Destroying county.

some unusual and pertinent excuse which will justify such failure. (N. Y.) 317. Bills and notes.

and demands on account of the same contracts and engagements, is held not to cover a claim by the president-manager of the corporation to salary for the time subsequently accruing, where it was founded merely on the fact that he had been elected president, and there was no contract that the services and salary should continue for any specified time. (Mass.) 821.

Upon the termination, by the insolvency of a corporation, of an executory contract with it, necessitating, in its execution, work, labor, and the expenditure of money for materials, machinery, etc., it is held that the contractor is entitled to compensation for services rendered by him in pursuance of the contract until the date of its termination, and to reimbursement for his actual and necessary outlay and expenses, subject to a deduction of all sums paid him by the corporation, and of the value of materials, machinery, etc., on hand. (W. Va.)

124.

Banks.

Payment, by a savings bank, of a forged check bearing a signature similar to that of the depositor, to one who presents the depositor's pass book, there being nothing to arouse the suspicion of the teller, or to put him upon inquiry, as to the genuineness of the check, is held not to make the bank liable in a suit by the depositor to recover the money so paid, where a rule of the bank provides that payment to a person presenting a pass book shall be good and valid, unless the pass book has been lost and notice in writing given to the bank before such payment is made. (Ga.) 341.

A depositor in a savings bank is held not to be estopped to hold the bank responsible in case it negligently pays the deposit to an unauthorized person, by the fact that he, also, is negligent in the care which he takes of his bank book. (Conn.)

329.

See also Limitation of Actions, infra, VIII. That a note for the payment of which a married woman becomes surety is made payable in a state where such contract is inval

id, is held not to defeat her liability, although the suit is brought in that state, if the contract was valid at her domicil, where it was executed. (Ind.) 870.

A sound reason, inhering in the same transaction from which a promissory note springs, why the holder ought not, in equity and good conscience, to recover its face value, is held to be a good, equitable defense to it, although the defense constitutes neither an offset, a counterclaim, nor an affirmative cause of action against the holder of the note. (C. C. A. 8th C.) 232.

Carriers.

The checking of baggage to destination upon a through ticket to transport the passenger over roads of initial and connecting carriers is held to render the initial carrier liable for its loss on a connecting line. (Ark.) 65.

A carrier who negligently delays a shipment is held to be liable for the damages, where, because of such delay, the goods are overtaken in transit and damaged by an act of God, even though the act of God could not reasonably have been anticipated. (Minn.) 509.

that carriers shall afford to all persons equal facilities in the transportation and delivery of freight is held not to prohibit discrimination against commodities, but simply discrimination against shippers. (Ga.) 119.

A rule of the state railroad commission

A railroad company which expressly, or by implication, invites its passengers to use a stile over a wire fence in leaving its grounds, is held to be bound to use at least ordinary care in seeing that it is fit for the purpose intended, although the stile was not erected by it, and the defective part is not on its property, but on property where it has no right to go to make inspection or repairs. (Iowa) 982.

vessel is denied where the crew could not understand the language of its officers, and were not drilled in the launching of the boats, because of which the loss occurred. (C. C. A. 9th C.) 71.

That livery-stable keepers are not within the rule that common carriers of passengers are bound to exercise extraordinary care for the safety of their passengers is decided. (Conn.) 561.

Insurance.

An open mortgage clause attached to a policy of fire insurance, which merely provides that loss, if any, shall be paid to the mortgagee as his interest may appear, is held not to create any contract relations between the mortgagee and insurer, or to give the mortgagee a right to participate in arbitration proceedings to fix the amount of loss; and that, therefore, he will be bound by the award, although he was given no opportunity to be heard. (Conn.)

924.

A niece of a former wife of a man is held

not to be a relative of his child by a subsequent one, within the meaning of a statute permitting certificates of mutual benefit societies to be taken in favor of relatives. (Iowa) 174.

A provision of a life insurance policy that suit shall be brought on it within a period less than that fixed by the statute of limita- | tions is held to be void as against public policy. (Ky.) 264.

An agent authorized to issue policies is held to bind the company by all waivers, representations, or other acts within the scope or requirements of his business, unless the insured has notice of the limitation of (La.) 278.

his power.

Landlord and tenant.

That a tenant cannot be relieved from forfeiture of his term because of breach of his covenant to pay taxes after the premises

have been sold because of his default, is held, since he can no longer perform his covenant, or make compensation for the breach, SO as to entitle him to equitable relief. (Mass.) 867.

Vendor and purchaser.

The right to enforce payment of the money under a contract to purchase real estate, which stipulates that the property shall be clear of all encumbrances, is denied where the title has not been accepted, and there is an existing right on the part of the municipality to open a platted street over the property, which will destroy the buildings without making compensation for them. (Tenn.) 790.

Factors.

A commission merchant to whom grain is consigned to be sold on commission, who purchases such grain after close of business hours at the highest price of the day upon the board of trade, and subsequently resells it at an advance, is held to be bound to ac

count to the consignor for the profit thus made. (Minn.) 667.

Sale; implied warranty.

That no implied warranty of fitness of an article for a particular purpose arises out of a contract to make or supply a described and definite article, is declared, although the vendor knows that the vendee is purchasing it to accomplish a specific purpose, because the essence of this contract is the delivery of the specific article, and not the accomplishment of the purpose. (C. C. A. 8th C.) 973.

Liability of bidder at judicial sale.

A court order annulling a judicial sale, and directing a resale of the property, without accepting the bid, or directing any proceedings against the bidder, or any confirmation of the sale, is held to relieve him from all liability upon his bid. (Ky.) 33.

Marriage.

The marriage of a ward, valid where made, in a sister state, is held necessarily to be regarded as valid at his domicil, although it would not have been so had it been solemnized there, because of statutory limitation of his right to contract. (R. I.) 493.

Liability for support of insane wife. The liability of a husband for the support of his wife at an asylum for the insane, to which she has been removed by due process of law, is denied in the absence of a statute expressly imposing such liability. (Wis.)

829.

Partnership between husband and wife.

A woman whose husband is carrying on a partnership business with her money under an agreement that she shall receive all of his share of the profits of the business is held to be liable to account to him for the amount for which he rendered himself liable on account of the purchase of a machine by him and his partner for use in the business, although she had given him special instructions not to purchase the ma

Removal of trustee.

Conveyance by husband to wife.

A conveyance of land from husband to wife in the usual form, for a valuable consideration, though without words disclosing an intent to do so, is held to vest in her a separate estate which she may transfer without his joinder or consent. (Tenn.)

353.

A man is deprived of his curtesy interest in land by conveying it to his wife to her sole, separate, and exclusive use, free and discharged from all his control and liabilities. (Tenn.) 370.

Estoppel of married woman.

A married woman who, with her husband, enters into an oral contract for the sale of their homestead, under which the purchaser takes possession, and pays the purchase price, and makes valuable improvements, all of which is done with the full knowledge and consent of the wife, is held to be estopped to set up the invalidity of the contract in defense of an action to compel specific performance thereof. (Idaho) 584.

The removal of the widow as trustee of a fund provided for the benefit of testator's daughter is held proper where she elected to take her dower rights in opposition to the will, thereby depleting the trust estate and destroying a very important part of

the scheme of the testator, remarried within a short time, became estranged from the cestui que trust and her cotrustees, so that no intercourse could subsist between them, and kept the estate in needless litigation. (Md.) 920.

Imputed negligence. The owner of a wagon, seated beside the driver, whom he employs, is held to be chargeable with the driver's negligence in attempting to cross a street-car track in front of an approaching car, which is in plain view. (Mo.) 389.

Negligence of a locomotive engineer, which results in a collision, is held not to be imputable to the conductor in charge of his train, so as to prevent a recovery for injuries thereby caused to the latter, where the conductor could not have controlled the action of the engineer at the time of the accident, or have prevented its occurrence. (Ark.) 217.

not to be applicable in an admiralty case. (C. C. A. 1st C.) 293.

Nuisance.

The characteristic noises and odors issu

ing from a chicken house and yard, which are maintained in a cleanly manner, and cared for so as not injuriously to affect the health of any normal person in the neighborhood, are held not to be a nuisance, although they may make neighboring property uncomfortable as a residence for invalids. (Mass.) 820.

Last clear chance.

Injury to servant.

The failure to box, or otherwise protect, a rapidly revolving upright shaft coming up through the floor in an alley or passageway where an inexperienced girl is required to sweep, who is not warned of the danger, is held to be properly found by the jury to constitute negligence which will render the employer liable for injuries to her when her clothing is caught and wound upon the shaft. (Md.) 909.

The liability of a master to a servant for injuries caused by negligence of a foreman in directing work is denied where the master has otherwise performed his duty. (Ind.) 163.

A railroad engineer who obeys, although reluctantly, an order to take his train through a mountainous region on its regular trip, at a time of heavy rains, when land slides are anticipated, is held to assume the risk of such slides, and to have no right to hold the company responsible in case his train is carried from the track by a slide which comes upon it so suddenly that there is no time to escape, and the danger of which was not observed by a track inspector who had passed the spot just before the train reached there. (C. C. A. 6th C.) 757.

That the conductor of a passenger train cannot be regarded as in a separate department of service from a brakeman of a freight train so as to render the railroad company liable for injury to the latter by his negli gence, is decided. (Tenn.) 746.

Mere knowledge of an employee of a contractor for the setting of the stone work of a building, of a custom that the scaffolding shall be furnished by the brick contractors, is held not to amount to a waiver of his right to hold his employer responsible for the safety of a scaffold furnished for him to work upon. (III.) 697.

The proximate cause of the injury of a servant by the fall of a derrick because of the breaking of a spliced rope is held not to be the failure to insert thimbles into the

loops of the splice, but the failure to inspect the rope for the purpose of determining its condition, and to repair it after it has become chafed and worn by use, where there is nothing to show that the splice is not sufficiently strong, without the thimbles, to do the work required of it, and it fails because of the wear due to continued use. (Conn.) 936.

The liability of an employer to an em

the handling of a boiler upon the premises by a coemployee, an engineer who is conceded to have been competent, is denied. (Pa.) 792.

Injury to guest at inn.

That an innkeeper is not liable for an injury inflicted upon a guest in his hotel. by a servant who was not at the time of the injury acting within the apparent or actual scope of his employment, is declared. (C. C. A. 8th C.) 653.

A trespass committed upon a guest in a hotel by a servant of the proprietor, whether actively engaged in the discharge of his duties at the time or not, is held to be a breach of the implied undertaking that the guest shall be treated with due consideration for his comfort and safety, for which the proprietor is liable in damages. (Neb.) 642.

Blocking stairway.

The occupant of the lower floors of a building, who blocks the stairway leading

from the upper floor to the ground, so that a tenant of such floor, in seeking to escape a fire, is compelled to drop a considerable distance to reach the ground, is held to be liable for the injury resulting to him therefrom. (Pa.) 800.

Runaway team.

The proximate cause of the runaway of a team harnessed to a wagon loaded with about a ton's weight, which a farmer had left standing in the street hitched to a hitching rail in front of a store while he was engaged in unloading his wagon, and which became frightened because a boy in turning over the hitching rail, struck the nose of one of them with his foot, causing them to break the halter and run away, is held to be the striking of the horse by the boy. (Kan.) 246.

Injury to traveler on sidewalk.

The liability of a municipal corporation for injuries to a traveler upon a siewalk through the fall of a billboard insecurely placed by an abutting owner upon his own property near the edge of the street is denied. (Mich.) 618.

A horse block or stepping stone of ordinary size, placed at the edge of the sidewalk to facilitate access to and egress from carriages in the street, is held not to be an obstruction of the walk, so as to render the municipality liable for injuries caused by a traveler falling over it. (App. D. C.) 83.

Owners of property in possession of tenants are held not to be 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 constribute to its formation. (Pa.) 488.

Injury to person on street railway track.

Failure to anticipate the presence of a man on his hands and knees on the track in front of an electric car on a dark night, and to run the car so as to provide for that contingency, is held not to be negligence on the part of the motorman. (R. I.) 188. Failure to look and listen at railroad crossing.

Failure to look and listen before crossing a street-car track at a public crossing is held not to be negligence per se, as matter of law. (Me.) 300.

Failure to sound warning at trestle. The duty to sound warnings when trains approach a trestle over a highway is held to depend upon the dangerous character of the place, which is a question for the determination of the jury. (Tenn.) 662.

Failure to care for person injured. Failure of the employees operating a car and engine by which a trespasser on the railway track is struck and injured without fault of the employees, to take charge of the wounded man and give him care and attention, is held not to be a violation of a

VII. PROPERTY RIGHTS;

Shelley's Case.

A fee simple is vested in the first taker, under the rule in Shelley's Case, by a conveyance to one "during his natural life, and then to his heirs." (Iowa) 953.

Price quotations.

Easement or license.

legal duty for which the company is liable. (Kan.) 513.

Violation of right of privacy.

The publication of the picture of a person without his consent, as part of an advertisement, for the purpose of exploiting the publisher's business, is held to be a violation of the right of privacy of the person whose picture is reproduced, and to entitle him to recover without proof of special damages. (Ga.) 101.

Conspiracy.

A combination of two or more persons to injure one in his trade by inducing his em ployees to break their contract with him, or to decline longer to continue in his employment, is held to be actionable if it results in damage. (Ga.) 90.

Duty to connect property with drain. The owners of improved property located adjacent to an adequate sewer or drainage system in a city are held to be bound to connect therewith the water gutters and spouts upon their buildings, and not to permit the rain water to collect and discharge at a point in a public alley, where, by reason of the volume and force thus attained, it enters adjoining premises, provided such connection with the drainage system can be reasonably made. (Minn.) 621. DEEDS; FIXTURES: WILLS.

egress to and from the second story of another building, in consideration that the owners of the latter building will permit the owner of the other one to erect a porch on a 5-foot strip of a vacant lot adjoining the back end of his building, is held not to amount to the grant of an easement, but to constitute a license only, revocable by the licensor. (Idaho) 568.

Life tenants' interest in oil wells.

One entitled to an undivided life estate under a statute giving a surviving husband or wife a one-third interest in real estate of the other is held to have no right to demand absolutely any part of the production of oil wells subsequently opened upon the property by the remainder-men, but to be entitled only to the income upon one third of the oil produced. (Tex.) 986.

Life tenants' right to dividends. Cash dividends upon corporate stock are held to belong to the life tenants, notwithstanding they were derived from the sale of permanent property in which profits had been invested. (Conn.) 76.

Waters.

The wharfage and reclamation rights of the owner of land on a cove leading off from