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For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER paid to another illegally appointed in relator's | (G) Contributory Negligence of Servant. stead. People v. Thompson, 146 N. E. 473.

107 (Mass.) Mandamus denied, where city officers owed no present duty to pay out funds. -Decatur v. Auditor of City of Peabody, 146 N. E. 360.

109 (Ohio) Village and city officers compelled to draw warrants or orders for claims duly allowed.-State v. Bowen, 146 N. E. 108.

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172 (Ohio) Failure to enter plea after withdrawal held without prejudice to defendant. -State v. Bistline, 146 N. E. 288.

228 (2) (Ind.) Contributory negligence of minor unlawfully employed no defense.-MidWest Box Co. v. Hazzard, 146 N. E. 420. Unlawful employment of minor negligence per se, precluding defense of contributory negligence.-Id.

(H) Actions.

258(7) (Ind.) Complaint for injuries to minor unlawfully employed held sufficient.-MidWest Box Co. v. Hazzard, 146 N. E. 420.

258(13) (Ohio.) Petition held to state cause of action under doctrine of res ipsa lo

quitur, so that it was error to dismiss for re

fusal to amend.-Walters v. Baltimore & O. S. W. Ry Co., 146 N. E. 75.

176 (111) Judgment compelling reinstatement in office may include command to pay 279 (4) (Ind.App.) Evidence held to sustain salary.-People v. Thompson, 146 N. E. 473.

See Homicide.

MANSLAUGHTER.

MARRIAGE.

See Divorce; Husband and Wife.

MASTER AND SERVANT.

See Trade Unions.

1. THE RELATION.

(C) Termination and Discharge. 21 (Mass.) Agreement held not to intend either party could terminate it, unless plaintiff sold minimum sum of goods per month.-Chapin v. Hollister-Wilson Laboratories, 146 N. E. 276.

finding injury due to negligence of fellow servant. Chesapeake & O. R. Co. of Indiana v. Hull, 146 N. E. 688.

282 (Ind.) Damages to servant unlawfully employed held not excessive, though in excess of amount allowable under Workmen's Compensation Act.-Mid-West Box Co. v. Hazzard, 146 N. E. 420.

286(10) (Mass.) Whether employer was negligent in maintaining slippery platform of dough mixer held for jury.-Garber v. Levine, 146 N. E. 21.

IV. LIABILITIES FOR INJURIES TO
THIRD PERSONS.

(B) Work of Independent Contractor. 319 (Mass.) Responsibility for negligence of independent contractor stated.-McCarthy v. Waldorf System, 146 N. E. 663.

(C) Actions.

40(1) (Mass.) Plaintiff suing for breach of contract of employment, has burden of prov-330 (1) (N. Y.) Presumption ing performance.-Osadchuk v. Gordon, 146 N. E. 781.

of control arising out of ownership of car continues until rebutted.-Orlando v. Pioneer Barber Towel Supply Co., 146 N. E. 621.

40(2) (Mass.) Evidence of sales held competent to show value of contract to plaintiff.-330 (2) (Mass.) Evidence held of no probaChapin v. Hollister-Wilson Laboratories, 146 tive value on issue as to son's agency for N. E. 276. father. Murphy v. Hurley, 146 N. E. 45.

330 (3) (Mass.) Son caring for his dog held not acting as father's agent.-Murphy v. Hurley, 146 N. E. 45.

40(3) (Mass.) Evidence held to show breach of contract with salesman.-Chapin v. Hollister-Wilson Laboratories, 146 N. E. 276. 42(1) (Mass.) One wrongfully discharged 332(1) (Mass.) Automobile driver's agency not required to engage in business of different held for jury.-Dennison v. Swerdlove, 146 N. character. Osadchuk v. Gordon, 146 N. E. 781. E. 27. 43 (Mass.) Directed verdict for defendant 332(1) (Mass.) Son's agency to drive auin action for breach of contract held properly tomobile held for jury.-Wiseman v. Rome, 146 denied.-Osadchuk v. Gordon, 146 N. E. 781. Whether discharged employé exercised dili-332(1) (N.Y.) Employer's assertion gence in obtaining other employment held for conclusive on question of chauffeur's agency. Orlando v. Pioneer Barber Towel Supply Co., jury.-Id. 146 N. E. 621.

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N. E. 28.

not

Presumption of control from ownership of car not overcome as matter of law by mere denial of owner.-Id.

Truck driver's agency held for jury.-Id. automobile driver held for jury.-Jasmin v. 332(2) (Mass.) Responsibility for acts of Meaney, 146 N. E. 257.

332(2)(Mass.) Whether chauffeur's use of automobile truck to go to dinner was authorized by employer held for jury.-Walsh v. Feinstein, 146 N. E. 355.

VI. WORKMEN'S COMPENSATION ACTS. (A) Nature and Grounds of Master's Liability.

121(6) (N.Y.) Employer held not liable for 348 (Ind.App.) Compensation Law liberalinjury to employee using standard machine.ly construed.-National Biscuit Co. v. Roth, O'Connor v. Webber, 146 N. E. 200.

(F) Risks Assumed by Servant. ~204(2) (Ind.) Unlawful employment of minor negligence per se, precluding defense of assumption of risk.-Mid-West Box Co. v. Hazzard, 146 N. E. 420.

219(1) (Mass.) Risk of falling into unguarded boiler pit held assumed.-Pilling v. Hall,

146 N. E. 689.

146 N.E.-60

146 N. E. 410.

351 (Ind.App.) Right of employé to collect compensation from employer and third party failing to exact required certificate not exclusive.-Artificial Ice & Cold Storage Co. v. Waltz, 146 N. E. 826.

354 (Ind.App.) Employer of contractor held "some person other than employer" as to injured employé of contractor.-Artificial Ice & Cold Storage Co. v. Waltz, 146 N. E. 826.

Provision of Compensation Act excluding | ~375(1) (Ind.App.) Injury held in course of rights at common law inapplicable as between employment, though act was in violation of oremployé and third person.-Id. der.-Fox v. Slusser, 146 N. E. 875.

Employer's failure to exact statutory certificate from contractor, held not to preclude contractor's employé from prosecuting action at law against employer of contractor.-Id.

(B) Compensation.

~385(1) (Ind.App.) Compensation based on wages earned during nine-hour day_held_proper.-Franklin Tp. v. Litch, 146 N. E. 845. suffering from 385(11) (III.) Employee hysteria caused by electric shock held entitled to compensation for permanent partial disability.-Harrisburg Coal Mining Co. v. Industrial Commission, 146 N. E. 543.

354 (Ind.App.) Employer's gift of agreed compensation not impairment of employee's right against third party.-Pittsburgh, C., C. & St. L. R. Co. v. Keith, 146 N. E. 872. Negligent third party not required to indemnify employer or insurance carrier for gift to employee. Id. Employee may have both judgment against 385 (15) (III.) Temporary total disability wrongdoer and compensation allowed, but must proved by showing inability to work.-Lehigh Stone Co. v. Industrial Commission, 146 N. E. elect to collect from one source.-Id. 533.

354 (Ohio) Owner of premises held not employer of employé of independent contrac-385(15) (III.) Neither Industrial Commission nor courts can speculate as to probable tor complying with Compensation Act.-Trumbull Cliffs Furnace Co. v. Shachovsky, 146 N. length of partial incapacity.-O'Gara Coal Co. v. Industrial Commission, 146 N. E. 546. 385(16) (Ind.App.) Allowance for artificial 356 (Ind. App.) Contributory negligence and assumption of risk no defense under Com-eye not authorized under Compensation Act.pensation Act.-Chesapeake & O. R. Co. of In- Franklin Tp. v. Litch, 146 N. E. 845. diana v. Hull, 146 N. E. 688.

E. 306.

356 (Mass.) Assumption of risk no defense under Compensation Act.-Garber v. Levine, 146 N. E. 21.

361 (111.) Employer may be liable for compensation, though not exclusively engaged in hazardous occupation.-Peterson v. Industrial Commission, 146 N. E. 146.

on

363 (III.) Farmer operating sawmill farm and his employee held within Compensation Act.-Peterson v. Industrial Commission, 146 N. E. 146.

385(19) (Ind.App.) Compensation for 500 weeks for total disability employé held not excessive.-National Biscuit Co. v. Roth, 146 N.

E. 410.

386 (4) (III.) Lump sum awards not favored. Sangamon County Mining Co. v. Industrial Commission, 146 N. E. 492. Lump sum award held not for best interest of widow.-Id.

Widow seeking partial lump sum settlement must show interest.-Id.

387 (Mass.) "Negligence" and serious 366 (Ind.) Minor unlawfully employed held "willful misconduct" distinguished.-Durgin's Case, 146 N. E. 694. entitled to sue for injuries, notwithstanding 388 (Mass.) Claim for compensation for Workmen's Compensation Act.-Mid-West Box injury not vested right, passing to personal Co. v. Hazzard, 146 N. E. 420.

683.

Even before amendments, Workmen's Com- representative.-Cherbury's Case, 146 N. E. pensation Act applied only to those lawfully389 (N.Y.) Acceptor of award not entitled employed.-Id. to any part of recovery against wrongdoer.Travelers' Ins. Co. v. Brass Goods Mfg. Co., 146 N. E. 377.

367 (Ind.App.) Employer's failure to exact statutory certificate from contractor only creates secondary liability on part of employer.Artificial Ice & Cold Storage Co. v. Waltz, 146 N. E. 826.

367 (Ind.App.) Doubt as to whether workman is employee or independent contractor resolved in favor of former status.-Domer v. Castator, 146 N. E. 881.

373 (Ind.App.) Employer, should protect himself from consequences of horse play among employees by rules.-Western Union Telegraph Co. v. Owens, 146 N. E. 427.

373 (Ind.App.) Injury from kick by mule held in course of employment.-Franklin Tp. v. Litch, 146 N. E. 845.

373 (Ind.App.) Injury held not result of practical joking, participated in by injured employee, but compensable.-May Chevrolet Co. v. Armstrong, 146 N. E. 847.

concrete

373 (Mass.) Injury by fall on floor held not hazard of employment.-Cinmino's Case, 146 N. E. 245.

"Subrogation" within Compensation Law defined.-Id.

Carrier subrogated to full rights of assignor accepting award under Compensation Law.-Id.

393 (Ind.App.) Widow's right to compensation not terminated by marriage voidable for fraud.-Eureka Block Coal Co. v. Wells, 146 N. E. 869.

Annulment of marriage of widow held to relate back to time of marriage as to payment of compensation.-Id.

Receipt for compensation by widow on remarriage held not to prevent reinstatement as dependent.-Id.

Award reinstating widow as dependent on annulment of marriage should be for remainder of compensation period.-Id.

(C) Proceedings.

397 (Ind.App.) Employer contesting appli373 (Ohio) Motion picture operator's loss cation cannot question Industrial Board's juof sight held not compensable.-Industrial risdiction.-Eureka Block Coal Co. v. Wells, Commission of Ohio v. Russell, 146 N. E. 305. 146 N. E. 869. 375(1) (1.) Injury to salesman returning 398 (II.) Word "employee," in Compensafrom buying cigars for customer held compensa- tion Act, as to defects in notice, held clerical ble as "arising out of and in course of employ- misprision, and to mean employer.-Yellow Cab ment."-Solar-Sturges Mfg. Co. v. Industrial Co. v. Industrial Commission, 146 N. E. 160. Commission, 146 N. E. 572. Furnishing of medical services held payment of compensation, extending time for claim.-Id.

375(1) (Ind.App.) Injury to employé, falling from window during rest period, held compensable as "arising out of and in course of employment."-National Biscuit Co. v. Roth, 146 N. E. 410.

Employé doing what he might reasonably have been expected to do not without scope of employment.-Id.

375(1) (Ind.App.) Injury to messenger boy attempting to climb fire escape while at play held not compensable.-Western Union Telegraph Co. v. Owens, 146 N. E. 427.

401 (III.) Compensation claimant held not to have shown liability for injury under allegations in application.-Consumers' Co. v. Industrial Commission, 146 N. E. 539.

403 (III.) Common-law rules as to burden of proof applicable in compensation case.-Mehay v. Industrial Commission, 146 N. E. 494: Consumers' Co. v. Industrial Commission, 146 N. E. 539.

on employer to 403 (Ind.App.) Burden prove employé forfeited compensation by fail

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
ure to obey rule.-National Biscuit Co. v., ability" to so do, held not to support award.—
Roth, 146 N. E. 410.
Northern Indiana Power Co. v. Hawkins, 146
N. E. 879.

403 (Ind.App.) Burden on employer to show workman not employed in usual course of business.-Domer v. Castator, 146 N. E. 881. 405 (1) (Ill.) Evidence held to show employer had notice of accident within 30 days.Yellow Cab Co. v. Industrial Commission, 146 N. E. 160.

405 (1) (III.) Industrial Commission should make finding in favor of party in whose favor evidence preponderates.-Mehay v. Industrial Commission, 146 N. E. 494.

Finding of Industrial Board must be sufficient to support award.-Id.

416 (Mass.) Order of superior court remitting matter to Industrial Board held error. -McCracken's Case, 146 N. E. 904.

4162 [New, vol. IIA Key-No. Series] (Mass.) Decree requiring payment of compensation in accordance with agreement held erroneous, in view of prior order recommitting matter to Industrial Board.-McCracken's Case, 146 N. E. 904.

405 (1) (III.) Claimant must prove injury 417 (34) (Ind.App.) Industrial Board's orby greater weight of evidence.-Lehigh Stone der suppressing depositions not appealable.Co. v. Industrial Commission, 146 N. E. 533. D'Agostino v. General American Tank Car Corporation, 146 N. E. 216.

405 (1) (Ind.App.) Evidence held to sustain finding of gift of compensation not affect-417 (314) (Ind.App.) Orders of Industrial ing third party's liability to employee.-Pitts- Board other than final award not appealable.burgh, C., C. & St. L. R. Co. v. Keith, 146 N. Kuratnik v. Illinois Steel Co., 146 N. E. 216. E. 872.

405 (2) (Ind.App.) Evidence held to sustain finding workman was employee and not independent contractor.-Domer v. Castator, 146 N. E. 881.

Evidence held to sustain finding that workman, hired to supervise repairing of house, was employed in usual course of business. Id.

405 (4) (II.) Evidence held to warrant finding of permanent disability caused by accident. -Perry County Coal Corporation v. Industrial Commission, 146 N. E. 468.

405 (4) (III.) Accidental injury resulting in disability not shown. Mehay v. Industrial

Commission, 146 N. E. 494.

417(314) (Ohio) Appeal from order denying compensation for occupational disease not allowed. Industrial Commission of Ohio V. Monroe, 146 N. E. 213.

in reversing compensation case on error con417(5) (Ind.App.) Appellate court justified fessed where appellee has not filed brief on merits.-Western Union Telegraph Co. v. Owens,

146 N. E. 427.

417 (7) (III.) Court will give due weight to finding of Industrial Commission. Mehay v. Industrial Commission, 146 N. E. 494. unless against weight of evidence.-Id. Finding of compensable injury conclusive,

405 (4) (III.) Evidence held to show inca-417(7) (Ind.App.) Industrial Board's conpacity from hysteria caused by electric shock. clusion on evidential facts not disturbed.-Na-Harrisburg Coal Mining Co. v. Industrial tional Biscuit Co. v. Roth, 146 N. E. 410. Commission, 146 N. E. 543.

405 (4) (Ind.App.) Finding appendicitis had its source in injury to spine sustained.-Star Pub. Co. v. Johnson, 146 Ñ. E. 765.

405 (5) (Ill.) Evidence held insufficient to sustain finding of partial dependency of parents. -Peterson v. Industrial Commission, 146 N. E. 146.

417(7) (Ind.App.) Cause of disease question for Industrial Board.-Star Pub. Co. v. Johnson, 146 N. E. 765.

Finding of Industrial Board on evidence conclusive.-Id.

417(7) (Ind.App.) Finding of Industrial Board on evidence final.-Fox v. Slusser, 146 N. E. 875; Domer v. Castator, 146 N. E. 881. 405 (6) (III.) Finding of permanent dis-417 (9) (Ind.App.) Allowance for artificial ability held not impeached by evidence of unsuccessful commercial ventures.--Perry County Coal Corporation v. Industrial Commission,

146 N. E. 468.

405 (6) (III.) Evidence held insufficient to sustain award for permanent total incapacity. New Staunton Coal Co. v. Industrial Commission, 146 N. E. 481.

405 (6) (11.) Evidence held not to support finding of temporary total disability.-Lehigh Stone Co. v. Industrial Commission, 146 N. E. 533.

405 (6) (III.) Evidence held insufficient to sustain finding of permanent partial incapacity from hernia.-O'Gara Coal Co. v. Industrial Commission, 146 N. E. 546.

405 (6) (11.) Evidence held to justify award of compensation.-Solar-Sturges Mfg. Co. v. Industrial Commission, 146 N. E. 572.

405(6) (Mass.) Injury to employee in automobile collision held not result of serious and willful misconduct of foreman.-Durgin's Case, 146 N. E. 694.

416 (11.) Pleading in compensation case should be consistent with Commission's findings.-Consumers' Co. v. Industrial Commission, 146 N. E. 539.

416 (Ind.App.) Industrial Board's failure to make finding equivalent to adverse finding. -National Biscuit Co. v. Roth, 146 N. E. 410.

416 (Ind.App.) Petition for review before Industrial Board proper though made more than seven days after award by single member. -Western Union Telegraph Co. v. Owens, 146 N. E. 427.

416 (Ind.App.) Award for medical services held not objectionable as indefinite.-Franklin Tp. v. Litch, 146 N. E. 845.

error could be corrected by modification.eye not authorized under Compensation Act but Franklin Tp. v. Litch, 146 N. E. 845.

418 (4) (11.) Application for compensation Co. v. Industrial Commission, 146 N. E. 539. part of record subject to review.-Consumers'

418(7) (III.) Supreme Court may direct application for compensation be amended.Consumers' Co. v. Industrial Commission, 146 N. E. 539.

419 (III.) Decrease of disability not established by proof of increased earnings.-Seranton & Big Muddy Coal & Mining Co. v. Industrial Commission, 146 N. E. 442.

Burden on party asserting change in disability since award.-Id."

419 (Mass.) Finding by member of Industrial Accident Board, from whose decision no review is asked, is final.-Brode's Case, 146 N. E. 731.

Finding of single member of Industrial Accident Board that incapacity was at end held conclusive.-Id.

MECHANICS' LIENS.

II. RIGHT TO LIEN.

(C) Agreement or Consent of Owner.

58 (Ind.App.) Materialmen and laborers making repairs under contract with tenant held to acquire lien against landlord's interest.Mancourt v. Wissel, 146 N. E. 423.

(D) Persons Entitled in General. 93 (Mass.) Lien held not affected by fail416 (Ind.App.) Finding of permanent "im- ure to completely perform contract due to ownpairment" to earning wages, rather than "dis-er's breach.-Scholl v. Fleischer, 146 N. E. 725.

III. PROCEEDINGS TO PERFECT. 130(2) (Mass.) Filing separate lien on buildings on contiguous lots held unnecessary. -Scholl v. Fleischer, 146 N. E. 725.

MINES AND MINERALS.

II. TITLE, CONVEYANCES, AND
CONTRACTS.

(A) Rights and Remedies of Owners.
48 (III.) Coal under soil is real estate,
capable of being held in fee by person other
than owner of surface.-Fowler v. Marion &
Pittsburg Coal Co., 146 N. E. 318.

(C) Leases, Licenses, and

Contracts.

56 (III.) Coal lease is grant of interest, and not mere license.-Fowler v. Marion & Pittsburg Coal Co., 146 N. E. 318.

62(1)(III.) Coal lease held to convey freehold estate. Fowler v. Marion & Pittsburg Coal Co., 146 N. E. 318.

Extent of interest conveyed by mining lease depends on intention of parties, to be ascertained from language used.-Id.

70(6) (I.) Bill to enforce forfeiture of coal lease for nonpayment of royalties held insufficient.-Fowler V. Marion & Pittsburg Coal Co., 146 N. E. 318.

Lease not forfeited for ground other than that pleaded and stated in notice of forfeiture. -Id.

III. OPERATION OF MINES, QUARRIES.
AND WELLS.

(B) Mining Partnerships and Companies.
105(1) (III.) Coal corporation not a "pub-
lic utility."-Cleveland, C., C. & St. L. Ry. Co.
v. Commerce Commission, 146 N. E. 606.

See Infants.

MINORS.

MORTGAGES.

I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Conveyances as Security.

20 (III.) Right of redemption not barred except in mode recognized by law.-Williams v. Williston, 146 N. E. 143.

III. CONSTRUCTION AND OPERATION. (B) Parties and Debts or Liabilities Secured.

112 (Ind.App.) Each of mortgagees held to own an undivided half interest in mortgage and in notes secured thereby.-Anderson Banking Co. of Anderson v. Gustin, 146 N. E. 331.

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315(1) (Ind.App.) Satisfaction of mortgage by husband held not to release interest of wife therein.-Anderson Banking Co. of Anderson v. Gustin, 146 N. E. 331. held to 319(3) (Ind.App.) Facts found warrant inference that broker was not to procure credit on purchasers' contract as agreed until completion of building on lot.-Furman v. Glueck, 146 N. E. 586.

X. FORECLOSURE BY ACTION.

(1) Judgment or Decree and Execution. 494 (III.) Requirement that commissioner's sale of property be confirmed by court is good and safe practice.-Moeller v. Miller, 146 N. E. 449.

(J) Sale.

foreclosure statute 501 (II.) Mortgage held not void as violating due process clause.Hall v. American Bankers' Ins. Co., 146 N. E. 137.

Mortgage foreclosure statutes held not repugnant, and did not deprive mortgagor of right of foreclosure sale at public vendue.-Id. Mortgage foreclosure statute requiring sale of premises "immediately" on expiration of redemption period, held constitutional.—Id.

504 (11.) Sale under foreclosure decree not enjoined because of mortgagee's contract to sell premises and not assist any one to redeem.Hall v. American Bankers' Ins. Co., 146 N. E. 137.

When sale under foreclosure decree will not be enjoined for errors or fraud, stated.-Id.

526 (1) (III.) Where decree of sale requires confirmation by court sale is not consummated until confirmed.-Moeller v. Miller, 146 N. E. 449.

Chancellor has broad discretion in matter of approving sale, where no right of redemption exists, and deed is not made until after confirmation.-Id.

526 (2) (III.) Where master's sale properly conducted, mere inadequacy of price will not justify court in refusing confirmation of sale, unless so great as to amount to fraud.-Moeller v. Miller, 146 N. E. 449.

To warrant refusal of confirmation of sale on ground of inadequacy of price amounting to fraud, further fact that there is no right of redemption must exist.-Id.

Sale price of property held so grossly inadequate as to amount to legal fraud warranting refusal of confirmation, and granting resale.

V. ASSIGNMENT OF MORTGAGE OR DEBT.
236 (Ind.App.) Assignment of notes
cured by mortgage held to operate as an equita--Id.
ble assignment pro tanto of mortgage.--Ander-
son Banking Co. of Anderson v. Gustin, 146
N. E. 331.

527 (III.) Master's certificate does not give purchaser title, but merely right to receive redemption money or deed on expiration of re244(2) (Ind.App.) Mortgage assignee held demption period.-Williams v. Williston, 146 N. not entitled to rely on representations that529 (3) (III.) Though sale not required to mortgage assigned to it was a first mortgage. be confirmed by court, it should on proper com-Anderson Banking Co. of Anderson v. Gus-plaint be set aside for fraud or gross irregu

tin, 146 N. E. 331.

249(3) (Ind.App.) Mortgagee's release of mortgage held to deprive assignee of mortgage notes of so much of her equitable interest in mortgage as secured undivided one-half of each of notes held by her.-Anderson Banking Co. of Anderson v. Gustin, 146 N. E. 331.

VI. TRANSFER OF PROPERTY MORT-
GAGED OR OF EQUITY OF
REDEMPTION.

E. 143.

larity. Moeller v. Miller, 146 N. E. 449. unfairness in addition to inadequacy of price 529 (7) (II.) Any circumstance indicating warrants resale.-Moeller v. Miller, 146 N. E.

449.

(0) Operation and Effect.

586 (11.) Owner of equity of redemption has same estate before and after foreclosure sale.-Williams v. Williston, 146 N. E. 143. XI. REDEMPTION.

292 (8) (Ind.App.) Cannot be foreclosed as against purchaser complying with terms of 591 (1) (III.) Right of redemption purely vendor's note and mortgage.-Furman statutory.-Hall v. American Bankers' Ins. Co., Glueck, 146 N. E. 586. 146 N. E. 137.

V.

296 (III.) Agreement between purchaser at foreclosure and owner of equity of redemption,

594 (1) (III.) Redemption may be made by any person if holder of certificate of sale ac-,

949

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER cepts redemption money.-Williams v. Williston, (E) Assessments for Benefits, and Special 146 N. E. 143.

Taxes.

594 (2) (Ill.) Owner of equity of redemp-405 (III.) "Special assessments" defined.tion entitled to confess judgment to enable Carlyle v. Bartels, 146 N. E. 192. creditor to redeem.-Williams v. Williston, 146 N. E. 143.

Right of judgment creditor to redeem dependent on statute only.-Id.

MUNICIPAL CORPORATIONS.

See Counties; Schools and School Districts;
Street Railroads; Towns.

II. GOVERNMENTAL POWERS AND FUNC-
TIONS IN GENERAL.

57 (III.) Powers derived from General Assembly.-City of Rockford v. Nolan,. 146 N. E.

564.

58 (111) Statute granting powers strictly construed.-City of Rockford v. Nolan, 146 N. E. 564.

59 (III.) "Implied powers" necessarily incident to express powers.-City of Rockford v. Nolan, 146 N. E. 564.

V. OFFICERS, AGENTS, AND EMPLOYÉS.
(A) Municipal Officers in General.
162 (3) (Ohio) Mayor not required to pay
fees in state cases into city treasury.-State v.
Nolte. 146 N. E. 51.

168 (Mass.) Mayor executive head having supervision of all departments.-Rollins v. City of Salem, 146 N. E. 795.

(B) Municipal Departments and Officers Thereof.

187 (Ohio) Interpretation of by-law by trustees of police pension fund held arbitrary. -State v. Carter, 146 N. E. 56.

(C) Agents and Employés.

214(1) (Ohio) City held authorized to employ secret service officers.-State v. Bowen,

146 N. E. 108.

218(2) (Mass.) Boston, in discharging laborers, is subject to civil service rules.-Cassidy v. Transit Department of City of Boston, 146 N. E. 357.

501 (III.) Objection to improvement assessment held improperly stricken.-City of Greenville v. Miller, 146 N. E. 463.

508 (2) (III.) Statute authorizes only joint or several appeal from judgment confirming special assessment; "severally."-City of Momence v. Kirby, 146 N. E. 142.

OF PUBLIC PLACES, PROPERTY, AND WORKS. (A) Streets and Other Public Ways. ~703(1) (III.) Ordinance requiring bailor of automobiles for hire to obtain policy providing for payment of judgment for damages from bailee's negligence, void.-City of Rockford v. Nolan, 146 N. E. 564. automobile

XI. USE AND REGULATION

705 (4) (Mass.) Unregistered nuisance on highway.-Brown v. Alter, 146 N. E. 691.

705(10) (Mass.) Contributory negligence of automobile driver precludes recovery, though other car was unregistered.-Brown v. Alter, 146 N. E. 691. negligence 706 (7) (Mass.) Contributory of pedestrian held for jury.-Newman v. Hill, 146 N. E. 46. 706 (7) (Mass.) Whether pedestrian acted with reasonable prudence held for jury.-Walsh

v. Feinstein, 146 N. E. 355.

707 (Mass.) Evidence of operating automobile so as to endanger public held for jury. -Commonwealth v. Leone, 146 N. E. 26.

Evidence of position and speed of automobile and car passed by it held relevant.-Id. Square held a "way" within statute as to operation of motor vehicles.-Id.

re

707 (Mass.) Instruction on criminal sponsibility of motor vehicle operator held misleading.-Commonwealth v. Vartanian, 146 N.

E. 682.

Instruction held to describe offense in operating motor vehicle.-Id.

218(4) (Mass.) Veterans entitled to notice (B) Sewers, Drains, and Water Courses. and hearing before removal from employment.-710 (Mass.) Property owners claiming unCassidy v. Transit Department of City of Bos- der license to city, which it never exercised, held not licensees to use drain.-A. W. Dodd ton, 146 N. E. 357. & Co. v. Tarr, 146 N. E. 256.

Veteran employed by transit department held entitled to notice and hearing before discharge. -Id.

VII. CONTRACTS IN GENERAL.

226 (III.) Persons contracting with city presumed to know illegality of contract.-De Kam v. City of Streator, 146 N. E. 550.

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747(1) (Mass.) Tax collector "public officer," not agent.-Hodsdon v. Weinstein, 146

236 (Mass.) Employment of consulting engineers not contract for construction.-Rollins N. E. 675. v. City of Salem, 146 N. E. 795.

248(1) (III.) Void contract may not be rat- (C) Defects or Obstructions in Streets and Other Public Ways. ified.-De Kam v. City of Streator, 146 N. E.

550.

252 (Mass.) Incoming mayor may consider 808 (3) (Mass.) Lessee of premises not reterms of pre-existing contract with view of re-sponsible for negligent operation of sidewalk elevator by dealer's driver, delivering supplies moving burdensome conditions.-Rollins v. City to sublessee.-McCarthy v. Waldorf System, of Salem, 146 N. E. 795.

Mayor held justified in settling with archi-146 N. E. 663. tects and going on under new plan at less expense.-Id.

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Lessee of premises not responsible to pedestrian injured by negligent operation of elevator in sidewalk by dealer's driver delivering supplies to sublessee.-Id.

Regulations requiring guards for sidewalk elevator held not to impose liability on lessee of premises for injury to pedestrian by third person's negligence.--Id.

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