. (Mich.) 98. show the knowledge of the accused that he was The validity of cumulative and successive a juryman and an intent to influence his action sentences is sustained as an exercise of common. as juror. (Minn.) 178.

law powers, and do act of Congress is held The constitutional provision against impris- necessary to authorize such sentences by a onment for debt is held not to be violated by Federal court. (C. C. App: 6th C.) 509. a statute making it a misdemeanor to obtain The employment of a convict upon the public accommodations at an inn, hotel, or boarding roads by order of county commissioners and house by fraud, or fraud ntly to remove under control of a captain of the chain gang baggage or other property therefrom. (Tenn.) who is a public agent is held lawful against the 656.

contention that such order is in the nature of A constitutional provision against imprison an additional sentence, and it is beld not to ment for debt is held to be violated by a constitute a biring out for which an order of statute making it a misdemeanor to receive a the court contained in the sentence is necessary. deposit in an insolvent bank where the punish- (N. C.) 392. ment is by fine of double the deposit, one half 34 L. R. A.

« ForrigeFortsett »