AMERICAN
LAW REPORTS

ANNOTATED

Editors in Chief
BURDETT A RICH AND M. BLAIR WAILES

Consulting Editor
WILLIAM M. MCKINNEY

Managing Editors
H. NOYES GREENE

HENRY P. FARNHAM
GEORGE H. PARMELE

ASSISTED BY THE EXCEPTIONALLY EXPERIENCED EDITORIAL

ORGANIZATIONS OF THE PUBLISHERS

VOL. I.

THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY
EDWARD THOMPSON COMPANY
BANCROFT-WHITNEY COMPANY

1919

ROCHESTER, N. Y.
NORTHPORT, L. I., N. Y.
SAN FRANCISCO, CALIF.
Copyright 1919

by

THE LAWYERS CO-OPERATIVE PublisHING COMPANY

EDWARD THOMPSON COMPANY

BANCROFT-WHITNEY COMPANY

E. R. ANDREWS PRINTING COMPANY, Rochester, N. Y.

PUBLISHERS' FOREWORD.

For half a century reports of the cases of general interest and importance, with notes, have proved their value in thousands of America's best law offices.

Now we are able to draw on the experiences which, combined, extend over a century; to marshal ideas from three widely separated centers; to develop new features which, as individual organizations, would never have been attained; to better judge the precise value to lawyers of the various styles of case reporting and annotation; and to weave the whole into a homogeneous work of utmost helpfulness.

Thorough annotation of the new and difficult questions constantly presented by the decisions of our highest courts requires special qualifications. The editors in charge of the AMERICAN LAW REPORTS, ANNOTATED, have had that expert training and exceptional experience without which legal work of this kind cannot be trustworthy, but by which they necessarily become a specialized branch of the legal profession. The work they have done for many years is well known to the profession.

Of those editors who are named on the title page, Mr. McKinney has had thirty years' experience in this kind of work, dating back to the American and English Encyclopedia of Law, and coming down to his recent work as editor in chief of Ruling Case Law. Mr. Rich has had equally long experience as editor in chief of Lawyers Reports Annotated and other L. C. P. Co. publications, and also as coeditor of Ruling Case Law. Mr. Wailes has had twenty years' experience as writer and editor of the various publications of the Edward Thompson Company, and Mr. Greene has been editor in chief of Annotated Cases since the beginning of the series. Mr. Farnham, for more than thirty years, and Mr. Parmele, for more than twenty years, have been editors of Lawyers Reports Annotated, and for a long time active manag

ing editors. The former is the author of Farnham on “Waters;" the latter, of Parmele's "Wharton on Conflict of Laws.”

The building up of the editorial organizations now joined in this work has required a long period of discriminating selection and thorough training. By this means there has been created a staff of more than twenty editors for AMERICAN LAW REPORTS, ANNOTATED, who are especially valuable for this work, each of whom has by long service become recognized as a permanent factor in the organization. Their average length of service is already more than fifteen years each.

Among those who have been engaged in such service for twenty-five years or more are: Joseph H. Hill, Editor of the United States Supreme Court Digests, Dakota Digests, etc., and C. B. Labatt, author of Labatt's “Master and Servant.

The Lawyers Co-operative Publishing Co.
Edward Thompson Co.

Bancroft-Whitney Co.
April, 1919.

TABLE

OF

CASES REPORTED

v.

V.

A.
Brammer v. Iowa Teleph. Co.

(Iowa) 400 American Securities Co.

Brauer v. New York C. & H.
Goldsberry
(Fla.) 15

R. R. Co.

(N. J.) 734 Arkansas Mach. & Boiler

Brinkley v. Halliburton (Ark.) 1225 Works v. Moorhead

Brown V. Des Moines Steam (Ark.) 1652

Bottling Works (Iowa) 835 Austin Clothing Co. v. Posey

v. Steckler

(N. D.) 753 (Miss.) 13 Brunner v. York Bridge Co.

(W. Va.). 643 B.

Butler Tonopah Min. Co. v.

West End Consol. Bally, Germania Fire Ins. Co.

Min. Co.

(Nev.) 405 (Ariz.) 488 Butte Land & Invest. Co. v. Bank, Dollar Savings, v. Com.

Williams

(Mont.) 1634
(Pa.) 1048
El Paso Nat., Yates &

C.
McC. Realty Co. v.
(Colo.) 1637 Cacy V. Slay

(Md.) 764 Farmers' State Guar

Cappon v. O'Day

(Wis.) 1657 anty, v. Cromwell

Carpenter, Felsenthal Co., use (Okla.) 684

of, v. Northern AsOld Lowell Nat., Saw

surance Co.

(Ill.) 602 yer v. (Mass.) 269

v. Trinity & B. V. R. People's, Dent v. (Ark.) 688

Co.

(Tex.) 1449 Second Nat., v. Smith

Cary, State ex rel. School (N. J.) 470

Dist. No. 8 v. (Wis.) 1554 Western Nat. v. Jenkins

Central Pacific R. Co. (Md.) 1577

Tarpey

(Utah) 1319 Wilkin-Hale, Hern

Channell, Wilson v.

(Kan.) 987 stein

(Okla.) 679 Clark v. Manhattan Beach .. (Cal.) 1532 Bankers' Life Co., Stratton v.

Clay v. Thomas

(Ky.) 738 (Neb.) 1671. Clem, Posten v.

(Ala.) 381 Behrend, Rogal Arcanum v.

Clover Valley Land & Stock (U. S.) 966

Co., McCartney v. Berryman, Smith v. (Mo.) 1692

(C. C. A.) 1127 Bixby, Johnson v. ... (C. C. A.) 660 Coit, National Market Co. v. Blackwell v. State (Fla.) 502

(Wash.) 450 Blackwell Lumber Co., Hyatt

Collins v. Reimers

(Iowa) 878 v.

(Idaho) 1663 Columbia, Triplett v. (S. C.) 349

(I11.) 1397 Com., Corbin Y. M. C. A. v. (Ky.) 264 Bossung, State ex rel., v. Dis

v. Dollar Savings Bank (Pa.) 1048 trict Court (Minn.) 145

Jordan v.

(Ky.) 617 Bowes, Thompson v. (Me.) 1365 Conniff, Whittelsey

(Mo.) 913 Boyd v. Wright

(Ga.) 593 Corbin Y. M. C. A. V. Com. (Ky.) 264 Brackey, Kingland v. (Iowa) 978 Cramer v. Grand Rapids Show Senneff v. (Iowa) 978

Case Co.

(N. Y.) 154 vii

V.

Bond, People v.