MUNICIPAL CORPORATIONS: right of, to create special' rights and liabilities as between indi- after grant of franchise to public service corporation, right of, to reservation in grant of franchise of right to pass ordinances sub- Id. right of, by ordinance, to create a special liability on the part of a city may regulate a street railway company under its police effect on right of United States mail carrier of city ordinance giv- may execute notes in payment of indebtedness of, when. Id. right of city council to prohibit maintenance of a public pool hall. mayor of town may issue licenses, when. Id. NEGLIGENCE: proof of injury; concurrent causes; question for jury. Malvern action for wrongful death; sufficiency of the evidence where there death of deceased held to have been caused by defendant's negli- personal injury caused by negligence. Jones & Harrington v. Scott, liability of gas company for negligence in permitting escape of PARTNERSHIP: adjustment of accounts of; jurisdiction of probate court. Fowler PLEADING AND PRACTICE: in action for personal injury after defendant has admitted that where appellant's amended complaint is stricken out as to appellee, objection to a complaint should be made by motion to make more absence of defendant as ground for motion to set aside a judgment; Id. effect of failure to plead after a demurrer is overruled, in an action Id. appearance of defendant waives plaintiff's failure to file affidavit POOL HALLS: right of city council to regulate and prohibit the maintenance of. operation of may be prohibited, when, Id. PRINCIPAL AND AGENT: authority of general agent to execute negotiable paper. Morris v. where husband is agent of wife, authority to execute negotiable knowledge of an agent of an express company and of the receivers duty of express agent who receives for delivery a vicious dog. Id. PROBATE COURT: has no jurisdiction to try questions involving title to property. PUBLIC FUNDS: See COUNTY FUNDS. PUBLIC HIGHWAYS: corresponding rights of drivers of teams and automobiles to the PUBLIC LANDS: duty of State to issue deed to person to whom it has issued its cer- PUBLIC SERVICE CORPORATIONS: see also STREET RAILWAYS. See MUNICIPAL CORPORATIONS; right of municipal corporation to impose burdens upon not pro- QUARANTINE: See CATTLE QUARANTINE. RAILROADS: liability of, for negligent killing of dog. Taylor v. St. Louis, I. M. where a dog is killed by the operation of a train, presumption of duty of, to maintain lookout; effect of curve in track. Id. injury to animal, negligence question for jury, when. Id. effect of railroads permitting food, attractive to animals to remain liability for injury to animal where fence bordering right-of-way liability for wilful tort of employee. Pine Bluff & Arkansas River liability for exemplary or punitive damages. Id. liability of railroad for acts of employee of receiver thereof. Holt Act 116, Acts 1907, requiring certain breaking crews on freight RAILROADS-Continued. defense of contributory negligence can not be pleaded under Kirby's length of time that employees of, may work, in freight service. Id. affecting liability. Id. overworking employees as affecting defense of contributory negli- liability for injury to servant because of any insufficiency of clear- REAL ESTATE BROKERS: right to commissions. Meyer v. Holland. same. Horton & Co. v. Beal, 273. agreement to pay commissions, effect of. Worthen v. Stewart, 294. effect of bad faith on the part of the broker. will be held to have failed to complete a sale so as to be entitled to Id. accord and satisfaction as to broker's claim for commissions, RECEIVERS: duty of agents of receivers of a railroad company to see that a sta- liability of receivers of a railroad company for an injury to a pas- RECEIVING STOLEN PROPERTY: unexplained possession of stolen property sufficient to warrant con- RES ADJUDICATA: identity of issues; judgment of circuit court as, where identical a former judgment will be held binding, when. Cooper v. McCoy, SALES: coupon contest. Millsaps v. Urban, 90. duty of offerer to abide by the terms of his offer, in a coupon con- Id. SALES-Continued. liability of offerer for breach of contract in coupon contest. Id. mers, Receiver, v. Carbondale Machine Co., 246. governed by what law. Id. Sum- sale of stallion under contract that he should be a sure breeder; required notice where change in, is proposed. Lewis v. Young, 291. custodian of funds of, who is. Black v. Special School District No. liability of stockholders of bank where funds of, are deposited. Id. STATUTES: construction of; when presumed to act prospectively. Black v. West construction of; intention of Legislature, how determined. |