Imagens das páginas

Public water supply.


on cove to images; right of
Burden of Showing Unreasonableness riparian owner on navigable stream to
of Rates, see EVIDENCE, 6.
access; right to wharf out; obstruction of
3. The fact that the construction of navigable stream as nuisance.
waterworks is a public use to be paid for by
taxation does not require the basing of all WHARVES.
rates upon the amount of water used in
each instance, and on nothing else.
Souther v. Gloucester (Mass.)


4. Owners of summer cottages in outlying
districts, who desire to use water from a
city system during part of the year only,
may be required to pay the same amount
for such water as owners of property in the
city are required to pay for service during
the whole year, where the laying of special
pipes and the construction of an additional
reservoir are necessary to enable the city to
furnish the water, which facts create special
circumstances justifying a discrimination

in rates between the two classes of con-

sumers; and they cannot complain that the
rule requiring payment in advance is a
plied to them.


5. Owners of cottages in outlying dis-
tricts of a city cannot complain that some
discrimination is made in rates between
them and consumers in the heart of the city
where special circumstances exist which
justify it.


Waters; how expense of municipal supply
of water paid; when higher rate may be
charged certain consumers; necessity that
rates be reasonable; injunction to restrain
unreasonable rates; duty to supply all on
reasonable terms; necessity of uniformity
of rates; how question of reasonableness of
rates determined; reasonableness of regu-
lation that every taker shall pay rent for
the whole year and make payment in ad-
vance, whether he uses water for that
length of time or not.

Surface waters; general rule as to; right
to drain land of surface waters by artificial
means; effect of collection of surface waters

ian owner

Power of Congress to authorize construc-
tion of bridges across navigable streams;
power of legislature to authorize railroad
company to place permanent bridge over
navigable waters; construction of embank-
ment across mouth of cove; right of ripar-


2. A will is not signed at the end as re-
quired by statute, where the body of it is
of paper, so that all its items and provisions
written on horizontal lines of several pages

are in consecutive order to the end on the
last page, under which the testator's sig-
nature appears, but there is written in the
margin of the last page, to the left of and
separated from the body of the instrument,
a dispositive clause, extending lengthwise
of the page from near the bottom to near
the top thereof, and in no manner connected
with the body of the instrument by any
words, mark, or character to ind
where the marginal matter is to be read
in relation to the other provisions, and it
is established by the testimony that the
marginal matter was written after all the
other provisions, at the request of the tes-
tator, and before he attached his signature
under the body of the will.
Revocation of legacy.


3. The granting of an absolute divorce
in natural basin having no outlet, to destroy the will of the husband in favor of the wife.
does not revoke by implication a legacy in
their original character.
Surface water as common enemy; duty of
city as to.


Re Jones (Pa.)
Lapse of legacy.


Maintenance of drainage ditches.

What constitutes unreasonable use of mill
pond; injunction to restrain lowering of
water in mill pond to natural level. 933

4. The procuring, by the legatee, of an
absolute divorce subsequent to the execu-
tion of the will, does not cause the lapse of
a legacy which testator creates for his
wife" by name.


wharf out; compensation for interference
Wharves; right of riparian owner to
with right..


Signing of.

1. In an action to contest a will on the

sole ground that it was not signed at the
end thereof as required by Ohio Rev. Stat.

5916, its construction or interpretation is
not a subject for the consideration of the
court or the jury, the only question being
whether the will has been executed in sub-
prescribed by the statute. Irwin v. Jacques
stantial compliance with the formalities




Wills; when signed at end within mean-
ing of statute; right to make will. 424
Devising remainder to children surviving

at death of test.or's wife; jurisdiction of memoranda; when memoranda not made by
probate court to reform will; when re- himself or under his direction.
mainder is vested.



Effect of divorce to revoke gift by will:-
(I.) Introductory; (II.) when status men-
tioned in will controls: (a) in general; (b)
when legatee is mentioned by name; (III.)
effect of lapse of time between divorce and
testator's death; (IV.) effect of property




Witnesses; right to refresh memory from
69 L. R. A.


Service upon defendant in a divorce suit
by delivering him a copy of the bill and
giving him notice of the suit at his resi-
dence in another state will give the court
no jurisdiction to enter a personal judg-
ment against him for alimony and attor-
ney's fees. Proctor v. Proctor (Ill.) 673


Writ and process; sufficiency of service
on party out of state.



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