In an action for an injury resulting in the the rules of the company regulating the move-
death of defendant's servant, held that de- ment of trains, held admissible.-Gulf. C. & S.
ceased was guilty of contributory negligence.-F. Ry. Co. v. Hays (Tex. Civ. App.) 29.
Wagnon v. Houston & T. C. R. Co. (Tex. Civ.
App.) 1112.
$ 8.
Issues, proof and variance.
Where the incompetency of a railway brake-
man is in issue, the question of his fitness for
the varied duties of a brakeman is involved.-
Gulf, C. & S. F. Ry. Co. v. Hays (Tex. Civ.
App.) 29.
§ 9.
Presumptions and burden of
*Mere proof of accident or injury to a servant
does not raise a presumption of negligence on
the part of the master.-Vissman v. Southern
Ry. Co. (Ky.) 502.
*In an action against a railroad for the
death of a brakeman, the burden is upon plain-
tiff to prove that such death was caused by
defendant's negligence.-Missouri, K. & T. Ry.
Co. v. Greenwood (Tex. Civ. App.) 810.
*In order to hold the master liable for in-
juries to a servant, the master's negligence must
be proved to have been the proximate cause
of the injury.-Missouri, K. & T. Ry. Co. v.
Greenwood (Tex. Civ. App.) 810.
§ 10.
Admissibility of evidence.
*In an action against a railroad for injuries
to a fireman, certain rule of the railroad
held properly admitted in evidence.-Cin-
cinnati, N. O. & T. P. Ry. Co. v. Curd (Ky.)
In an action for death of a servant, facts
held insufficient to show that he was in de-
fendant's service at the time he was killed.-
Baker's Adm'r v. Lexington & E. Ry. Co. (Ky.)
In an action for death of a brakeman by be-
ing struck by a train approaching him from the
rear, evidence that he could as well have stood
in a different place, where he would have been
safe, held admissible.--Cincinnati, N. O. & T.
P. Ry. Co. v. Hill's Adm'r (Ky.) 523.
In an action for injuries to a servant, admis
sion of evidence not referred to in petition held
proper.-Day v. Emery-Bird-Thayer Dry Goods
Co. (Mo. App.) 903.
In an action for injuries to a servant, ques-
tion of servant's mental capacity, etc., may
be considered on the issues of assumed risk
and contributory negligence.-Drake v. San
Antonio & A. P. Ry. Co. (Tex. Sup.) 407.
In an action against a railway company for
injuries received by an employé on a work train,
certain evidence held inadmissible.-Gulf. C. &
S. F. Ry. Co. v. Hays (Tex. Civ. App.) 29.
On the issue of the incompetency of a brake-
man, specific acts of negligence held admissible.
-Gulf, C. & S. F. Ry. Co. v. Hays (Tex. Civ.
App.) 29.
On the issue of the incompetency of a brake-
man, evidence of his reputation held admissible.
-Gulf. C. & S. F. Ry. Co. v. Hays (Tex. Civ.
App.) 29.
*On the issue of the incompetency of a serv-
ant, certain evidence held admissible as show-
ing that the master had received such notice
that inquiry would show incompetency.-Gulf,
C. & S. F. Ry. Co. v. Hays (Tex. Civ. App.) 29.
Evidence showing that it was the custom of
a railway company to notify regular trains of
the presence of work trains was admissible.-
Gulf, C. & S. F. Ry. Co. v. Hays (Tex. Civ.
App.) 29.
In an action against a railway company for
injuries to a servant on a work train, the ques-
tion, which of two rules regulating the move-
ment of trains was the safer, held immaterial.
Gulf, C. & S. F. Ry. Co. v. Hays (Tex. Civ.
App.) 29.
*On the issue of negligence of a railroad in
making an inspection in consequence of which
negligence a servant was injured, evidence as
to the similarity of the inspection to inspec-
tions made by other roads held competent.-
Hover v. Chicago, R. I. & G. Ry. Co. (Tex.
Civ. App.) 1084.
On the issue of negligence of a railroad in
inspecting a tender which was subsequently
wrecked, thereby injuring a trainman, evi-
dence that the inspector knew that his son was
to go in the engine to which the tender was
attached held relevant.-Hover v. Chicago, R.
I. & G. Ry. Co. (Tex. Civ. App.) 1084.
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In an action for injuries to a member of a
railroad construction crew, evidence held not
sufficient to show negligence.-Yates v. Miller's
Creek Const. Co. (Ky.) 241.
In an action by a servant for personal in-
jury from defective machinery, evidence held to
sustain a verdict for plaintiff.-Stratton &
Torstegge v. Mattingly (Ky.) 513.
held insufficient to sustain a finding that he
In a suit for death of a brakeman, evidence
stood on the main track in plain view of the
operatives of the train which struck him, with
his back toward it, for several hundred yards
before they arrived at the place of the acci-
dent.-Cincinnati, N. O. & T. P. Ry. Co. v.
Hill's Adm'r (Ky.) 523.
In an action for death of a brakeman, evi-
dence that there was nothing to indicate to
the operatives of the train that he would come
on the track in front of the train until he did
so held admissible.-Cincinnati, N. O. & T. P.
Ry. Co. v. Hill's Adm'r (Ky.) 523.
In an action against a railroad for the death
of a brakeman, evidence held insufficient to show
that deceased's death was attributable to defects
in the coupling apparatus, the step of the pilot,
and the track.-Missouri, K. & T. Ry. Co. v.
Greenwood (Tex. Civ. App.) 810.
In an action against a railroad for injuries to
a trainman, evidence held insufficient to show
negligence on the part of the engineer in fail-
ing to stop the train after discovering the
defect. Hover v. Chicago, R. I. & G. Ry. Co.
(Tex. Civ. App.) 1084.
In an action against a railroad for injuries
to a trainman caused by a defective flange,
evidence held insufficient to sustain a finding
that the defect should have been discovered by
the railroad.-Hover v. Chicago, R. I. & G.
Ry. Co. (Tex. Civ. App.) 1084.
In an action for injuries to a servant injured
by the raising of the hammer of a pile driver,
evidence held sufficient to warrant a finding
that he had not assumed the risk.-Gulf, C.
* Point annotated. See syllabus.
In an action against a railway company for
injuries to a servant, certain evidence, showing
In an action for injuries to a servant in-
jured by the raising of the hammer of a pile
driver, evidence held sufficient to warrant a
finding of freedom from contributory negli-
gence. Gulf, C. & S. F. Ry. Co. v. Huyett
(Tex. Civ. App.) 1118.
In an action for injuries to a servant injured
by the raising of the hammer of a pile driver,
evidence considered, and held sufficient to war-
rant a finding of negligence.-Gulf, C. & S. F.
Ry. Co. v. Huyett (Tex. Civ. App.) 1118.
$ 12.
In an action for injuries to a brakeman,
whether plaintiff's injuries were proximately
caused by defendant's negligence in failing to
stop the cars attached to the engine, under the
circumstances, was for the jury-Southern
Const. Co. v. Hinkle (Tex. Civ. App.) 309.
In an action for injuries to a servant, the
court held to have properly submitted de-
fendant's negligence in failing to furnish better
lights as a concurring cause of the injury.-
Chicago, R. I. & T. Ry. Co. v. Jackson (Tex.
Civ. App.) 1117.
In an action for injuries to a servant, in-
Evidence held not to prove actionable negli-structions held sufficiently favorable to defend-
gence on the master's part.-Justice v. W. M. ant.-Mergenthaler-Horton Basket Mach. Co.
Ritter Lumber Co. (Ky.) 171.
v. Lyon (Ky.) 522.
In an action for injuries to a servant, an
*Whether a foreman of railroad work crew
was guilty of such gross negligence as to render
the railroad liable for injuries to a member of instruction held to have stated the law on as-
the crew held a question for the jury.-Louis-sumption of risk more favorably to defendant
than was authorized.-Kennedy V. Kansas
ville & N. R. Co. v. Bishop (Ky.) 221.
City, St. J. & C. B. R. Co. (Mo. Šup.) 370.
In an action against a railroad company for
injuries to a brakeman owing to a moving
car, which he was endeavoring to couple to
a locomotive, colliding with another car, held
that the question whether he was guilty of
contributory negligence in not knowing of the
position of the other car was for the jury.-
Kennedy v. Kansas City, St. J. & C. B. R.
Co. (Mo. Sup.) 370.
Servant held not guilty of contributory negli-
gence in law in falling through a hole in the
floor.-Day v. Emery-Bird-Thayer Dry Goods
Co. (Mo. App.) 903.
*In an action for injuries to a servant,
whether the servant was guilty of contributory
negligence held a question for the jury.
Drake v. San Antonio & A. P. Ry. Co. (Tex.
Sup.) 407.
*In an action for injuries to a servant,
whether the servant assumed the risk held a
question for the jury.--Drake v. San Antonio
& A. P. Ry. Co. (Tex. Sup.) 407.
*Whether the defective condition of a tool
used by a servant is so obvious that he neces-
sarily assumes the risk of using it is, in
doubtful cases, a question for the jury.-Drake
v. San Antonio & A. P. Ry. Co. (Tex. Sup.)
In an action against a railway company for
injuries to an employé on a work train by
being struck by a regular train, held proper to
submit to the jury the question of the train
dispatcher's failure to comply with a certain
rule.-Gulf, C. & S. F. Ry. Co. v. Hays (Tex.
Civ. App.) 29.
*Whether flagging a regular train by a brake-
man on a work train on the track was sufficient
to prevent a collision held for the jury.-Gulf,
C. & S. F. Ry. Co. v. Hays (Tex. Civ. App.) 29.
In an action for injuries to a brakeman while
attempting to make a coupling, plaintiff held
not guilty of contributory negligence as matter
of law. Southern Const. Co. v. Hinkle (Tex.
Civ. App.) 309.
In an action for injuries to a railroad brake-
man, the instruction by the court as to the
facts which plaintiff must prove in order to
recover held sufficiently favorable_to_defend-
ant.Kennedy v. Kansas City, St. J. & C.
B. R. Co. (Mo. Sup.) 370.
In an action for injuries to a railroad engineer
in jumping to escape collision, an instruction on
contributory negligence, though negative, held
&A. P. Ry. Co. v. Lester (Tex. Sup.) 752.
not objectionable as misleading.-San Antonio
In an action for personal injury, the re-.
fusal to charge on the question of independent
contractor held reversible error.-Texas Short
Line Ry. Co. v. Waymire (Tex. Civ. App.)
452.
In an action for injuries to a section hand,
certain charge should have been given.-St.
Louis Southwestern Ry. Co. v. Demsey (Tex.
Civ. App.) 786.
§ 14. Liabilities for injuries to third
Evidence in an action for the death of a
person by the reckless driving of another held
vehicle was an employé of defendant, and that
to warrant a finding that the driver of the
the vehicle was its property.-Louisville Water
Co. v. Phillips' Adm'r (Ky.) 700.
An instruction in an action for the negligent
death of a person held not erroneous, as author-
izing a verdict without a finding that the person
killing decedent was at the time in the perform-
ance of his duties as defendant's servant.-
Louisville Water Co. v. Phillips' Adm'r (Ky.)
700.
of a person held to establish a prima facie case.
Evidence in an action for the negligent death
-Louisville Water Co. v. Phillips' Adm'r (Ky.)
700.
MEASURE OF DAMAGES.
See "Damages," §§ 3, 5, 7.
For breach of contract for sale of realty, see
"Vendor and Purchaser," § 5.
For breach of warranty of goods sold, see
"Sales," § 8.
For false imprisonment, see "False Imprison-
ment," § 1.
For injuries to live stock in transportation, see
"Carriers," § 7.
For wrongful sale of timber, see "Logs and
Logging."
* Point annotated. See syllabus.
MECHANICS' LIENS.
1. Right to lien.
Under Ky. St. 1903, § 2463, held a subcon-
tractor was not entitled to a lien, the condi-
tions under which anything should be due
the contractor not having been complied with.
-Terrell v. McHenry (Ky.) 306.
§ 2. Proceedings to perfect.
A furnisher of materials having notified the
owner of its claim, and fixed its lien, when the
owner had more than enough in his hands to
pay it, it was immaterial that it did not give
notice of the items of its bills as the materials
were furnished.-Nichols v. Dixon (Tex. Sup.)
Where plaintiffs purchased an interest in an
alleged oil well from defendants, both believing
that oil had been struck, when in fact the well
had been salted, plaintiffs were entitled to a
cancellation of the conveyance for mutual mis-
take.-Rowland v. Cox (Ky.) 215.
In action for injunction and damages for
breach of mining lease by change of screens,
evidence to show results of certain tests on
different screens held admissible.-Drake v.
Black Diamond Coal & Mining Co. (Ky.) 545.
Lessors of mine held entitled to have coal
passed over certain kind of screens, use of dif-
ferent screen being violation of lease, so that
lessees could not be heard to say substituted
screen should be permitted because they had
expended a considerable sum of money in mak-
ing change.-Drake v. Black Diamond Coal &
Mining Co. (Ky.) 545.
A subcontractor held not estopped from See "Infants."
enforcing his lien, though the owner has fully
paid the principal contractor.-Mivelaz
Genovely (Ky.) 109.
Evidence held to show that the contract for
putting on a roof was that it should not be
paid for if it leaked.-Terrell v. McHenry
(Ky.) 306.
Rev. St. 1895, art. 3310, providing that all
mechanics' and materialmen's liens shall be
on an equal footing without reference to the
date of filing, held to apply only to liens filed
as provided by the mechanic's lien law.
Nichols v. Dixon (Tex. Sup.) 765.
A materialman not having notified the owner
of his claim of lien, under Rev. St. 1895, arts.
3296, 3308, 3310, until after the latter had paid
out the larger portion of the amount held at
the time he received notice from another claim-
ant, held not entitled to share equally with a
notifying claimant.-Nichols v. Dixon (Tex.
Sup.) 765.
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§ 1. Title, conveyances, and contracts.
Where both plaintiffs and defendants
conveyance of an interest in an oil well believed
that it produced oil, plaintiffs held not pre-
cluded from cancelling the conveyance by
reason of the speculative character of the
property.-Rowland v. Cox (Ky.) 215.
Assignees of the holders of an oil lease held
estopped to defend a suit for cancellation of a
Necessity for preliminary examination on pros-
ecution for, see "Criminal Law," § 4.
Necessity for statement of punishment in re-
cognizance on appeal from conviction of,
see "Criminal Law," § 31.
Time for objection to pleading on ground of,
see "Pleading," § 8.
By insured, see "Insurance," § 5.
Ground for cancellation of conveyance of in-
terest in oil well, see "Mines and Minerals,"
§ 1.
Ground for rescission of conveyance, see "Vend-
or and Purchaser," § 2.
MODIFICATION.
Of contract, see "Sales," § 3.
Of judgment or order on appeal, see "Appeal
and Error," § 29.
Settlement as to, between partners and their
representatives, see "Partnership," § 4.
Recovery of voluntary payments as between
payor and payee, see "Payment," § 3.
MONEY RECEIVED.
Recovery of payment in general, see “Pay-
ment," § 3.
Recovery of tax paid, see "Taxation,” § 6.
* Point annotated. See syllabus.
Prohibiting members of trust or pool from doing
business in state as applied to insurance
companies, see "Insurance," § 1.
§ 1. Trusts and other combinations in
restraint of trade.
A voluntary association, organized to promote
the interests of dealers in live stock in a cer-
tain place, held not an illegal combination in
restraint of trade, within Rev. St. 1899, §
8978. Gladish v. Bridgeford (Mo. App.) 77.
MORTALITY TABLES.
As evidence, in civil actions, see "Evidence,"
§ 8.
Use in actions for damages, see "Damages,"
§ 7.
Allegations concerning execution of, as conclu-
sion, see "Pleading," § 1.
Application of proceeds of sale of mortgaged
property, see "Payment," § 2.
By corporation, see "Corporations," § 3.
Estoppel to assail validity of sale by mort-
gagee, see "Estoppel," § 1.
Estoppel to assert character of conveyance,
see "Estoppel," § 1.
Extension of mortgage as delaying payment
of purchase price, see "Vendor and Pur-
chaser," 3.
Of personal property, see "Chattel Mortgages."
§ 1. Foreclosure by exercise of power
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The failure of a mortgagee, taking mortgaged
property, to apply it on the debt, held a matter
of defense, in a suit to recover the balance of
the debt.-Aultman & Taylor Co. v. Meade
(Ky.) 137.
A mortgagee, foreclosing the mortgage in vio-
lation of Civ. Code Prac. § 375, held liable to
account for the actual value of the mortgaged
property. Aultman & Taylor Co. v. Meade
(Ky.) 137.
In a suit to cancel a sale under a deed of
trust, the evidence held to warrant a finding
that the appointment of a substituted trustee
was made by one other than the holder of the
note.-Wilder v. Moren (Tex. Civ. App.) 1087.
Agent of holder of note secured by deed of
trust held to have had no authority to appoint
a substituted trustee.-Wilder v. Moren (Tex.
Civ. App.) 1087.
§ 2. Foreclosure by action.
An answer in a suit to enforce a mortgage
held to set not merely a counterclaim, under
Civ. Code Prac. § 96, but a defense as well.
Aultman & Taylor Co. v. Meade (Ky.) 137.
A defense in a suit to enforce the mortgage
held an accord and satisfaction, and not barred
by limitations.-Aultman & Taylor Co. v.
Meade (Ky.) 137.
A bona fide purchaser from purchasers at a
mortgage sale held not affected by their exten-
sion of time to redeem.-Matney v. Williams
(Ky.) 678.
Evidence held sufficient to sustain a finding
that there was no extension of time to redeem
from mortgage foreclosure.-Matney v. Wil-
liams (Ky.) 678.
Arrest of judgment in criminal prosecutions,
see "Criminal Law," § 25.
Change of venue in civil actions, see "Venue,"
§ 2.
Change of venue in criminal prosecutions, see
"Criminal Law," § 2.
Continuance in civil actions, see "Continu-
ance."
New trial in civil actions, see "New Trial,"
§ 2.
New trial in criminal prosecutions, see "Crimi-
nal Law," § 25.
Opening or setting aside default judgment, see
"Judgment," § 2.
Presentation of objections for review, see “Ap-
peal and Error," § 3.
Relating to pleadings, see "Pleading," §§ 4, 7.
Separate trial in criminal case, see "Criminal
Law," § 15.
Striking out evidence, see "Criminal Law,"
§ 18; "Trial," § 2.
To exclude testimony, see "Evidence," § 10.
MUNICIPAL CORPORATIONS.
See "Counties"; "Schools and School Districts,"
§ 1.
Dedication of land for street, see "Dedication,"
§ 1.
Excessive damages for injury by defective street,
see "Damages," § 4.
Interest on unliquidated demand against, see
Judicial notice of city charter and ordinances,
"Interest," § 2.
see "Evidence," § 1.
Liability of town to expense of providing court-
house, see "Courts," § 2.
Municipal inspection regulations, see "Inspec-
Persons entitled to allege error in action to en-
force assessments for public improvements, see
Police regulations as to sale of food, see "Food."
"Appeal and Error," § 20.
Prohibition against prosecution by city, see
"Prohibition," § 1.
Street railroads, see "Street Railroads."
Taxation in general, see "Taxation," §§ 1, 2.
alteration, existence,
1. Creation,
and dissolution.
An ordinance of a city enlarging its boun-
daries held void under Ky. St. 1903, §§ 3611,
3612.-City of Bardstown v. Hurst (Ky.) 147.
*Ky. St. 1903, § 3483, authorizing the chang-
ing of the boundaries of cities, held not in-
valid.-Miller v. City of Pineville (Ky.) 261.
Territory placed outside the limits of a city
on the boundaries thereof being changed under
Ky. St. 1903, § 3483, held not subject to tax-
ation for the payment of bonds issued while the
territory was within the city limits.-Miller v.
City of Pineville (Ky.) 261.
tory cut off from a city, in proceedings to re-
Agreement of taxpayers living within terri-
duce its limits, to assist in paying the city's
debts, held not to authorize the taxation by the
city of their property.-Miller v. City of Pine-
ville (Ky.) 261.
Governmental powers and func-
tions in general.
*A common council is, when exercising its
ministerial or administrative powers, subject to
judicial control.-State ex rel. Abel v. Gates
(Mo. Sup.) 881.
A municipality when granting the right to
furnish gas to inhabitants held to exercise
* Point annotated. See syllabus.
ministerial or administrative powers subject to § 5. Public improvements-Power
judicial control.-State ex rel. Abel v. Gates
(Mo. Sup.) 881.
3. Proceedings of council or other
governing body.
make improvements or grant aid
therefor.
Under the express provisions of Ky. St.
1903, § 3105, a city of the second class has
authority to have a sewer constructed at the
cost of abutting property owners.-City of Cov-
ington v. W. T. Noland & Co. (Ky.) 216.
The proper way to settle a dispute as to
which of several aldermen, all elected to fill
the full term by mistake, should fill a short
term caused by vacancy, was to cast lots.-6.
Hobbs v. Upington (Ky.) 128.
Aldermen having been elected without desig-
nating the one to fill an unexpired term, the
mayor held without power to determine which
of them should hold for the short term.-Hobbs
v. Upington (Ky.) 128.
Members of a city board of aldermen elect-
ed at a particular election held not entitled to
vote on the question as to which of them was
elected for a short term to fill a vacancy.
Hobbs v. Upington (Ky.) 128.
The right of a board of aldermen to deter
mine the election and qualifications of its
members does not authorize them to take from
a member an office to which he has a vested
right.-Hobbs v. Upington (Ky.) 128.
Parts of an ordinance held not affected by
invalidity of other parts.-City of St. Louis v.
Liessing (Mo. Sup.) 611.
Though an ordinance creating an office pro-
vides for more steps in his appointment than
required by the charter, held that neither
other parts of the ordinance nor the appoint-
ment is invalid.-City of St. Louis v. Liessing
(Mo. Sup.) 611.
The subject-matter of an ordinance held ex-
pressed in the title, as required by the charter.
-City of St. Louis v. Liessing (Mo. Sup.) 611.
Parts of an ordinance for registration of
milk venders and payment of a registration fee,
held valid, and, therefore, to be sustained, even
if other parts are invalid.-City of St. Louis v.
Grafeman Dairy Co. (Mo. Sup.) 617.
*The provision of an ordinance for regis-
tration of milk venders and payment of a
registration fee held within its title. City of
St. Louis v. Grafeman Dairy Co. (Mo. Sup.)
In an action against a street railway com-
pany for injuries to a pedestrian, the admission
in evidence, without objection, of an amended
ordinance regulating the speed of cars, held
not erroneous. Knoxville Traction Co. V.
Brown (Tenn.) 319.
4. Officers, agents, and employés.
An agreement between members of a board
of aldermen by which one of them agreed to
accept a short term in consideration of being
appointed president of the board held not con-
trary to public policy.-Hobbs v. Upington
(Ky.) 128.
A member of a board of aldermen having
agreed to take a short term in case he was
elected president of the board, held estopped,
after the expiration of the short term, to claim
the long one.-Hobbs v. Upington (Ky.) 128.
The annual salary fixed by a city for its
health officer, under Ky. St. 1903, §§ 2059, 2060,
held not subject to judicial interference unless
unreasonably small.-Graves v. City of Paducah
(Ky.) 708.
Preliminary proceedings and
ordinances or resolutions.
objectionable because it provided that the im-
Municipal improvement ordinance held not
provement might be constructed from one of a
number of different materials.-Ex parte City
of Paducah (Ky.) 302.
subject to the objection of delegating to the
Municipal improvement ordinance held not
board of public works legislative powers of
(Ky.) 302.
the city council.-Ex parte City of Paducah
The city charter of Houston held to authorize
the council to accept plans for a public building
when the board of public works failed for 15
days to report thereon.-City of Houston v.
Glover (Tex. Civ. App.) 425.
Under Ky. St. 1903, § 3100, held that a city
is not liable for a public improvement except
in cases where the city has no power to make
an improvement at the cost of owners of abut-
ting property.-City of Covington v. W. T.
Noland & Co. (Ky.) 216.
The validity of a contract by a city for the
employment of an architect to prepare plans for
a public building held not affected by validity
or invalidity of the contract for the erection of
Civ. App.) 425.
the building. City of Houston v. Glover (Tex.
for public works, held not to apply to the
The city charter of Houston, relating to bids
employment of an architect to prepare plans.-
City of Houston v. Glover (Tex. Civ. App.) 425.
That a city finally decided not to use the
plans of an architect for the construction of a
public building does not affect its obligation to
tract employing him to prepare plans. City of
pay the architect in accordance with the con-
Houston v. Glover (Tex. Civ. App.) 425.
Assessments for benefits, and
special taxes.
Work done on a street held original con-
struction and not reconstruction, so that abut-
ting owners were liable therefor.-Heim v.
Figg (Ky.) 301.
A city, on improving a street, held authorized
to charge the cost thereof on certain property.-
Steinacker v. Gast (Ky.) 481.
A street in a square bounded by streets held
a public street.-Steinacker v. Gast (Ky.) 481.
Under Acts April 19, 1893, p. 65, and Rev.
St. 1889, § 1498, councils in cities of the third
class held required to levy taxes for street
improvements after the completion of the im-
provements and their acceptance by the council.
-City of Sedalia, to Use of Sedalia Nat. Bank,
v. Donohue (Mo. Sup.) 386.
Under Rev. St. 1889, §§ 1495, 1496, 1498, and
Acts April 19, 1893, p. 65, city council of
cities of the third class held not to have power
to delegate to the city clerk the power to
The annual salary of a health officer for a
levy and assess the cost of stree: improvement.
city held not shown to have been inadequate.--City of Sedalia, to Use of Sedalia Nat. Bank,
Graves v. City of Paducah (Ky.) 708.
v. Donohue (Mo. Sup.) 386.
The chairman of a city water and light com-
mission held without authority under the city
charter to settle claims against it.-City of
Austin v. Forbis (Tex. Sup.) 405.
§ 9. Police power and regulations.
An information for violation of an ordinance
held sufficiently specified. City of St. Louis
v. Liessing (Mo. Sup.) 611.
* Point annotated. See syllabus.
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