Bigelow v. Shaw. -Continued. land, such action not tending to injure water-powerOwner of land covered by water ordinarily sole owner of ice formed thereon-This right extends to ice forming over bed of stream, as far as his riparian rights extend-Grant of specified right of flowage for water-power purposesCreates mere easement—Higgins v. Kusterer, 41 Mich. 318, construed. BIG RAPIDS, CITY OF, BAker v., BIG RAPIDS, CITY OF, V. COMSTOCK, Adverse possession-If open, continued, and adverse for twenty years, owner acquires title to land actually occu pied as against the public-Encroachment of building on public street-Held on facts in this case not to warrant decree for removal of building. BLAKE V. CORNWELL, Acquiescence of land owners in erection of mill-dam causing BOARD OF SUPERVISORS V. VINCENT, Board of supervisors, having access to books and vouchers of county treasurer-And it being its duty to make annual settlements with him-Conclusively presumed to know the contents of such books and vouchers-Incumbent on it to ascertain amount of money paid sheriff under resolution authorizing him to draw funds from treasury for expenses in criminal cases-Which he was to account for on settlements with the board-And the manner of his disbursement of said money-Such knowledge prevents a fraudulent concealment of such facts from the board, so as to save bar of statute of limitations to claim for sums not accounted for received more than six years prior to suing to recover same. PAGE 76 78 467 503 BOARD OF SUPERVISORS OF CHIPPEWA COUNTY V. AUDITOR Power of State to exempt from taxation lands granted in aid BOGLARSKY V. SINGER MANUFACTURING COMPANY, Verdict of jury-Conclusive as to facts necessary to support claim of successful party, in absence of errors of law- Books of account showing notes collected by defendant, on which plaintiff claims a commission-On failure to pro- duce on the trial, on due notice-Defendant having Affidavit for attachment-Must show on its face that it was made by the plaintiff, or by some person in his behalf— Must be filed with justice before he can issue writ-If not so filed, or if defective in matters of substance, which defects are not waived by a general appearance, justice Decree for divorce-Granted by consent of defendant after issue joined and proofs taken-Is binding unless impeached for fraud or mistake-Alimony-Order for conveyance of defendant's interest in a lot of land, an unusual method of payment of-But, on facts in this case, decree not dis- BRIGGS V. FIREMAN'S FUND INSURANCE COMPANY, Application for and policy of insurance constitute the agree- PAGE 408 52 PAGE Briggs v. Fireman's Fund Insurance Co.—Continued. when application was signed, assured presumed to have Ferocious animals-Declaration for injuries by, alleging that owner wrongfully kept animal, with knowledge of its vicious habits, is sufficient-Place of keeping need not be alleged-Not customary to negative plaintiff's negligence -Defendant's negligence consists in keeping such an animal after notice of its dangerous habits-Procf of such facts makes prima facie case-Proof that plaintiff provoked the animal, or was grossly negligent in going near it, with knowledge of its vicious habits, a good defense. BROWN V. BROWN, 64 Mich. 82 Rehearing denied April 21, 1887, and opinion reported with main case. Consolidation of railroad companies-Suit by assignee of consolidated corporation on note given to one of the original companies-Legality of consolidation must be shown to warrant a recovery-Such fact held not established in this case-Donation note to railroad company, payable on condition of construction or securing of continuous line of road between two given points, and location of repairshops at one of them-Agreement for use of track and appurtenances of another road for a portion of the distance named, subject to cancellation within specified time 520 PAGE Brown v. Dibble Estate.-Continued. and to control of leased line by its owners, with power of suspension or dismissal of employés of both roads-Held not a performance of condition of note. BROWN V. MCCORD & BRADFIELD FURNITURE Co., Verdict of jury final on questions of fact, in absence of errors of law-Charge of court on his own motion, without reference to requests of counsel-Isolated sentences cannot be considered apart from context-Charge to be taken as a whole, without undue weight being given to any partMultiplicity of requests, where issues not complicated, of injurious tendency-Sufficient to instruct jury upon essential features of case. BROWN V. METROPOLITAN LIFE INSURANCE CO., Answers of applicant for life insurance—If correctly written down by agent, after application was signed and he had returned to his office, company not estopped from showing their falsity-Question whether assured made the statements is for the jury—“ Attendance of physician," as used in application, means for serious ailment-Contradictory answers in two applications to same questions-If the last were false, policy is void-Company not bound to take notice of first answers, nor estopped from showing falsity of later ones-"Sound health," in insurance parlance, means freedom from diseases seriously affecting general soundness of system-Bright's disease, not only a serious but dangerous disease-Conversation of physician with mother of assured as to her health-He having no personal knowledge on the subject-Incompetent as independent evidence of such fact-Photograph of assured incompetent evidence to show her "healthy appearance"-Fact as to treatment or non-treatment of assured for particular disease-Not a matter of privilege, when sought to be shown to contradict her answer in application- Where answers were claimed to have been filled in after application was signed, competent to show that agent filled them in incorrectly as meeting charge of their falsity-Testimony of physician as to statements made by assured regarding her freedom from a certain disease-And his consequent conclusion and report to company that she was not so afflicted -Competent as proof tending to show that fact. 860 306 BUCK, EDGAR V., BUECK V. LINDSAY, Negligence of defendants, by reason of employé driving horse across public street-With whiffletree dragging behind, to which was attached a chain-The hook of which caught in the foot of plaintiff's horse, who was driving along the street-Throwing him down and permanently injuring him-Plaintiff not seeing chain, and employé making no effort to prevent accident, and not having control of horse-Held, a question for the jury. BURLAGE V. BURLAGE, Divorce for extreme cruelty-Statute authorizing decree for absolute divorce, where case made out for one of permanent separation, construed. BURNSIDE V. Davis, Attachment in justice's court-Affidavit which fails to identify plaintiffs, void-Statute does not contemplate that it be attached to writ-Contrary rule in circuit court-Sufficient affidavit essential to jurisdiction. BURRILL V. KIMBELL, Fraud-Evidence of in suit involving validity of sale to BURRILL V. WILCOX LUMBER COMPANY, PAGE Fixtures-Annexation of chattel mortgaged shingle-mill machinery, with mortgagee's consent, to building permanently erected on land purchased on contract by mortgagor -Held personal property, and not affected by clause in contract providing that buildings and improvements placed on land should remain as additional security-Copy of lost paper as evidence-Question of fact for jury whether paper offered is true copy-Trover for chattelmortgaged property afterwards included with other chattels in bill of sale to mortgagee-Only value of property in suit material to issue, question of fraud in sale not being involved-Value of shingle mill-Proof of what witness sold similar mill for, incompetent. 356. 105 624. 74 217 571 |