inspection, ordered by buyer after removing lumber, where joint inspection was not made.Tallahatchie Lumber Co. v. Riverside Lumber Co., 12 F. (2d) 38. after entry of judgment.-Fries, Beall & Sharp Co. v. Livingstone, 12 F. (2d) 150. IX. CONDITIONAL SALES. 473(1) (U.S.D.C.III.) Secret reservation of title to secure purchase price is valid in Illinois as against bona fide purchaser for value.-Ritchey v. Southern Gem Coal Corporation, 12 F. (2d) 605. 180 (4) (U.S.C.C.A.Mich.) Buyer cannot repudiate contract for sale of pig iron to be shipped in equal amounts monthly, on ground that seller had been delinquent in former months, where buyer had not suggested that seller was not carrying out contract to complete satisfaction of buyer.-Chicago Ry. Equip-480(3) (App.D.C.) Negligence and delay of ment Co. v. Superior Charcoal Iron Co., 12 F. (2d) 235. 181 (8) (U.S.C.C.A.La.) Admitting evidence of inspection of lumber by National Hardwood Association inspectors held proper, where necessity for inspection by American Hardwood Association inspectors as provided in contract and whose inspection was to be final did not arise.-Tallahatchie Lumber Co. v. Riverside Lumber Co., 12 F. (2d) 38. VI. WARRANTIES. 266 (U.S.C.C.A.La.) Contract for sale of fertilizer held not to impliedly warrant that fertilizer could be spread through use of drills. -Kaplan v. American Cotton Oil Co., 12 F. (2d) 969. VII. REMEDIES OF SELLER. (E) Actions for price or value. 343, 344 (U.S.C.C.A.La.) Seller may recover for value of certain lumber, although not covered by contract of sale, where evidence shows subsequent verbal agreement to take such items and actual taking and removal by buyer. Tallahatchie Lumber Co. v. Riverside Lumber Co., 12 F. (2d) 38. 348(1) (U.S.C.C.A.La.) Buyer of lumber to be loaded on tracks at mill, having removed lumber by water transportation, when tracks at mill were removed through fault of neither party, is not entitled to allowance for cost of transportation to nearest loading point against price of lumber.-Tallahatchie Lumber Co. v. Riverside Lumber Co., 12 F. (2d) 38. 358(1) (U.S.C.C.A.La.) Where there was plaintiff in replevin in asserting its rights, after automobile had been traded, held to preclude recovery.-Edson Co. v. Harper Motor Co., 12 F. (2d) 182. SCHOOLS AND SCHOOL DISTRICTS. (B) Creation, Alteration, Existence, and Dissolution of Districts. 30 (U.S.C.C.A.Neb.) Any identity between boundaries of school district and territorial election precinct held destroyed by subsequent orders. Sioux City Bridge Co. v. Miller, 12 F. (2d) 41. Order purporting to extend boundary of district from high-water mark to center of Missouri river held ineffective (Rev. St. Neb. 1913, § 6703 [Comp. St. Neb. 1922, § 6241]).—Id. Courts cannot assume that territory which might or should have been added to school district was added, where record shows it was not. -Id. Bridge company held not estopped by voluntary payment of taxes for many years to deny that property was within school district.—Id. School district, boundary of which was described as "along the river," held to extend to center of river, state boundary.-Id. 32 (U.S.C.C.A.Neb.) Statute evidencing public policy to include all property in some school district held not self-executing, or effective to automatically extend boundaries of district to include bed of river (Rev. St. Neb. 1913, § 6703). Sioux City Bridge Co. v. Miller, 12 F. (2d) 41. no breach of contract for sale of fertilizer by 36 (U.S.C.C.A.Neb.) Courts have not powseller, evidence of damage to buyer was inadmissible in action for purchase price.-Kaplan v. American Cotton Oil Co., 12 F. (2d) 969. 358(6) (U.S.C.C.A.La.) Excluding evidence of cost of loading lumber on cars held erroneous, in action for purchase price of lumber to be loaded on cars, where because of removal of tracks, without fault of either party, buyer was required to remove and ship lumber by water. -Tallahatchie Lumber Co. v. Riverside Lumber Co., 12 F. (2d) 38. VIII. REMEDIES OF BUYER. (D) Actions and Counterclaims for Breach of Warranty. 441(1) (App.D.C.) Testimony of experienced carpenter held to sustain finding, in action for breach of warranty in sale of roofing material, that roofing was properly laid.-Fries, Beall & Sharp Co. v. Livingstone, 12 F.(2d) 150. 442 (2) (App.D.C.) Generally, measure of damages for breach of warranty as to personalty is difference between actual value of article sold and what it would have been worth, had it been as warranted.-Fries, Beall & Sharp Co. v. Livingstone, 12 F. (2d) 150. 442(6, 7) (App.D.C.) Purchaser of roofing, on breach of warranty, held not entitled to recover of seller cost of replacing it with more expensive roofing.-Fries, Beall & Sharp Co. v. Livingstone, 12 F. (2d) 150. 442(10) (App.D.C.) Damages for breach of warranty in sale of roofing material being unliquidated, interest should not be allowed until er to enforce public policy by attaching territory to school district without affirmative action required by statute (Rev. St. Neb. 1913, § 6703).— Sioux City Bridge Co. v. Miller, 12 F. (2d) 41. ~21 (U.S.C.C.A.La.) Seamen, abandoning ship on refusal of improper demand for half wages, held deserters, not entitled to wages, nor excused from performing by seamen's strike (Rev. St. §§ 4530, 4596, as amended [Comp. St. §§ 8322, 8380]).-U. S. v. Smith, 12 F. (2d) 265. 24 (U.S.C.C.A.La.) Crew of vessel entering port for repairs, not to load or unload cargo, held not entitled to make demand for half wages, under Rev. St. § 4530, as amended (Comp. St. § 8322).-U. S. v. Smith, 12 F. (2d) 265. 29(3) (U.S.D.C.Ga.) Suit against United States for personal injury governed by Jones Act, and negligence of officer or fellow seaman is no defense (Comp. St. Ann. Supp. 1923, $$ 12514a, 8337a).-Hansen v. U. S., 12 F. (2d) 321. of foreign 29 (5) (U.S.C.C.A.Va.) Right seaman on foreign ship to libel ship for personal injuries received in American port is gov For cases in Dec.Dig. & Am. Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER erned by United States laws.-Heredia v. Davies, 12 F. (2d) 500. Right of seaman to attach ship for personal injuries relates to matter of procedure, which is covered by law of forum.-Id. Award for personal injuries to foreign seaman sustained in American port should include allowance for pain and suffering and permanent disability. Id. Award of $400 to seaman for painful injury, resulting in 10 per cent. permanent disability to arm, and requiring two operations, held inadequate, and increased to $1,000.-Id. SEARCHES AND SEIZURES. 3 (U.S.D.C.Tex.) Frame lean-to built at back of defendant's residence and attached thereto by carpentry, but having no door opening into dwelling, held not part thereof, as respected search.-U. S. v. Mitchell, 12 F. (2d) 88. 5 (U.S.C.C.A.Mo.) Drug store owner held entitled to return of property taken from him in illegal search by government officials without warrant, in absence of other evidence that property was contraband or unlawfully possess. ed.-Brock v. U. S., 12 F. (2d) 370; Johnson v. U. S., 12 F. (2d) 374. and checkers on board vessel at instance of charterer when cargo was being discharged.South American Metal Co. v. Kjoge, 12 F. (2d) 562. Owner of vessel is not liable for wages of tallymen and checkers, employed by charterer during unloading of cargo, in absence of obligation therefor in charter.-Id. Although custom of port requiring delivery of coal in sacks imposed duty of making delivery in such manner, it did not impose duty of furnishing sacks free of cost to charterer.-Id. 54 (U.S.C.C.A.Md.) The law imposes on charterer of lighter, for use in hauling heavy stones, duty of exercising ordinary care and prudence for its safety.-Causey v. Cottman Co., 12 F. (2d) 558. Charterer of lighter held to have duty to remove vessel from dangerous position during storm, particularly where owner urged removal and offered to furnish tug for purpose.-Id. Charterer, having left lighter in dangerous position during storm, cannot escape liability for negligence because scowman, employee of owner, was on vessel.-Id. 54 (U.S.D.C.N.Y.) Charterer of a barge held liable for its injury due to negligence of tug in leaving it moored in such position that barges pounded together.-Schoonmaker-Conners Co. v. New York Cent. R. Co., 12 F. (2d) 314. 7 (U.S.C.C.A.La.) Search of dwelling house without warrant held in violation of Constitution and statute (Act Nov. 23, 1921, § 58(2) (U.S.D.C.N.Y.) Burden of proof to 6 [Comp. St. Supp. 1925, § 10184a]).-Lindsly v. U. S., 12 F. (2d) 771.. 7 (U.S.C.C.A.Mo.) Search and seizure of whisky in drug store having government permit, without evidence other than having sent woman to make purchase. held unreasonable and violative of federal Constitution (Const. Amend. 4).-Brock v. U. S., 12 F. (2d) 370; Johnson v. U. S., 12 F. (2d) 374. I. REGULATION IN GENERAL. 32 [New, vol. 8A Key-No. Series] (U.S.C.C.A.Porto Rico) Pleading in libel suit for recovery of freight shipped through an agent acting for United States held to show that shipment was on one of boats requisitioned by United States (Act June 15, 1917, § 1 [Comp. St. 1918, § 3115ed]).-U. S. v. Porto Rico Fruit Union, 12 F. (2d) 961. United States, in taking over and operating ships in sovereign capacity as war measure, cannot be held to have waived sovereign right or privilege, unless so provided in congressional enactments (Act June 15, 1917, § 1 [Comp. St. 1918, § 3115ed.]).—Id. 12 (U.S.C.C.A.III.) A "survey" of vessel is statement of its present condition.-Chicago S. S. Lines v. U. S. Lloyds, 12 F. (2d) 733. 16 (U.S.C.C.A.Tex.) Vessel licensed for coasting trade is subject to seizure, on taking intoxicating liquors from foreign ship at sea for purpose of importing same (Rev. St. §§ 939, 4377 [Comp. St. §§ 1565, 8132]).-The Rosalie M., 12 F. (2d) 970. III. CHARTERS. 49 (3) (U.S.D.C.N.Y.) A "catch time charter" is one under which compensation is paid for time boat is actually used.-SchoonmakerConners Co. v. New York Cent. R. Co., 12 F. (2d) 314. 50 (U.S.C.C.A.Va.) Owner of vessel held properly allowed claim for board of tally men establish liability of charterer for injury to vessel is on owner, but terms of charter may raise presumption of charterer's negligence.Schoonmaker-Conners Co. v. New York Cent. R. Co.. 12 F. (2d) 314. 58 (3) (U.S.C.C.A.Md.) Commissioner's award for lighter lost because of charterer's negligence, proceeding on theory of reproduction cost with annual depreciation charge, held correct. Causey v. Cottman Co., 12 F. (2d) 558. V. LIABILITIES OF VESSELS AND OWN- 84 (3) (U.S.D.C.Tex.) Ship has duty equal with duty of stevedore to furnish safe winch, and neither can escape consequences of act of causative fault resulting in injury.-Buzynski v. Luckenbach S. S. Co., 12 F. (2d) 92. VII. CARRIAGE OF GOODS. 106 (U.S.C.C.A.Tex.) Carrier is liable for breach of contract obligation incurred before ship's bills of lading were signed.-U. S. Shipping Board Emergency Fleet Corporation v. Texas Star Flour Mills, 12 F. (2d) 9. sue 108 (U.S.D.C.La.) Shipowner may shipper for breach of contract of affreightment by refusal to use space reserved.-Churchill Line v. Gulf Naval Stores Supply Co., 12 F. (2d) 131. 125 (U. S. C. C. A. Cal.) Shipper, having knowledge that carrier had established certain port as regular port of call, must be deemed to have contracted with reference thereto, precludalleged deviation.-W. R. Grace & Co. v. Toyo ing recovery for cargo destroyed by fire during Kisen Kabushiki Kaisha, 12 F. (2d) 519. 125 (U.S.C.C.A.Cal.) As to shipment from San Francisco to Cardiff, held it was a deviation to first proceed to Hamburg, notwithstanding liberty to call clause.-U. S. Shipping Board Emergency Fleet Corporation v. Rosenberg Bros. & Co., 12 F. (2d) 721. Deviation ends contract between shippers and carrier, making them responsible for loss of goods.-Id. 125 (U.S.C.C.A.Tex.) Carrier's delay of five months in transporting flour from Texas to Cuba, reasonable time being about two weeks, held progressive cause of damage to flour caused by weevil, ordinary period for germination of weevil in flour being sixty days.-U. S. Shipping Board Emergency Fleet Corporation v. Texas Star Flour Mills, 12 F. (2d) 9. Contract for freight space imposes on carrier implied obligation to have vessel proceed within reasonable time, and to exercise ordinary care for protection of cargo from time of acceptance. -Id. It is to be inferred that flour accepted for shipment without notifying shipper that shipment would be delayed would not be subjected to destructive delay before being started on voyage.-Id. 131 (U.S.C.C.A.Cal.) Damages for loss of goods shipped is their market value at port of destination.-U. S. Shipping Board Emergency Fleet Corporation v. Rosenberg Bros. & Co., 12 F.(2d) 721. Right of recovery of damages for loss of goods shipped is unaffected by shipper being insured and paid by insurer; insurer thereupon being subrogated to shipper's rights.-Id. 132(5) (U.S.C.C.A.Me.) Evidence held to warrant finding that shipper had notice of arrival of wool and soap on wharf more than 72 hours prior to fire, as required by bills of lading. -Camden Woolen Co. v. Eastern S. S. Lines, 12 F. (2d) 917. Evidence held insufficient to warrant finding that shipper had notice of arrival of oakite 72 hours or more before fire. Id. 132(6) (U.S.C.C.A.N.Y.) Evidence held insufficient for jury as to whether contract of carriage existed as to particular shipment at time of redelivery by defendant as bailee to plaintiff's agent (Harter Act [Comp. St. $$ 8029-8035]).-Netherlands American Steam Nav. Co. v. Wagner, 12 F. (2d) 640. 138 (U.S.C.C.A.Cal.) Harter Act (Comp. St. $$ 8029-8035) affords no protection to carrier for consequences of deviation ending contract.-U. S. Shipping Board Emergency Fleet Corporation v. Rosenberg Bros. & Co., 12 F. (2d) 721. 140 (U.S.D.C.N.Y.) Shipper was entitled to full recovery under bill of lading limiting carrier's liability on failure to declare value, but not affecting reduced rate thereby.-A. C. Lawrence Leather Co. v. Compagnie Générale Transatlantique, 12 F. (2d) 83. 141(1) (U.S.C.C.A.Tex.) Provision in ship's bill of lading, exempting from liability for damage before loading and after leaving vessel, and for damage caused by heating, decay, or other elements, held not to exempt carrier from liability for damage to flour caused by unwarranted delay between time of receipt and accept ance and time of loading.-U. S. Shipping Board Emergency Fleet Corporation v. Texas Star Flour Mills, 12 F. (2d) 9. Carrier of perishable freight fails in its proper care by reasonably avoidable delay in movement. and could not by contract obtain relief from liability for loss or damage from such fault or failure (Comp. St. § 8029).--Id. 142 (U.S.C.C.A.N.Y.) Shipper. giving no notice of damage for 70 days, held not in posttion to urge unreasonableness of provision of bill of lading requiring that demand for damage be made within 10 days after delivery (Shipping Act Sept. 7. 1916, § 18 [Comp. St. §§ 8146a8146r]; Interstate Commerce Act, § 20, amended by Transportation Act 1920, § 438 [Comp. St. Ann. Supp. 1923, § 8604a1).-W. R. Grace & Co. v. Panama R. Co., 12 F. (2d) 338. Objection that claim for damage to goods was not made within proper time held not waived by shipowner's rejection of claim on another ground.-Id. Unseaworthiness held not to preclude shipowner from invoking clause in bill of lading limiting time for making claims for damage to cargo.-Id. 142 (U.S.C.C.A.Tex.) Provision in ship's bill of lading limiting time for bringing suit will not be given effect of barring suit, unless requirement was reasonable.-U. S. Shipping Board Emergency Fleet Corporation v. Texas Star Flour Mills, 12 F. (2d) 9. Provision in ship's bill of lading limiting liability to cases where suit is brought within six months after delivery to carrier held unreasonable as applied to claim for damages to flour shipped to Cuba and not delivered until five months after delivery to carrier, shipper being resident of Texas.-Id. 142 (U.S.D.C.N.Y.) Filing libel in personam for damages to shipment within time required in bill of lading held sufficient, although service of process was not had until after expiration of such period.-Leveille v. Eastern S. S. Lines, 12 F. (2d) 486. IX. DEMURRAGE. 175 (U.S.C.C.A.Va.) Under charter party requiring charterer to receive cargo from vessel at certain rate per day, loss of time at one port should be offset against saving at another. -South American Metal Co. v. Kjoge, 12 F. (2d) 562. 181 (U.S.C.C.A.Va.) Under charter party providing for 72-hour period before lay days begin to run. Saturday afternoon, Sunday, and Armistice Day will not be added to 72-hour period in determining dispatch money; Sundays and legal holidays not being excepted from 72hour clause.-South American Metal Co. V. Kjoge, 12 F. (2d) 562. Under charter party providing for 72-hour period before lay days begin to run, and excepting Sundays and legal holidays from loading period, lay days commence at midnight when 72 hours expired on Sunday.-Id. Dispatch money is payable for Sundays and holidays intervening during lay days, including Saturday afternoon, made a legal holiday by Code Va. 1919, § 5758, under contract providing for dispatch money for all time saved to ship.-Id. Lay days for unloading cargo on ship arriving at night do not commence to run until 7 o'clock on morning following, at port legally closed until 7 a. m.—Id. Charter party providing for free time at discharging port held to give free time at each unloading port.-Id. Nonworking day declared by master of port should be excepted from running of lay days, in determining dispatch money to charterer, where steamer under charter party had duty to put coal over side of ship.—Id. 183 (U.S.C.C.A.Va.) Master of ship has authority to bind owner in making settlement of dispatch money due charterer, when made substantially in accordance with legal rights of parties.-South American Metal Co. v. Kjoge, 12 F. (2d) 562. Charterer and owner held to have ratified settlement between charterer's agents and master of ship as to demurrage and dispatch money. Id. SLANDER. See Libel and Slander. SLAVES. 24 (U.S.C.C.A.Fla.) In prosecution for holding persons in peonage, evidence affecting things done in court by principal defendant. when persons so held were charged with petty offenses, held admissible (Criminal Code, § 269 [Comp. St. $ 10442]).-Davis v. U. S., 12 F. (2d) 253. Peremptory instruction in prosecution for aiding and abetting in arrest and return to condition of peonage of certain persons held properly denied.-Id. In prosecution for aiding and abetting in arrest and return of certain persons to condi 1077 For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER tion of peonage, fact that arrest involved was That defendant, charged with aiding and abet- 1. ENACTMENT, REQUISITES, AND VA- 58-(U.S.D.C.Mich.) Contention that law im- Validity of statute cannot be attacked on sole VI. CONSTRUCTION AND OPERATION. 181(1) (U.S.C.C.A.N.Y.) Statutes must be 184 (U.S.C.C.A.Mo.) Statutes must be con- 188 (U.S.D.C.Okl.) Words and phrases em- courts may disregard punctuation, or punctu- 11 (U.S.C.C.A.N.Y.) Where ambiguity is 219 (U.S.C.C.A.Mo.) Interpretation by ex- 219 (U.S.D.C.III.) Administrative rulings 225 (U.S.C.C.A.N.Y.) To solve ambiguity (B) Particular Classes of Statutes. 241(1) (U.S.D.C.III.) Statutes creating and 245 (U.S.D.C.III.) Revenue statutes, carry- Provisions of revenue laws are not to be If words of statute under which taxes were 194 (U.S.D.C.III.) Specific provision relat- 200 (U.S.C.C.A.N.Y.) Need of punctuation 922 868 1909, Feb. 19, ch. 160, 35 Stat. 639. 352 See Judicial Code. INTERSTATE COMMERCE ACT. 24 .311, 620, 758 24(8) 89 1915, March 4, ch. 153, §§ 4, 7, 38 Stat. 265 24 (20) 779 29 81 1916, Aug. 29, ch. 418, § 3, 39 Stat. 660, 48 596 664 366 1890, Aug. 19, ch. 802, § 1, arts. 19, 21, 1900, April 12, ch. 191, § 14. 31 Stat. 80 761 1906, June 29, ch. 3592, § 15, 34 Stat. 938 502, 636, 639 954, 965.. 643, 998 |