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(DOMESTIC RELATIONS. FIDUCIARY RELATIONS. TORTS; NEGLIGENCE; INJURIES.)

IV. DOMESTIC RELATIONS.

The enhancement of damages for breach of promise of marriage on account of loss of the opportunity to marry another man to whom plaintiff was previously engaged is denied, although she broke her engagement with him at defendant's solicitation, since she cannot profit by her own fault. (Minn.) 669. See also infra, IX.

An action for tort to the person of a nonresident married woman is held not to be

property within the meaning of a statute providing that all property acquired within the state by husband or wife shall be subject to the community law of the state, and therefore a woman is allowed to bring such an action in her own name according to the law of her domicil, although she could not do so if she was a citizen of the state. (La.) 816. The right of a wife to sue for the alienation of her husband's affections is held to be conferred by a statute authorizing a married woman to sue as if single. (Ky.) 808.

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form the creditor of pending negotiations which would more than double the value of the stock, is held not to constitute a fraudulent concealment, since the debtor was under no obligation to speak of those facts. (Md.) 401.

Conversion.

To publish of a merchant that he has given a mortgage on his stock of goods, though it does not appear of record, is held not to be Contrary to the general doctrine as shown libelous per se; but it is held otherwise in by the annotation, the liability of a servant respect to a false statement that he does not for conversion of a trust fund which he reseem to have succeeded in obtaining the in-ceived from his master is denied in a case plicit confidence of local people, and that he is looked upon locally as an itinerant trader of small financial responsibility and uncertain prospects. (Ga.) 670.

Imitations.

where he acted under the master's orders in
using the fund to pay the master's debts,
though he had full notice of the rights of the

real owner of the fund, and also of his mas-
ter's insolvency. (Minn.) 644.
Nuisance.

residences shall constitute a public nuisance chimneys on buildings other than private is held constitutional. (D. C.) 532.

The false description of zine washboards as aluminum is held not to constitute unlaw-emission of thick black or gray smoke from An act of Congress declaring that the ful competition against a manufacturer of aluminum washboards who has a monopoly of that metal, where there is no attempt to represent the zine boards as those of his manufacture. (C. C. A. 6th C.) 609. Fraud.

Failure of a debtor, when seeking to obtain an abatement of a part of his debt and the release of stock held as collateral, to in

A railroad water tank in a street, and also a station at which there is constant ringing of bells, blowing of whistles, etc., as well as smoke and cinders, within a few feet of a church, is held to constitute a nuisance. (C. C. A. 8th C.) 488.

870

(PROPERTY RIGHTS; WILLS; LIENS.)

Malicious structures. The malicious erection of an unsightly high-board fence so as to obstruct the passage of light and air and the view from a neighbor's dwelling is held, in accordance with the majority of the decisions cited in a note in 40 L. R. A. 177, not to constitute an actionable wrong. (Wis.) 305.

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injunction A statute authorizing against the malicious erection or maintenance of any structure intended to spite a neighbor is held constitutional so far as it applies to structures which serve no useful (Wash.) 345.

purpose.

Pollution of waters.

The pollution of a stream by sewage from the buildings of a prison association containing several hundred persons is held to give a right of action to a riparian owner who used the water, not only for domestic purposes, but for a dairy and butter business. (Va.) 564.

Negligence of contractor.

The negligent piling of lumber by a person who has contracted to take it from a car, pile, and dry it, and use part of it in making articles, the rest to be turned over to the owner of the premises, who has no control or supervision as to the piling, is held not to make such owner liable to a third person for such negligence. (Mich.) 495.

Explosion.

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The injury of a spectator by the explosion of a bomb at an exhibition on private admission fee is grounds to which charged is held not to render the proprietor liable, where he had not been negligent and had no control over the exhibition, which (N. was in the hands of a skilled person. J.) 199.

Duress.

The right to recover illegal taxes is sustained on the ground that they were paid under compulsion, where the tax collector was attempting to sell property after a constructive seizure, though without any actual (N. D.) 262.

seizure or detention.

Negligence of physician. A physician who assures a person who voluntarily aids in caring for a wound, that there is no danger, knowing that there is infectious poison in it, is held liable for resulting injury to the assistant from the poison, although the physician may have been ignorant of slight abrasions on the hands of the attendant, in the absence of which there would have been no danger. (N. H.) 160.

Action for death.

A voluntary settlement of a cause of action for personal injuries, made by an injured person during his lifetime, is held to

bar a right of action by his wife or children, after his death, against the wrongdoer. (Ga.) 694.

Injury to passengers.

For injury to a passenger by negligent management of a derrick operated by employees of a state board engaged in raising the grade of a railroad bridge, and its approaches, the railroad company is held not to be liable, in the absence of any negligence on its own part, when it had no voice in the selection of the board or its employees, nor any power to interfere with or prevent their operations. (C. C. A. 2d C.) 201.

The failure of a railroad company to discover filth on the steps of a passenger car in the night-time within half an hour after the car had been inspected and found to be in good condition is held not to make the company liable for injury to a passenger by slipping on the step, when there is no evidence that due care would have prevented the accident. (N. J.) 468.

Injury to servants.

A railroad company which introduces socalled automatic switches not intended to operate themselves except in case of emergency, and which may be very dangerous if not properly operated, is held to be under obligation to instruct its employees, or promulgate rules as to their operation. (Č. C. A. 6th C.) 47.

The failure of workmen in a smelting factory to replace the planking over a pit during a recess taken for the purpose of eating is held to give no right of action against the employer for the death of a workman employed at another furnace who fell into the pit while going on an errand for his fore(N. J.) 417.

man.

Injury by defect in street. For an injury to a railroad switchman by defective planking at a street crossing the city is held liable, although the railroad company was by contract with the city required to keep the crossing in safe condition. (Kan.) 783.

Injury to others by trains.

The suction of a train drawing under it a person who stood at a crossing is held not to make the railroad company liable for the injury, if the result was not one which a person of ordinary prudence and circumspection (Mo.) could reasonably anticipate as likely to occur from the speed of the train. 153.

The unauthorized act of a trespasser in raising railroad gates and then lowering them so as to injure a passing team is held (N. J.) 862. to create no liability on the part of the railroad company.

VII. PROPERTY RIGHTS; WILLS; LIENS.

The loss by burning of buildings on premises for which a contract of sale had been made, but possession of which had not been transferred because the title was being investigated, is held to fall on the vendor, who is therefore entitled to the insurance. (Ga.)

680.

A deed of land containing a condition that no building shall be erected thereon nearer the street than the one then standing is held to create a condition in favor of the grantor, and not an easement appurtenant to premises which he still retained, where he was an invalid, and his expressed purpose

(CIVIL REMEDIES.) was to preserve his view from a window. (Mass.) 120.

Dower.

A wife's right of dower is held not to be affected by a release which she had attempted to make directly to her husband in a deed of separation. (Va.) 560.

Estates of insane persons.

A statute imposing upon the estates of insane persons a liability for the expense of their maintenance by a county, provided they have no heirs dependent upon such estates for support within the United States, is sustained against the contention that it was a special law or granted special privileges or immunities. (S. D.) 351.

Bankrupts' assets.

A policy of life insurance payable to the legal representatives of the insured is held not to constitute assets for his trustee in bankruptcy, where the policy has no cashsurrender value. (Ga.) 33.

Administrators' assets.

An administrator of a person who died in possession of chattels under an agreement for the use of them during the life of the possessor and that of the owner is held to have no title which will support an action for their possession against a third person who wrongfully took possession of them after the death of the bailee. (Mich.) 140.

Trademarks.

The word "perfection" is held to be a valid trademark in the name of what is called the "Perfection Mattress." (Ala.) 628.

Gas.

The pumping of natural gas to the damage of other proprietors having wells supplied from the same reservoir in the earth is held to be an unlawful injury to their property rights on the theory established by the decisions in 47 L. R. A. 627, and 177 U. S. 190, 44 L. ed. 729, that such owners are proprietors in common, each entitled to protection against injury to the common property by the others. (Ind.) 768.

Fixtures.

Wagon scales bought by conditional sale, but set up in such a way as to constitute a fixture, are held to pass to a purchaser at sheriff's sale, who buys without knowledge of the vendor's claim. (Iowa) 780.

Emblements.

A chattel mortgage on crops growing on mortgaged premises is held insufficient to constitute a severance of them which will prevent their passing to a purchaser of the land on foreclosure sale made while the crops are still standing. (Or.) 388.

A purchaser of land on foreclosure is held entitled to wheat which a tenant of the mortgagor had stored for payment as rent under a contract giving the mortgagor title to the

grain until settlement, where the statute provides that such purchaser shall be entitled to receive from a tenant in possession the rents or the value of the use and occupation. (N. D.) 254. Mines.

The relocation of a mining claim by a cotenant, where the annual assessment work had not been done upon it, is held not to give him any title as against his cotenants. D.) 184.

(S.

A location of lode-mining claims within the exterior boundaries of placer-mining claims previously located is upheld where the lode claim was known to exist before the application was made for a patent for the placer claim. (Colo.) 289.

to prosecute a tunnel under the surface of An important mining case denies the right prior lode claims, and also holds that the space of intersection given to the prior location in case of conflicting claims includes, not merely the intersection of the veins, but of the claims themselves. (Colo.) 209. Waters.

As to Pollution, see supra, VI.

A constitutional provision declaring that all the natural streams, lakes, springs, or other collections of still water within the state are the property of the state is held not to violate any provisions of the Federal Constitution. (Wyo.) 747.

A water right of one who has appropriated water to be used on nonriparian lands in his possession, but not owned by him, is held not to be an appurtenance of the land without a conveyance to the landowner. (Mont.) 737.

The artificial raising of a lake, and its maintenance in that condition for more than twenty years, during which the public use and enjoy it, is held to constitute a dedication of the lands flooded by thus raising it, and to make the artificial condition of the lake become in effect its natural condition, with all the incidents thereof. (Wis.) 836. Wills.

The law governing estates tail and executory devises is elaborately reviewed in a Georgia case. (Ga.) 361.

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VIII. CIVIL REMEDIES.

Injury to person, and also to the property of the same person, both resulting from the same tortious act, are held to constitute but one cause of action. (Minn.) 161.

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Action by agent.

An action to recover damages for breach of a contract to transport goods is held to be properly brought by an agent in his own

(CIVIL REMEDIES.)

name, where he made the contract without terminable as of the date of the sale of the disclosing his agency. (Ga.) 355.

Writs, service of.

A foreign insurance company which has ceased to do business in a state is held to be no longer subject to service of process on a state officer whom it had designated, as the statute required, as one on whom service against it could be made. (Kan.) 538.

A statute authorizing service of summons on corporations by leaving copies with the register of deeds where the corporation has its principal office, if it has neglected to file the names of officers on whom process may be served, is held invalid on the ground that such service would not constitute due process of law. (Wis.) 577.

Specific performance. Specific performance of a contract for stock in a corporation, made to obtain control of the corporation, is denied without regard to the validity of the contract, where the enforcement would not be equitable, even if the stock could not elsewhere be obtained. (Md.) 501.

Injunction.

A telephone pole in a street, obstructing a show window of the owner of the fee of that part of the street, is held to be a continuing trespass, against which an injunction may be granted. (Wis.) 298.

An injunction to compel the restoration of a stairway, in favor of the owner of an easement therein, is granted where the stairway was taken away pending an appeal from a decision denying such an injunction, although the cost of restoring it is much more than the injury to the complainant, since the defendant acted at his peril in taking it away before the suit (Mich.) 134.

Certiorari.

was determined.

A remedy by appeal, in order to bar certiorari, is held to be one which is adequate, and which will promptly relieve the petitioner from the injurious effects of the decision complained of. (Mo.) 787.

But in another case certiorari is denied where there is a remedy by appeal or writ of error, although the latter remedy is too slow to be adequate. (Mo.) 798.

Garnishment.

Attempts by successive garnishments to hold back in the employer's hands wages that are exempt from garnishment until after the expiration of the period of exemption, and then reach them by a new garnishment, are condemned by the court. (Minn.) 168.

Exemption.

property, so that he can claim his exemption if he is a resident on that day, though be was a nonresident when the property was levied upon. (W. Va.) 284.

Bankruptcy preferences.

The payment of money by an insolvent to an unsecured creditor in the ordinary course of business is held to be a transier which constitutes a preference within the meaning of the bankrupt law, and the creditor who has received such payment is required to surrender it before he can claim for the balance of his account. (C. C. A. 9th C.) 605.

As to bankruptcy, see also supra, I. and VIL Arbitration.

Submission of authorities to an arbitrator after close of the testimony, where it is expressly agreed that neither party is to be represented by counsel, is held to constitute a violation of the spirit of the submission which will avoid the award. (Mich.) 128. Political rights.

The right to have an inspector of a certain party at the polls is held to be a mere political right, which cannot be enforced in equity. (Ky.) 105.

Evidence.

A communication by client to attorney respecting a contract, when made in the presence of the other party to the contract, is held not to be a privileged communication. (Ga.) 356.

Parol evidence of the contract under

which grain was delivered and received is held admissible, although load checks were given for each load according to custom, and, when the delivery was complete, a receipt was given for the entire amount, and such receipts are made negotiable by statute, so that indorsement will transfer title.

235.

Presumption.

(Or.)

A presumption of negligence from the setting of fire to property by sparks from a locomotive is held to be merely prima facie and of no effect to make a conflict of evidence, where there is undisputed testimony of due care in the construction and operation of the engine. (Ala.) 620.

Damages.

A carrier's liability for delay in delivering goods which it received with knowledge of the shipper's liability to a penalty for each day's delay in delivering the goods is held to extend to such penalty. (Tenn.) 729.

Search warrants.

Counterfeit trademarks and labels are The nonresidence of a party which will held not to be forged instruments within the prevent him from claiming an exemption of meaning of a statute authorizing search warproperty from legal process is held to be de-rants for forged instruments. (Ill.) 60. 50 L. R. A.

(CRIMINAL LAW AND PRACTICE.)

IX. CRIMINAL LAW AND PRACTICE.

A statute making it a crime to marry a the meaning of an ordinance against gamwoman in order to avoid a prosecution for ing. (S. C.) 725. the seduction of the woman, and then to abandon her without just cause, is held constitutional. (Iowa) 97.

Insane persons.

Options.

A statute making options for the sale of those commodities which have been the subject of gambling operations unlawful is held A person who, so far as mental operations constitutional against the contention that it are concerned, is as sane as men are ordina- is a deprivation of property without due rily though as a result of excessive drinking process of law, or a denial of the equal proand illness caused thereby his brain has been tection of the laws, although it does not apaffected so as to change his character, mak-ply to other kinds of commodities. (Ill.) ing him dangerous by reason of an uncon- 762. trollable appetite at frequent intervals for strong drink and by its effects upon him, is held to be sane for the purpose of being tried for crime. (Cal.) 378.

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Contempt.

Punishment of a newspaper for contempt in criticising a court is held lawful where the newspaper, pending a decision, has attempted to control judicial action. (Neb.) 195.

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