substantial extent in a manner not suffered by general public, held a damage to plaintiffs' property, within Const. art. 2, § 22, prohibiting damage to private property without just compensation. Sewer Improvement Dist. No. 1 of City of Wynne v. Fiscus, Ark., 193 S. W. 521. 35.- Overflowing Land.-Properties of abutting owners in Kentucky of beds and shores of creeks tributary to the Cumberland and Kentucky rivers could not be overflowed without compensation, by the backwater resulting from maintenance by federal government in aid of navigaiton of locks and dams upon those rivers in that state.-United States v. Cress, U. S. S. C., 37 S. Ct. 380. Estoppel-Husband and Wife A wife, 36. having sold part of a tract of land subject to a lien, and consented to a release of the lien on that part, is estopped from asserting against the holder of the lien the right to have the land sold made subject to lien before the homestead. -Loe v. Bellgardt, Tex., 193 S. W. 714. 37. Executors and Administrators-Gratuitous Services. The presumption that services rendered by one member of a family to another are gratuitous does not apply where the member rendering the services has married and lives separate from the other member, though under the same roof.-Kleinberg v. Kinealy, Mo., 193 S. W. 981. 38. Fraudulent Conveyances-Purchaser in Good Faith.-To enforce lien for money that entered into purchase of realty under trust agreement between father and daughter, whereby daughter was to hold in trust for her father realty purchased with his money, title being taken in her name, it was necessary, as against a purchaser of the property for value, to allege and prove his knowledge of the trust agreement, since such agreement is invalid as against a purchaser in good faith.-Spurgeon v. Olinger, Ind., 115 N. E. 680. action for 39. Highways-Evidence.-In an damages for killing of plaintiff's cow, necessitated by injury from being struck by defendant's automobile, alleged to have been operated at high and dangerous rate of speed, evidence as to its speed, and that defendant did not turn out as it passed wagon by which cow was being led, was admissible.-Saylor v. Motor Inn, Minn., 162 N. W. 71. 40. Homestead-Intention.-Where land was purchased with declared purpose and intention to use such property as a homestead, accompanied by improvements and preparations to so occupy it, such property was not exempt from an attachment and sale as a homestead, while husband and wife were still occupying and using an existing homestead, and fact that proposed homestead was occupied under a lease preventing them from taking immediate possession was immaterial.-Pierce v. Langston, Tex., 193 S. W. 745. 41. Husband and Wife-Agency.-Where husband acted as wife's agent in arranging sale of real estate of wife, and he gave his individual note for broker's commission in which his wife did not join, she was not liable on the note or for commission.-Harnwell v. J. D. Arnold & Co., Ark., 193 S. W. 506. 42. Joinder.-Under Vernon's Sayles' Ann. Civ. St. 1914, art. 4624, a note signed by a wife without being joined by her husband is a nullity. Shaw v. Proctor, Tex., 193 S. W. 1104. 43. Indictment and Information. Keeping Gaming Table.-Count in indictment charging accused with knowingly and feloniously keeping gaming table, etc., is defective, because not charging the act was done unlawfully and willfully.-State v. Satterfield, Del., 100 Atl. 473. 44. Selling Intoxicating Liquor.-A count in an information that accused sold intoxicating liquors to three persons named therein imports a sale at the same time to such persons, and is not duplicitous.-Ray v. State, Del., 100 Atl. 472. 45. Injunction-Pecuniary Damages.-Injunction will lie to enjoin interference with property used for divine service, as, entire value of property consisting in its free and undisturbed use, no pecuniary damages furnish compensation in such case.-Ashinsky v. Levenson, Pa., 100 Atl. 491. 46. Insurance-Accident.-In action on policy, whether injury from twisting the body in trying to avoid a fall on icy ground, thereby tearing the intestines so as to render an operation necessary, was an accident, was for the jury.-Kelley v. Pittsburgh Casualty Co., Pa., 100 Atl. 494. 47. Expectancy.-None of the parties eligible to appointment as beneficiaries of fraternal benefit insurance has any vested right to aphas the party appointed any pointment, nor vested right of which he cannot be deprived by the act of the assured.-Bush v. Modern Woodmen of America, Iowa, 162 N. W. 59. 48. Implied Authority.-A surety company's agent has no implied authority, without receiving an additional premium, to verbally substitute an obligation for an unlimited sum without conditions for a written contract in a limited sum based on specific conditions.-Meegan v. Illinois Surety Co., Mo., 193 S. W. 899. 49. Return of Premium. In action on a life policy providing that policy shall be void for suicide within one year, insured having committed suicide during latter part of first quarter, held, that return or tender of any portion of premium paid in advance for one year is not prerequisite to defense, although premium was only required in advance for quarter.-Aetna Life Ins. Co. of Hartford, Conn., v. Doerr, Ind., 115 N. E. 700. 50. -Verbal Contract.-While there may be binding contract of insurance without issuance of policy, all essential elements of such contract must be agreed upon either expressly or by reasonable intendment from surrounding circumstances.-Live Stock Ins. Ass'n of Huntington, Wabash and Whitley Counties, v. Stickler, Ind., 115 N. E. 691. 51. Intoxicating Liquors-Indictment and Information. Where accusatory part of indictment charged sales in violation of local option law and charging part related to sales near church in violation of local option law, an offense under Acts 1883-84, c. 185, prohibiting sales near churches in a certain county is charged with sufficient certainty, since such statute is modified by the general local option laws.-Riley v. Commonwealth, Ky., 193 S. W. 657. 52. Medical Prescription.-Laws 1905, c. 123, § 1, prohibiting physician from furnishing prescription for intoxicating liquors for any purpose except medicinal in case of actual sickness, applies only where application for prescription is made by someone other than the person al leged to be ill.--State v. Morton, S. D., 162 N. W. 155. 53. Joint Adventures-Agency.-Where automobile dealer and defendant made contract whereby defendant put money into business and dealer employed defendant's son and paid defendant one-eighth of the net profits, there was a joint adventure, and the defendant was charged with notice of all acts done in the conduct of the business.-Nelson v. Lindsey, Iowa, 162 N. W. 3. 54. Landlord and Tenant-Deposit as Security. Where the lessee deposited money as security to protect the landlord against loss or damage during the leasehold term, his action, after summary proceedings had dispossessed him, to recover the deposit, commenced within four months after beginning the leasehold, held premature. Halpern v. Manhattan Ave. Theater Corp., N. Y., 115 N. E. 718. 55.- -Subtenant.-If son recognized mother's rights under life lease executed by him, and agreed to retain possession of premises as her subtenant, paying rent, his later possession emaaated from her and was subordinate to her rghts, as much as though they had gone through idle ceremony of physical delivery and redelivery of possession.-Heinze v. Heinze, Mich., 162 N. W. 121. 56. Libel and Slander-Slander per se.-The words "has robbed me of hundreds of dollars" held not to charge person of whom they were spoken with crime of robbery and not actionable per se.-Harriman v. Sayman, Mo., 193 S. W. 1001. 57. Slander per se. The statement that plaintiff had a bad disease and his baby now has it and got it from him; that his second wfe had it from him and died of it-held not actionable slander per se.-Lowe v. De Hoog, Mo., 193 S. W. 969. 58. Master and Servant-Course of Employment.-A local freight traffic clerk who was sent to inspect the books at another station, who while on his way to such station descended from the train when another individual was injured, thereby departed from the course of his employment and when he was killed by the train, his widow was not entitled to compensation.Northwestern Pac. R. Co. v. Industrial Accident Commission, Cal., 163 Pac. 1000. em 60. Course of Employment.-Where ploye molder was injured in quarrel over nonrepair of his ladle with fellow servant whose duties did not include such repairing and fellow servant was not aggressor, injury did not arise out of employment within Workmen's Compensation Act.-Union Sanitary Mfg. Co. v. Davis, Ind., 115 N. E. 676. 61. Industrial Accident Commission.-Negligence, or lack of it, on part of injured employe, is not determinative factor in proceeding before Industrial Accident Commission.-United States Fidelity & Guaranty Co. v. Industrial Accident Commission of California, Cal., 163 Pac. 1013. 62. Loss of Eye.-Where a servant's right eye was impaired so that he possessed only 20 per cent of the natural vision, but his vision could have been improved by introduction of an artificial pupil, and the fields of vision were normal, he was not entitled to compensation as for "loss of use of the eye," which is equivalent to a loss of the eye.-Boscarino v. Carfagno & Dragonette, N. Y., 115 N. E. 710, 220 N. Y. 323. 63. Negligence.-Car inspector was not negligent in not hearing approach of train which struck him where train on other track was ringing its bell and making other noise.-Jetter v. St. Joseph Terminal Ry. Co., Mo., 193 S. W. 956. 64. Negligence. Where other employes refused to assist plaintiff in installing motor on wall, held, that he was not bound to notify his superior, who had directed him to do work, though it took all night, of their defection, and So was not negligent in attempting to install fur motor with assistance of two servants nished.-Levecke v. Curtis & Co. Mfg. Co., Mo., 193 S. W. 985. 65. Police Power.-Code 1906, § 1146, providing that one who interferes with or induces a laborer to leave his employ before the expiration of his time without consent of employer shall be guilty of a misdemeanor, is a legitimate exercise of the police power of the state. State v. Hurdle, Miss., 74 So. 681. 66. Workmen's Compensation Act.-Workmen's Compensation Act, § 6, providing that employe shall have no right of action for injury other than compensation therein provided, does not include claims against third persons for injuries caused by their negligence, where third person has not come under the act.-Keeran v. Peoria, Bloomington & Champaign Traction Co., 111., 115 N. E. 636. 67. Monopoly-Foreign Carriers.-Ocean carriers between New York and South African ports held to have violated Act July 2, 1890, against combinations in restraint of foreign trade by establishing uniform freight rate including "primage charge" to be refunded to shippers who shipped exclusively by such lines.-Thomson v. Cayser, U. S. S. C., 37 S. Ct. 353. 68. Monopolies Statutory Construction.-General provisions of Rev. Cr. St. Tex. 1911, arts. 545, 546, that, when criminal prosecution is commenced for violation of statute against futures, the presumption shall arise that accused was guilty until the contrary was shown, does not require holding in civil case to enforce such a contract that the averments of the petition must be taken as untrue in order to defeat the suit. -Bond v. Hume, U. S. S. C., 37 S. Ct. 366. 69. Mortgages-Condition Broken.-A mortgage, conditioned only for the payment of a note according to its tenor, cannot be foreclosed for condition broken until the note is due. -Wilson v. Reed, Mo., 193 S. W. 819. 70. Installments.-Stipulation in mortgage securing several notes that, if any of notes or interest was unpaid for 30 days, any balance should become payable at mortgagee's option, authorized foreclosure for entire debt, when one of notes and interest was past due more than 30 days when suit was brought.Prince v. Mahin, Fla., 74 So. 696. 71. Municipal Corporations-Anticipation of Injury. To charge city, owning a lighting plant, with negligence in placing its wires, it is not essential that it could have known that precise injury would happen as it did, but it is sufficient if city should have anticipated that some injury might result, and that plaintiff's injury did result as natural and probable consequence. -Thompson v. City of Slater, Mo., 193 S. W. 971. 72. Contributory Negligence.-Plaintiff, boy of 15, using the highway as a playground and running across street at full speed, without looking or using some precaution to avoid visible danger from an approaching automobile, was guilty of contributory negligence as matter of law, preventing recovery for injury from being struck by automobile.-Swetzoff v. O'Brien, Mass., 115 N. E. 748. a 73.- -Special Assessment.-Where city ordered construction of sidewalks, and assessed cost for sidewalk abutting a quarter section, which had been platted into city lots, against the quarter section, and not the several lots which were owned by various persons, the assessment could not be canceled as to one lot owner and sustained as to another, where both were equally liable.-Cavanaugh v. City of Des Moines, Iowa, 162 N. W. 17. 74. Special Taxes.-The validity of special tax bills depends exclusively upon a substantial adherence to the procedure prescribed by the statutes and ordinances.-Municipal Securities Corp. v. Moriarity, Mo., 193 S. W. 892. 75. Negligence-Imputability. In an action by an automobile passenger for injuries due to automobile colliding with street car, negligence of driver of automobile cannot be imputed_to passenger.-Montague v. Missouri & K. I. Ry. Co., Mo., 193 S. W. 935. 76. Principal and Agent-Holding Out.Where plaintiff by letter initiated negotiations with defendant for sale of certain iron work, stating that it would send its salesman to call upon him, plaintiff held salesman out to defendant as having special authority to close up a contract. Chattanooga Roofing & Foundry Co. v. Porter, Ark., 193 S. W. 797. 77. Restricted Territory.-Where a dealer's contract with an automobile manufacturer to sell only in restricted territory was secured by a deposit with the manufacturer and provided its terms should apply to machines in the dealer's possession upon its termination, the deposit may be forfeited where dealer sells outside his territory after manufacturer terminates the contract. Coleman v. Ford Motor Co., Mo., 193 S. W. 866. 78. Railroads-Reasonable Care.-Person who went to railroad station to ship case of eggs, and, after doing so, remained for train to receive milk can he was expecting, was not a trespasser, but was rightfully on premises, bound only to exercise reasonable care for his own safety.Smith v. Cleveland, C., C. & St. L. Ry. Co., Ind., 115 N. E. 603. 79. Negligence.-Railroad company must use caution in passing with one train another train receiving and discharging passengers_at station.-Smith v. Cleveland, C., C. & St. L. Ry. Co., Ind., 115 N. E. 603. 80. Invitees.-Laborers employed on a stone crusher which a railroad company had permitted to be erected on its right of way, held at least invitees on the tracks of the company, to whom the company owed the duty to use reasonable care not to injure them.-Hubbard v. Wabash R. Co., Mo., 193 S. W. 579. 81. Contributory Negligence.-Where wife was seated on front seat of automobile beside husband, who was driving it, and had equal knowledge regarding a railroad crossing, she was under the same duty of lookout and discovery as he was.-Beemer v. Chicago, R. I. & P. Ry. Co., Iowa, 162 N. W. 43. 82. Contributory Negligence.-If unintoxicated person had taken seat near railroad track and there become intoxicated, or, being intoxicated, and not a passenger and under protection of road, had gone by reason of intoxication upon the track, his own act would have produced his dangerous situation, and he would have been contributorily negligent.-Fagan v. Atlantic Coast Line R. Co., N. Y., 115 N. E. 701, 220 N. Y. 301. 83. Release-Covenant Not to Sue.-Covenant by injured person not to sue one of two joint tort-feasors does not affect liability of other, and does not entitle other to credit for consideration of covenant.-Nashville Interurban Ry. v. Gregory, Tenn., 193 S. W. 1053. 84. Religious Societies-Disturbing Worship. -Member of religious congregation and pewholder in its synagogue cannot enter building, and by unlawful and scandalous conduct deprive congregation and rabbi of its use for public worship.-Ashinsky v. Levenson, Pa., 100 Atl. 491. 85. Sales-Delivery.-Although goods delivered to a carrier were consigned to buyer on an open bill of lading, it was competent for shipper to prove that a consummation of sale by a delivery of property was not intended, and fact that bill of lading was not forwarded to buyer, but was held in control of shipper, was admissible to show that there was no intention to deliver.-Georgia Marble Finishing Works v. Minor, Ark., 193 S. W. 498. 86. Repudiation of Contract.-Buyer's telegram to seller that "we think it better for all concerned that shipments to gulf be stopped at once. *** We will have to refuse payment on drafts"-held a repudiation of the contract.Lonsdale Grain Co. v. Canton Milling Co., Mo., 193 S. W. 853. 87. Warranty. Where purchaser of machine with right to test it on his farm loaned it to another to be used on another farm, he asserted ownership over it, from which law implies acceptance notwithstanding warranty of satisfaction.-Wetter Bros. v. Otto, Iowa, 162 N. W. 12. 88. Street Railroads Contributory Negligence. A laborer on the public street must keep that lookout for cars and vehicles which an ordinarily careful man giving attention to his work would keep.-Bubb v. Milwaukee Electric Ry. & Light Co., Wis., 162 N. W. 180. 89. Humanitarian Doctrine.-A bicycle rider may be "oblivious" of danger under the humanitarian doctrine in turning onto a street car track, though he knew that the car was approaching somewhere behind him.-Strother v. Dunham, Mo., 193 S. W. 882. 90. Telegraphs and Telephones-Police Power. A telegraph company, though entering on use of street under Post Road Act 1866, may be required by the city under its police power to put its wires under ground.-City of Monroe v. Postal Telegraph Co., Mich., 162 N. W. 76. 91. Trials-Evidence.-In lessee's action for damages, where jury was told that he could recover only for removing debris brought into mine subsequent to his possession, failure to specifically repeat measure of damages as to separate wrongful acts was not material.-Sorg v. Frederick, Pa., 100 Atl. 481. 92. Trusts-Removal of Trustee.-Where circuit court, on bill to remove trustee, found that he had never kept proper books of account, had failed to account for a specific payment, had improperly released a mortgage, etc., he should have been removed at once as trustee, and ordered to turn over immediately to his successor the trust funds in his hands, and to file a correct report thereafter.-Wylie & Bushnell, Ill., 115 N. E. 168. 93. War-Neutrality.-Neutrality of United States held violated by action of belligerent in bringing prize into port of United States under prize crew to lay her up indefinitely.-Berg v. British & African Steam Nav. Co., U. S. S. C., 37 S. Ct. 337. 94. Wills-Contract for Services.-A contract, whereby plaintiff should live with or near a husband and wife and give them a daughter's care during life in consideration of property of which either husband or wife might be seised or possessed, fully performed by plaintiff was valid and enforceable.-Harris v. Morrison, Kan., 163 Pac. 1062. 95.-- -Deed. A deed absolutely delivered by grantor to third party for unconditional delivery to grantee on grantor's death is not open to the objection that it is a quasi testamentary disposition and void unless executed with the same formality as a will.-German-American Nat. Bank of Lincoln v. Martin, Ill., 115 N. E. 721. 96. Gift to Class.-Bequest of corporate stock to executors in trust to hold and pay dividends to surviving wife and five children and their respective heirs share and share alike and to distribute their shares of stock at a certain time was not a "gift to a class."-Wessborg v. Merrill, Mich., 162 N. W. 102. 97. Perpetuities.-Devise to trustee, to pay income to niece during her life, and after her death to pay such income to such niece's children, until the youngest arrives at the age of 25 years, at which time the corpus to be paid to the children, and, in case the niece dies without issue the property to go to H, though void as to the limitation to the children, as violating the rule against perpetuities, is vald as to th limitation to H.-Moroney v. Haas, Ill., 115 N. E 648. 98. Revocation.-Where it will work an injustice, a court of equity will not allow testator's ignorance of rule that sale of real estate devised specifically works a revocation to defeat his manifest intention.-Kirsher v. Todd, Mich.. 162 N. W. 129. 99. Subscribing Witness.-Where one witness in subscribing will wrote his Christan name but completed the writing by inadvertently setting down initial and surname of another witness whose signature preceded his held there was a sufficient subscription under Rev. Laws, C. 135, § 1-Smith & Buffum, Mass., 115 N. E. 669. 100.- -Inheritance.-Under will devising life interest to testator's wife with remainder to their five children, and providing that if any child died before the inheritance passed to him, his issue, if any, should take his share, the husband of a deceased daughter, dying after testator and before the life tenant, inherited daughter's share.-Hammond v. Martin, Kan.. 164 Pac. 171. INDEX-DIGEST TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING A separate subject-index for the "Digest of Current Opinions" will be found on page 474, Missouri Digest, Vols. 15A and 15B, 183. Burnett's Cases on the Law of Private the Corporation Manual, 19th edition, 275. Higgins' Essays on Jurisprudence and Al- Jackson's Law Latin, 93. Vizetelly's Desk Book of Twenty-five reviews of text books, Beecher's Federal Rule Book, annotated, Bender's Federal War Revenue Law, 221. Chapin on Torts, 75. Compensation, Telephone Com- Jones' Telegraph and Magison and Bouve on Municipal Corpora- BUILDING CONTRACTS, when do stipulations in building contracts BULK SALES LAW, subrogation to rights of chattel mortgagee CARRIERS OF GOODS, act of God as intervening negligence sub- estoppel against carrier to demand freight jurisdiction of state court of suit against right of transferee of "notify" shipment to COMMERCE, employment in interstate commerce, 4. gateman killed by intrastate train as fed- importation of pictures by means of cam- era on American soil, 191. jurisdiction of state court of suit against rebilling of local shipment so as to become reciprocal legislation fixing toll for Webb-Kenyon law justifying prohibition of the courts and the Constitution, 321. impairment of obligation of contract not lessor railroad joined with lessee in suit ordinance conditioning right to erection of a proposed amendment to enlarge the veto right of courts to declare an act of Con- tying clause contract limiting use of pat- failure to arraign, discharge of jury, its right of judge to suspend execution of sen- DAMAGES, compensatory damages for aggravated DEEDS, can the capacity of a corporation to take sale of expectancy of heir predeceasing an- DESCENTS AND DISTRIBUTIONS, sale of expectancy of heir predeceasing an- |