Schools and School Districts

161 SOUTHWESTERN REPORTER

1292

(G) Teachers.

SENTENCE. § 135 (Ark.) Knowledge and conduct of school directors who had employed plaintiff to teach See Criminal Law, 88 992, 1206. under an invalid contract held a ratification of the contract.-School Dist. No. 56 v. Jackson,

SEPARATE ESTATE. 161 S. W. 153.

See Husband and Wife, g 138. (H) Pupils, and conduct and Discipline of Schools.

SEQUESTRATION. $ 169 (Ky.) Except as to the parental right $20 (Tex.Civ. App.) In trespass to try title, of control, the power of school authorities over where plaintiffs after sequestration obtained pupils extends to all acts detrimental to the possession by filing a replevin bond held that best interest of the school, whether committed on judgment for defendant they were liable for in school hours or after the pupil's return home. unlawfully cutting and removing timber belong. -Gott v. Berea College, 161 S. W. 204.

ing to the defendants.-Adams v. Burrell, 161

S. W. 51.
SEARCHES AND SEIZURES.

SERVICE.
82 (Ark.) Kirby's Dig. & 1742. (Rev. St. 1837, See Process, 88 66, 142.
c. 44, div. 6, art. 3, § 9), requiring a sheriff on
notice of violations of the gaming law to give

SERVICES. notice to a judicial officer, held not to violate Const. 1874, art. 2, § 15, providing that no See Work and Labor. search warrant shall issue except on probable cause supported by oath or affirmation.-State SET-OFF AND COUNTERCLAIM. v. Williams, 161 S. W. 159.

See Action, $ 25; Executors and AdministraSECONDARY EVIDENCE.

tors, $ 434; Fraud, § 49; Justices of the

Peace, $$ 45, 174; Landlord and Tenant, i See Criminal Law, 88 400, 403.

223; Pleading, 88 228, 355; Sales, § 428. SEDUCTION.

I. NATURE AND GROUNDS OF

REMEDY. II. CRIMINAL RESPONSIBILITY. 83 (Tex.Civ.App.) Rev. Civ. St. 1911, art. § 44 (Mo.) Evidence that, during the period 1325, relating to counterclaims, was enacted fixed by prosecutrix as the period during which to avoid a multiplicity of suits and should be accused kept company with her, he kept com- / liberally construed.- Reeves v. White, 161 S.

W. 43. pany with other girls was properly limited to the particular dates fixed by prosecutrix as the

II. SUBJECT-MATTER. dates accused was in her company.-State v. $ 28 (Tex.Civ.App.) Under Rev. Civ. St. 1911, Bruton, 161 S. W. 751.

arts. 1325, 1329, prescribing the claims which $ 46 (Mo.) Where prosecutrix testified to an may be set off, held that, in an action on a engagement in May, 1910, a letter written by note by his former partner, the defendant might accused to her in July following, wherein he set off a debt due from the plaintiff.-Reeves asked her if she would marry, did not corrobo v. White, 161 S. W. 43. rate promise of marriage, as required by Rev. .8.33 (Tex.Civ.App.) Where plaintiff was inSt. 1909, $ 5235.-State v. Bruton, 161 S. W. dividually indebted to defendant upon a claim 751.

not founded upon a tort or breach of coveThe evidence to be corroborative within Rev. nant, defendant might set off such debt against St. 1909, § 5235, must be evidence of material bis individual debt to the plaintiff, founded on circumstances corroborative of the testimony of a note, and it was immaterial that defendant's the prosecuting witness as to the promise of demand arose out of former partnership trans. marriage.-Id.

actions.-Reeves v. White, 161 S. W. 43. 8 46 (Tex.Cr.App.) There must be some fact, 8 44 (Tex.Civ. App.) The rule that set-offs or independent of the testimony of the prosecu- counterclaims must be due in the same right trix, tending to connect accused with the of- and that a separate debt cannot be set off by fense, to justify a conviction.-James v. State, a joint debt does not prevent the setting off 161 S. W. 472.

of a separate individual debt from one of two Letters purporting to have been signed by ac- partners to the other.-Reeves y. White, 161 S. cused did not corroborate the testimony of prose- | W. 43. cutrix, where there was no testimony except

SETTLEMENT. hers to show that they came from accused.-Id. $ 50 (Tex.Cr. App.) An instruction as to cor

See Arbitration and Award; Payment; Release. roboration held erroneous, and that the court should bave charged that the jury must find

SEWERS. prosecutrix's testimony to be true, and also See Eminent Domain, $ 2. that there was evidence, independent of her testimony, tending to connect accused with the crime. --James v. State, 161 S. W. 472.

SHERIFFS AND CONSTABLES. Court held to have erred in giving and refus- See Officers, $ 110. ing instructions because the jury were not pointedly told that letters claimed to have been writ- III. POWERS, DUTIES, AND LIABILI. ten by accused could not be considered as cor

TIES. roborative evidence, unless there was evidence, other than bers, tending to show that he wrote Sť. 1837, c. 44, div. 6, art. 3, § 9), held, that

8 153 (Ark.) Under Kirby's Dig. $ 1742 (Rev. them.--Id.

in each case it was for the jury in a prosecuSEIZURE.

tion of the sheriff for nonfeasance to determine See Searches and Seizures.

whether the sheriff had such knowledge or probable cause to give notice.-State v. Williams,

161 S. W. 159. SELF-DEFENSE.

Although Kirby's Dig. § 1742 (Rev. St. 1837, See Homicide, 88 188, 300; Mayhem, $$ 2, 6.

c. 44, div. 6, art. 3, § 9) requiring the sheriff

to give notice to certain judicial officers of SELF-SERVING DECLARATIONS.

violations of the gaming law, does not say how

such notice shall be given, a proper practice See Criminal Law, $ 413.

requires it to be in writing.--Id.

sense

а

SIDEWALKS.

clear and convincing as to leave no reasonable

doubt of its existence and terms.-Hersman v. See Municipal Corporations, $8 663, 768, 772, Hersman, 161 S. W. 800. 794-816.

Evidence, in a suit for specific performance of SIGNALS.

an oral contract to convey, held not to show that

defendant promised to convey to plaintiff in conSee Master and Servant, & 103.

sideration of services to be rendered by her to

her and defendant's parents.-Id. SIGNATURES.

STARE DECISIS.
See Appeal and Error, $ 361; Deeds, 8 31; Mu-
nicipal Corporations, 88 292, 325.

See Courts, 88 89, 90.
SLANDER.

STATEMENT.
See Libel and Slander.

See Appeal and Error, $ 1133; Criminal Law,

88 1090, 1097-1102 ; Witnesses, 88 379 410. SLAUGHTER HOUSES.

STATES. See Municipal Corporations, 88 591, 611.

See Constitutional Law, $ 129; Licenses, $ 6; SNOW.

Municipal Corporations, $864-73; Physi

cians and Surgeons, 8 11; Public Lands, s See Municipal Corporations, $ 772.

176. SODOMY.

II. GOVERNMENT AND OFFICERS. $5 (Mo.) Rev. St. 1909, $ 4726, punishing $ 66 (Tex.Cr.App.) In a popular every person committing the crime against na- "state officer" is one whose jurisdiction is coture with the sexual organs or with the mouth extensive with the state, while in a more enenlarges the common-law offense, and the acts larged sense a "state officer" is one who reby which the crime is committed 'must be desig. ceives his authority under the laws of the state. nated at least in a general way.-State v. Well

--Ex parte Preston, 161 S. W. 115. man, 161 S. W. 795.

An information alleging that accused com- IV. FISCAL MANAGEMENT, PUBLIC mitted the crime against nature by having sex

DEBT, AND SECURITIES. ual intercourse with prosecutrix with his mouth

§ 137 (Tenn.) The officers of the state upon does not charge the crime as defined by Rev. St. whom is imposed the duty of disbursing the 1909, 8 4726, notwithstanding the statute of public funds can question the validity of an jeofails (section 5115).-Id.

appropriation made by the Legislature.-State

v. Woollen, 161 S. W. 1006. SPECIAL LAWS. See Statutes, $ 79.

STATUTES.

For statutes relating to particular subjects, see SPECIFICATION OF ERRORS. the various specific topics. See Appeal and Error, $8 724, 732.

1. ENACTMENT. REQUISITES, AND

VALIDITY IN GENERAL.
SPECIFIC PERFORMANCE.

$ 5 (Tenn.) Under Const, art. 3, § 9, author

izing an extraordinary session by proclamation II. CONTRACTS ENFORCEABLE.

for stated purposes, the Governor could qualify 8 42 (Mo.) Acts claimed to have been done in the general subject “appropriations” by "necpart performance of an oral contract to convey essary to maintain the state's institutions."must be referable only to the contract, and not State v. Woollen, 161 S. W. 1006. explainable on any other theory than that they An appropriation of $25,000 to the National were done in part performance of the contract. Conservation Exposition Company, made by the -Hersman v. Hersman, 161 S. W. 800.

Legislature in extraordinary session called to $51 (Mo.) To authorize a decree of specific not embraced within the call of the Governor,

make appropriations for state institutions, held performance of an oral contract to convey, and void under Const. art. 3, § 9, prohibiting an where there has been part performance, the consideration of the contract must have been extraordinary session from entering on any busifair.-Hersman v. Hersman, 161 S. W. 800.

ness except that embraced within the call.-Id. $ 80 (Mo.) A contract between distributees to II. GENERAL AND SPECIAL OR LOmeet and divide the property, and, if they fail

CAL LAWS. ed to agree, to select arbitrators to appraise each acre held not a proper subject for specific residents from registration of motor vehicles,

$ 79 (Ky.) Act 1910, c. 81, 87, exempting nonperformance.-Ferrell v. Ferrell, 161 S. W. 719.

An agreement to name arbitrators cannot be payment of the license tax, etc., where they specifically enforced.-Id.

have already complied with similar laws of their

own state, does not discriminate against the citiIV. PROCEEDINGS AND RELIEF.

zens of the state within state Const. $ 60.-City

of Newport v. Merkel Bros. Co., 161 S. W. 549. $114 (Tex.Civ.App.) A petition held to allege such performance on the part of the vendor as IV. AMENDMENT, REVISION, AND entitles him to specific performance, even if the

CODIFICATION. contract was not in writing.–Fahey v. Benedetti, 161 S. W. 896.

$ 141 (Ky.) Under Const. 8 51, forbidding the

amendment of an act without re-enactment and $ 121 (Mo.) In an action for the specific per- publication at length, and Act March 16, 1906 formance of an alleged oral contract, evidence (Laws 1906, c. 29), entitled an act to amend St. held to sustain a finding of the making of the 1903, § 4425, relating to the examinations and contract and of performance of the considera- certificates of teachers, held, that the amendation.-Merrill v. Thompson, 161 S. W. 674.

tory act was not an addition thereto, not having $ 121 (Mo.) To authorize a decree compelling republished any of the former section, but was a specific performance of an oral contract to con- substitute for it, so that the former section was vey, upon proof of part performance, the con- no longer in force.-Flynn v. Barnes, 161 S. W. tract to convey must be shown by evidence so i 523.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

V. REPEAL, SUSPENSION, EXPIRA- therewith, such construction will be followed.-TION, AND REVIVAL.

Cave Hill Cemetery Co. v. Gosnell, 161 S. W.

980. 8 159 (Ky.) A statute will not be construed as repealing a prior statute by implication un

8 221 (Tex.Civ.App.) It will be presumed that less so clearly repugnant thereto as to admit of the Legislature knew when it enacted the Emno other reasonable construction.-City of Hen- ployers' Liability Act, that contributory negliderson v. Connell, 161 S. W. 1121.

gence would bar a recovery by employé.-St. Louis, B. & M. Ry. Co. v. Vernon, 161 S.

W. 84. VI. CONSTRUCTION AND OPERA.

$ 230 (Mo.) In the interpretation of amended TION.

statutes, the state of the old law, the mischiefs (A) General Rules of Construction. arising thereunder, and the remedies provided

therefor in the new law, are to be considered.88 174, 175 (Mo.) All laws must receive a ra

Armor y. Lewis, 161 S. W. 251. tional and not an arbitrary construction.-State ex rel. Spriggs v. Robinson, 161 S. W. 1169.

(B) Particular Classes of Statutes. 8 188 (Mo.) Even in construing statutes, the 8 241 (Mo.) Where the penalty is onerous, no plural is generally included in the singular number, and the masculine gender is construed to of a penal statute unless his acts come within

one can be held to have violated the provisions include the feminine.-Garrett v. Wiltse, 161 S. both the letter and the spirit of the law.-State W. 694.

ex rel. Spriggs v. Robinson, 161 S. W. 1169. § 194 (Mo.) Where a law designates several matters to be governed by its provisions, and

(C) Time of Taking Effect. by general language includes other acts not spe $ 253 (Ark.) Acts 1911, p. 275, relative to cifically named, it must be construed to apply liability of railroad companies for failure to only to things of the same general nature as keep a lookout, though approved May 26, 1911, those set out.-State ex rel. Spriggs v. Robin- held not in force until 90 days after adjournson, 161 S. W. 1169.

ment of the legislature, June 2, 1911, and not $220 (Ky.) Where the Legislature has long applicable to an accident on May 29, 1911.acquiesced in the construction of a statute, and St. Louis, I. M. & S. R. Co. v. Roddy, 161 has framed its legislative policy in accordance / S. W. 156.

195 Š 242

.1025 / $ 93

STATUTES CONSTRUED. UNITED STATES. 1 $ 965

166

KENTUCKY.
$ 1122

1039
CONSTITUTION.
$ 1340

166 CONSTITUTION.
Amend. 14
789 $ 1742

159
$8 2, 51

523 Art. 1, § 10..

.1000
2220

139
$ 60

549 $ 2390

145 STATUTES AT LARGE.

§ 155

561 $ 2742

185
$$ 157, 158

560 1908, April 22, ch. 149, 35

3088

139
$ 164

513 Stat. 65

239, 246
3137

195
$ 181

9SS
554, 557, 1129
3157, subsec. 3.

.1118 1908, April 22, ch. 149, § 1,

3998

162 35 Stat. 65..

.1136
4670

201

CIVIL CODE OF PRAC1908, April 22, ch. 149 ($ 9

5035

183

TICE. added by Act 1910, April

5586

173 5, ch. 143, § 2, 36 Stat.

6285

136
§ 10, subsec. 4..

526 291)

..1136
6313

39
134

528 1910, April 5, ch. 143, § 2, 7947

.1111 36 Stat. 291..

7948
.1136

.1060
$ 113, subsec. 4.

239 1911, March 3, ch. 231, §

$ 315

513 245, 36 Stat. 1158......

$ 439 450 REVISED STATUTES 1837. Š 474

516

513 REVISED STATUTES. Ch. 44, div. 6, art. 3, § 9.. 159

8 491

983 $ 518, subsec. 7.

.1124 § 5210 512

$$ 543-547

983 SPECIAL & PRIVATE 606

217 COMPILED STATUTES

LAWS.
606, subsec, 7..

217 1901.

1911, p. 218, § 2........ 499
Page 3498
512

STATUTES 1903.
LAWS.
4425

523 COMPILED STATUTES

4425. Amended by Laws SUPP. 1911, 1897 (Ex. Sess.) p. 22..... 170 1906, ch. 29

523 Page 229 450 1907, p. 166

170 Page 1322 239, 246, 554 1907, p. 353, ss 1, 2. 1066

STATUTES 1909.
557, 1129, '1136 1909, p. 751

. 1052
§ 319

510 Page 1325

1909, pp. 835, 837, 842, $8
1136
7, 8, 16

$ 571
.1057

.570, 1124 1911, p. 275

$$ 654, 655, 671.

.1102 156

809 ARKANSAS.

..1116 1913, p. 791..

170

795 | Art. 58

523 § 5245
519 $ 5313

795 $ 8295

73

$$ 3991-4000
...1120, $ 4528

736, CODE OF CRIMINAL PRO-
$$ 407744080, 4083
222 8 4726

795

CEDURE 1911. 4281a 510 $ 4818

877 $8 4287-4300 508 88 5103, 5104 736 Arts. 43, 44

115 4306 508, 513 Š 5115

478
§ 4679b
513 $ 5231
756 Art. 238

93
$ 5235
751 Art. 528 et seq..

458
LAWS.
$ 5244

848
Art. 750

.1098

101

770 Arts. 791, 808. 1906, ch. 29

459 1910, ch, 81.

.674, 680 Art. 810 1910, ch. 81, 8 7. 5425

971 549

. 1159 Art. 919 1910, ch, 83

988
6313

791

PENAL CODE 1911. 1912, chs. 47, 90.

.1187 564 / 8 6354 1912, ch. 113. 1121 / 8 7180

286 | Art. 6

112
$ 7181
624 | Art. 10

478
88 7182, 7181
286 Art. 15

118
MISSOURI.
$87227, 7228
848 Art. 50

121
8 7413
357 Arts. 349, 424.

115 CONSTITUTION.

7568
589 Art. 471

971 Art. 1, $ 1.

853
7586
298 Arts. 506, 561, 611.

115
Art. 2, § 15
.1169 $ 7883

360 | Art. 1141

101 Art. 2, § 22

281 Art. 3 .11698 8317

1169 | REVISED STATUTES 1895.
Art. 4, § 1.
.11698 9253

794
Art. 1194

19 Art. 10, § 1

.1155 88 9568–9570. Repealed by Art. 10, $ 3.

794, 1155

Laws 1913, p. 651, 8

139 Art. 10, § 11.

.1166

REVISED CIVIL STAT-
..1155
Art. 11, § 8.

UTES 1911.
$ 9996
789

875
$ 10023
613 Art. 747

. 1090 REVISED STATUTES 1889. $8 10025, 10029

881 | Art. 759

931
$ 10090
601 Art. 769

8
§ 147 ...
... 842 Š 10160

875 Arts. 844, 856, 965.

948
10161
601 Arts. 1325, 1329...

43 REVISED STATUTES 1899. $ 10222

.875, 881 Art. 1330

937 § 3620 251 88 10533, 10576–10610.... 583 Art. 1612

78 $87897, 7900

667
8 10784

756 Art. 1612. Amended by

Laws 1913, ch. 136..

CITY CHARTERS. REVISED STATUTES 1909.

Art. 1614

70 Kansas City 1909, art. 1, 8

Art. 1869

443 8 332

251
1, par. 13
261 | Art. 1990

960
$ 476
341 Kansas City 1909, art. 3, 8

Art. 2393

1090 $ 1112

601
1, pars. 16, 41... 261 | Art. 3712

927
1737
859

Art. 3743

911 1794

714
LAWS.
Art. 3785, subsec. 5.

5 $8 1800, 1804 320, 760, 1175

401

251 Art. 3965 SS 1806, 1807

1895, p. 185..... 812

Art. 4694 $ 1831

1911, p. 130, § 8. Amend760

Art. 5475 ed by Laws 1913, p. 143

939 $ 1832 357

5 1846

609

1911, p. 139 $ 1850

770

Arts. 5659, 5661, 5665... 921 .643, 868

Art. 5676

300 8 1882 1911, p. 153

907 681

.1077 $ 1889, subsec. 5.

1913, p. 143 et seq.. 337

Art. 5728

1166 $ 1974 1913, p. 651, § 139.

128 593

Art. 6097

892 1985 .320, 335

Art. 6097, subsec. 3.

892 2023

664
TENNESSEE. Arts. 6601, 6602

914
2029
812

Art. 6649

.84, 405 8 2029. Repealed by Laws

CONSTITUTION.
Art. 6713

405 1911, p. 139

770

Art. 1, § 22... 8 2081

485 Art. 7399

944 .1190

Art. 2, § 25.... $ 2082

994 Art. 7796

925
643
2083

.1006
Art. 3, § 9.
.1190

SAYLES' ANNOTATED § 2119, subsecs. 8, 9, 14. 714

SHANNON'S CODE.

CIVIL STATUTES 1897. $ 2125–2132, 2166.

760 2263

874
$ 1069

994 Arts. 386a-386c, 776 411
2273
589 $8 5187, 6103, 6104. ..1131 | Art. 947

78 2275

.1016, 1017 Art. 2395, subsec, 5.. 47 2279

865 2380

LAWS. 858

LAWS. 2381 850 | 1877, ch. 31. .488, 1131 | 1897, ch. 12

459 $$ 2382, 2385, 2387, 2388.. 714 1891, ch. 122 .488, 1131 | 1897, ch. 21

101 2391 842 1895, ch. 81

.488, 1131 1905, ch. 124, $ 58. Amend8 2415 352 1903, ch. 103

485

ed by Laws 1909, ch. 12,
2535
.681, 760, 812 | 1903, ch. 140, $ 1.

492
81

67
$8 2572, 2575.
829 | 1907, ch. 149, § 25. .1000 1909, ch. 12, § 1..

67 2609 865 1911, ch. 32

. 1016 | 1909 (1st Ex. Sess.) ch. 2793 593

10

81 694

1909 (1s Ex. ess.) ch. 88 2881, 2887

862
TEXAS.
36

54
$$ 3039, 3040
789

1911, ch. 23.

478 $$ 3145, 3146 277 CODE OF CRIMINAL PRO- 1911, ch. 24

.1091 8 3150

1190
CEDURE 1895.
1911, ch, 119

459
4344
680 Art. 723. Amended by 1911, ch. 119, $ 7.

124 4458 723 Laws 1897, ch. 21.... 101 | 1913, ch. 116.

118 4480

756 Art. 904.
Amended by 1913, ch. 132

.112, 1098
4509
705 Laws 1897, ch. 12..... 459 | 1913, ch. 136

73

.1077

et seq.

.1155 Art. 5490

.1155 Art. 5686

865, 874 8 6441

2810

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER

STIPULATIONS.

held not negligence.-Johnson v. Springfield

Traction Co., 161 S. W. 1193. See Telegraphs and Telephones, $ 54.

$ 102 (Mo.App.) The injury must have prox$ 14 (Tex.Civ.App.) An agreement of the par- imately resulted from the negligence complained, ties in trespass to try title, which stipulates that though such negligence was alleged to be the vio it was agreed that the defendants claiming un-lation of a speed ordinance.-Battles v. United der junior patents have such title as was vested Rys. Co. of St. Louis, 161 S. W. 614. in the junior patentees, relieves defendants of $ 112 (Mo.App.) That a street car, which the burden of establishing the consecutive links caused the injury, was running at a speed proin their respective chains of title, and satisfies hibited by ordinance does not raise the presumpthe requirement of the three-year statute of tion that the injury was caused by such excessive limitations that there shall be color of title from speed.-Battles v. United Rys. Co. of St. Louis, the sovereignty.-Campbell v. Gibbs, 161 S. W. 161 S. W. 614. 430.

The burden was on plaintiff to show that the STOCK.

accident was proximately caused by the neg

ligence alleged.-Id. See Corporations, 88 116, 121.

$ 114 (Mo.App.) Evidence in an action for the

death of a boy by being struck by a street car STOCKHOLDERS.

held not to show that the excessive speed proxSee Banks and Banking, 88 47, 246; Corpora- imately caused the boy's death.-- Battles v. Unittions, § 279.

ed Rys. Co. of St. Louis, 161 S. W. 614.

Evidence held to show that failure to sound a STORAGE.

gong was not the proximate cause of his death. See Pledges, 8 29; Warehousemen.

-Id.

Evidence held not to show that there was such STRAYS.

an impact of the body against the front of the

fender so as to cause it to automatically drop, See Negligence, § 29.

and hence not to show that it was defective,

though it failed to drop.-Id. STREET RAILROADS.

Evidence held to show that the boy's death

was caused by his own negligence.-Id. See Evidence, 88 474, 53912; Railroads; Taxation, &$ 47, 463;' Trial, ss 191, 243, 252, road for injuries from being struck by the rear

8 117 (Ky.) In an action against a street rail296.

end of its car projecting over a temporary sideII. REGULATION AND OPERATION. walk, held, on the evidence, that whether those $ 81 (Mo.App.) The failure of a street car to care should have anticipated the presence of

in charge of the car in the exercise of ordinary give warning on approaching a crossing is peg- plaintiff on the sidewalk when the car turned, ligence per se.—Battles v. United Rys. Co. of St. and should have kept a lookout or taken other Louis, 161 S. W. 614.

precautions for his safety, was a question for 8.81 (Mo.App.) The vigilant watch doctrine the jury-Brentlinger v. Louisville Ry. Co., 161 is in force as part of the common law, without S. W. 1107. any city ordinance to that effect.-Johnson v.

$ 117 (Mo.) In action for injuries sustained in Springfield Traction Co., 161 S. W. 1193.

collision between street car and buggy, evidence $ 90 (Mo.) The motorman in charge of a street held to justify the submission of the case on the car, after discovering a vehicle in danger, was humanitarian theory.-Lyons v. Metropolitan bound to use all reasonable effort consistent with St. Ry. Co., 161 S. W. 726. the safety of persons on board the car to avoid

§ 117 (Mo.App.) In an action for injuries a collision.-Lyons v. Metropolitan St. Ry. Co., from a collision of defendant's car with a 161 S. W. 726.

wagon on which plaintiff was riding, held, that 8 90 (Mo. App.) Plaintiff might recover where a demurrer to the evidence was properly overdefendant could have prevented injury either ruled.—Johnson v. Springfield Traction Co., 161 by sounding the gong or stopping the car and S. W. 1193. failed to do so, and could also recover upon It was for the jury to determine when plaindefendant's negligence in not stopping the car tiff's danger first appeared.--Id. even if the gong was being sounded.—Johnson

$118 (Mo.App.) In an action against a street v. Springfield Traction Co., 161 S. W. 1193.

railway for personal injuries from a collision, The doctrine of vigilant watch requires that an instruction stating generally the duty of dea motorman on the "first appearance of dan- fendant, followed with a specific application ger" to a vehicle on the track shall stop the of the doctrine, held proper.- Johnson v. Springcar in the shortest time and space possible, field Traction Co., 161 S. W. 1193. which, in a case where he saw or might have seen the danger in time to have avoided injury,

STREETS. was between his first vision and the collision.

See Dedication; Municipal Corporations, SS 648, $93 (Ky.) Where the presence of persons 663, 766–821. near a street railway track and danger to them may be reasonably anticipated by those in

STRIKING OUT. charge of cars, held, that it was their duty to See Appeal and Error, $ 767. maintain a lookout for such persons and to exercise such care for their safety as might usually be expected of persons of ordinary pru

STUDENTS. dence under the circumstances.-Brentlinger v.

See Colleges and Universities, $ 9. Louisville Ry. Co., 161 S. W. 1107. $ 95 (Mo.App.) Where, when he saw a boy on

SUBROGATION. the track, the motorman had only an instant in which to act, and immediately reversed the car $ 4 (Mo.) Where an accommodation indorser, and applied the air brakes, believing he did not after a note was dishonored, paid it, and subse. have time to do that and also lower the fender, quently the note was again paid by the maker, he was not negligent in not lowering the fender. the indorser was subrogated to the rights of the Battles v. United Rys. Co. of St. Louis, 161 s. maker, and could recover from the payee the W. 614.

amount so paid by the maker.-Havlin v. Con. 8 99 (Mo.App.) The mere use of a publictinental Nat. Bank of St. Louis, 161 S. W. 741. street, no part of which was set apart for the § 24 (Ark.) The provision in a construction exclusive use of a street railway, by driving on contract for the retention by the owner of 15 the part of the street occupied by its car track, per cent of the contract price after completion

Id.