count of injuries to any number of persons is limited to $10,000," limits liability to $5,000 for injury to wife, although husband also sues.Ravenswood Hospital v. Maryland Casualty Co., Ill., 117 N. E. 485.

31. Waiver.-Gen. St. 1913, § 3306, and insurer's by-laws forming part of policy to effect that failure to pay premium within prescribed time should without notice or other act avoid the policy, do not preclude waiver of such payment by insurer's acts.-Lenning v. Retail Merchants' Mut. Fire Ins. Co., Minn., 164 N. W. 908.

32. Intoxicating Liquors-Evidence.-To prove that carrier. "knowingly" delivered liquor to person in dry territory or to minor, prohibited by Ky. St. § 2569b, proof of facts and circumstances which would excite suspicion of ordinarily prudent person, and reasonable effort would have developed facts, is sufficient.Adams Express Co. v. Commonwealth, Ky., 197 S. W. 957.

33. Landlord and Tenant-Notice.-Where a building lease included basement and sidewalk vault in one description, without mention that the vault was held under revocable city license, the lessee was not chargeable with knowledge of the nature of the landlord's occupation.— Fifth Ave. Bldg. Co. v. Kernochan, N. Y., 117 N. E. 579, 221 N. Y. 370.

34. Termination of Lease.-Provision in lease that on lessee's default for 60 days in payment of rent lease shall terminate gives lessor option to terminate it, but does not give lessee right to terminate by his own default.-Lowenthal v. Newlon, Minn., 164 N. W. 905.

35. Master and Servant-Accident.-The word "accident" in the Workmen's Compensation Act is used in its popular sense, and means any unlooked for mishap or untoward event not expected or designed.-Haskell & Barker Car Co. v. Brown, Ind., 117 N. E. 555.

36. Accident.-Sunstroke, or heat stroke, which is prostration due to exposure to intense external heat, generally associated with marked humidity and physical exertion, is personal injury caused by accident within, Gen. St. 1913, § 8230, defining accident.-State V. District Court, Ramsey County, Minn., 164 N. W. 916.

37. Assumption of Risk.-Under the federal Employers' Liability Act, where appliances used by employes are not embraced by the terms of the act, the common-law rule as to assumption of risk governs.-McFarland V. Chesapeake & O. Ry. Co., Ky., 197 S. W. 944.

38.- -Conflict of Laws.-The law that a seaman employed in New York is entitled to a seaworthy ship governs in a contract by a German ship company providing no liability for negligence, unless intentional or willful, and then only under the German Workmen's Compensation Act, and a common-law action will lie. Marra v. Hamburg-Amerikanische Packetfahrt Actien Gesellschaft, N. Y., 167 N. Y. S. 74. 39. Contributory Negligence.-A employe, who boarded a moving train in violation of warnings, is guilty of only contributory negligence, and unless warnings amounted to a prohibition, company's negligence in equipping

railroad

an engine which contributed to injury furnishes basis for recovery.-Heskett V. Pennsylvania Co., U. S. C. C. A., 245 Fed, 326.

40.- -Course of Employment.-If what plaintiff did, leading to her injury, was not done in course of her employment, it is immaterial that what she did was customary, and that she was. the influenced by seeing other employes do same thing.-Haller v. Quaker Oats Co., Ia., 164 N. W. 863.

41. Course of Employment.-Evidence held to sustain finding that freezing of janitor's great toe in severely cold wather while shoveling snow from sidewalk, necessitating amputation of his leg, was accident arising out of and in course of his employment, within Gen. St. 1913, 8195-State v. District Court, Ramsey County, Minn., 164 N. W. 917.

42. -Fellow-Servant.-Coal mine hostler, engaged in conducting empty coal cars from top of incline to mouth of mine, was not fellowservant of employe engaged at foot of incline in conducting loaded cars across trestle, with his back to hostler.-Harris v. Rex Coal Co., Ky., 197 S. W. 1075.

43. Hazardous Occupation.-A retail furniture dealer maintaining a warehouse for storing its furniture held operating a warehouse within Workmen's Compensation Act, § 3, par. (b), subd. 4, as to extra-hazardous occupations, persons in which must elect not to be bound by the act.-Friebel v. Chicago City Ry. Co., Ill., 117 N. E. 467.

to

44. Hours of Employment.—Injury warehouse employe held in course of employment, within Workmen's Compensation Act, where, while he was returning with his truck from last trip of day, though after hours of employment.--Friebel v. Chicago City Ry. Co., Ill., 117 N. E. 467.

45. Hours of Service Act. Where freight train crews made round trips of between 17 and 18 hours, their absolute release from duty for a period of not exceeding 2 hours during that time did not break the continuity of the service, and avoid the penalty of Hours of Service Act, $ 2.-Minneapolis & St. L. R. Co. v. United States, U. S. C. C. A., 245 Fed. 60.

46.-Latent Disease.-If disease with which employe was afflicted was latent, and accident accelerated it to stage of disability, existence of disease would not prevent recovery.-Indianapolis Abattoir Co. v. Coleman, Ind., 117 N. E. 502.

47. Relation of.-Where coal mining company transported its men from their working places to the surface in cars, held, that the relation of master and servant continued until they left the cars and were no longer under the companys' control.-Whalen v. Union Pac. Coal Co., Utah, 168 Pac. 99.

48. Res Ipsa Loquitur.--In fireman's action for injury when his locomotive was derailed at a highway crossing by striking a pile of sand upon the crossing which was not in employers' exclusive control, the rule of res ipsa loquitur did not apply.-McGillivray v. Great Northern Ry. Co., Minn., 164 N. W. 922.

49.- -Rules and Regulations.-That a railroad has promulgated a rule that no employes shall go under or betwen cars without displaying a blue flag does not relieve it of duty to keep a lookout, especially where it was a custom of the employes to disregard the rule.— Louisville & N. R. Co. v. Payne's Adm'r, Ky., 197 S. W. 928.

50.- -Safe Place Doctrine.-Where it was the duty of a servant to prop or take down loose slate where he was working, the safe-place doctrine has no application.-Lyttle v. Rex Coal Co., Ky., 197 S. W. 1070.

51.- -Safe Place Doctrine. Where, due to negligence in inspection and permitting a ring to become defective and break, a derrick boom

attached to the mast fell, the ship is "unseaworthy" as to a seaman injured thereby, under the law entitling seamen to seaworthy ships.Marra v. Hamburg-Amerikanische Packetfahrt Actien Gesellschaft, N. Y., 167 N. Y. S. 74.

52. Total Disability.-If two employes had suffered no injuries other than fractured sacrum and femur, resulting, in each case, in temporary total disability, each would have been entitled to compensation under sections of Workmen's Compensation Act other than 31.-In re Denton, Ind., 117 N. E. 520.

53. -Vice-Principal.-Bottom boss in mine, injured in cross-passage by motor over which he had no control, except as to where empties should be placed, held not a vice-principal, but fellow-servant, of the motor driver.-Daly v. New Staunton Coal Co., Ill., 117 N. E. 413.

54. Workmen's Compensation Law.-Where wife was living with husband at time of his death, and had no other means of support than the money he gave her, she was, as matter of law, under Workmen's Compensation Act, § 38, "totally dependent' on him for support.-Muncie Foundry & Machine Co. v. Coffee, Ind., 117 N. E. 524.

55. Workmen's Compensation Act.-Under Workmen's Compensation Act, § 20, employe's right to compensation, being contractual, accompanies him wherever he goes, and he is entitled to compensation if injured in employment in another state.-Hagenback v. Leppert, Ind., 117 N. E. 531.

56.-Workmen's

Compensation Act.-Under Workmen's Compensation Act, § 31, giving compensation for specific injuries and for "other permanent partial disabilities" as determined by the board not to exceed 55 per cent, the board cannot in its discretion allow for a less injury under the general clause more than is provided for a greater injury.-In re Maranovitch, Ind., 117 N. E. 530.

57.-Workmen's Compensation Act.-A separator man on a threshing outfit, owned and operated as a business, is not a farm or agricultural laborer within Workmen's Compensation Act. In re Boyer, Ind., 117 N. E. 507.

58. Mechanic's Liens-Evidence.-A notice of intention to hold a mechanic's lien, in substantial conformity with the statute, is sufficient, and errors in respect to matters not required to be included in the notice will not invalidate it or defeat the lien. Cline v. Indianapolis Mortar & Fuel Co., Ind., 117 N. E. 509.

59. Interest in Shipment.-Plaintiff, who paid draft of shipper of lumber, and who, while holding bill, delivered it for use in building at request of defendants, a city and its contractor, had an ownership in the lumber to an amount sufficient to protect his payment.-Lindsey Mitchell & McCauley, N. C., 93 S. E. 955.

V.

60. Monopolies-Sale to Competitor.-A concern which is going out of business as a losing one may, without violating the Sherman AntiTrust Law, sell its plant to its only competitor, instead of scrapping it; the buyer being required to continue fair dealing with the public.American Press Ass'n v. United States, U. S. C. C. A., 245 Fed. 91.

61. Municipal Corporations-Evidence.-In an action for compensatory and punitive damages for flooding land, it was erroneous to permit in evidence that plaintiffs had sued the defendants the year before for flooding the same land and had recovered.-City of Covington v. Faulhaber, Ky., 197 S. W. 1065.

62.- Ordinances.-Ordinance making it unlawful, "except when otherwise ordered by the board of commissioners," to erect wooden buildings within certain limits, is valid, and confers power upon commissioners, by issuing building permit, to authorize building of wooden structure within limits specified.-Focke, Wilkens & Lange v. Heffron, Tex., 197 S. W. 1027.

63. Negligence Implied Duty.-From a contract of sale by which defendant sold to plaintiff a liquid for drinking charged with carbonic acid gas, the duty was implied that defendant would use care to see that plaintiff was not unduly exposed to the danger of the bottles bursting.-Cashwell v. Fayetteville Pepsi-Cola Bottling Co., N. C., 93 S. E. 901.

64. Newspapers — Literary Property. The property right of a press association in news gathered by it for distribution to its members throughout the United States neid not lost by its publication by one or more of its members, but to remain until all have had the benefit of the service.--Associated Press V. International News Service, U. S. C. C. A., 245 Fed. 244.

a

65. Nuisance--Abatement.—A nuisance, breeding place for mosquitoes created by a dam, whereby malaria is spread, may be abated in action by individuals who suffer from malaria caused thereby; especially in view of Revisal 1905, § 825.-Pruitt v. Bethell, N. C., 93 S. E. 945. 66. Principal and Agent-Evidence.-Testimony that H said "he would have to go.(to defendant) and get his commission" was incompetent as a declaration of agency, being introduced to show agency of H to defendant.Bridenstine v. Gerlinger Motorcar Co., Ore., 168 Pac. 73.

67. Scope of Agency.-One employed by mortgagor to obtain a loan to pay a mortgage was the agent of the mortgagor in making representations to plaintiffs, who loaned the money, agent of plaintiff in taking his check to a bank to see that the prior mortgage was paid, and agent of the mortgagor again in directing that such mortgage be released.-Kent v. Bailey, Ia., 164 N. W. 852.

68. Principal and Surety-Discharge of Surety. Where building contract required payment. of three-fourths of actual value of work to be made monthly, fact that plaintiff had paid more than three-fourths of contract price before completion of work did not discharge contractor's sureties.-Milavetz v. Oberg, Minn., 164 N. W.

910.

69.

Railroads Approaches to Crossing.-A railroad is liable only for the crossing on the roadbed, and is not liable for the approaches, where the highway is constructed across an established railroad; and likewise, where a railroad is constructed across an established highway, it is responsible for the safety of the approaches.-Dobbins v. Seaboard Air Line R. Co., S. C., 93 S. E. 932.

70. Contributory Negligence.-In an action for personal injury by falling upon ice accumulating on sidewalk at grade crossing, where such ice could be seen for over six feet, nonsuit was properly entered for contributory negligence.-Kleckner v. Central R. Co. of New Jersey, Pa., 102 Atl. 141.

71.- -Crossing Accident.-Fact of failure of conductor and brakeman to see decedent, killed on railroad track at point where public was accustomed to use track as path, did not lessen their duty to use every reasonable precaution to prevent injury to anyone who might be upon such frequently used portion of the track.Beard v. Missouri Pac. Ry. Co., Mo., 197 S. W. 907.

72. Inference.-That there was no fire before engine passed, that fire was burning before train had passed, and that it could not be reasonably accounted for except as having originated from engine, supported inference that it was caused by sparks of fire from engine.— Round-tree v. Mount Hood R. Co., Ore., 168 Pac.

61.

plaintiff's

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73. Joint Tortfeasors.-Where husband, a lineman, in the employ of a telephone company, was killed under circumstances which might have made that company and defendant company joint tortfeasors, release telephone company, on receipt of amount payable from its insurance fund, independently of negligence, did not operate to release the defendant company.-Ridegway v. Sayre Electric Co., Pa., 102 Atl. 123.

74.- Proximate Cause. Sudden and extraordinary escape of steam from standing engine held proximate cause of accident from mules running away, and not their being left unattended for their supposed disposition-Patton v. Frost-Johnson Lumber Co., La., 76 So. 580.

75. Trespassers.-Person who went to station to ship case of eggs, and remained for train to receive milk can, was not trespasser, but bound only to exercise reasonable care for his own safety commensurate with dangers of

which he had knowledge.-Smith v. Cleveland, C. C. & St. L. Ry. Co., Ind., 117 N. E. 534.

76. Sales-Contract.-That defendant, who had contracted to sell uncompressed cotton, did not know when he contracted that his cotton had been compressed and sold by one holding it under storage contract, does not excuse defendant for his failure to deliver uncompressed cotton to buyer.-Cooper v. Clute, N. C., 93 S. E. 915.

77.-Contract Price. Where defendant orally ordered goods from plaintiff, but later notified plaintiff that he would not accept or pay for them, plaintiff could ship goods according to contract and sue for contract price, and was not bound to sell goods elsewhere and seek as damages difference between contract price and that secured. Walker Bros. & Co. v. Daggett, Miss., 76 So. 569.

78.-Delivery. Where buyer of monument ordered if from dealer, who procured it from manufacturing company, fact that box inclosing granite die was marked with initials of dealer did not show that delivery by manufacturing company to railroad for transportation was to dealer and not to buyer.-Murray v. Morris, Vt., 102 Atl. 99.

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79.- -Minimizing Damages.-Purchaser apparatus guaranteed by seller against imperfections, under its duty to minimize damages, should repair, or notify seller to repair, dangerous defect, and, not doing so, though knowing seller relied on it, it could not hold seller liable for consequences of death of operator therefrom.-Cedar Rapids & I. C. Ry. & Light Co. v. Sprague Electric Co., Ill., 117 N. E. 461.

80. Unconditional Sale.-If there was unconditional sale of lumber, title passed on delivery of car at place of business of agent of seller for transportation to consignee buyer.Merchants' & Manufacturers' Bank v. Philip J. Toomer Lumber Co., Miss., 76 So. 565.

81.- -Waiver.-Where a seller of a horse refused to take back and exchange as agreed if the horse was unsound, an exchange of such horse by the buyer to a third party was not a waiver of the warranty.-Kime v. Riddle, N. C., 93 S. E. 946.

82.-Waiver.-Seller of machines did not waive its contractual right to a return, etc., by rendering services to the buyers gratuitously in the effort to give them satisfaction.-A. B. Farquhar Co. v. Hardy Hardware Co., N. C., 93 S. E. 922.

83. Specific Performance-Statute of Frauds. -It is enough to take out of statute of frauds, agreement that complainant have a building rent free for life, in consideration of an assignment, that she made assignment, occupied under agreement, and made permanent and valuable improvements.-Corbly v. Corbly, Ill., 117 N. E. 393.

84. Subrogation — Mortgagee.-A mortgagee seeking subrogation to the rights of a mortgage, which he has paid, believing there were no other liens, will not be held negligent, on the sole ground that instead of searching the records, he relied on the solemn assurance of his mortgagor's agent.-Kent v. Bailey, Ia., 164 N. W. 852.

85. Tenancy in Common-Adverse Possession. A tenant in common claiming title to land by adverse possession must show exclusive possession, not merely possession with other members of family against whom he claims title, though exercising exclusive control and claiming title. -Hardin v. Wanslee, Tex., 197 S. W. 1031.

re

86. Trusts-Declaration of.-Guardian's port, stating that ward's money had been invested in land, but not describing or identifying any land, held not a sufficient declaration of trust respecting land purchased in her own name. Snyder v. Snyder, Ill., 117 N. E. 465.

87. Fiduciary Relation.-One who, while acting in fiduciary capacity, mixes with his own money funds under his control is liable either for interest thereon or share of profits in lieu of interest at option of cestui que trust.-In re Eisenlohr's Estate, Pa., 102 Atl. 115.

88. Resulting Trust.-The mere fact that a wife receipted for her interest in an estate, and

did not draw the money before applying it in payment on land purchased from the estate in her husband's name, was merely a matter of form, not affecting the question of a resulting trust.-Hinshaw v. Russell, Ill., 117 N. E. 406.

89. Spendthrift Trust.-Settlement between all parties concerned in estate, abandonment of contest of will by heir, and surrender by another heir of lots devised to him, constituted consideration for spendthrift trust for his benefit. De Rouse v. Williams, Ia., 164 N. W. 896.

90. Vendor and Purchaser-Constructive Notice.-Purchaser of land from one commonly known as Herman Bergold, who signed his name without a middle initial, was bound to take notice of a prior recorded and indexed mortgage covering same land, executed by same person, signing as Herman A. Bergold.-Crippen v. Bergold, Pa., 102 Atl. 139.

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91.- -Ratification. Where purchasers land, after being aware of facts on which they based their claim of fraud against seller, made three payments on land, one in substantial sum more than two years after they took possession, they affirmed contract of purchase.-Halm v. Wright, Colo., 168 Pac. 36.

92. Reservation.-Where the vendor instructed his agents to sell, but said nothing of reserving the crops, and the agents sold, telling the purchasers that nothing had been said, and the crops would go to them, the crops, unsevered at the time the sale was consummated, passed to the purchasers.-Holloman v. Bishop, Tex., 197 S. W. 1000.

93. Wills Construction. - Devise of land jointly to husband and wife for life, and upon death of survivor to someone else, does not give second wife any estate as survivor, where testator died while first wife was alive.-In re Mook's Estate, N. Y., 167 N. Y. S. 170.

94.- -Contract.-Contract agreement under which daughter and son-in-law of widow moved from Missouri to Maine on widow's offer to give them use of home place and leave it to them on her death, if they would come to Maine to live and take care of her, constituted a valid contract.-Brackenbury v. Hodgkin, Me.. 102 Atl. 106.

95.- -Curtesy.-It not appearing that devise was in lieu of curtesy, husband held not required to elect between devise in his favor and curtesy in undevised estate, but was entitled to both; common-law rule still prevailing as to husband.-Voss v. Stortz, Ky., 197 S. W. 964.

96. Designation of Beneficiary.-A bequest to fire department fund of the city of New York sufficiently identifies the object of bounty, though under Greater New York Charter, §§ 789791, the technical name of fund is "relief fund." In re Neustadter's Estate, N. Y., 167 N. Y. S. 175.

97. Forfeiture Clause.-Forfeiture clause in will, providing that if any heir or legatee should attempt to break it, his bequest should be canceled, held not self-executing, and to give to heir who did not take part in contest no more than right, to land devised heir who did contest, which right first heir was not obliged to assert for benefit of creditors.-De Rouse v. Williams, Ia., 164 N. W. 896.

98. Testamentary Instrument. -Contract between partners that in the event of death of one other should have business and should pay heirs of deceased stipulated sum was testamentary in character-Ferrara v. Russo, R. L. 102 Atl. 86.

99. -Testamentary Instrument.-That bond or agreement provided for renewal of notes from year to year, to be payable after maker's death. did not necessarily make instrument testamentary in character.-In re Eisenlohr's Estate, Pa., 102 Atl. 117.

100.- -Vested Remainder.-Under will devising land to wife for life, with remainder in fee simple to two sons, but in case of death of a son before death of life tenant his share to go to his children, held, sons took vested remainder, subject to executory devise over to children of each, and one could not, during life of testator's widow, he having children, convey a feesimple title.-Remmers V. Remmers, Ill., 117 N. E. 474.

DECISIONS, LEADING

VOL 85.

BAR ASSOCIATION MEETINGS,

when and where to be held, 12, 31, 86, 105,
158:

a bar association which does things, 152.
dangers of over-organization, 103.
program for 1917 meeting of the American
Bar Association, 46.

program for the meeting of the Alabama
Bar Association, 12.

program for the meeting of the Colorado Bar Association, 30.

program for the meeting of the Ohio Bar Association, 13.

American Bar Association's enthusiasm in support of war program dominates its annual meeting, 203.

report of the meeting of the Arkansas Bar Association, 104.

report of the meeting of the Colorado Bar Association, 158.

report of the meeting of the Indiana Bar Association, 234.

report of the meeting of the Iowa Bar Association, 85.

report of the meeting of the Kentucky Bar Association, 123.

report of the meeting of the Michigan Bar Association, 85.

report of the meeting of the New Hampshire Bar Association, 104.

report of the meeting of the Texas Bar Association, 179.

CARRIERS OF GOODS, comments upon development of the last five years in the law of carriers of goods in interstate commerce-decisions prior to the Carmack Amendment, 316. comments upon developments of the last five years in the law of carriers of goods in interstate commerce-the Carmack Amendment as amended by the Cummins Act, 334.

damages for delay preventing shipper from competing for prize, 315.

liability of consignee to carrier for true freight where there has been an undercharge, 10.

limitation of liability not applicable in suit for conversion, 297.

waiver by carrier of timely written notice of loss, 38.

CARRIERS OF PASSENGERS,

carrier's duty to prevent and rectify mis-
takes, where passenger gets on wrong
train, 282.

insulting language by carrier's servant as
sole predicate for damages, 339.
passenger put off at wrong station resort-
ing to other means of conveyance, 333.

CHAMPERTY AND MAINTENANCE,

right of defendant to plead champerty against an assignee, 268.

CHARITIES,

inculcation of patriotism in foreign country a charitable purpose, 224.

liability of charitable institution based solely on negligence in selection of servants, 156.

CHATTEL MORTGAGES,

chattel executed in Missouri as an Iowa contract on property in both states, but to be removed to the latter state, 385.

CIVIL RIGHTS,

segregation ordinances prohibiting acquisition of residence property by negroes or whites respectively in certain blocks in cities, 422.

COMMERCE,

application of state compensation acts to employes engaged in interstate commerce, 37. excess of charge conclusive of measure of damages in suit for reparation, 242. injury to employe loading cars with sand and gravel for repair of track, 76. inquiry by Interstate Commerce Commission into expenditures for political purposes,

441.

ordinance prohibiting advertising of interstate articles, 58.

remedy against connecting carrier exclusive under Carmack Amendment, 3. removing discrimination between interstate and intrastate rates under order of Interstate Commerce Commission, 129.

action between holders of bonus stock, 296. depletion of assets by forbidden practices so far as subsequent creditors are concerned, 424.

directors buying at discount claims against insolvent corporations, 167.

duty of promoters to provide impartial directors, 404.

individual liability of stockholders of de facto corporation, 351.

inspection of records, 130.

imitation of principle that a court will take jurisdiction of the internal affairs of a foreign corporation, 75,

reserved power to amend includes exercise of police power, 38.

right of enemy-owned corporation to resort to courts of opposing belligerent, 295.

scheme in the organization of a bank bringing loss without hope of profit to an innocent participant, 19.

suit by receiver of foreign corporation, 149. surety on void contract of corporate principal, 138.

tolling statute of limitations as to foreign corporations, 447.

what taxes and restrictions the states may impose on foreign corporations, 188.

COURT-MARTIAL,

see WAR.