wear and proper use thereof," does not obligate | LAW OF THE CASE. See APPEAL the lessee to protect the bank against an extra- AND ERROR, NOTES AND BRIEFS. ordinary peril from a sudden change in the current of the river, which washes away a bank that LEGISLATURE. See COURTS, 3; PARhad stood in the same condition for centuries. DON, NOTES AND BRIEFS. Wait v. O`Neil (C. C. App. 6tb C.) 550

4. One having the lease of the roof and LETTER. See EvIDENCE, 16. outside of a party wall of a building projecting above the adjoining building, for the purpose LEVEES. See also CONSTITUTIONAL LAW, of advertising thereon by means of a stereop- 10, 18; - MUNICIPAL CORPORATIONS, 8; ticon, is not evicted by the destruction of the PUBLIC IMPROVEMENTS, 4; Taxes, 3. value of the wall for advertising purposes caused by the tenant of the adjoining building

1. A levee district created by special law without any denial of the validity of the lease, is pot within a constitutional probibition by renting the roof of his building, with a against creating corporations by special law. screen erected thereon, to another advertising Reelfoot Lake Levee Dist. v. Dauson (Tenn.) 575

725 company. Oakford v. Nixon (Pa.) 5. A lease of the roof and outside of a for a levee to protect the property is for a pub

2. Taxation of property in a levee district party wall of a building projecting above lic purpose because beneficial to a large comthe adjoining building, for the purpose of

Id. advertising thereon by means of a stereopticon, munity of people and also to the state. does not become invalid for failure of consid. 3. Delegation to a city of the "care, sueration because the tenant in possession of the pervision, and control" of all public highways, adjoining building, without questioning the streets, levees, etc., within the city limits does validity of the lease, leases the roof of bis build- not authorize the council to grant to a railway ing, with a screen erected thereon, to another company the right to construct and maintain advertising company, by means of which the a freight house on a public levee for its own value of the wall for advertising purposes is exclusive use. St. Paul v. Chicago, M. & St. destroyed, where the lease contained po pro

P. R. Co. (Mipp.) vision on that point.

Id. 4. The erection of a warehouse on land 6. A landlord is liable to a boarder on dedicated to public use as a levee is not necpremises leased for a boarding house for in- essarily a misuse of the property, as such a juries sustained by reason of the unsafe and structure may be in aid of the use for which dangerous condition of the premises, which the dedication was made.

Id. was known to, or might by the exercise of reas- 5. The right to occupy a portion of a pubonable care and diligence have been known to, lic levee as a site for a permanent freight bouse the landlord, but not to the boarder. Stenberg of a railroad company cannot be granted by v. Wilcox (Tenn.)

615 the common council of a city under legislative 7. A landlord is liable to his tenant for authority to grant a right of way ibrough damages that may result from the upsafe and highways, public grounds, or "levees as dangerous condition of the premises leased that applies only to the right of trackage; when that was known to, or with reasonable nor by a provision that the city may agree care and dilligence might have been known to, with the railroad company on terms and conthe landlord, but not to the tenant, although the ditions upon which a railroad may occupy, so latter examined the premises and did not dis- far as necessary, any road, street, alley, or pubcover the defect. Hines v. Willcox (Tenn.) 824

Id. 6. The legislature may authorize the grant NOTES AND BRIEFS.

to a railroad company having traffic with craft See also Mines.

Davigating the water contiguous to land dediLiability of landlord for injury to tenant cated to the public use as a levee, of the exclufrom defect in premises:-Landlord not bound sive use of so much of the levee as is reasonto have premises safe; implied covenants; ac- ably necessary for its business with such craft, tion for nonrepair; construction of covenant so long as it does not unreasonably interfere to repair; warranty or representations by land with the use of the levee by the public; but it lord; fraud or deceit; concealment of defects; cannot give any part of such levee as a permastatutory liability; landlord actively negligent; nent site for the general freight warehouse of contributory negligence; proximate cause; a railroad company, without reference to its measure of damages; distinguishable cases. 824 traffic with such craft.

Liability of landlord for injuries to tenant's guest and servant from defects in prem- LEVY AND SEIZURE. ises :-Duty the same' toward tenant and

1. Individual partners cannot claim their tenant's guest or servant; landlord not gener: statutory exemption out of the partnership ally liable; defect in premises when let; effect property in case of insolvency, in the absence of concealment by landlord; effect of duty 10 of a statute expressly authorizing them to do repair; structure for use of public; liability Re Spitz Brothers' Assignment (N. M.) 604 of reversioner; contributory negligence; portion of building in landlord's possession ;

2. A photographic lens owned and used dangerous agency on adjoining premises. 609 by a photographer in the prosecution of his

business is within a provision of a statute exLAUDANUM. See HUSBAND AND WIFE, 9. empting from attachment implements of the

debtor's trade. Davidson v. Hannon (Cons.) LAW. See EvJDENCE, 23, 24; STATUTES, 4.


lic way.


[ocr errors]




contract for purchase of material will not sustain a subcontractors' lien.

Id. Levy; exemptions out of partnership assets.


7. Failure to file a statement of lien in

"each county in which the labor was perExemption of implements of trade.


formed," as required by statute, will not pre

vent enforcing a lien for the proportionate part LIBEL AND SLANDER.

of the labor which was done in one county in NOTES AND BRIEFS.

which it was filed. Libel; by threatening letters.



Liens; what are. LICENSE. See also CONSTITUTIONAL LAW,

626 14, 17; COURTS, 4; GARBAGE, 2.

Of subcontractors. 1. A license tax cannot be deemed unequal LIEUTENANT GOVERNOR. See OFbecause it reaches ope occupation only, if it FICERE, 1. reaches all wbo follow that occupation. State v. Harrington (Vt.)

100 LIMITATION OF ACTIONS. See also 2. A requirement in a city ordinance that CONSTITUTIONAL LAW, 9; EVIDENCE, 24; an applicant for a license to sell milk within TIME. the city shall consent that the animals from which he obtains the milk shall be subjected of a part of the monthly 'wages earned by a

1. Regular payments for a period of time to the "cuberculin test” is not unreasonable. servant, who has been working for his emState v. Nelson (Mipn.)


ployer for several years without a settlement, 3. A city ordinance requiring an applicant will make the account mutual for the purpose for a license to sell milk witbin the city to cop of determining whether any part is barred by sent that the dairy herd from which be obtains tbe statute of limitations. Hay v. Peterson bis milk be inspected by the commissioner of (Wyo.)

581 health of the city, although such berd is kept outside the city limits, is authorized by. Minn. "wbo shall have become nonresidents of the

2. A statute providing that defendants Gen. Laws 1895, chap. 203, autborizing the state" after a cause of action has arisen in the city council of any city to provide by ordi- state shall not have the benefit of a statute of nance for the inspection of milk and dairy limitatious is retrospective, at least as applied berds kept for the production of milk within to the cause of action and residence of the the city limits, and to issue licenses for the defendant, and covers a case of one who bad sale of milk within such limits.


previously obtained the opening of a judgment

to enable him to interpose the statute of limiLIENS. See also CONTRACTS, 4; INTEREST, tations. Bates v. Cullum (Pa.)


NOTES AND BRIEFS. 1. Legal or other services rendered in acquiring rights of way for a railroad do not Limitation of actions; retroactive effect of constitute “services” within the meaning of a statute; effect of absence from state. 440 lien law. Richmond & 1. Constr. Co. v. Rich. mond, N. I. & B. R. Co. (C.-C. App. 6th C.) LOCAL GOVERNMENT. See OFFI


CERS, 2. 2. Materials not actually used or delivered to a contractor are not "furnisbed” for the LOCAL OPTION. See MUNICIPAL CORpurpose of creating a subcontractor's lien, al- PORATIONS, NOTES AND BRIEFS; STATihough they were worthless for any other pur

UTES, 15, 16. pose, and were prepared for the contractor under a contract which he broke by refusing to LOCOMOTIVE. See EXPLOSIONS. accept them.

Id. 3. A lien for furnishing new material and MAIL. See SERVICE. replacing it in a bridge cannot be claimed by a subcontractor whose employees by negligence MAJORITY. See MUNICIPAL CORPORAhad made the new material and work neces. TIONS, 1; PARLIAMENTARY LAW, 2; sary.


VOTERS AND ELECTIONS, 5, 6. 4. Procuring rights of way for a railroad is not the furnishing of materials within the MANDAMUS. meaning of a lien law.


1. Mandamus will not lie to compel the 5. The agreed contract price of railroad secretary of the electoral board to permit construction payable in bonds should be di. memoranda to be taken from records in his minished, for the purpose of limiting the possession which may be properly copied, unamount of subcontractors' liens, by the amount til it is shown that such right has been denied. of unpaid interest which the contractor had Gleaves v. Terry (Va.)

144 agreed to pay on the railroad bonds in order to maintain the credit of the railroad company regents to comply with the provisions of a

2. Mandamus to compel the state board of until after completion of the road. Id. statute as to the location of a department of

6. Money expended by a subcontractor in the state university does not lie at the suit of a paying salaries of its corporate officers and private citizen who bas pot obtained permisoffice expenses and to secure a guaranty on its Ision from the court to apply for the writ.


Sterling y. Regents of the University of Michi- 3. A lease of land, oil, and gas for a limgan (Mich.).

150 ited time and purpose, and not merely a license, 3. Mapdamus to compel the levy of a tax to is made by an instrument which grants, de pay a consent judgment entered into by town mises, and lets all the petroleum and gas in authorities will not be granted if it appears or under thatcertain tract of land, . . . and also that there was no authority to issue the bonds all the said tract of land, for the purpose and for which the judgment was rendered. Union with the exclusive right to drill and operate Bank v. Oxford (N. C.) 487 upon said premises for said petroleum and



Mines; effect of assignment of oil or gas A "carpenter gang" whose duty it is to lease:-(1.) Liability of assignor; (II.) liability replace the planks about a machine called the of assignee. "bloom rolls," after their removal for the purpose of attaching new rolls, are not fellow serv- MISCARRIAGE. See DAMAGES, 6; ants of one employed to oil the machine, and PROXIMATE CAUSE. their negligence in replacing the planks is chargeable to the master. Eingartner v. Illi- MONEY. See also Bonds, 5; EVIDENCE, 6; nois Steel Co. (Wis.)


NOTES AND BRIEFS. Master and servant; duty as to dangerous Money; Making bonds payable in gold. 541 machinery.



INSOLVENCY, 1; RECEIVERS. 1. Actio personalis moritur cum persona. Louisville & N. R. Co. v. McElwain (Ky.) 788 which must be made by the holders of

1. A request to foreclose a mortgage, 2. Damnum absque injuria. Dantzer v. $2,000,000 in amount of bonds, is not valid Indianapolis U. R. Co. (Ind.)

769 when made only by the holder of $1,700,000, 3. Exceptio probat regulam de rebus non who is not in fact the owner of them, but holds exceptis. P. C. Wiest Co. v. Weeks (Pa.) 172 | them subject to the order of another, and who

4. Generalia specialibus non derogant. claims to represent the owners of other bonds Burnett v. Maloney (Tenn.)


for which the party he represents had a mere

contract to purchase. Farmers' Loan & T. Co. 5. Hæres legitimus est quem nuptiæ de: v. New York & N. R. (O. (N. Y.)

76 monstrant. Jackson V. Jackson (Md.) 773

2. A stipulation in a mortgage that the 6. He who prevents a thing from being mortgagor shall pay within the time prescribed done shall not avail bimself of the nopperform- by law all taxes upon the premises does not ance he has occasioned. Farmers' Loan & T. make the mortgagor liable for all taxes in case Co. v. New York & N. R. Co. (N. Y.) 76 of the subsequent passage of a law requiring

7. Mobilia personam sequuntur. Re Whil- the mortgagee to pay those properly leviable ing'8 Estate (N. Y.)

232 against his interest. Fuller v. Kane (Mich.) 8. Sic utere tuo ut alienum non lædas.

308 State v. Harrington (Vt.)



Mortgage; priority as to judgment for damMEMORANDA. See EVIDENCE, 18, 19. ages against railroad company.



Of chattels; by insolvent debtor. TELEGRAPHS, 3.


also Bonds, 6, 7; CONTRACTS, 10–12;



1; HIGHWAYS, 2; LEVEES, 5; LICENSE; 1. A recovery of the agreed rental, and OFFICERS, 2-4; PARLIAMENTARY LAW; not merely of unliquidated dar res, can be

Public GROUNDS, 2; STATUTES, 7; Votbad by the lessor on failure to drill an oil or ERS AND ELECTIONS, 1, 2, 5, 6; WATERS, gas well as agreed by a lessee who promises

2. that on such default be will pay a specified rental. Woodland Oil Co. v. Crawford (Ohio)

1. An ordinance which does not receive

62 the votes of a majority of the members elect 2. The forfeiture of an oil and gas lease is of a city council is defeated under Kan. Gen. for the benefit of the lessor and at his option, Stat. 1839, 765. Illinois Trust & Sao. Bank

518 although the lease provides that failure on the v. Arkansas City (C. C. App. 8th C.) part of the lessee to complete a well or wells as

2. A contract may be made upon motion specified or to pay the rental as provided "shall or by resolution by a city council, under stat. render this lease and agreement null and void, utes authorizing it to contract, but not requirtogether with all rights and claims, and ing an ordinance therefor.

Id. not binding on either party, and not to be re- 3. The presentation to a city council in vived without the consent of both parties open session, by a private party named as hereto in writing.”

Id. Igrantee in a defeated ordinance, of a written acceptance of the terms of the ordinance and Distinction between resolution and ordia bond to construct waterworks accordingly, Dance; contract for period of years. 522 the construction of the work and location

Rules of parliamentary law in passing ordiof the hydrants by such grantee under direc


469 tion of the city council, the actual acceptance and use of the works by the city when com

Validity of ordinance regulating business.

319 pleted, and the passage by the council of a formal resolution accepting such works,-con- Delegation of power to; local option under stitute a binding contract for the construction constitutional provision against special laws. and operation of the works according to the

777 terms of such ordinance between the city and Extent of police power; delegation of power; the grantee therein.

Id. regulation of business by; creation of monop4. The remainder of a divisible contract of oly.

279 a municipal corporation may be enforced, al- Grant of exclusive franchise by. 567 tbough part of such contract is ultra vires, but neither malum in se por malum prohibitum, unless it appears from a consideration of the NE EXEAT. entire agreement that it would not bave been

NOTES AND BRIEFS. made independently of the part which is void.

As imprisonment for debt.

671 5. A city of the second class in Kansas Municipal taxation of rural lands withbas power to contract with a private party for in the limits of the corporation :-(I.) Vathe construction and operation of waterworks lidity of exemption or discrimination in rates; and for the payment of rent for the use of hy |(II.) construction of statutory exemption or drapis, and to grant to such a party the use, discrimination; (III.) right to repeal exemp. not exclusive, of its streets for the purpose of tions; (IV.) validity of taxation of farm lands; aying pipes to conduct the water, Id. (V.) power of courts; (VI.) what property is

6. A city of the second class under the taxable; (VII.) power of municipality to expower given by Kan. Gen. Stat. 1889, 17185, empt; (VIII.) original incorporation; (IX.) asto contract for and procure the construc sessments; (X.) method of raising question. tion of waterworks, may contract for such

193 construction and lease of hydrants for a term exceeding the single year during which the members of its council hold office. Id. NEGLIGENCE. See also CARRIERS, 3–6;

DAMAGES, 6; ELECTRICAL USES AND AP7. A municipal corporation which has

PLIANCES, 1-4; EVIDENCE, 10-14, 28; Excontracted with a private corporation for a

PLOSIONS; HIGHWAYS, 1, 2; LANDLORD water supply as authorized by Pa. act May 23,

AND TENANT, 6, 7; MASTER AND SERV1874, capnoi subsequently proceed to erect a ANT; STREET RAILWAYS, 2–4; TELEplant of its own, as it is auiborized to do by

GRAPHS, 1; TRIAL, 7-11, 15. another section of the act, but in case it wisbes to own a waterworks plant it must proceed, un

1. The owner of a building is bound, so der $50 of the act, to acquire the one belong. far as the exercise of ordinary care will enable ing to the other contracting party. White v. him to do so, to keep it in such condition that Meadrille (Pa.)

567 it will not, by any insecurity or insufficiency

for the purpose to which it is put, injure any 8. A municipal corporation has no pro person rightfully in, around, or passing it, but prietary rigbts in streets, levees, or other pub he is not an insurer against accident from its lic grounds within its territorial limits, but condition. Ryder v. Kinsey (Minn.) 557 whatever rights it bas in them are held merely in trust for the public. St. Paul v. Chicago; for damages occasioned by its ruin, declared

2. The liability of the owner of a building M. & St. P. R. Co. (Mion.)


by La. Rev. Civ. Code, S 2322, when caused 9. Land within the limits of a town, al by vice in its original construction or neglect though it has never been divided into build to repair it, is limited by the terms of art. 670, ing lots, is subject to municipal taxation if it which must be construed with the former secis dear railroad depots and shops, bas convention, and which names “the neighbors or pasient access to the bighways, and lies only a sengers" as those to whom the owner must re. short distance from the business portion of the spond for injuries by the fall of the building town, so that it enjoys the police, protection or any portion of its materials, and injuries to and other benefits of the town. Briggs v. Rus occupants of the building or guests therein are sellville (Ky.) 193 excluded. McConnell v. Lemley (La.)

609 10. The presentment of a claim against a 3. A member of a surprise party visiting city for injury or damage to person or prop- the tenant of a building for the purpose of erty, wbich by Neb. Comp. Stat. art. 2, chap. spending an evening in social amusement can14, $ 34, must be in writing and verified, is a pot, if injured by means of a falling gallery, condition precedent to the maintenance of an recover damages of the lessor, under La. Rev. action for such injury. Hastings V. Fox: Civ. Code, arts. 670, 2322, but the remedy, if worthy (Neb.)


any could be allowed, would be against the tenant.


4. A railway company permitting children Municipal corporations; distinguished from 10 come into its yard at noon to bring dinners towns and counties.

674 i to their fathers employed there, and to cross a track for tbat purpose, does not become liable if the election or appointment of such officers for injury to a seven-year-old boy who, while is not provided for by that Constitution, does returning from such errand, ran under one of not authorize the enactment of N. Y. Laws some standing freight cars to get a ball on re- 1896, cbap. 427. providing that the police board quest of one of several employees who were of the city of Albany shall consist of four throwing and catching it and was hurt by the commissioners of whom two shall belong to sudden moving of the cars, which were struck the political party having the bigbest repreby an engine at some distance from the place sentation in the common council, and the where he was, wbile it does not appear that other two to the party baving the next bigbest the employees in charge of the engine knew or representation therein, and that each member had reason to know of bis position, if there of the council shall be entitled to vote for only was a perfectly safe way for the children to two of such officers, since the minority which pass and repass without going upon the tracks is thus given power to appoint two of ibe comwhere the cars were standing, and no occasion missioners is not a city authority within the for their going under the cars at all. Savan- meaning of the Constitution.

Id. nah, F. & W. R. Co, v. Waller (Ga.) 459

4. A statute making any person ineligible NOTES AND BRIEFS.

to appointment as police commissioner who

did not belong to the party baving the higbest See also BUILDINGS; LANDLORD AND TENANT. or next highest representation in the common Negligence; in blasting.


council, which must appoint two from each of

those parties, is in violation of N. Y. Coust. In respect to locomotive or machinery. 294 art. 1. $ 1, declaring tbat po member of the As to trespasser or licensee in railroad yard. state shall be disfranchised or deprived of any

460 of the rights or privileges secured to any NOTICE. See also SERVICE.

citizen thereof, unless by the law of the land The knowledge of one member of the probibiting any oath, declaration, or test as a

or the judgment of bis peers, and art. 13. $ 1, discount committee of a bank, who was not present when the renewal of a note was taken qualification for office. [Per O'Brien, J.) Id. and had no part in the transaction, is not

5. A supervisor is liable on grounds of enough to charge the bank with notice of the public policy for public money lost by the fact, known to him, that the ipdorser of the failure of a firm of private bankers with wbom note had become incompetent to do business. be bad deposited, although he acted in good Memphis Nat. Bank v. Neely (Tenn.) 274

faith and without negligence. Tillinghast v. Merrill (N. Y.)


NOTES AND BRIEFS. Notice; by newspaper publication. 436

See also PUBLIC MONEYS. OFFICERS. See also CIVIL SERVICE; Officers; vacancies; election to fill. 46 STATUTES, 7.

Provisions for appointment of; filling vacan1. One appointed by the governor to the cies; constitutional restrictions of; member. office of lieutenant governor after the death of ship in political party as a qualification. 409 the original incumbent will hold for tbe remainder of the unexpired term, under Cal. OIL. See also EVIDENCE, 4. Mines, 1, 2, Const. art. 5, S 15, providing that a lieutenant NOTES AND BRIEFS; TRIAL, 7. governor shall be elected at the same time, place, and manner, and for the same term as

An oil company from whose premises the governor, and $ 8 providing that when any tion not shown 10 be due to its negligence is

crude petroleum escapes during a conflagraoffice shall become vacapt the governor may fill such vacancy by granting a commission to not liable for injuries caused by an explosion expire at the next election by the people." of a public sewer into which the oil was People, Lynch, v. Budd (Cal.)

46 turned by the municipal authorities after it 2. The right of local self-government is bad left the premises of the oil company and violated by N. Y. Laws 1896, chap. 427, wbich without its knowledge, for the purpose of prevents majority rule in the selection of local checking the spread of the conflagration.

Fuchs v. St. Louis (Mo.)

118 officers by providing that each member of the common council shall vote for but two of the four police commissioners to be chosen, and OPIUM. See HUSBAND AND WIFE, 9. that no person shall be eligible to the office who does not belong to the political party hav- PARDON. ing the bighest or next bigbest representation in 1. A restoration of competency to testify the council, and that in case the board cannot as a witness wbich was lost by conviction of a agree in continuing in office the present force crime cannot be made by legislative act where before a certain date the police force shall cease the Constitution confers the pardoning power to exist, except a certain person who was senior upon a board consisting of the

governor and captain on a specified day, who shall be chief several associates. Singleton v. State (Fla.) 251 of police until the board shall agree. [Per 2. The power to pardon after conviction Gray and O'Brien, JJ.] Rathbone v. Wirth (N. of crime which is conferred upon the governor

408 and other specified officers by Fla. Const. art. 3. The power to designate the local author- 4, in all cases except impeachment and treason, ity who shall appoint local officers, conferred is exclusive of the legislative power to grant on the legislature by N. Y. Const. art. 10, $ 2, I pardon by statute.



« ForrigeFortsett »