Sidebilder
PDF
ePub
[blocks in formation]

1. ESTABLISHMENT AND MAINTENANCE.

15 (III.) Lands of owner using natural drains not subject to annexation to district. -Minnie Creek Drainage Dist. v. Nation, 146 N. E. 558.

To warrant annexation of lands outside district, it is insufficient to show merely that waters from lands ultimately flow through district ditch.-Id.

Association of owners not authorized to imit easement granted to owner's predecessor in title, nor infringe upon owner's property rights. -Id.

of

52 (N.Y.) Regulation of association owners, preventing access to owner's property by person desiring to visit owner, held unreasonable.-Drabinsky v. Sea Gate Ass'n, 146 N. E. 614.

Regulation of association of owners in private residential colony as to identification of visitors held reasonable.-Id.

Regulation of association of property owners as to number of guests admissible in one day held unreasonable.-Id.

61(2) (N.Y.) Purchaser of property in private residential colony held not entitled to injunction, as matter of right, to restrain_enforcement of rules.-Drabinsky v. Sea Gate Ass'n, 146 N. E. 614.

ELECTION OF REMEDIES.

7(1) (Mass.) Landlord's action for rent against tenant not election of remedy, barring suit on covenant.-Merchants' Nat. Bank v. Ryerson, 146 N. E. 659.

ELECTIONS.

II. ORDERING OR CALLING
AND NOTICE.

ELECTION,

Lands outside district held not subject to annexation in absence of showing of benefits.-Id. Burden held on drainage district to show 43 (Mass.) Statute providing for new benefits to lands sought to be annexed.-Id. election held inapplicable, where complete

25 (Ind.) Modes of procedure prescribed election was held.-Madden v. Board of Elecby Civil Code resorted to in special proceed-tion Com'rs of City of Boston, 146 N. E. ings, where no provision is made in act govern- 280. ing latter. Hunsucker v. Montel, 146 N. E. 110.

36(3) (Ind.) How and where petitioners may appeal from judgment dismissing petition stated. Hunsucker v. Montel, 146 N. E. 110. II. ASSESSMENTS AND SPECIAL TAXES.

76 (III.) Description of railroad property insufficient to sustain levy by drainage district. -People v. Chicago & E. I. Ry. Co., 146 N. E. 440.

IV. QUALIFICATIONS OF VOTERS.

76 (III.) Right of college student to vote at place of college question of fact.-Anderson v. Pifer, 146 N. E. 171.

Rule as to college student's right to vote at place of college stated.-Id. College students who regard college town as home are legal voters.-Id.

VII. BALLOTS.

89 (III.) Objections not made in county court not considered in Supreme Court.-Peo-174 (Mass.) One ple v. Raboin, 146 N. E. 538.

[blocks in formation]

50 (N.Y.) Easement in streets is right of property, not changeable by rules and regulations of owner of servient property.-Drabinsky v. Sea Gate Ass'n, 146 N. E. 614.

Right of owner of servient property to make rules and regulations must result from limitation upon easement originally granted.-Id. Rights of owners of lot in private residential property held subject to reasonable regulations.

dying before election cannot be candidate for office or elected thereto.-Madden v. Board of Election Com'rs of City of Boston, 146 N. E. 280.

[blocks in formation]

19(5) (Ind.App.) Evidence held to sustain finding of negligence, without invoking doctrine of res ipsa loquitur.-Town of Oxford v. Scott,

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

[blocks in formation]

2(11) (Ohio) Act taxing motor vehicles according to horse power held not unconstitutional.-Fisher Bros. Co. v. Brown, 146 N. E. 100. 28 (Ind.) That water company would likely sell water directly to city or lease its plant to city held not to render it less a public utility.Matlock v. Bloomington Water Co., 146 N. E. 852.

interest other than possibility of reversion.-State of Illinois v. Sohm, 146 N. E. 518. Department of Public Works and Buildings of

172 (Mass.) Failure to answer does not Bedford, 146 N. E. 41. confer jurisdiction.-Herman v. City of New

173 (Ind.) Venue statutes do not apply to eminent domain proceedings before question of damages has been reached.-Matlock v. Bloomington Water Co., 146 N. E. 852.

174 (Mass.) Limitation is of right as well as remedy.-Herman v. City of New Bedford, 146 N. E. 41.

Court without jurisdiction after expiration of term within which petition for damages must be brought.-Id. 185 (Mass.) Failure of city to appear not default.-Herman v. City of New Bedford, 146 N. E. 41. 33 (III.) Statute held not to give coal com-186 (Ill.) Submission of plans and specipany power to force connection with railroad fications for Illinois waterway to cities and without sanction of legal authority.-Cleveland, villages along route not condition precedent to C., C. & St. L. Ry. Co. v. Commerce Commis- condemning land.-Department of Public Works sion, 146 N. E. 606. and Buildings v. Engel, 146 N. E. 521.

II. COMPENSATION.

(A) Necessity and Sufficiency in General. 69 (N.Y.) Right to payment constitutional right, not legislative creation.-In re Elm St. in City of New York, 146 N. E. 342.

74 (Ind.App.) Railroad desiring to cross track of another must pay compensation in advance. New Jersey, I. & I. R. Co. v. New York Cent. R. Co., 146 N. E. 111.

(C) Measure and Amount.

148 (Mass.) Interest on amount found due computed rightly at 6 per cent. per annum.James Millar Co. v. Commonwealth, 146 N. E. 677.

(D) Persons Entitled and Payment. ›152(!) (III.) Rights of parties fixed at time petition filed, and subsequent conveyance of land affects only payment of compensation and not whether party conveying may be heard.-Department of Public Works and Buildings v. Engel, 146 N. E. 521.

153 (III.) Grantee to whom land was conveyed pending condemnation proceedings against grantor succeeded to grantor's vested rights.-City of Chicago v. Collin, 146 N. E.

741.

157 (Mass.) Petitioners assenting thereto, city cannot question apportionment of damages between fee owner and lessee.-Herman v. City of New Bedford, 146 N. E. 41.

Owner of land to be condemned for Illinois waterway held entitled to plans and specifications for portion of waterway affecting his land only.-Id.

Objection to condemnation of land for Illinois waterway on ground route not fixed over

ruled.-Id.

191(1) (III.) Petition alleging that land was public property, and asking for adjudication of state's right of possession, held demurrable.-Department of Public Works and Buildings of State of Illinois v. Sohm, 146 N. E. 518.

191 (8) (III.) Petitioner required to ascertain and name true owner of land, and owner named need not prove title.-Department of Public Works and Buildings of State of Illinois v. Sohm, 146 N. E. 518.

192 (Mass.) Matters of defense and avoidance must be pleaded.-Herman v. City of New Bedford, 146 N. E. 41.

196 (III.) Burden on petitioner to prove compliance with conditions precedent to right to take property.-Department of Public Works and Buildings v. Engel, 146 N. E. 521.

196 (Ind.) Evidence held to warrant finding of right to exercise power of eminent domain.-Matlock v. Bloomington Water Co., 146 N. E. 852.

205 (111.) Evidence held to show agreement as to compensation had been mutually abandoned.-Department of Public Works and Buildings v. Engel, 146 N. E. 521. 221 (11.) Only issue involved in condem158 (III.) Defendant's grantee not requir-nation proceeding is amount of compensation. ed to join as parties to her petition claiming-Department of Public Works and Buildings compensation holders of void tax deeds.-City of State of Illinois v. Sohm, 146 N. E. 518. of Chicago v. Collin, 146 N. E. 741.

III. PROCEEDINGS TO TAKE PROPERTY
AND ASSESS COMPENSATION.

166 (11.) Condemnation proceeding not proper proceeding for determination as to existing right in land.-Department of Public Works and Buildings of State of Illinois v. Sohm, 146 N. E. 518.

224 (Mass.) Trial judge authorized to grant new trial in condemnation proceeding; "civil actions."-Herman v. City of New Bedford, 146 N. E. 41.

245 (N.Y.) Relation between city and landowner receiving award for taking of property in street opening proceedings, held to be that of vendor and vendee and debtor and creditor. -In re Elm St. in City of New York, 146 N. E. 342.

167(1) (Mass.) Act providing that land shall not be taken except under general laws 246(3) (III.) Failure to pay amount awardheld inapplicable to land taken before act was ed by date specified by trial court until after effective. James Millar Co. v. Commonwealth. affirmance of judgment on appeal, held not to 146 N. E. 677. operate as abandonment of proceedings.-City of Winchester v. Ring, 146 N. E. 541.

169 (III.) Consents of federal and state authorities held necessary before condemnation of land to be used in erecting obstructions in navigable stream.-Department of Public Works and Buildings v. Engel, 146 N. E. 521. 171 (Ind.) That water company's plant not in operation held not to prevent its exercise of power of eminent domain.-Matlock v. Bloomington Water Co, 146 N. E. 852.

172 (111) Court had no jurisdiction to determine whether land involved was already part of highway, in which defendant had no

249 (III.) Time within which amount awarded was to be paid cannot be changed or extended after term.-City of Winchester v. Ring, 146 N. E. 541.

249 (N.Y.) Award in street opening proceedings held to constitute a "final judgment" when confirmed by court within limitation statute. In re Elm St. in City of New York, 146 N. E. 342.

262 (4) (Ind.) Trial court's judgment for petitioner supported by evidence will not be set

aside.-Matlock v. Bloomington Water Co., 146 | (E) Demurrer, Exceptions, and Motions. N. E. 852.

220 (Mass.) Demurrer to bill, as showing 265(5) (III.) On failure to pay compensa- plaintiffs had adequate remedy at law, without tion and damages awarded within time fixed merit, when not appearing on face.-Bonner v. by court, proceedings are abandoned, and de- Chapin Nat. Bank of Springfield, 146 N. E. 666. fendant may recover costs, etc.-City of Win-223 (Mass.) Failure of bill to allege that chester v. Ring, 146 N. E. 541.

IV. REMEDIES

defendant had refused to take action with reference to matters alleged held not ground for OF OWNERS OF PROP- demurrer.-Bonner v. Chapin Nat. Bank of Springfield, 146 N. E. 666.

ERTY.

271 (Ohio) Inquiry relates to reasonable-235 (Mass.) Speaking demurrer to bill on ness where property owner makes improve- ground of want of jurisdiction rightly overments with reference to reasonable grade to ruled.-Pond v. Simpson, 146 N. E. 684. be established.-Gohman v. City of St. Bern-239 (Mass.) Allegations of bill, well pleaded, taken as admitted by demurrer.-Bonner ard, 146 N. E. 291. v. Chapin Nat. Bank of Springfield, 146 N. E. 666.

288 (Mass.) Only remedy for damages to abutter from laying out of street being under statute, petition for damages must be filed within prescribed time.-Hester v. City of Brockton, 146 N. E. 224.

Act making amendment statute applicable to eminent domain case did not extend time, so as to revive right after it ceased to exist.-Id.

Court held without jurisdiction to amend property owner's action in tort into petition for damages after expiration of time prescribed for filing petition.-Id.

303 (Ohio) Measure of damages to property improved with reference to reasonable grade, where grade is unreasonable, stated. Gohman v. City of St. Bernard, 146 N. E. Inquiry as to expense of alterations and restorations to adjust property and improvements to new grade of street, held pertinent.-Id.

291.

EQUAL PROTECTION OF THE LAWS. See Constitutional Law, 230.

EQUITY.

(G) Signature, Indorsement, Verification, Filing, and Service.

319 (Mass.) Objection that allegations were made without plaintiff's knowledge of facts stated not maintainable in view of verification.-Bonner v. Chapin Nat. Bank of Springfield, 146 N. E. 666.

VIII. HEARING, SUBMISSION OF ISSUES
TO JURY, AND REHEARING.

392 (III.) Denial of rehearing for merely cumulative evidence of experts, whose testimony on original hearing petitioner showed no attempt to secure, not abuse of discretion.Miller v. Miller, 146 N. E. 469.

IX. MASTERS AND COMMISSIONERS, AND
PROCEEDINGS BEFORE THEM.

412 (111.) Denial of motion to re-refer case
to master for introduction of other_evidence
held not error.-Seely v. Board of Education
of Green Valley, Community High School Dist.
No. 306, 146 N. E. 187.
412 (Mass.) Motion to recommit master's
Ref-report addressed to court's discretion.-Selwyn
v. Harris, 146 N. E. 248.

See Cancellation of Instruments; Conversion; Creditors' Suit; Injunction; Partition: ormation of Instruments; Specific Performance; Subrogation; Trusts.

I. JURISDICTION. PRINCIPLES, AND

MAXIMS.

(C) Principles and Maxims of Equity. 65 (1) (Ohio) Equity will not aid one guilty of inequitable conduct in matter in which he seeks relief.-Kinsman Nat. Bank v. Jerko, 146 N. E. 210.

X. DECREE AND ENFORCEMENT
THEREOF.

427 (2) (III.) General prayer for relief sufficient to support any decree warranted by allegations and evidence.-Seely v. Board of Education of Green Valley Community High School Dist. No. 306, 146 N. E. 187.

ERROR, WRIT OF.

65 (2) (Ohio) Plaintiff's fraudulent disposition of chattel property, to place it beyond reach of creditors, bars relief in equity.-Kins- See Appeal and Error. man Nat. Bank v. Jerko, 146 N. E. 210.

III. PARTIES AND PROCESS.

ESTATES.

Dower; Ex-
Remainders:

117 (Mass.) Demurrer not sustained, for See Descent and Distribution; ecutors and Administrators; want of necessary parties, on account of refWills. erence to certain parties against whom no relief was sought.-Bonner v. Chapin Nat. Bank (I.) Estates classified; "freehold esof Springfield, 146 N. E. 666. tates;" "estates less than freehold."-Fowler v. Marion & Pittsburg Coal Co., 146 N. E. 318.

119 (Mass.) Service by registered mail held insufficient to bring nonresident in as party. Pond v. Simpson, 146 N. E. 684.

No jurisdiction acquired over defendant by service on corporation.-Id.

ESTOPPEL.

III. EQUITABLE ESTOPPEL. (A) Nature and Essentials in General.

127 (Mass.) Special appearance by nonresident not served with process held not gen-52 (Ind.App.) Elements of "estoppel" eral submission to jurisdiction.-Pond v. Simp- stated.-General Realty Co. v. Silcox, 146 N.

son, 146 N. E. 684.

IV. PLEADING.

(A) Original Bill.

143 (Mass.) Bill held certain and definite. --Bonner v. Chapin Nat. Bank of Springfield, 146 N. E. 666.

150(1) (Mass.) Bill held not multifarious. -Bonner v. Chapin Nat. Bank of Springfield, 146 N. E. 666.

153 (11.) Allegations taken most strongly against pleader on demurrer.-Fowler v. Mar

E. 408.

62(2)(III.) No estoppel against United States.-Davis v. Industrial Commission, 146 N. E. 569.

having exer62(4) (III.) Municipality, cised lawful power, may be estopped to question validity of act.-Seely v. Board of Education of Green Valley, Community High School Dist. No. 306, 146 N. E. 187.

62(4) (1) City not estopped to dispute validity of contract which it had no power to make because it has received consideration.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

(B) Grounds of Estoppel.

75 (Mass.) Seller held not estopped from claiming stock certificates specially indorsed by him.-Place v. Chaffee, 146 N. E. 722.

(E) Pleading, Evidence, Trial, and Review.

tiffs to maintain issue presented.-West v. State Street Exchange, 146 N. E. 37.

IV. RELEVANCY, MATERIALITY, AND COMPETENCY IN GENERAL.

(A) Facts in Issue and Relevant to Issues. 113(10) (Mass.) Evidence as to cost of reproducing filled land was within court's discretion to admit or exclude.-James Millar Co. v. Commonwealth, 146 N. E. 677.

107 (Ind.App.) Complaint held insufficient to plead estoppel to deny plaintiff's right to use switch track, constructed under agreement with defendant's deceased husband.-General 113(19) (Mass.) Copies of corporation's Realty Co. v. Silcox, 146 N. E. 408.

114 (Ind.App.) Pleading of estoppel held defective for failure to aver knowledge of facts on part of person estopped.--Allen Realty Co. v. Uhler, 146 N. E. 766.

[blocks in formation]

5(2) (N.Y.) Manipulation of light has made it common knowledge that the eye can be mistaken as to nature of thing observed.-Biddles, Inc.. v. Enright, 146 N. E. 625.

14 (Ind.App.) Incautious tendencies of youth, matter of common knowledge.-National Biscuit Co. v. Roth, 146 N. E. 410.

excise tax return rightly excluded.-James Millar Co. v. Commonwealth, 146 N. E. 677.

(C) Similar Facts and Transactions.

142(4) (Mass.) Evidence of sale price of property 25 miles from land taken was erroneously admitted, there being no evidence of similarity of value.-James Millar Co. v. Commonwealth, 146 N. E. 677.

142 (4) (Mass.) Evidence of value of sugar other than of quality involved held erroneously Mann, 146 N. E. 791. admitted.-National Wholesale Grocery Co. v.

V. BEST AND SECONDARY EVIDENCE.

181 (Ind.App.) Carbon copies of letters and other instruments held improperly admitted for want of proper foundation.-Massachusetts Bonding & Insurance Co. v. State, 146

N. E. 116.

182 (Mass.) Exclusion of copy of letter, not shown to have been mailed in ordinary course, held not error.-W. R. Grace & Co. V. National Wholesale Grocery Co., 146 N. E. 908.

VII. ADMISSIONS.

14 (Mass.) It is common knowledge that in thickly settled manufacturing communities atmosphere is inevitably impregnated with disagreeable odors and impurities.-Strachan v. (A) Nature, Form, and Incidents in GenBeacon Oil Co., 146 N. E. 787.

eral.

19 (Mass.) Common knowledge that num-213(1) (Mass.) Evidence of plaintiff's ber of motor vehicles exceeds all others and statement and defendant's silence at meeting different highway construction is required for to compromise held incompetent.-Garber v. their convenience.-Opinion of the Justices, Levine, 146 N. E. 21. 146 N. E. 651.

20 (2) (III.) Common knowledge that term "spur track" is given wider application than ordinary definition.-Cleveland, C., C. & St. L. Ry. Co. v. Commerce Commission, 146 N. E. 606.

to

213(2) (Mass.) Defendant's promise adjust damage to plaintiff's automobile held not to be offer to compromise.-Dennison v. Swerdlove, 146 N. E. 27.

213 (2) (Mass.) Statement by defendant that he would make damages good held not offer of compromise, but admission of fault.Wiseman v. Rome, 146 N. E. 28.

41 (Ind.App.) Courts take judicial notice of manner of paying officers in attendance. Etzold v. Board of Com'rs of Huntington Coun-213(3) (III.) Evidence of offer by way of ty, 146 N. E. 842.

43 (2) (Ind.App.) Judicial knowledge taken of auditor's transcript of proceedings of board of commissioners.-Pulse v. Board of Com'rs of Decatur County, 146 N. E. 335

II. PRESUMPTIONS.

58 (Ind.) Contingency, of birth of child to woman, determined only on her death.-Burrell v. Jean, 146 N. E. 754.

compromise not admissible.-Alward v. Woodard, 146 N. E. 154.

217 (Mass.) Defendant's promise to adjust damage to plaintiff's automobile held not to be offer of compromise, but admission of fault. -Dennison v. Swerdlove, 146 N. E. 27.

219(1) (Mass.) Mental reaction of owner when he heard story of automobile accident and reply to his question held relevant.-Walsh v. Feinstein, 146 N. E. 355.

69 (Ind.App.) Rules presumed to have been filed with Interstate Commerce Commission (D) By Agents or Other Representatives. and to have been published as required by law. 244(1) (Mass.) Evidence that property was -Davis v. Steele, 146 N. E. 425.

71 (N.Y.) Evidence of mailing merely creates presumption that letter reached destination.-Curry v. Mackenzie, 146 N. E. 375.

82 (Ind.App.) In absence of express statutory inhibition, assumed that payments made to court reporter and accepted were properly paid and allowed.-Etzold v. Board of Com'rs of Huntington County, 146 N. E. 842.

83(1) (III.) Not presumed that state board will exercise powers arbitrarily.-People v. Witte, 146 N. E. 178.

83(1) (Mass.) Presumption made in favor of regularity and fairness of procedure and proposed action of board of registration in medicine.-Davis v. Calderwood, 146 N. E. 708.

III. BURDEN OF PROOF.

94 (Mass.) Weight or preponderance of evidence may shift, but burden rests on plain

only $30.000 investment properly received.James Millar Co. v. Commonwealth, 146 N. E.

677.

[blocks in formation]

V.

269 (2) (III.) Declarations of parent making advancements admissible.-Alward Woodard, 146 N. E. 154. Devisees competent to testify as to agreement and declarations of father when making advancement to son, but declarations in absence of son not provable.-Id.

271 (2) (III) Self-serving declarations incompetent.-George J. Cooke Co. v. Fred Miller Brewing Co., 146 N. E. 459.

Self-serving declaration of seller not admissible to rebut letters from purchaser, introduced by seller.-Id.

(E) Proof and Effect.

(D) Construction or Application of Language of Written Instrument.

313 (Mass.) Declaration by officers of corporation entitled to weight in determining na-460 (11) (Mass.) Where contract is ambigture of dividend.-Coolidge v. Grant, 146 N. E. 719.

X. DOCUMENTARY EVIDENCE. (A) Public or Official Acts, Proceedings, Records, and Certificates.

333 (6) (III.) Record of proceedings in organization of school district held admissible in quo warranto proceedings against members of board of education.-People v. Hartquist, 146 N. E. 140.

(C) Private Writings and Publications. 354(24) (N.Y.) Seller by crediting buyer with price of goods resold to plaintiff admitted market value of goods converted.-Island Trading Co. v. Berg Bros., 146 N. E. 345.

(D) Production, Authentication, and Ef

fect.

uous as to article sold or quality thereof parol evidence affecting such matter is admissible.W. R. Grace & Co. v. National Wholesale Grocery Co., 146 N. E. 908.

Evidence of sample used by plaintiff's broker in selling sugar and representations made by him, held admissible in action for purchaser's breach of contract.-Id.

(E) Showing Discharge or Performance of

Obligation.

467 (111.) Party to written contract may by parol waive performance of condition inserted in contract for his benefit.-Fuchs v. Peterson, 146 N. E. 556.

XII. OPINION EVIDENCE. (A) Conclusions and Opinions of Wits nesses in General.

471 (30) (Ind.App.) Testimony of manager 383 (3) (III.) Record of proceedings as of corporation that he signed contracts on becorrected by public officer conclusive evidence half of corporation, statement of fact and not of facts stated.-People v. Hartquist, 146 N. conclusion.-Blackstone Theatre Corporation E. 140. v. Goldwyn Distributing Corporation, 146 N. E. 217.

383 (7) (Mass.) Reference in broker's agreement with customer to defendant's agency for bank held evidentiary only.-Buono v. Cody, 146 N. E. 703.

473 (Mass.) In action for water damage to flour, book entry of deceased inspector held improperly excluded.-Gentile Flour & Products Co. v. Moschella, 146 N. E. 721.

XI. PAROL OR EXTRINSIC EVIDENCE AF. 474 (4) (III.) When nonexperts may testify FECTING WRITINGS. as to mental capacity stated.-Britt v. Darnell, 146 N. E. 510.

(A) Contradicting, Varying, or Adding to Terms of Written Instrument.

(B) Subjects of Expert Testimony.

387 (1) (III.) Amended record of official action cannot be contradicted by parol.-Peo-524 (Mass.) Evidence of expert witness as ple v. Hartquist, 146 N. E. 140. to value of water front not improperly admit397 (3) (Ill.) Prior conversations leading ted.-James Millar Co. v. Commonwealth, 146 up to agreement between husband and wife for N. E. 677. division of property held merged in agreement and evidence thereof inadmissible.-Kohler v. Kohler, 146 N. E. 476.

397 (4) (Mass.) Written contract not varied by proof of prior misrepresentations of defendant's agent.-Boss v. Greater Boston Mortg. Corporation, 146 N. E. 686.

408(1) (Mass.) Parol evidence held admissible to explain receipt.-Lubin v. Hedtler, 146 N. E. 660.

413 (Ind.App.) Admission of testimony that certain entry in judgment docket not there when examined by witnesses held not error. Sullivan State Bank v. First Nat. Bank,

146 N. E. 403.

(B) Invalidating Written Instrument. 433(9) (Mass.) Parol testimony and draft copy of agreement held improperly admitted to show particular language of agreement inadvertently used.-New York, N. H. & H. R. Co. v. Preferred Underwriters, 146 N. E. 905.

(C) Competency of Experts.

544 (Mass.) Witness held qualified to testify as to cause for breaking out of piece missing from stop valve.-Olsen v. New England Fuel & Transportation Co., 146 N. E. 656.

(D) Examination of Experts.

548 (Mass.) Negative answer to question as to whether treatment was different from that of ordinary practitioners held without error.Kos v. Brault, 146 N. E. 16.

555 (III.) Physician's opinion, partly from history of case, that condition of claimant's back was due to trauma, held incompetent.-Lehigh Stone Co. v. Industrial Commission, 146 N. E. 533.

(F) Effect of Opinion Evidence.

568 (2) (III.) Opinions as to mental capacity weighed, with facts on which based, accordSuit for reformation proper remedy for correction of instrument wherein particular wording to witness' intelligence, acquaintance with alleged incompetent, means of observation, etc. was inadvertently used.-Id. -Britt v. Darnell, 146 N. E. 510.

(C) Separate or Subsequent Oral Agree

ment.

EXCEPTIONS, BILL OF.
554.

441(9) (Mass.) Under written contract See Appeal and Error, without express warranty, evidence of representations as to workmanship and stability was rightly refused.-Stoehrer & Pratt Dodgem Corporation v. Greenburg, 146 N. E. 34.

I. NATURE, FORM, AND CONTENTS
IN GENERAL.

441(9) (Mass.) Sales contract without ex-24 (Mass.) Bill of exceptions founded on press warranty cannot be changed by parol evi- denial of bill of exceptions not considered.-Pedence to cover alleged representations.-Acorn tition of Town of Weymouth, 146 N. E. 720. Silk Co. v. Herscovitz, 146 N. E. 35.

444 (2) (N.Y.) Parol evidence held admissible to show writing not to become contract until loan made.-Saltzman v. Barson, 146 N. E. 618.

Written instrument held not so certainly final

EXCHANGES.

9 (Mass.) Sale of all stock purchased on margin for insolvent member of stock exchange held necessary to "closing of contracts of such

« ForrigeFortsett »