Prohibiting Extensive Storage of, with in Limits of City, see CONSTITU- TIONAL LAW, 10.
the trolley wire is in such poor condition that it is liable to come down to the injury of travelers upon the street is not justified when the result can be obtained by cutting
Ordinance Regulating Storage of, see the feed wires or removing the controllers MUNICIPAL CORPORATIONS, 4. from the cars. Mumford V.
Estoppel of, see ESTOPPEL, 1. See also COMMERCE, 1.
1. Commission merchants to whom grain has been consigned for sale on commission have no right to purchase it themselves after business hours, at the highest price of the day on the board of trade; and if they do so, and subsequently resell it at an advance, the profit thus made inures to the benefit of the consignor. State v. Edwards (Minn.) 667
2. That a commission merchant who has failed to make to his principal such a report of a sale of grain consigned to him as is re- quired by statute acted in good faith and in accordance with the custom of commission merchants in that locality is no defense to a prosecution under the statute, since, the stat- ute having made the sending of the report a positive duty, his intent in failing to do so is immaterial.
2. The mayor and chief of police of a city are liable in damages in case they arrest mo- tormen of street cars to abate a nuisance caused by the operation of cars when the trolley wire is in such poor condition as to be liable to fall, when the object can be effect- ed by merely cutting the wires or removing the controllers from the cars. Id.
FELLOW SERVANTS.
See MASTER AND SERVANT, 14-24.
Question for Jury as to Cause of, see TRIAL, 6.
Taking Right to Fish under Power of Eminent Domain, see EMINENT DO- MAIN, 2.
FIXED LIABILITY. See BANKRUPTCY, 3.
3. A commission merchant who himself purchases a carload of grain consigned to him for sale on commission, after close of business hours, at the highest price of the 1. Commercial finishing material, such as day on the board of trade, and who subse- doors, mantels, casings, etc., which have been quently resells the grain at an advance, is purchased for an unfurnished building and bound to report to his principal the latter placed therein, but not affixed thereto, does sale, under a statute requiring commission not pass by a sale of the real property, un- merchants to render a true statement to the der a mortgage foreclosure, where it is not consignor within twenty-four hours of mak-mentioned or deemed a part of the sale.. ing a sale, showing the grain sold, price re- Blue v. Gunn (Tenn.) ceived, name and address of purchaser, etc.; and a report by the consignee of the sale to himself is not a compliance with the stat- Id.
Factors; statute regulating sales of grain by commission merchant; interference with interstate commerce; right of factor to buy grain consigned to him, and resell it at advance; ratification by principal; criminal liability for violation of statute without wrongful intent.
2. A mortgage of a lot on which stands a partially completed building will pass cut stone and structural iron prepared for the building and located on the lot mortgaged and that adjoining, if the intention of the parties is that the building shall be speedily completed with the material at hand. Byrne v. Werner (Mich.) 900
Fixtures; are things placed on land with the intention of annexing them fixtures, where they are never actually attached?- (I.) Introduction; (II.) actual annexation;
Permitting Use of Streets for, see HIGH- (III.) constructive annexation; (IV.) mere WAYS, 3, 4.
intention to annex: (a) machinery or parts thereof; (b) materials for use, repair, or reconstruction of railroads; (c) building
Evidence of Humiliation by, see EvI- materials; (d) fencing materials; (e) fer-
1. The arrest of a motorman to abate a nuisance caused by the running of cars when
tilizers; (V.) conclusion.
What constitute; things placed on prop- erty with intention of annexing them, but
Appropriation to Aid Counties in Con- struction of, see APPROPRIATIONS, Punitive Damages for Cutting Trees in, see DAMAGES, 14.
Right to Open, over Property, as En- cumbrance, see VENDOR AND PUR- CHASER, 4.
Title, use, and obstruction.
Property Right in Price Quotations 1. Authority given to a municipal corpora- by Board of Trade Engaging in tion to permit the erection of telegraph and Gambling Transactions, see PROP-electric-light wires and poles in the streets does not include power to violate private rights. Brown v. Asheville Electric Co. (N. C.)
Playing pool under an agreement among the players that the one losing the game shall pay for the use of the table is betting at a pool table, within the meaning of Ga. Pen. Code 1895, § 401, providing that "if any person shall . bec. at
pool table, he shall be guilty of a misdemeanor;" and the fact that the state imposes a specific tax on the keeper of a pool table does not affect the question. Hopkins v. State (Ga.)
er when, in its opinion, a street or any part | keeping the sidewalks in front of their prop- thereof has ceased to be of public utility, to declare it vacant and abandoned as a street,¦ and donate the same to any use which, in its opinion, will be of advantage to the com- mercial interests of the city. Augusta v. Reynolds (Ga.) 564
4. A fair occupying 75 or 80 feet in width and 4 blocks in length of an important busi- ness street in a city, and consisting of numer. ous tents inclosing shows and exhibitions, in front of which are stationed men blowing horns and talking through megaphones to at- tract attention, together with various other stands, booths, Ferris wheels, merry-go- rounds, and other devices for amusement of the public and profit to the owners; which fair a company of the state militia is per-
mitted to station on the street for a week,— is a public nuisance.
Liability for defects and obstructions
Municipal Liability for Injury by Fall of Bill Board Placed Near Edge of Street, see MUNICIPAL CORPORA TIONS, 6, 7.
5. Placing a conductor pipe so as to lead water from the roof of a building adjoining a sidewalk and empty it upon the walk in the manner customary in the community is not a nuisance per se, where it does not or dinarily interfere with travel; and the prop- erty owner cannot be held liable to one who is injured by ice formed upon the walk many years after the construction of the pipe, as the result of a severe and unusual storm. | New Castle v. Kurtz (Pa.)
6. Owners of property in possession of tenants are not bound to keep watch to see that ice dangerous to travel does not form on the walks in front of it which are properly constructed and in proper repair, where their negligent construction of their buildings does not contribute to its formation; and therefore they cannot be held liable for in- juries to a traveler by falling upon ice of the existence of which they have no notice. Id.
7. A horse block or stepping stone of or- dinary size, placed on the edge of the side- walk to facilitate access to and egress from carriages in the street, is not an obstruction to the walk, so as to render the municipality liable for injuries caused by a traveler fall- ing over it. Wolff v. District of Columbia (D. C. App.)
8. A municipal corporation is not liable for injuries caused to a traveler by falling over a horse block on the sidewalk because sufficient light is not maintained near it to render it visible to passers-by. Id.
erty free from ice under penalty, and has provided that, in case of their neglect to re- move the ice, it will be removed by the city at their expense, assumes the duty of keep- ing the walks clear; and, in case it is held liable for injury to one falling upon the walk, it cannot recover over against the prop- erty owner on the theory that he was primar- ily liable for the injury. New Castle v. Kurtz (Pa.)
Duty of abutting property owner to keep sidewalk in repair; right of municipality paying judgment for injuries sustained through defective walk to recover over against property owner; conductor pipe leading water from roof of building upon sidewalk as nuisance; liability of owner of property in possession of tenants for con- dition of walk; liability of city for failure to enforce; liability of city for defect not occasioned by its own act, in absence of notice; ordinance imposing on property owners duty of keeping sidewalks free from ice; provision that, in case of failure to do so, it will be removed at owner's expense; effect of provision on city's liability for injury.
Partial obstruction of; what obstructions and encroachments amount to nuisance; au- thority of city over its streets; use of, for street fair; injunction to prevent such use.
Injury to traveler on, by fall of billboard on abutting property; liability of city for. 618
Cutting or removal of trees in; under au- thority of city; to make room for electric poles and wires; electric poles as additional servitude. 632
Estoppel of Wife to Set Up Invalidity of Contract for Sale of, see ESTOP- PEL, 2.
Homestead; statutes as to conveyance and abandonment of, regarded as rules of evi- dence merely; alienation by husband alone.
Effect of conveyance of, by husband to
9. A municipal corporation which has im- posed the duty upon property owners of wife.
2. The common-law liability of a husband
Misleading Instruction as to, see TRIAL, to support his wife does not extend to sup- 19.
whom 1. A police officer who kills a person he is attempting to arrest is guilty of a criminal offense if he uses more force than
is reasonably necessary to effect his purpose State v. Coleman (Mo.)
2. Mere failure of a person to submit to arrest does not give the officer the right to take his life, although the officer has good reason to believe that he has authority to make the arrest; and, if the officer acts in malice and with premeditation because the one he is attempting to arrest does not re- move his hand from his pocket upon com- mand, the officer will be guilty of murder in
Homicide; necessity of instruction as to law on circumstantial evidence on prosecu- 193, 205 tion for.
porting her outside the matrimonial home reasonably chosen by him, unless he refuses to do so there, or she resides away therefrom by his consent. . Id.
3. A husband is not liable for the support
of his wife at an asylum for the insane, to which she has been removed by due process of law, in the absence of a statute expressly imposing such liability.
4. There is no refusal of a husband to sup- port his wife at the matrimonial home, or consent by him to her absence therefrom, within the common-law rule rendering him liable for her support outside of such home, where the wife, as a charity to her and pro- tection to others, is by due process of law taken from the matrimonial home and con- fined in an asylum for the insane, and the husband submits, or even takes the initia- tory proceedings to secure for her the bene- fit of the public charity. Wife's separate estate.
5. A conveyance of land from husband to wife in the usual form, for a valuable con-
Liability for Injury by Falling over, see sideration, though without words disclosing
HUSBAND AND WIFE.
Law Governing Marriage, see CONFLICT OF LAWS, 3, 4.
Law Governing Married Woman's Lia- bility as Surety, see CONFLICT OF LAWS, 5, 6. Marriage as Valuable Consideration for Contract, see CONTRACTS, 2. Effect of Conveyance by Husband to Wife, see CURTESY.
Power of Courts over Land in Other
State, in Divorce Proceeding, see COURTS, 3. Estoppel of Married Woman, see ESTOP-
PEL, 2. Wife's Right to Petition for Husband's Release, see HABEAS CORPUS. Condonation of Adultery as Justification for Filing Bill to Review Divorce Decree, see REVIEW, 3. Divorce as Revocation or Lapse of Leg acy to Wife, see WILLS, 3, 4. Sufficiency of Service on Defendant in Divorce Suit, see WRIT AND PRO-
Effect of conveyance by husband to wife:- (I.) At common law: (a) transfers of real' estate; (b) gifts of personalty; (II.) in equity: (a) conveyances upheld; (b) condi- tions upon which conveyances are upheld; (c) necessity of trustees; (d) effect of con- veyance; (III.) effect of statutes: (a) in general; (b) exception of conveyances from husband; (c) exemption from husband's debts; (d) permitting revocation; (IV.) conveyance by third person at instance of husband; (V.) consideration; (VI.) does conveyance create separate estate; (VII.)
remaining interest of husband: (a) in gen- | taxes paid, on breach of a covenant of seisin eral; (b) curtesy; (VIII.) rights against made by an outstanding contingent remain- husband's heirs; (IX.) homestead and com- der, when his recovery in equity is condi- munity; (X.) effect of divorce; (XI.) form tioned on his restoration of possession to the and provisions of conveyance. 353 vendor, and his accounting for his use of Curtesy right of husband in land which the premises. Brannon v. Curtis (Tenn.) he has conveyed to his wife's sole and sepa- 760 rate use; curtesy interest in land devised to wife during joint and several lives of her- self and husband; curtesy interest where estate of wife was a conditional or deter-
minable fee; where condition has happened.
IMPUTED NEGLIGENCE. See NEGLIGENCE, 8, 9. INCOMPETENT PERSONS. Husband's Liability for Wife's Support at Asylum, see HUSBAND AND WIFE, 3. 4.
See also HUSBAND AND WIFE, NOTES AND BRIEFS.
Liability for support.
1. An action to enforce an order of a
Effect of condonation on right to divorce; decree void for lack of jurisdiction. 398 Necessity of strict compliance with stat- ute as to alienation of wife's real estate; specific performance of contract by husband and wife where possession has been de- livered; effect of taking deed in wife's name county judge requiring a person to pay a to make property her separate estate; prop- certain sum per week for the support of erty acquired during marriage as commu- another in the county asylum for the in- nity property; burden of proving that it is sane must be commenced in the name of wife's separate property. 568 the county, in some court having jurisdic- Estoppel of married woman; how wife may tion of such civil actions. The county be devested of her estate; release of wife court does not possess such jurisdiction in from common-law disability. 585 the absence of special authorization. Rich- Nature of decree for divorce as proceed-ardson v. Stuesser (Wis.) ing in rem or in personam.
673 2. An order of a county judge requiring Husband not relative of wife; common- a person to pay a certain sum for the sup- law liability of husband for support of wife; port of an insane person in the county asy- liability for support while confined in in- lum for the insane may be enforced by sane asylum. 830 contempt proceedings or by an action in Effect of divorce to revoke gift by the name of the county, under Wis. Rev. 940 Stat. 1898, § 1504, as to enforcing private- Impeachability of widow as life tenant for liability for the support of a poor person, which by 604e is made applicable to the waste; interest in minerals or oil under support of insane persons. Id. land; widow's estate is equal to children's in all of its uses. 986
On Sidewalk, see HIGHWAYS, 5, 6, 9.
3. To establish the liability of anyone for the support of a person at the county asylum for the insane, who refuses to per- form his duty in that regard, the trustees. of the asylum should proceed in harmony with Wis. Rev. Stat. 1898, § 1502, as to
Of Religious Corporation, see RELIGIOUS support of poor persons, by petition to the SOCIETIES, 1.
IMPAIRMENT OF OBLIGATION. See EMINENT DOMAIN, 10.
IMPLIED WARRANTY.
On Sale of Machine, see SALE.
county judge; and the amount that must be paid and the time of payment must be determined in harmony with § 1504, as to the poor, under §604e, negativing the liabil- ity of the state to any county for the sup- port of any insane person at its county asylum for the insane who is not a public charge, and making §§ 1500-1505, as to the
For Giving Liquor to Minor, see CRIM- support of the poor, applicable to the sup- INAL LAW, 6.
A recovery for improvements to the ex- tent that they may have permanently en- hanced the rental or usable value of the life estate may be allowed to the vendee, with his purchase money, interest thereon, and
4. The incorporation into Wis. Rev. Stat. § 604e, negativing any liability of the state to any county for the support in its county asylum for the insane of any person who is not a public charge, of §§ 1500-1505, which provide that the father, mother, or children of any poor person unable to sup-
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