to return to a home freed from interference.Fraser v. Fraser, N. J., 101 Atl. 58.

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34. of Electricity - Use Streets. Electric lighting company using streets for poles and instrumentalities cannot be required to relocate them for the benefit of a competitor of later origin. Los Angeles Gas & Electric Co. v. City of Los Angeles, U. S. D. C., 241 Fed. 912.

35. Eminent Domain-Public Use.-Property devoted to public use is subject to power of eminent domain if impliedly given by the Constitution or statute, but cannot be taken for same use for which it is already used, or for which use it is in good faith being held.-Marsh Mining Co. v. Inland Empire Min. & Mill. Co., Idaho, 165 Pac. 1128.

36.- -Separate Valuation.-In valuing condemned land underlying stone is component part of land, and should not be valued separately, though it may be shown to what extent land is enhanced in value by stone.-Ross v. Commissioners of Palisades Interstate Park, N. J., 101 Atl. 60.

37.

Estoppel-Pleading and Practice.-In action of trespass against board of commissioners of roads and revenue of county for cutting fence erected by plaintiff across road, direction of which he had been authorized to change, though board had later rescinded its action, though fact that plaintiff appeared before board and requested order for change of road would have operated as estoppel against him to dispute board's jurisdiction, it was not available to board in absence of special plea of estoppel.-Jackson v. Bohlin, Ala., 75 So. 697.

38.- -Title by Entirety.-One who recognized title of children of his wife to the entirety of property sold to her by appraising it as belonging to them and filing inventory of it as such as against purchasers from her heirs could not contest title of such heirs, nor could his heirs contest such title.-W. K. Henderson Iron Works & Supply Co. v. Highouse, La., 75 So. 729.

39. Explosives Extraordinary Care.-Road construction contractors are required to exercise highest degree of care to prevent leaving dynamite in a vacant house where children might come in contact with it.-McTighe, Hughey & McTighe v. Johnson, Miss 75 So. 600.

40. Fixtures-Conditional Sale.-A vendor, retaining title by conditional sale or otherwise under agreement entirely lawful, may permit chattel to become so inseparable from the realty that they become a part thereof.-In re Seward Dredging Co., U. S. C. C. A., 242 Fed, 225.

fore this cause of action was outlawed.-Whitman v. Seaboard Air Line Ry., S. C., 92 S. E. 861. 43. Frauds, Statute of-Parol Agreement.Oral agreement between devisee and disinherited heir that will should not be probated but should be treated as destroyed according to understanding of testatrix, although not referring specifically to real estate, held void under statute of frauds since title vested in the devisee on testatrix's death.-Trimble v. Donahey, Wash., 165 Pac. 1051.

46.

Husband and Wife Gift.-Where husband purchased land and caused a conveyance to his wife amounting to a gift to the wife, her surrender of the deed to him and its destruction would not divest her of title.-Marchant v. Young, Ga., 92 S. E. 863.

47.-Waiver.-A letter written by attorney of a divorced wife to attorney of husband promising to procure from such wife an agreement releasing husband from liability for back payments of alimony held not a waiver of the wife's right to alimony installments under a settlement contract.-Ward v. Goetz, Cal., 165 Pac. 1022.

48. Indictment and Information-Quashing.That foreman of grand jury when a candidate for office of freeholder had suggested in his canvasS that members of existing board of whom deefndant was one were not to be trusted with management of county government, held not to justify quashing indictment where ng malice was averred-State v. Pullis, N. J., 101 Atl. 54.

49. Injunction-City Ordinance.-Saloonkeeper, closing saloon at 10 p. m. as provided in order of Minnesota Public Safety Commission, held not entitled to enjoin enforcement of the order, as the order was directed only against city councils and other governing bodies.-Cook v. Burnquist, U. S. D. C., 242 Fed. 321.

50.-Labor Union.--In employer's suit to enjoin striking members of labor union, where union had not imposed fines or made threats of imposition to enforce purpose in contest with emplover, and hill did not so allege, decree did not need to contain clause forbidding imposition of fines.-W. A. Show Iron Works v. Chadwick, Mass., 116 N. E. 801.

51.

Insolvency-Evidence.-Where trust company now in olvent violated agreement to purchase stock with money loaned on notes to M. by plaintiff's assignor and hold stock as collateral for payee, plaintiff could have dividend computed on full amount of notes although partial payment had been made by makers-McGrath v. Carnegie Trust Co., N. Y., 116 N. E. 787, 221 N. Y. 92.

52. Insurance-Concellation —Where insurer's agent is made the insured's agent to keep his property insured, and is notified of the concellation of a policy, a substituted policy is effective, without actual delivery to insured.--Hollywood

Lumber & Coal Co. v. Dubuque Fire & Marine Ins. Co., W. Va., 92 S. E. 858.

53. Cancellation.-On adjudication of insolvency of domestic stock life insurance company and an order for liquidation of its affairs on petition of insurance commissioner, its outstanding policies were ipso facto canceled, and claim of loss thereafter occurring was not provable by beneficiary, but the policyholder becomes a creditor.-Fuller v. Wright, Ga., 92 S. E. 873.

54. Evidence.-Evidence held to show that it was the intention of the parties that the insurance should be in force for one year as written, but that the premium should not be paid for 10 to 15 days, and not that the insurance should be only for 10 or 15 days.-Columbia Feed & Grain Co. v. American Central Ins. Co., Mo., 196 S. W. 393.

55.- -Foreclosure.-Fire insurance policy provision that if, with insured's knowledge, foreclosure proceedings were commenced, the policy should become void, was not applicable where policy was issued after publication of foreclosure notice.-Terminal Ice & Power Co. V. Commercial Fire Ins. Co., Mo., 196 S. W. 408.

56.-Waiver.-A fire policy provision that no waiver unless written upon or attached to policy is binding, and that unauthorized incumbrance of property avoids policy, are stipulations in favor of company which it may waive by express agreement or conduct.--Continental Ins. Co. v. Bair, Ind., 116 N. E. 752.

57. Intoxicating Liquors-Manufacture.—One who presses juice from grapes, puts it in a vat, and permits it to ferment by natural process with intent to use part of it in the state as a beverage for himself and family, manufactures wine in violation of Gen. Laws 1915, p. 150.-State v. Marastoni, Ore., 165 Pac. 1177.

58.- -Manufacture.-Word "manufacture," as used in Gen. Laws 1915, p. 151, § 5, means to make, irrespective of quantity produced or use to which it is to be put.-State v. Marastoni, Ore., 165 Pac. 1177.

59. Landlord and Tenant---Conditional Sale.Where land was sold, and vendee executed mortgage back to vendor as security for purchase money, and parties agreed that, if vendee did not pay purchase money note each year, he must pay $300 as rent, which on final settlement would be applied on purchase money, transaction was not conditional sale, but, on vendee's failure to make payments when due, he had election to pay rent, creating relation of landlord and tenant.— Avant v. Adams, Ala., 75 So. 714.

60. Implied Warranty.-Upon a demise of real estate there is no implied warranty that the property is fit for occupation or suitable for the use or purpose for which it is hired.-Dadson V. Dixon, N. Y., 165 N. Y. S. 963.

61.- -Repairs.-Tenant's complaint for injuries by fall of water tank should have been dismissed, in absence of evidence of duty contractual or otherwise, on part of landlord, to make repairs, or of negligence in failing to make them.-Samuels v. A. M. Realty Co., N. Y., 165 N. Y. S. 979.

62. Libel and Slander-Pleading and Practice. -Rev. Laws 1910, § 496, declaring that when verdict in action for libel is for plaintiff it shall in no case be less than $100, authorizes a minimum verdict in each action, and not for each act of libel.-Kelly v. Roetzel, Okla., 165 Pac. 1150.

63. Master and Servant-Course of Employment.-Injuries suffered in performance of acts within scope of employment, not forbidden by employer, and necessary to employe's physical welfare while discharging duties, are deemed to have arisen not only in course of, but out of, employment, within Workmen's Compensation Act. In re Borin, Mass., 116 N. E. 817.

64. Unsafe Appliances.-To recover for injury arising from a defective coupler it is not material that the employe did not receive the injury in attempting to make a coupling.-Clapper v. Dickinson, Minn., 163 N. W. 752.

65. Vice-Principal.-Although mere superiority in rank of foreman put in charge of employes does not per se affect his relation of fellow-servant to them, where foreman is en

gaged in discharge of an unassignable duty for master, he is not a fellow-servant, but a viceprincipal-Turner v. Richmond & R. R. Ry. Co., Va., 92 S. E. 841.

66. -Workmen's Compensation Act.-That a report of the injury was made by the employer warrants a finding that the subscriber had knowledge of the injury, in accordance with Workmen's Compensation Act (St. 1911, c. 751) pt. 2. § 18. although no notice of the injury was given, in accordance with the provisions of pt. 2, § 15. In re Mathewson, Mass., 116 N. E. 831.

67. Mechanics' Liens--Apportionment.-Where mechanics' liens attach to a part of lands covered by a mortgage, the court, in an action to foreclose the liens, may not apportion the mortgage debt so as to fix only a certain amount thereof on the part charged with the liens.--Morrison County Lumber Co. v. Duclos, Minn., 163 N. W. 734.

68.-Extra Compensation.-Where a city attorney revises the city ordinances without contract for extra pay, he is not entitled to extra compensation therefor, since such services are incident to his office within Pol. Code, § 1247, providing that he shall perform all services incident to his office.-Hosford v. City of Platte, S. D., 163 N. W. 714.

69.- -Insurance.Without agreement therefor mortgagee is not bound to insure buildings on mortgaged premises, nor to prosecute at his own expense a disputed claim for insurance on account of prior policy which he had on building destroyed. McQuilkin v. Ford, Neb., 163 N. W. 763.

73.

Exemptions.-Where a cemetery association, seeking to have its real estate exempted from sewer assessments, was engaged in the sale of lots for profit and owned a large part of the Jand, it was error to cancel a reasonable assessment against complainant's land which could be enforced without molesting the lots actually in use for burial purposes.-City of Gary v. Gray Oak Hill Cemetery Ass'n, Ind., 116 N. E. 741.

74.- Negligence. In action against city for leaving its street so slippery that an automobile skidded into plaintiff, fact that machine skidded does not establish negligence of automobile driver. Kelleher v. City of Newburyport, Mass., 116 N. E. 806.

75.-Occupation of Streets.-Right of private party to occupy part of a public street in front of his place of business must yield to public necessity or convenience, which question is ordinarily for the municipality's governing body, which cannot arbitrarily deny such privilege.Kenney v. Village of Dorchester, Neb., 163 N. W. 762.

76. Proximate Cause.-Under Acts 1911, p. 330, in action for injuries sustained when struck by automobile, contributory negligence, if secondary cause and not the proximate cause of injury, does not absolve driver of vehicle from exercise of highest degree of care when on application of the humanitarian or last chance doctrine he could have prevented injury.-Ottofy v. Mississippi Valley Trust Co., Mo., 196 S. W. 428.

77.-Relief Association.-A fireman who retired and ceased to pay any dues to a fire department's relief association, and who obtained other work and did not apply to be put on its pension roll until 19 years thereafter, held to have no right to relief under association's articles and by-laws.-Schwartz v. Minneapolis Fire Department Relief Ass'n, Minn., 163 N. W. 744.

78. Statute of Limitations.-Where a fireman was dismissed for cause and his application to be placed upon pension roll of fire department relief association was denied, and he took no steps to be put on pension roll for over 12 years, his action therefor was barred by limitations. Lund v. Minneapolis Fire Department Relief Ass'n, Minn., 163 N. W. 742.

81. Negligence—A fire caused by the negligence of a defendant or his servants is not "accidental" in such sense as to exonerate him from liability for injuries caused thereby to others. The William Van Driel, Sr., U. S. D. C., 242 Fed. 285.

82. Partnership-Sharing Profits. Although sharing of profits is a test of partnership, an exception exists where sharing in profits is mere means of determining compensation for services rendered.--American Trust Co. v. Life Ins. Co. of Virginia, N. C., 92 S. E. 706.

83. Principal and Surety Contribution. Sureties on a tax collector's bond, who had paid the amount of his defalcation with interest and penalty, held entitled to enforce contribution against the other sureties, but not for the amount of money deposited in a bank and thereafter applied on subsequent defalcations.-Russell v. Clark, Miss., 75 So. 691.

84. Railroads Grade Crossings.-Under the statute a railroad cannot be compelled to construct a grade crossing, where it would increase the hazards of the public in the use of the streets in question and its convenience can be served by slightly changing the lines of the streets. New York, S. & W. R. Co. v. Board of Public Utility Com'rs, N. J., 101 Atl. 49.

85.- -Last Clear Chance.-A right of recovery may exist in the event of the killing of a person lying asleep or intoxicated upon a railroad track.-Brooks v. Texas & P. Ry. Co., La., 75 So. 731.

86.Licensee.-Where defendant's railroad between villages had been used by pedestrians for many years with knowledge of defendant, it will be assumed that intestate while walking thereon was licensee.-Kabler's Adu'r v. Southern Ry. Co., Va., 92 S. E. 815.

87. Release Instructions. — An instruction that, unless a release by plaintiff was executed without misrepresentation or fraud and was for a valuable consideration, it would not bar plaintiff, was not erroneous as placing on defendant the burden of proving that the release was without misrepresentation or fraud.-Ferries Co. v. Brawn, Va., 92 S. E. 813.

88. Sales Breach of Contract.-The doctrine of "avoidable consequences" does not permit a seller, breaching his contract to furnish coal of a certain quality, to compel the buyer to contract for the same coal with another seller for the defaulting seller's protection.-Eastern Coal & Export Corp. v. Beasley & Blanford, Va., 92 S. E. 824.

89. Rebate. Where a notice stamped on the bill of sale of an automobile stated that a special offer of a rebate did not apply to that transaction, the buyer's assignee could not recover such rebate in an action at law upon the contract. Ford v, Ford Motor Co., N. Y., 165 N. Y. S. 1001.

90.- -Rescission.-After defendant used some of boxes ordered from plaintiff, and had retained part of shipment without giving notice retention was conditional on correction of defects in part returned, it lost right to rescind contract for manufacture of boxes; its sole remedy being by counterclaim.-Greenberg v. Atlantic Comb Works, N. Y., 165 N. Y. S. 1004.

91. Street Railroads-Contributory Negligence.-Evidence that plaintiff pedestrian attempted to cross diagonally over street railway tracks after seeing car 50 yards distant, but expecting it to slacken speed preparatory to full stop, makes plaintiff's contributory negligence a jury question.-Thompson V. Boston Elevated Ry. Co., Mass., 116 N. E. $10.

92.

Taxation--Assessment. That purported assessment was placed upon the original and permanent assessment roll did not warrant enjoining the collection of the tax based thereon where it did not appear that the property was not owned by the persons to whom assessed, or that it was included in the lists of taxable property returned by such persons, or that such property had been taxed elsewhere; the remedy by Laws 1915, c. 289, permitting recovery of taxes wrongfully paid being adequate.-Zimmerman v. Corson County, S. D., 163 N. W. 711.

93. Franchises.-Where road owned fran chises to construct and operate bridges carrying tracks, increased from two to four, over highways, fact that work of relocating and increas ing number of tracks was not completed when franchises were assessed did not deprive road of them State Board of Tax Com'r, N. Y., 165 N. Y. S. 970.

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95. Trade Unions-Principal and Agent.-Officers of labor union could not create, either by word or conduct, binding bargain in behalf of members of union to furnish labor to employer be individually performed, unless officers had been authorized expressly or impliedly by members in form sufficient to show mutuality of consent.-W. A. Snow Iron Works v. Chadwick, Mass., 116 N. E. 801. 96.

Vendor and Purchaser-Failure of Consideration.-Where there is no fraud on part of the vendor preventing purchaser's inspection and he fails to exercise diligence in inspecting the property, plea of failure of consideration on account of its condition will not be entertained. -Sloan v. Farmers' & Merchants' Bank, Ga.. 92 S. E. 893.

97.

Rescission.-Where rescission of contract to purchase land was seasonably made, the right to recover money paid under the contract was complete and the doctrine of laches had no application.--Kremer v. Lewis, Minn., 163 N. W. 732.

98. Waters and Water Courses-Boundaries. -A deed describing land as bounded on the south by a pond did not convey land to the middle thread of a stream forming the pond, where it appeared that the grantor and his predecessors in title did not own or claim further than the edge of the pond at the time of the execution of the deed.-Jennings v. Marston, Va., 92 S. E. $21.

99.-Regulation.--The appropriation for use of water from a stream, although the rights acquired thereby are recognized by both federal and state governments, is subject to regulation and control by the state, which in the exercise of its police power may provide efficient regulations covering the distribution and use of such water.-Bergman v. Kearney, U. S. D. C., 241 Fed.

884.

100. Wills-Vested Remainder.-Under will setting apart sum for support of J. for life with remainder to her two daughters and their heirs forever, held, although one daughter predeceased J., her share went to her heirs on death of J., as a vested remainder was created.Weston v. Coburn, Mass., 116 N. E. 825.