« ForrigeFortsett »
w33 (Ohio) General provisions of section of 16(!) (N.Y.) Refusal of mandamus to board
II. SUBJECTS AND PURPOSES OF RELIEF.
(A) Acts and Proceedings of Courts, See Attorney and Client, 189; Vendor and
Judges, and Judicial Officers. Purchaser, 280-287.
On 26 (ind.). Mandamus will not lie to compel LIFE ESTATES.
court to act in disregard of judgment rendered
in a matter of which it had jurisdiction.-State 8 (111.) Limitations held not to run against v. Board of Com’rs of Dubois County, 148 N. remaindermen until after termination of life E. 198. estate.-Leininger v. Reichle, 148 N. E. 384. Om 17 (111.) Life tenant cannot create charge (B) Acts and Proceedings of Public on. against remaindermen by improvements.-Lein cers and Boards and Municipalities. inger v. Reichle, 148 N. E. 384.
Improvements of life tenant go, without lia- Em77(4) (Ohio) Writ to compel reinstatebility, to remaindermen.-Id.
ment of civil service employé, absent without Remaindermen held not required to reimburse leave, denied, unless discretion abused. State life tenant for improvements.-Id.
v. Swisher, 148 N. E. 686.
81 (Ohio) Industrial Commission not spe. LIMITATION OF ACTIONS.
cially enjoined to rehear compensation case aft
er appeal from its adverse ruling:-State v. InSee Adverse Possession.
dustrial Commission of Ohio, 148 N. E. 100.
em 98(1) (Ind.) Would not lie to compel II. COMPUTATION OF PERIOD OF
board of commissioners to set aside judgment LIMITATION.
establishing a road in preference to one pre(A) Accrual of Right of Action or De
viously petitioned for.-State V. Board of tense.
Com’rs of Dubois County, 148 N. E. 198. ww 46(3) (N.Y.) Action for damages for fail, lution of council not required by mandamus,
Om 100 (Ohio) Expenditure directed by resoure of bank to deliver bank book not barred where it would amount to misapplication or because coinmenced later than six years after misuse of public funds.-State v. Semple, 148 payment of money.-Bykowsky v. Public Nat. N. E. 342. Bank of New York, 148 N. E. 702. LIQUOR SELLING,
(II. JURISDICTION PROCEEDINGS, AND
RELIEF. See Intoxicating Liquors.
m149 (Ind.) Members of township adrisory LIVERY STABLE AND GARAGE
board held properly joined, in proceedings to
compel erection of joint township high school.
-Gruber v. State, 148 N. E. 481.
Om 154(2) (Ind.) Petition could not be consent of majority of owners on both streets into when tested by demurrer_for want of facts.which alley opened for erection of garage; Gruber v. State, 148 N. E. 481. "street."- Rippinger v. Niederst, 148 N. E. ?; w 154<4) (Ind.) Relator required to set forth 041/2 (N.Y.) Where determination of board clear statement showing all essential elements of appeals is on erroneous theory, proper prac; to relief demanded and power of respondent tice is for court to return matter to board, and to comply therewith.-Gruber v. State, 148 N. not pass on merits: -People ex rel. Smith v. E. 481. Walsh, 148 N. E. 724,
Mandate to compel establishment of joint
high school district would be denied, in absence LOST INSTRUMENTS.
of showing duty and power of officers to perm2 (111.) New deed made by master in chan- form act sought to be compelled. — Id. cery to restore one lost relates back, and gives tate a more commodious school building than
That relief asked by relators might necessieffect and validity to lost deed.-Wyman y. Hageman, 148 N. E, 852,
school trustee had at his command held immaCum 3 (111.) Right to have title to real estate Sm 154(7) (Ohio) Petition held not to show
terial.-Id. appear properly on record is substantial property right, in protection of which equity will refusal of board of public affairs of village to entertain suit to restore lost deed. - Wyman v. perform duty enjoined by law.State v. ShrivHageman, 148 N. E. 852.
er, 148 N. E. 697. Cw10 (III) “Issue” of deed imports delivery Cow 187(7) (Ind.) Judgment overruling demuras well as execution and filing.-Wyman v.
rers held not shown to rest entirely on second Hageman, 148 N. E. 832.
paragraph of plaintiff's complaint.--Gruber v.
State, 148 N. È. 481.
MARRIAGE. NATURE AND GROUNDS IN GENERAL. Cal (Ind.) Complaint and summons takes See Divorce; Husband and Wife. place of common-law writ of mandamus.-Gru-13 (Ind. App.) Statutes held not to apply to ber v. State, 148 N. E. 481.
common-law marriage.-Castor v. McDole, 148 When extraordinary process of law will be N. E. 643. granted stated.-Id. cm3 (1) (Mass.) Ordinarily mandamus will
MASTER AND SERVANT. not lie where relief adequate by other remedy. --McLaughlin v. Quinn, 148 N. E. 458.
See Trade Unions, cm3 (8) (Mass.) Patrolman cannot maintain mandamus compel reinstatement, unless II. SERVICES AND COMPENSATION. remedy by petition for reinstatement is inadequate. -McLaughlin v. Quinn, 148 N. E. 458.
(B) Wages and other Remuneration. Remedy for reinstatement of civil service Cm73(4) (N.Y.) Illness from intoxication held officer by petition held adequate; "final and discontinuance of contract.--Cammack v, J. conclusive.”-Id.
B. Slattery & Bro., 148 N. E. 781.
For cases in Dec.Dig. & Am.Dig, Key-No.Series & Indexes see same topic and KEY-NUMBER
Om 297(2) (Ind. App.) Answers to interroga-
tories held not to show workman assumed risk. (B) Tools, Machinery, Appliances, and
--Baltimore & O. R. Co. v. Faust, 148 N. E. , Places for Work.
433. m103(1), (Mass.) Employer not discharged state commerce held not precluded by jury's
Conclusion workman was engaged in interfrom duty by showing compliance with requirements of electrical inspector, or engaging en
answers to interrogatories.-Id. gineer to install wires properly.-Lamberti v. Neal, 148 N. E. 463.
IV. LIABILITIES FOR INJURIES TO Employer not discharged from duty by show
THIRD PERSONS. ing delegation to another.--Id. C105(2) (Mass.) That same kind of ma
(A) Acts or Omissions of Servant. chines are commonly used is no defense.--Lam-Cas 303 (N.Y.) Assault on tenant by apartment berti v. Neal, 148 N. E. 463.
house superintendent held to make out cause Cm106(1) (Mass.) Purchase of machinery of action for negligence.—Hall v. Smathers, 148 from reputable manufacturer not discharge N. E. 654. of master's duty, where dangerous condition was due to absence of safety device.--Lamberti vi. WORKMEN'S COMPENSATION ACTS. v. Neal, 148 N. E. 463. Em 107 (8) (Mass.) “Defect in condition of ma (A) Nature and Grounds of Master's Liachinery” refers to safety of employees.-Lam
bility. berti v. Neal, 148 N. E. 463
347 (III.) Workmen's Compensation Act, To “remedy" a defect is to end dangerous providing for review on questions of law only, condition.-Id.
held constitutional.-Nega v. Chicago Rys. Co., “Defect" may be want of safety device.-Id. 148 N. E. 250. m 125(1) (Mass.) Employer not discharged Com 348 (III.) Compensation act liberally confrom duty by lack of knowledge ground wire strued.-- Lincoln Park Coal & Brick Co. v. Inwould be additional protection.---Lamberti v. dustrial Commission, 148 N. E. 79. Neal, 148 N. E. 463.
Para 349 (Ohio) Application under Compensa
tion Law prior to amendment not governed on (C) Methods of Work, Rules, and Orders. appeal proceeding by amended act.-Kossick v.
Sharon Steel Hoop Co., 148 N. E. 343. 137(4) (N.Y.) Operation of locomotive 356 (III.) Right of action under Compensabackwards held not negligence as to trackwalker tion Act of minor legally employed not affected killed.--D'Aurio v. Long Island R. Co., 148 N. by his negligence.-Kowalczyk v. Swift & Co., E. 333.
148 N. E. 59.
Common-law right of action for injuries of
minor illegally employed not affected by his (F) Riskas Assamed by Servant. negligence.-Id.
356 (Ohio) Defense of contributory negliem 204(3) (Ind. App.) Under federal act employee does not assume risk of fellow servant's Compensation Act.-Foundry Appliance Co. v.
gence available to employer complying with negligence.-Baltimore & 0. S. W. R. Co. v. Ratliff, 148 N. E. 237. Hill, 148 N. E. 489. C21917) (Mass.) Risk of electrical, current tion Law held applicable to employment in busi
Cmw 361 (N.Y.) Elective feature of Compensaheld not obvious; "safety ground wire.”—Lam- ness not conducted for pecuniary gain.-Queckberti y. Neal, 148 N. E. 463. Em 219(10) (Mass.) Rule of assumed risk ap- cm362 (ind. App.) Injured employee doing odd
Berner v. Macy, 148 N. E. 543. plies to obvious conditions and dangers.-Lam- jobs held “casual employee" not entitled to berti v. Neal, 148 N. E. 463. Rule of assumed risk does not protect em- compensation.-Bailey v. Humrickhouse, 148 N.
E. 428. ployer, failing to exercise reasonable care to
C 366 (Ohio) Minor within Compensation remedy defect not obvious.--Id.
Act.--Foundry Appliance Co. v. Ratliff, 148 N.
E. 237. (H) Actions,
w 367 (IH.) Plumber held "employee" of oil
company.-Sinclair Refining Co.' v. Industrial 258(!) (Ind. App.), Complaint for death of Commission, 148 N. E. 291. fireman in derailment held sufficient on demur. C373 (N.Y.) Injury from explosion on adrer.-Baltimore & 0. S. W. R. Co. v. Hill, 148 joining premises held not accidental injury N. E. 489.
"arising out of employment."-McCarter v. Lå em 265(6) (Ind.App.). Doctrine of res ipsa Rock, 148 N. E. 523. loquitur applicable, when fellow servant rule 373 (N.Y.) Injury from assault in controis abolished.--Baltimore & 0. S. W. R. Co. v. versy over work held received in course of and Hill, 148 N. E, 489.
arising out of employment.-Rydeen v. Monarch Rule of res ipsa loquitur held applicable to Furniture Co., 148 N. E. 527. injury by derailment of locomotive.-Id.
374 (III.) Employee held entitled to comm 270(10) (Mass.) Evidence relating to safe- pensation for X-ray burns received while being ty ground wire and transformer to reduce examined at request of employer.-Lincoln Park voltage properly received.-Lamberti v. Neal, Coal & Brick Co. v. Industrial Commission, 148 N. E. 463.
148 N. E. 79. Om 278(1), (Mass.) Showing of facts from Cwm 375(1) (N.Y.) Injury, while preparing for which negligence may be inferred is sufficient. work, not within course of employment.--Da-Lamberti v. Neal, 148 N. E. 463.
vidson v. Pansy Waist Co., 118 N. E. 715. m278(14) (Mass.) Evidence held to justify finding of 'negligence in not discovering dan
(B) Compensation. gerous condition of machine and making it safe.-Lamberti 7. Neal, 148 N. E. 463.
~385(1) (III.) Plumber held entitled to have Om 286(21) (N.Y.) Negligence in ordering sea- annual earnings based on usual scale of wages man to paint stem from slippery raft held for received in business independent of employjury.--Robert v. U. S. Shipping Board Emer- ment.-Sinclair Refining Co. v. Industrial Comgency Fleet Corporation, 148 N. E. 650. mission, 148 N. E. 291. ww291 (4) (Mass.) Request that there could ww385(16) (Ind.App.) Injured employé perbe no recovery, if defect in circuit was beyond sonally liable for medical and hospital services defendant's premises, rightly refused.-Lam- after refusing those offered. - Indiana Liberty berti y. Neal, 148 N. E. 463.
Mut. Ins. Co. v. Strate, 148 N. E. 425. 148 N.L.-61
MONOPOLIES. w 404 (Ind. App.) Evidence machine causing 11. TRUSTS AND OTHER COMBINATIONS injury was not guarded inadmissible.-Barlow
IN RESTRAINT OF TRADE. v. U. S. Encaustic Tile Works, 148 N. E. 424. m8 (Mass.) Restrictions affecting competicm 405 (4) (ill.) Award of compensation for tion can be striven for legally.-Berenson v. injuries held against evidence.-Union Colliery H. G. Vogel Co., 148 N. E. 450. Co. v. Industrial Commission, 148 N. E. 262. Whether there is unlawful purpose, creating Om405(4) (!!!.) Decision of Industrial Com
or tending to create monopoly, is question of mission that death was not result of accident fact.-10. arising out of employment held against weight C12(3) (Mass.) Bureau formed to furnish of evidence.-Shea v. Industrial Commission, information needed in bidding held, under facts, 148 N. L. 327.
not a monopoly.-Berenson v. H. G. Vogel Co., m405(4) (Ind.App.) Testimony held to sus- 148 N. E. 450. tain denial of compensation.-Barlow v. U. S. m 20 (Mass.) Consolidation of corporations Encaustic Tile Works, 148 N. E. 424.
engaged in common enterprise does not show Cm 405(6) (III.) Annual earnings of plumber unlawful purpose.-Berenson v. H. G. Vogel held shown.-Sinclair Refining Co. v. Industrial Co., 148 N. E. 450. Commission, 148 N. E. 291. Om405(6) (ind. App.) Finding of Industrial Board, that refusal to submit to examination
MORTGAGES. by physician was reasonable, sustained.--Indi III. CONSTRUCTION AND OPERATION, ana Liberty Mut. Ins. Co. v. Strate, 148 N. E. 425.
(D) Lien and Priority. Em 417(314) (Ohio) Final action on compen. 151(3) (Ind.) Laborers employed by pursation claim must appear of record to support chaser. bound to pay large part of gross reappeal.--Industrial Commission of Ohio v. ceipts to owner entitled to lien as against ownNagy, 148 N. E, 398.
er, and lien superior to mortgage.--Pierce 5. Cw417(5) (Ind.App.) Evidence construed fa- | Blair, 148 N. E. 414. vorably to sustain award of compensation.Kauffman v. Bardo, 148 N. E. 496.
IV. RIGHTS AND LIABILITIES OF
PARTIES. A41717) (Mass.) Finding of Industrial Accident Board on evidence conclusive.-Geary's Emas 195 (?11.) Mortgagee taking possession on Case, 148 N. E. 440.
refusal of receiver's agent to pay over rents Cm 417(8) (Ind.App.) Award not reversed for collected not authorized to make new improve. admission of incompetent evidence.-Kauffman ments and tax expense to amount due or pay v. Bardo, 148 N. E. 496.
it from rents and profits.-Hirsh v. Arnold, 148 Cm 417(9) (Ohio) Industrial Commission has lom 206 (ill.) Appointment must be wrongful
N. E. 882. no jurisdiction pending appeal, and no jurisdic- and judicially declared void to render morttion after judgment. except to execute same.State v. Industrial Commission of Ohio, 148 N. gagee a trespasser.-Hirsh v. Arnold, 148 N. E.
882. E. 100. C418(6) (ill.) Question of fact in compensa- hands of receiver's agent, held not to have
Mortgagee, taking collection of rents from tion case reviewable.-Union Colliery Co. v. usurped receiver's possession and become tresIndustrial Commission, 148 N. E. 262.
passer.-Id. Cod 419 (Ind.App.) Compensation agreement, Mortgagee taking possession of premises of not approved by Industrial Board, not "a ward” refusal of receiver's agent to pay over rents reviewable.-Bruce v. Stutz Motor Car Co. of collected, held not liable as trespasser, for America, 148 N. E. 161.
waste, or for rent he might have realized by Order of Industrial Board not condition to ex- spending more for improvements.-Id. ercise of privilege to reduce compensation by procuring suitable work.-Id.
V. ASSIGNMENT OF MORTGAGE OR DEBT. Industrial Board without jurisdiction to hear am 256 (11.) Mortgagor entitled to every de application for reduction of award, until em felse against assignee available against original ployment is procured and refused.--Id.
mortgagee.-Hirsh v. Arnold, 148 N. E. 882. CW419 (ind. App.) Industrial Board held to have jurisdiction of petition for additional com VII. PAYMENT OR PERFORMANCE OF pensation.--Bertram v. Bicknell Coal & Mining
CONDITION, RELEASE, AND Co., 148 N. E. 177.
SATISFACTION. 419 (Mass.) First employer liable for re-On302 (III.) Tenders of amounts due on note currence of condition caused by original in- secured by trust deed held ineffective.-Robinjury though employee works for another.- son v. Miller, 148 N. E. 319. Geary's Case, 148 N. E. 440.
Cmw 310 (Ind.) Mortgagee's approval of report held not consent to release of tract from part
of mortgage ordered paid by owners of other MINES AND MINERALS.
tracts.-Brier v. Childers, 148 N. E. 474. OPERATION OF MINES, QUARRIES.
X. FORECLOSURE BY ACTION. AND WELLS.
(B) Right to Foreclose and Defenses. (C) Rights and Liabilities Incident to Working.
Omw 392 (III.) Suit to foreclose trust deed held
not premature.-Robinson y. Miller, 148 X. E. Cao 113 (ind.) Laborers employed by purchas- 319. er bound to pay large part of gross receipts to ww399 (11.) Failure to pay taxes until penalty owner, entitled to lien
as against owner.- had attached held breach of condition in trust Pierce v. Blair, 148 N. E. 414.
deed; "delinquency.”—Robinson v. Miller, 148 V. E. 319.
Omm 401(3) (III.) Cestui que trust, on nonpas; MINORS.
ment of taxes, may foreclose, if so authorized See Infants.
by trust deed, regardless of terms of note.
Robinson v. Miller, 148 N. E. 319.
(E) Parties and Process. C17 (1) (Ind. App.) Complaint held to state C429 (III.) Lodge trustee held entitled to a cause of action for money had and received. sue in his own name to foreclose trust deed - Carpenter Const. Co. v. Scoonover, 148 N. securing notes for lodge money loaned by him E. 429.
and secure appointment of receiver to collect
For cases in Dec.Dig, & Am.Dig. Key-Ne.Series & Indexes see same topic and KEY-NUMBER rents pending suit.-Hirsh v. Arnold, 148 N. E. (B) Municipal Departments and officers 882.
Thereof. CM 439 (111.) Amendment of bill for foreclo-185(5) (Mass.) Rule of police force for sure to join lodge as party complainant with hearing before trial board abrogated by statute. trustee taking notes secured held properly al---McLaughlin v. Quinn, 148 N. E. 458. lowed.-Hirsh v. Arnold, 148 N. Ê. 882.
189(2) (N.Y.) Punishment of policeman by
police commissioner not reviewable.—People ex (F) Pleading and Evidence.
rel. Regan v. Enright, 148 N. E. 187. Emp445 (III.) Failure of complaint to allege
Appellate Division not authorized to review breach of agreement for extension of note, de discretion of police commissioner in punishing fault in payment of which was basis of action, officer.-Id.. held not to preclude relief.-Robinson v. Miller, 148 N. E. 319.
(C) Agents and Employés. mm 455 (131.)' Cross-bill for trespasses and waste by mortgagee in possession and cancel-218(2). (Ohio) City officials may reduce lation of tax deed held erroneously dismissed finances.-Yansuch v. State, 148 N. E. 232.
number of employés because of condition of as to mortgagee's executors in foreclosure suit. -Hirsh v. Arnold, 148 N. E. 882.
VI. PROPERTY. (G) Injunction and Receiver.
Om 225(!) (Ohio) Property not needed for any m468(3) (III.) Receiver held properly ap- municipal purpose may be sold.-State v. Shriypointed to collect rents pending suit to fore- er, 148 N. E. 697. close trust deed.--Hirsh v. Arnold, 148 N. E. 882.
VII. CONTRACTS IN GENERAL. ww471 (II.) Appointment must be wrongful and judicially declared void to render receiver Or 226 (Mass.) Inconvenience does not wara trespasser.-Hirsh v. Arnold, 148 N. E. 882. rant departure from statutory mandate.
Morse v. City of Boston, 148 N. E. 813. (H) Trial or Hearing and Reference. Parties cannot by contract overcome statwww.479 (111.) Order of reference, made before 235 (Mass.) Contracts must conform to
utory requirement.-17. filing of replication to answer, held valid.—Rob- statutes.-Morse v. City of Boston, 148 N. E. inson v. Miller, 148 N. E. 319.
813. (1) Judgment or Decree and Execution.
Om 252 (Mass.) Power to alter contract re
stricted by statutes.-Morse v. City of Boston, ww491 (III.) Mortgagors held entitled to can 148 N. E. 813. cellation of tax deed and grantee's quitclaim City officers have limited power to change deed, as for benefit of mortgagee.-Hirsh v.
contracts.-Id. Arnold, 148 N. E. 882.
Alteration resulting in substantially new con
tract not permissible.--Id. (M) Review.
Contract not modified under guise of alterAmos 578 (51.) Mortgagors held not entitled to ation into new contract.--Id. complain of refusal to allow credit for rents Amendment of contract changing unit of paynot paid over by receiver's collecting agent.- ment held to violate statute.-Id. Hirsh v. Arnold, 148 N. E. 882.
Good faith does not warrant amendment to
contract in violation of statute.-10. (N) Fees and Costs.
Facts alleged showed alterations in contract 58.1(2) (111.) Defendant pot precluded by to be without consideration.-Id. stipulation from attacking solicitor's fee as
Offer by contractor held not to bind municireasonable.--Robinson v. Miller, 148 N. E. pality.-18. 319.
Cam 253 (N.Y.) Certificate of engineer must 581(2) (III.) Solicitor's fee in amount stip- not be arbitrarily withheld.--E. H. Smith Conulated before filing of amended bill merely add-tracting Co. v. City of New York, 148 N. E. ing party complainant held properly allowed.-655. Hirsh v. Arnold, 148 N. E. 882.
Engineer's certificate may not be withheld On581 (5) (11.) Reasonable attorney's fees, | under erroneous construction of contract.-Id. recoverable under trust deed, cannot be en
Engineer's determination if patently erronehanced in consideration of defendant's attitude. ous, and without reasonable basis, does not bind -Robinson v. Miller, 148 N. E. 319.
Engineer's determination that certain work XI. REDEMPTION.
was classifiable under unit prices held unjusti
fied.-Id. (www596, 597 (III.) Right to redeem from fore Engineer's classification of steel work done closure sale may be lost through failure to under substituted plans, as being classifiable assert within reasonable time.- Wyman v. Hage- under unit price bid, held not justified.--Id. man, 148 N. E. 852.
IX. PUBLIC IMPROVEMENTS.
Make Improvements See Schools and School Districts; Street Rail
Grant Aid Therefor. roads; Towns.
269(1) (ill.) Park commissioners held not IV. PROCEEDINGS OF COUNCIL OR to have succeeded to jurisdiction over road OTHER GOVERNING BODY.
when consents pot obtained.–Village of Glen
coe v. Hurford, 148 N. E. 69; Same v. Olson, (B) Ordinances and By-Laws in General.
148 N. E. 78. Como 120 (Ohio) Emergency ordinance consider-m282(2) (111.) Widening of street held “local ed as effective immediately on passage.-Van- improvement." _Village of Glencoe v. Hurford, such v. State, 148 N. E. 232.
148 N. E. 69; Same v. Olson, 148 N. E. 78. V. OFFICERS, AGENTS, AND EMPLOYÉS,
(B) Preliminary Proceedings and Ordi. (A) Municipal Officers in General.
nances or Resolutions, Em 142 (Ohio) Mayor of municipality qualifying On 302 (4) (III.) Improvement ordinance adoptas member of General Assembly does not for-ed by commission governed city, without filing feit office of mayor.-State v. Gillen, 148 N. for public inspection before final adoption, held E. 86.
invalid.-City of Ottawa v. Hulse, 148 N. E. 1.
(E) Assessments for Benefits, and Special | (B) Acts
Omissions ot Officers Taxes.
Agents. Fmw466(2).(N.Y.) Action of board of estimate Ow747(3) (Mass.) Members of fire departand apportionment in assessing cost of public ment "public officers.”—Gregoire v. City of improvement void when beyond powers delegat- Lowell, 148 N. E. 376. ed.-Long Island R. Co. v. Hylan, 148 N. E. Municipality, not liable for negligence of fire 189.
department.-Id. Ow425(3) (N.Y.) Board of estimate and apportionment held not authorized by contract (C) Defects or Obstructions in Streets and with railroad to assess entire cost of public
Other Public Ways. improvement on right of way of railroad.-Long 776 (Ohio) Piers supporting overhead railIsland R. Co. v. Hylan, 148 N. E. 189.
road bridge, ordered by city council, held not w 437 (N.Y.) Board of estimate and appor- nuisance. - City of Elyria v. Meacham, 148 N. tionment cannot assess property deriving no E. 689. benefit from improvement.-Long Island R. Co. 788(1) (Mass.) No recovery for injuries v. Hylan, 148 N. E. 189.
from defect in streets, unless municipality knew w512(1) (N.Y.) Action of governmental body of defect.-Gregoire v. City of Lowell, 148 N. in fixing area of assessment not ordinarily re E. 376. viewed by certiorari.-Long Island R. Co. v. 1 821 (8) (Ohio) Charge that question whethHylan, 148 N. E. 189.
er piers of overhead railroad bridge constituted Action of board of estimate and apportion- | nuisance was for jury held erroneous.-City of ment in assessing entire cost of public improve- | Elyria Meacham, 148 N. E. 689. ments on railroad right of way, though erro: neous, held not reviewable by certiorari.-Id. (D) Defects Obstructions Sewers,
Drains, and Water Courses. X. POLICE POWER AND REGULATIONS. Ow832 (Ohio) Municipality liable for negli(A) Delegation, Extent, and Exercise of
gence in performance of duty to see storm Power.
sewers are not clogged.-City of Portsmouth v. ww592(1) (Ohio) Municipality held unauthor
Mitchell, 148 N. E. 846. ized to require payment for water used by public guilty of maintaining nuisance.-Id.
Municipality permitting refuse to clog sewer school exempted from charge by statute.-City of East Cleveland v. Board of Education of City
XIII. FISCAL MANAGEMENT, PUBLIC School Dist. of East Cleveland, 148 N. E. 350.
DEBT, SECURITIES, AND TAXA592(1) (Ohio) Municipality cannot levy ex
TION. cise tax in addition to levy by state.-Firestone v. City of Cambridge, 148 N. E. 470.
(A) Power to Incur Indebtedness and Ex
penditures. C 601 (Mass.) Building laws have force of law. - National Fireproofing Co. v. Kelley, 148 Eur 860 (Ohio) Municipal council may not es. N. E. 805.
pend public funds indiscriminately. -State v. Semple, 148 N. E. 312.
Contribution to Conference of Ohio MunicXI. USE AND REGULATION OF PUBLIC PLACES, PROPERTY, AND WORKS.
ipalities misapplication of public funds.-Id.
864(3) (Ind.) Purchase by municipality of (A) Streets and Other Public Ways. stock of water company and issuance of bond cm 680, 681(8) (N.Y.) Legislature may author- in payment held not in excess of constitutional ize private use of streets, subject to constitu- indebtedness.-Bollenbacher v. Harris, 148 X. tional limitations.-McCoy v. Jordan, 148 N. E. E. 417. 793,
Statutė, autho ng vil to permit erection (B) Administration in General, Appropriof gasoline curb pumps, held valid.-Id.
ations, Warrants and Payment. Om 693 (N.Y.) Authority to permit "arrange 0897 (Ind.App.) Controller's act in appror. ments” to draw from oil tanks within highway ing and signing warrants based on claims filed not exceeded by erection of oil pumps.- for fictitious persons iş quasi judicial.-City of McCoy v. Jordan, 148 N. E. 793.
Indianapolis v. National City Bank of Indianap697 (2) (Mass.) Citizen not alleging special olis, 118 N. E. 675. damage not entitled to compel removal of gasoline pumps from ways.-Warner v. City of (C) Bonds and other Securities, and SinkTaunton, 148 N. E. 377.
ing Funds. Ow703(1) (Ohio) Municipality may control, 935 (Ind.) Legalizing act held to make direct, and manage streets and traffic thereon. bond issue valid, unless prohibited by Constitu--Lorain St. R. Co. v. Public Utilities Commis- tion.—Bollenbacher v. Harris, 148 N. E. 417. sion, 148 N. E. 577. Ordinance regulating traffic on streets held
(E) Rights and Remedies of Taxpayers. reasonable local police regulation.-Id. City, under guise of regulating traffic on
1000 (4) (Ind.) City and water company streets, may not interfere with general efficien- held properly admitted as defendants in suit to cy of authorized utility.--Id.
enjoin issuance of bonds in payment for stock. 0ww703(1) (Ohio) Ordinance as to control of -Bollenbacher v. Harris, 148 N. E. 417. traffic on streets must be reasonable and not Cw1000 (5) (Mass.) Allegations of bill by taxinterfere with bus line operating between cities. payers held sufficient.-Morse v. City of Boston, --City of Nelsonville v. Ramsey, 148 N. E. 694. 148 N. E. 813, ww703(4) (Ohio) Act providing what is presumptive evidence of unreasonable speed, pre
XIV. CLAIMS AGAINST CORPORATION. scribes rule of conduct.-Psaris v. Fredericks, >1009 (Ind.App.) Board of Public Works'al. 148 N. E, 360.
lowance of claims in reliance on street commisCharge applying statute as to presumptive sioner's certificate without knowledge of fraud evidence of unreasonable speed existing at time is quasi judicial act. ---City of Indianapolis v. of accident, held proper.--Id.
National City Bank of Indianapolis, 148 N. E.
675. XII. TORTS.
MURDER. (A) Exercise of Governmental and Corpo- See Ilomicide.
rate Powers in General. 733(2), (Ohio) Operation of sewers pro
NAVIGABLE WATERS. prietary function.-City of Portsmouth Mitchell Mfg. Co., 148 N. E. 846.