PRISONS.

13 (U.S.C.C.A.Conn.) Attorney General, under statutes and practice of comity, may change place of imprisonment of federal prisoner to state prison (Comp. St. § 10547).Chapman v. Scott, 10 F. (2d) 690.

13 (U.S.D.C.Conn.) Attorney General may transfer convict from federal to state prison, without notice to or consent of convict.-Chapman v. Scott, 10 F. (2d) 156.

District Court may not question administrative act of Attorney General in transferring federal prisoner.-Id.

Prisoner could not object because federal government surrendered custody.-Id.

That state prison warden changed federal prisoner's number, when surrendered to state authorities for trial, held not to change legal status of prisoner.-Id.

15 (U.S.D.C.Conn.) Order of President held "commutation," and not "pardon."-Chapman v. Scott, 10 F. (2d) 156.

Commutation of federal prisoner's sentence, to enable sentence imposed by state court to be carried out, held not violative of prisoner's constitutional rights.-Id.

Prisoner could not object to commutation of his sentence to federal prison to enable state sentence to be carried out.-Id.

(J) Patents.

114(3) (App.D.C.) Scope of decision in action to determine rights under patent stated.Work v. Read, 10 F. (2d) 637.

(K) Remedies in Cases of Fraud, Mistake, or Trust.

128 (App.D.C.) Homestead claimant, after issuance of land patent to contestant, may sue in equity to have latter's title impressed with trust.-Perry v. Work, 10 F. (2d) 887.

III. DISPOSAL OF LANDS OF THE STATES.

173(14) (U.S.C.C.A.Tex.) County held not entitled to question validity of sale of school lands.-Madison County, Tex., v. Wilson, 10 F. (2d) 149.

PUBLIC SERVICE COMMISSIONS.

7 (U.S.D.C.Mo.) Fair present value of property is value used for rate-making purposes.-Springfield Gas & Electric Co. v. Public Service Commission of Missouri, 10 F. (2d)

252.

7 (U.S.D.C.N.J.) Present fair value of property of public utility corporation given effect in fixing rate base.-Middlesex Water Co. v. Board of Public Utility Commissioners of New Jersey, 10 F. (2d) 519.

Rates giving less than 6 per cent. return held confiscatory. Id.

7 (U.S.D.C.N.Y.) Ascertainment of value of public utility's property relative to rates is matter of reasonable judgment.-New York & Richmond Gas Co. v. Prendergast, 10 F.(2d) 167.

"Going concern value" is property, for purpose of rate fixing.-Id.

Undistributed structural costs and working capital should be allowed in determining value for rate-making purposes.-Id.

18 (U.S.D.C.Mo.) Public Service Commission should make finding supporting order establishing lower rates.-Springfield Gas & Electric Co. v. Public Service Commission of Missouri, 10 F. (2d) 252.

PUBLIC SERVICE CORPORATIONS. See Carriers; Electricity; Gas; Railroads; Street Railroads.

RAILROADS.

See Street Railroads.

X. OPERATION.

(C) Companies and Persons Liable for Injuries.

266 (U.S.D.C.Minn.) Employee failing to warn liable to person injured, and can be joined as defendant.-Burrichter v. Chicago, M. & St. P. Ry. Co., 10 F. (2d) 165.

(F) Accidents at Crossings.

314 (U.S.C.C.A.Ohio) Operatives, in exercising ordinary care, required to consider obstructions off right of way.-Baltimore & O. R. Co. v. Goodman, 10 F. (2d) 58.

be based alone on high speed at unobstructed country crossing.-Baltimore & O. R. Co. v. Reeves, 10 F. (2d) 329.

327 (8) (U.S.C.C.A.Ohio) Reasonable care required of truck driver.-Baltimore & O. R. Co. v. Goodman, 10 F. (2d) 58.

333(1) (U.S.C.C.A.III.) Automobile driver held guilty of contributory negligence in failing to wait.-Pere Marquette Ry. Co. v. Anderson, 10 F. (2d) 357.

337 (2) (U.S.C.C.A.Ohio) Failure to keep crossing approaches in repair held not basis of

recovery for collision with automobile.-Baltimore & O. R. Co. v. Reeves, 10 F. (2d) 329.

346 (5) (U.S.C.C.A.Ohio) Presumption decedent looked and listened for train rebuttable. -Baltimore & O. R. Co. v. Goodman, 10 F. (2d)

58.

350(7) (U.S.C.C.A.Ohio) Submission of theory of duty to give signals, in addition to statutory signals, held error.-Baltimore & O. R. Co. v. Reeves, 10 F. (2d) 329.

350(11) (U.S.C.C.A.Ohio) Submission of question of negligence based on speed held error.-Baltimore & O. R. Co. v. Reeves, 10 F. (2d) 329.

350 (22) (U.S.C.C.A.Ohio) Truck driver's negligence at obscured crossing held for jury -Baltimore & O. R. Co. v. Goodman, 10 F. (2d)

58.

350 (26) (U.S.C.C.A.Ohio) Automobile driver's contributory negligence held for jury. Baltimore & O. R. Co. v. Reeves, 10 F. (2d) 329.

350 (32) (U.S.C.C.A.Ohio) Whether failure to erect statutory signs at crossing contributed to injury held for jury.-Baltimore & O. R. Co. v. Reeves, 10 F. (2d) 329.

350 (33) (U.S.C.C.A.Ohio) Evidence held not to warrant submission of last clear chance doctrine.-Baltimore & O. R. Co. v. Reeves, 10 F. (2d) 329.

(G) Injuries to Persons on or near Tracks. 358 (2) (U.S.C.C.A.Pa.) Care required as to children playing in yards with company's acquiescence.-Erie R. Co. v. Kazanecki, 10 F. (2d) 337.

398 (1) (U.S.C.C.A.Pa.) Permissive use of yard as playground may be proved by witness observing children playing.-Erie R. Co. v. Kazanecki, 10 F.(2d) 337.

Finding of negligence as to child permissibly on track sustained.-Id.

400 (2) (U.S.C.C.A.Pa.) Permissive use of yard by children as playground held for jury. -Erie R. Co. v. Kazanecki, 10 F. (2d) 337. REAL ACTIONS.

See Partition.

RECEIVERS.

V. ALLOWANCE AND PAYMENT OF CLAIMS.

150 (U.S.C.C.A.Ohio) Consideration for notes to bank, given by corporation having common management, held shown by evidence showing credit was given for each note discounted.-Wentz v. Scott, 10 F. (2d) 426.

158(1) (U.S.C.C.A.Tex.) When equitable right of priority attaches to claim against railroad stated.-International-Great Northern R. Co. v. Binford, 10 F. (2d) 496, followed in Same v. Edgeley, 10 F. (2d) 501.

163 (U.S.C.C.A.N.Y.) No interest on claim for eviction of tenant after receiver appointed for insolvent landlord.-American Brake Shoe & Foundry Co. v. New York Rys. Co., 10 F. (2d) 28.

VI. ACTIONS.

165 (U.S.C.C.A.N.Y.) Receiver of lessor, not party to creditors' bill, must bring plenary suit to recover funds of which he was not in possession, even though it be ancillary.-American Brake Shoe & Foundry Co. v. New York Rys. Co., 10 F. (2d) 920.

Lessors of street railway, intervening in receivership proceeding against lessee, are parties for any controversy which may arise between them and receiver.-Id.

RECEIVING STOLEN GOODS.

8(3) (U.S.C.C.A.Porto Rico) Evidence held to warrant conviction for possessing property known to have been stolen from mails.-Garcia v. U. S., 10 F. (2d) 355.

RECORDS.

See Criminal Law, 1086.

7 (U.S.C.C.A.N.Y.) Paper not "filed" until deposited with clerk of court.-In re Gubelman, 10 F.(2d) 926.

REFORMATION OF INSTRUMENTS.

I. RIGHT OF ACTION AND DEFENSES. torily proved equity will reform contract to 17(1) (App.D.C.) If mistake is satisfacconform to parties' intent.-Sanders v. Monroe, 10 F. (2d) 997.

25 (App.D.C.) Negligence in failing to read legal duty to justify withholding of equitable instrument must amount to failure of positive relief.-Sanders v. Monroe, 10 F. (2d) 997.

Mortgagor's failure to read agreement as to debt covered by trust deed held not such negligence as to preclude relief.—Id.

Failure to read instrument prepared by other party, because of confidence in latter, furnishes very narrow ground for denying reformation.-Id.

II. PROCEEDINGS AND RELIEF.

45(8) (App.D.C.) Evidence held to show that trust deed was not intended to cover note, thereafter acquired by mortgagee, as provided in contemporaneous written agreement.-Sanders v. Monroe, 10 F. (2d) 997.

Plaintiff's testimony that he could not read instrument, which he subsequently read with difficulty, held not to preclude relief.—Id.

RELEASE.

I. REQUISITES AND VALIDITY.

7 (U.S.C.C.A.Or.) Agreement not to sue one joint tort-feasor held not a "release," but a "covenant not to sue."-Pacific States Lumber Co. v. Bargar, 10 F. (2d) 335.

24(2) (U.S.C.C.A.Cal.) Release could not be avoided without restoring consideration if signed with full knowledge of its terms, but might be disregarded if employee was deceived as to its contents.-Miles v. Lavender, 10 F. (2d) 450.

II. CONSTRUCTION AND OPERATION.

27 (U.S.C.C.A.N.Y.) Release of dock company in libel by carrier for shortage in shipment of cocoa beans, when carrier's lighter was damaged by dock company's foul berth, held conclusive as to owner's similar claim for damages to shipment.-Mercantile Bank of the Americas v. Flower Lighterage Co., 10 F. (2d) 705.

29(1) (U.S.C.C.A.Or.) Release of one joint tort-feasor will release other.-Pacific States Lumber Co. v. Bargar, 10 F.(2d) 335.

37 (U.S.C.C.A.Or.) Covenant not to sue does not release another tort-feasor.-Pacific States Lumber Co. v. Bargar, 10 F. (2d) 335.

REMOVAL OF CAUSES.

I. POWER TO REMOVE AND RIGHT OF REMOVAL IN GENERAL.

2 (U.S.D.C.Mass.) Removal statute should not be enlarged beyond what is definite and free from ambiguity.-McCaffrey v. Wilson & Co., 10 F.(2d) 368.

3 (U.S.D.C.S.C.) That federal court first acquires jurisdiction of res does not give right of removal.-Mace v. Mayfield, 10 F. (2d) 231. II. ORIGIN, NATURE, AND SUBJECT OF CONTROVERSY.

19(7) (U.S.D.C.S.C) Action to establish preferred claim against insolvent national bank held removable to federal court, despite amount involved.-Studebaker Corporation of America v. First Nat. Bank, 10 F. (2d) 590,

Presence of banks as parties defendant in

material.-C. C. Mengel & Bro. Co. v. Handy Chocolate Co., 10 F.(2d) 293.

182(1) (U.S.C.C.A.Cal.) Testimony held to make jury questions as to buyer's duty to specify vessels and whether refusal by vessels constituted breach of contract by seller.-Hecht v. Alfaro, 10 F. (2d) 464.

182(1) (U.S.C.C.A.Ind.) When breach of contract occurred, and whose it was, held fact questions for jury.-Hanging Rock Iron Co. v. P. H. & F. M. Roots Co.. 10 F. (2d) 154.

182(1) (U.S.D.C.Pa.) Whether proportion of defective goods warranted rescission held for jury.-Dodge v. F. A. D. Andrea, Inc., 10 F. (2d) 387.

V. OPERATION AND EFFECT. (A) Transfer of Title as Between Parties. 199 (U.S.C.C.A.Miss.) Want of shipping instructions before destruction by fire of goods sold held not to affect title thereto.-Planters' Oil Mill & Gin Co. v. A. K. Burrow Co., 10 F. (2d) 312.

2182 (U.S.C.C.A.Miss.) Evidence held insufficient to establish effective delivery of cotton seed linters, sold before destruction thereof by fire.-Planters' Oil Mill & Gin Co. v. A. K. Burrow Co., 10 F. (2d) 312.

VII. REMEDIES OF SELLER.
(D) Resale.

339 (U.S.C.C.A.Okl.) If seller, on buyer's breach, resells goods, he may recover difference between price and net proceeds of resale.-Griffin Grocery Co. v. Richardson, 10 F. (2d) 467.

(E) Actions for Price or Value. 357(1) (App.D.C.) Failure of plaintiff to prove demand before suit held to warrant inference that none was made.-Ross v. McLean, 10 F.(2d) 627.

358(1) (App.D.C.) Exclusion of testimony as to plaintiff's compliance with Jockey Club rules in action for part of purchase price of race horse held not error.-Ross v. McLean, 10 F. (2d) 627.

(F) Actions for Damages. 384(7) (U.S.C.C.A.Okl.) Seller's damages held difference between contract price and amount obtained on resale, plus expenses incident thereto.-Griffin Grocery Co. v. Richardson, 10 F. (2d) 467.

Under facts, seller had right to resort to resale.-Id.

388 (U.S.C.C.A.Okl.) Instruction that seller contracted to sell three cars of good, country run, well-sacked sorghum or cane seed held proper.-Griffin Grocery Co. v. Richardson, 10 F. (2d) 467.

SALVAGE.

SEAMEN.

troversy, within statute.-The Howick Hall, 10 F. (2d) 162.

Captain's verbal statement to shipping commissioner held not a "submission to arbitration." -Id.

7 (U.S.D.C.La.) Provision of shipping articles, making any change in working rules and wages retroactive, held not applicable to arbitrary reduction of wages.-The Howick Hall, 10 F.(2d) 162. may recover

II (U.S.C.C.A.Pa.) Seaman only actual outlay for cure and not for free treatment.-The Balsa, 10 F. (2d) 408.

19 (U.S.D.C.La.) Seaman, refusing consent before start of voyage, to alteration of wage clause, entitled to full wages, where discharged at first port of call for such refusal.-The Steel Trader, 10 F. (2d) 248.

23 (U.S.D.C.N.Y.) Statute prohibiting payment of seamen's wages in advance inapplicable to advancements by foreign vessel in foreign port. The Archimedes, 10 F. (2d) 234.

29(2) (U.S.C.C.A.N.Y.) Recovery for seaman, washed overboard when working on deck load of lumber, may be had, though ship seaworthy.-Zinnel v. U. S. Shipping Board Emergency Fleet Corporation, 10 F. (2d) 47.

29(4) (U.S.C.C.A.N.Y.) Seaman, working on deck load in obedience to orders, held not to assume risk from absence of guard rope.-Zinnel v. U. S. Shipping Board Emergency Fleet Corporation, 10 F. (2d) 47.

(U.S.C.C.A.N.Y.)

Whether there 29(5) were lines along port side, where seaman was washed overboard, held for jury.-Zinnel v. U. S. Shipping Board Emergency Fleet Corporation. 10 F. (2d) 47.

Whether absence of line along port side was failure to exercise reasonable care to furnish safe place to work held for jury.-Id.

Reasonable men might differ on question whether seaman would have been saved if there had been rope along deck where he was washed off.-Id.

SEARCHES AND SEIZURES.

3 (U.S.C.C.A.N.Y.) Search Warrant Act regulates only entry of searching_officer.-U. S. v. Old Dominion Warehouse, 10 F.(2d) 736. 3 (U.S.C.C.A.N.Y.) Entry and arrest held lawful, where affidavit for search was made by federal officer after entry on defendants' premises, since he had previous knowledge sufficient for warrant.-Rouda v. U. S., 10 F. (2d) 916.

3 (U.S.C.C.A.Tenn.) Search of defendant's home for narcotics not invalid, because warrant stated that National Prohibition Act had been violated.-Ray v. U. S., 10 F. (2d) 359.

Affidavit for warrant to search defendant's home for narcotics not invalid, because not negativing all provisions of statute authorizing sale of narcotics.-Id.

3 (U.S.D.C.Cal.) Captions or directions essential parts of warrants.-U. S. v. Nestori, 10 F. (2d) 570.

Courts should not attach undue influence to purely formal considerations in passing on validity of search warrant.-Id.

5 (U.S.C.C.A.Ky.) Remedies of defendants in criminal action, complaining of unlawful seizure of goods to be used as evidence, stated.Dowling v. Collins, 10 F. (2d) 62.

Defendants in criminal case held not entitled in original suit therefor to return of goods alleged to have been unlawfully seized.-Id.

7 (U.S.C.C.A.III.) Government held not to have practiced fraud or deception in securing papers under subpoenas addressed to corporations although it later appeared that companies were not corporations.-Thompson v. U. S., 10 F. (2d) 781.

7 (U.S.C.C.A.Ky.) Search of business building and basement thereof held reasonable, irrespective of validity of search warrant.-Dowling v. Collins, 10 F. (2d) 62.

7 (U.S.C.C.A.N.Y.) Searching officer, after lawful entry, held not limited by terms of warrant as related to liquors which he could lawfully seize.-U. S. v. Old Dominion Warehouse, 10 F. (2d) 736.

Validity of search after lawful entry determined by reasonableness.-Id.

8 (App.D.C.) Defendant's plea, in action against officers for damages for wrongful entry and search, held good as against demurrer. -Hunt v. Evans, 10 F. (2d) 892.

Officer not concerned with illegalities in warrant regularly issued and legal on its face. . —Id.

SENTENCE.

See Criminal Law, 996-1001.

SEPARATE PROPERTY.

See Husband and Wife, 129.

SHIPPING.

See Salvage; Wharves.

III. CHARTERS.

39 (U.S.C.C.A.N.Y.) Whether charter amounts to demise depends on whether owner has parted with full possession and control during period of charter party.-The Capitaine Faure, 10 F. (2d) 950.

Charter held not a demise of ship.-Id.

41 (U.S.C.C.A.N.Y.) Charterers of ship are in certain respects owners pro hac vice, and can bind ship in certain matters.-The Capitaine Faure, 10 F. (2d) 950.

42 (U.S.C.C.A.N.Y.) Limitation in charter party that required capacity of ship's gear was three tons would not place corresponding limitation on mast.-Scottish Nav. Co. v. Munson S. S. Line, 10 F. (2d) 708.

50 (U.S.C.C.A.N.Y.) Master held entitled to sign bills of lading and charterers bound "to indemnify" owners against loss resulting therefrom. The Capitaine Faure, 10 F. (2d) 950.

50 (U.S.C.C.A.Tex.) Charterers held required to pay only port charges enumerated in charter party.-Wilkens V. Trafikaktiebolaget Grangesberg Okelosund, 10 F. (2d) 129.

58 (2) (U.S.C.C.A.N.Y.) Charterer of scow held to have sustained burden of proving sinking at wharf was due to negligence of owners' captain.-Schoonmaker-Conners Co. v. Rosoff Engineering Co.. 10 F. (2d) 64.

58 (2) (U.S.C.C.A.N.Y.) Evidence held not to show that loading of marble by subcharterer on extreme stern of barge did not injure it.Dempsey v. Merritt, Chapman & Scott Corporation, 10 F. (2d) 687.

58(2) (U.S.C.C.A.N.Y.) Evidence held not to show that repairs to chartered ship, necessitating delay in delivery, were because of latent defects.-Pendleton Bros. v. Pearce, 10 F. (2d) 692.

58 (2) (U.S.C.C.A.N.Y.) Evidence held to show that weight of log loaded on chartered vessel was not such as to cause mast to buckle. -Scottish Nav. Co. v. Munson S. S. Line, 10 F. (2d) 708.

In action by owner against charterer, stevedoring in loading logs held, on evidence, up to local standard of excellence.-Id.

Evidence held to show that mast, which broke while loading chartered vessel, which had been in place 20 years and had been repaired, was weak. Id.

58(2) (U.S.D.C.Mass.) Evidence held to make prima facie case for subcharterer for delay.-Palmer & Parker Co. v. U. S., 10 F. (2d) 214.

Evidence held to show subcharterer did not know vessel belonged to United States Shipping Board.-Id.

58 (3) (U.S.C.C.A.N.Y.) $6.50 per ton allowed charterers as measure of damages for failure to deliver chartered ship, will be regoods shipped on their own vessel, on owner's disinterested witnesses.-Pendleton Bros. duced to $3.75, to correspond to testimony of Pearce, 10 F. (2d) 692.

V.

On owner's failure to deliver ship, charterers may recover difference between contract price and rate paid the following spring for transporting goods.-Id.

Measure of damages on owner's failure to deliver ship according to charter is difference between contract price and market price of substitute tonnage.-Id.

IV. MASTER.

Reference to customs in clause as to loading and discharging held not to apply to remainder of charter.-Id.

Charge must be lien on vessel to constitute a "port charge."-Id.

Wharfage chargeable to charterers, held to include "dockage."-Id.

Construction of dockage charge against vessel as valid preferred.-Id.

Charge for inspection of cotton before loading held not a "port charge."-Id.

Outward pilotage clause held to cover charge of pilotage from Houston to Port Bolivar.-Id. "Extra port charge" clause held to charge of pilotage from Port Bolivar to Galveston pier.-Id.

cover

SCOW

51 (U.S.D.C.Mass.) Maritime Lien Act held not applicable to damages to cargo from delay. -Palmer & Parker Co. v. U. S., 10 F. (2d) 214. 54 (U.S.C.C.A.N.Y.) Charterer of held liable for damage, unless, as pleaded, caused by captain's negligence.-SchoonmakerConners Co. v. Rosoff Engineering Co., 10 F. (2d) 64.

56 (U.S.D.C.Mass.) Vessel held not liable to subcharterer for delays caused by charterer. -Palmer & Parker Co. v. U. S., 10 F. (2d) 214.

scow, remaining on board, represented owners. -Schoonmaker-Conners Co. v. Rosoff Engineering Co., 10 F. (2d) 64.

69 (U.S.C.C.A.Pa.) Master's right to libel vessel for costs of cure and maintenance not determined by matters stated.-The Balsa, 10 F. (2d) 408.

Master entitled to recover cost of cure and maintenance from vessel.-Id.

V. LIABILITIES OF VESSELS AND OWNERS IN GENERAL.

Board of Trade, requiring gratings on coal trim86 (2) (U.S.C.C.A.Md.) Circular of British mers' escape hatches, could not be given effect, in absence of evidence of effect given thereto by British law.-Jones v. Gould Steamships & Industrials, 10 F. (2d) 792.

86(2) (U.S.C.C.A.Tex.) Evidence held to establish contributory negligence barring recovery for death of one knocked from launch by den Shipping Co., 10 F. (2d) 412. cables across slip.-Truelson v. Whitney & Bod

VII. CARRIAGE OF GOODS.

101 (U.S.D.C.N.Y.) Vessel held common carrier and not special carrier.-The City of Dunkirk, 10 F. (2d) 609.