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MASTER AND SERVANT.
servant, without fault, from negligence of such master; especially where injured employee was child receiving orders solely from said master and without access to president or general superintendent: and it makes no difference that master violated orders. Atlanta Cotton Factory v. Speer, 147.
11. Railroad company is liable in action on behalf of fireman killed by washing out of culvert, which was in improper condition, resulting from negligence and carelessness of its bridge-builder and road-master : his neg. ligence was negligence of defendant, and notice to him of defective construction was notice to latter. Davis v. Railroad Co., 623.
12. Workman was injured by break of elevator chain and fall of elevator. His business was to load elevator on lower floor and unload it on upper. Staircase near elevator connected the floors, and workman was injured while riding with his load on elevator. It appearing that chain had broken some six weeks before and had been repaired, and evidence being conflicting whether employer's superintendent had been notified of break, and it also appearing that ratchets to arrest fall of elevator were not in working order : Held, that employer's negligence was the jury, and that he was not relieved from liability if defective condition of chain and ratchets arose from negligence of fellow-workmen of plaintiff, whose duty it was to take care of them. Mulvey v. Locomotive Works, 623.
13. M., while using machine in his capacity of workman for manufacturing company discovered its defects and unsafe condition and complained to foreman, under whose orders he worked and whose duty it was to see that machinery was in order. Foreman promised to remedy defects and directed him to work on machine. M. thereupon continued to use machine, and, in so doing, was injured through said defects before any steps were taken to remedy same. Keld, that his knowledge was not conclusive of contributory negligence, but was a fact to be considered by jury in determining that question. Manufacturing Co.
v. Morrissey, 574, and note. MECHANICS' LIEN.
Where promissory note is given and received in payment for materials and
work the lien is waived. Crooks v. Door, Sash and Lumber Co., 348. MINOR. See Infant. GUARDIAN AND WARD. PARENT AND CH[LD. MORTGAGE. See ATTACHMENT, 2. COVENANT, 2. DEED, 4. DURESS, 3.
FIXTURE, 4, 5, 7. HUSBAND AND WIFE, 15, 19. INSURANCE, 17, 18. LIMITATIONS, STATUTE OF, 9. Trust AND TRUSTEE, 3, 4. UNITED STATES
Courts, 4. VENDOR AND VENDEE, 2, 3. I. Of chattels.
1. Owner of land, or mortgagor in possession after condition broken, may make valid chattel mortgage of growing crop superior to lien of subsequent attachment. Kimball v. Sattley, 689.
2. Mortgage of chattels belonging to another with oral consent or ratification of owner, cannot affect subsequent mortgage of same chattels by owner to one
without notice of ratification. Maier v. Daris, 549. II. Of realty.
3. Right of mortgagee to recover on insurance policy or mortgage where debt has been paid on the other. Castellain v. Preston, 168, note.
4. Trustee in deed of trust is trustee for both debtor and creditor, and he must use efforts of prudent man to protect all interests in property. Ventres v. Cobb, 284.
5. All persons must take notice of boundaries of counties and legislative changes thereof. Welch v. Stearns, 147.
6. Where mortgage has been recorded in one county and mortgaged premises become by legislative enactment part of another county, notice of foreclosure should be published in county in which the land is when notice is given. Id.
7. Generally, one purchasing land subject to mortgage, by express agreement assumes the mortgage. In such case, as between parties, purchaser becomes
primarily liable and mortgaged property the primary fund for payment of debt.
8. Mortgagee may, by his dealings with purchaser and mortgagor, recognise
9. Extension of time of payment of mortgage by agreement between holder
MUNICIPAL CORPORATION. See Constitutional Law, 5, 20. Contract,
Surety, 4. Taxation, 1. WHARF, 2.
Wilcox v. City, 814.
3. When tax collector arrests tax-payer for non-payment of tax already paid
4. Power of to pass ordinance interfering with rights of individuals or public
5. Bound by unauthorized acts of officers of that branch which is invested with
6. Property of county being held for public, is under uncontrolled power of
7. Where bonds donated by municipal corporation to railroad company re-
9. In Illinois, under coustitution of state, corporate authorities of cities can-
10. City has power to establish such reasonable appliances in public thor-
11. In action against, for damages resulting from breaking of plank in
12. Legislature having provided for assessment of tax on railroad companies,
13. City had notice of hole in sidewalk near railroad crossing and neglected
14. Under Illinois constitution corporate authorities of cities cannot be in-
for manufacturing purposes, bonds so given were void in hands of purchaser
15. Semble, that power to subscribe to company's stock would not, of itself,
16. Under general grant of power to declare what shall be a nuisance town
17. On the other hand there are many things which courts, without proof,
18. Where city is, by its charter, limited to levy of one per cent. of taxes for
· 19. Where county courts were authorized to subscribe in behalf of township
20. Under constitution of Missouri, city ordinance is void which undertakes
River Rendering Co. v. Behr, 690.
1. Have power to lend money upon personal obligation secured by pledge of
2. Interest received by, greater than lawful rate can not be set off in action
3. Where stockholder, with good ground to apprehend failure of bank, col-
4. Bill in equity in such a case, praying for discovery as well as relief,
5. National banking act confers power to receive special deposits, and where
6. Demand, and refusal by bank to deliver, with no other explanation than
7. Sect. 3466 Rev. Stat. U. S., giving priority to demands of United States
NEGLIGENCE, See Barlment. COMMON CARRIER, 10, 11. MASTER AND
SERVANT, 11, 13. MUNICIPAL CORPORATION, 1, 11, 13. National Banks,
1. Is the omission to use the means reasonably necessary to avoid injury to
2. To inaintain action for, there must be fault on part of defendant and no
3. Aside from statutory or municipal regulation, no rate of speed at which
4. In clear case of contributory negligence the court should direct jury to
5. If negligence of railroad company contributes to injury, company is
6. When bowl is set by landlord in tenant's room for his exclusive use, with
7. Landlord does not insure against tenant's negligence, nor does his liabil-
8. That boy between six and seven was upon railroad track at or near street
9. One who places in hands of child article known to be dangerous, is liable
12. Railroad company liable, notwithstanding negligence of intestate, if or-
13. Natural effects of tort are those which might reasonably be foreseen ;
14. Where passenger is injured by mutual negligence of servants of com-
15. No legal presumption that railroad company, while in exercise of lawful
16. That railroad company uses good machinery and most approved ap-
17. Railroad companies must use reasonable precautions to prevent fire being
18. Where obstruction in street is in plain view of driver of vehicle, and he
19. That woman sixty-seven years old, injured by being knocked down by
20. Person sailing in his yacht on Lord's day in violation of statute, if run into by steamboat, can only maintain action if act of those in charge of steamboat was wanton and malicious. Wallace v. River Nav. and Ex. Co., 691.
21. Freight car was left standing on side track so near main track as to make collision inevitable. Passenger was sitting with elbow on sill of open window resting his head on his hand. Corner of coach struck freight car so that it jarred the passenger's elbow outside window and his arm was crushed between the two cars. Held, that he was not guilty of contributory negligence. Far
low v. Kelly, 421. NEGOTIABLE INSTRUMENT.
1. Overdue coupon of municipal bond which has not matured, is. Town of Thompson v. Perrine, 221.
2. Transfer after maturity, of interest coupons payable to bearer on day
named, only passes title of transferror. Mckim v. King, 77. NOTARY PUBLIC. See Bills and Notes, 27. CRIMINAL LAW, 27. NOTICE. See ATTACHMENT, 8. BANK, 2. MORTGAGE, 5. MUNICIPAL COR
PORATION, 11. RAILROAD, 12. SURETY, 1.
Purchaser is not chargeable with constructive notice of all instruments and incumbrances of record, but only of such as lie in apparent chain of title.
Grundies v. Reid, 815. NOVATION. See DEBTOR AND CREDitor, 7 NUISANCE. See Equity, 15. INJUNCTION, 4. MUNICIPAL CORPORATION,
1. Ringing at early hour (to arouse boarding-house keepers or operatives living with them) of bell weighing 2000 pounds and set in open tower 40 feet from ground, and so situated as to residences owned and occupied before erection of bell, that they receive full force of sound, the inmates being deprived of sleep and their comfort impaired, is a private nuisance; and mill owner may be restrained by injunction, the ringing not being shown to be necessary or reasonable ; and evidence of custom to so ring bells in other places is inadmissible. Davis v. Sawyer, 349.
2. NOISE AND VIBRATION AS ELEMENTS OF NUISANCE, 625. OFFICER. See ATTACHMENT, 2, 3, 6, 7. ATTORNEY, 1. PROHIBITION, 2.
1. Town marshal may be bailiff. Constable cannot be sheriff, deputy sheriff or clerk of superior court, but may be marshal. Lewis v. Wall, 549.
2. Where officer is called upon by nature of service, to make an inquiry and investigation after process comes into his hands, he is only required to exercise reasonable care, skill and diligence in so doing Street v. Pennell, 285.
3. A sheriff who erroneously certifies in levy on land that appraisers were disinterested, is not liable in absence of negligence. Id.
4. Remedy for such error is in motion for leave to amend return, and in power of court under such motion, to extenıl necessary relief. Id.
5. In absence of constitutional or legislative restriction, where no definite term of office is prescribed by law, power of removal is incident to power of appointment, and that power is sole judge of existence of cause.
Patton v. Vaughan, 422.
6. In action on treasurer's official bond, his settlement with county court is
conclusive. Hunnicutt v. Kirkpatrick, 122. ORDINANCE.
1. Charter and ordinances of city stand in same relation as constitution and statutes of state. Quinette v. City, 485.
2. Where city charter provided that judges of election should receive no pay, and repealed all inconsistent ordinances, Held, that ordinance providing for
pay of judges and clerks was repealed only as to judges. Id. PARENT AND CHILD.
1. Father of infant child is entitled to its custody rather than mother; and