Stockholders.

(DOMESTIC RELATIONS. FIDUCIARIES OR REPRESENTATIVES. TORTS; NEGLIGENCE; INJURIES.) Receivers are denied any right of action to enforce liability of stockholders for debts of the corporation on the ground that the fund is not assets of the company. (Md.) 617.

A transfer of shares of stock in good faith is held sufficient to relieve the stockholders from liability as such, unless prevented by the statutes or the by-laws of the company. (N. Y.) 246.

A right of action by a foreign receiver against a stockholder in a foreign corporation is sustained on the ground that the liability is contractual. (N. Y.) 725.

The right of a stockholder to inspect the books of the corporation is sustained on condition that it is made for the interests of the corporation. (Wash.) 208.

A contract to marry is held not to be with- 310. in the statute of frauds. (Md.) 384.

Breach of promise of marriage. A man is held to be justified in breaking a contract of marriage when, after it was made, he developed a grave malady which would make his marriage dangerous to his life or health. (Va.) 581.

Infants.

A mother given by divorce decree the care and custody of a child, while no provision is made for its support, is held to have no right of action for injuries to the child, as the duty of supporting it still rests on the husband. (Mo.) 391.

A girl seventeen years of age is released from a convent by habeas corpus, notwithstanding that she was received there on the supposition that her parents had consented, and is not restrained of her liberty, but remains there by choice, since a minor has no right to choose any other domicil than that of her parents. (La.) 656. As to infant's contract, see supra, II.

V. FIDUCIARIES OR REPRESENTATIVES.

The withholding of commissions from an executor on account of his failure to give proper care to the estate is held to be within the discretion of the surrogate, notwithstanding a statute saying that he "must allow" certain commissions on settlement of an executor's account. (N. Y.) 721.

An attorney employed by an association to procure the discharge of receivers is held to be precluded from recovering for his services

Nuisance.

in the matter, when he has at the same time been engaged and paid by one of the receivers, who was adversely interested. (Ill.) 792.

A subagent intrusted with the collection of a debt is held to have no right to apply the funds collected to the payment of a claim held by him against the principal agent, or in any way divert the funds from speedy transmission to the real owner. (Minn.) 529.

VI. TORTS; NEGLIGENCE; INJURIES.

No notice or request to remove a building encroaching on a street is held necessary before action to abate it as a nuisance, brought against the person who erected it with constructive notice of the street boundary, although such person was only a lessee of the premises, and acted in good faith, believing the building was entirely on private ground. (Ind.) 487.

Notice to the original wrongdoer is held not to be necessary to create a liability for the injury caused by a structure made by him, although the owner of the property

Explosion of gas in a house supplied with a low-pressure current is held not to make the gas company liable, when it was caused by the blundering act of an employee of another company who broke into a plank box containing the by-pass by which a high-pressure line was connected therewith, and made the connection. (Pa.) 790.

Negligence.

The rule that one whose negligence in conjunction with some other cause, both operating proximately, and either of which was sufficient to cause injury, is responsible for the damage, is applied to a defective railing on a bridge, which was broken by a team when frightened by lightning. (Iowa) 480. A person who resists a gateman's efforts to save him by removing him from a dangerous position near a railroad track as a train approaches is denied a right of action against the railroad company for being thrown down in the tussel, and having his leg cut off by the train. (Pa.) 788.

A person who enters the employ of another is held to assume all the risks usually incident to the employment, including those which it is a part of his duty to take knowledge of by observation. This applies to the use of a machine from which a bolt is missing, and the defect in which is obvious. (N. J.)

147.

The maxim Volenti non fit injuria is held applicable to a case of injury to a servant wheeling coal on a runway not protected by guards, although a statute makes the employer liable for injuries from defects in the ways, works, or machinery. (Mass.) 161. A boy who has had two years' experience in riding colts is held chargeable with the risk of the sufficiency of a stirrup strap, when, after complaining of its insufficiency and seeing it tested and being told that it is sufficient, he becomes satisfied that it is so, and proceeds to use it. (Mass.) 107. tion of a tunnel is held, under the law of The use of compressed air in the construcCanada, not to create a liability as absolute insurer of the machinery, appliances, and system adopted, but the employer's duty in this respect is held to be satisfied by employ. Starting a back fire to protect one's property from a prairie fire is held not to being competent superintendents and worknegligence, if done with proper care, and not men, and authorizing them to procure all machinery and to be the proximate cause of loss which necessary appliances. would in any event have resulted from the (Mich.) 112. original fire. (N. D.) 646.

Contributory negligence is held to be no defense to a cause of action under a statute which imposes an absolute liability, as one charging railroad companies with liability for fires. (Me.) 82.

Injury by servant.

A locomotive engineer is held to be acting in the exercise of his authority when ejecting a trespasser from the footboard of the engine, irrespective of any interference by the latter with the manipulation of the machinery. (Tex.) 282.

Injury on highway.

to stakes in the ground, is held to be a nuiA white cloth hay-cap, tied at the corners sance which will create a liability for frightening a horse, when it is maintained in a highway at such a place as to be likely to frighten horses that are ordinarily gentle. (Me.) 752.

Bicycles are held not to be within the meaning of an ordinance giving vehicles a right of way upon street railway tracks in the direction in which the cars usually run over vehicles running in the opposite direction, and, in an open, unobstructed highway it is held that the driver of a cart need not turn out to one side in order to give the right of way to a bicyclist. (Pa.) 289.

(PROPERTY RIGHTS; LIENS; TRUSTS. CIVIL REMEDIES.)

VII. PROPERTY RIGHTS; LIENS; TEUSTS.

Deeds. The destruction of an unrecorded deed, and a new conveyance at the grantee's request, by the grantor, to a third person, is held to convey an equitable interest, and not a legal interest. (N. D.) 637.

Redemption from mortgage.

The balance of a mortgage debt when the land is sold for less is held not to be a "lawful charge" which must be included in the amount to be paid on redemption, where the statute provides for paying the purchase price and all "lawful charges." (Fla.) 742.

Damage by eminent domain.

A reservation in a deed of land on one side of a river of a right to build a dam against it, with the accompanying right of flowage and also of an acre of land near the end of The meaning of the word "damaged” in a constitutional provision requiring comthe dam, although containing no words of inheritance, is held to give the grantor ease-pensation for property damaged for public

ments appurtenant to, and not in gross, and a fee simple in the land, instead of a mere license. (N. H.) 226.

denies that the depreciation in the value of uses is discussed at length in a case which property by noise, smoke, and cinders caused by a railroad constitutes such damage. (Ga.) 755.

VIII. CIVIL REMEDIES.

he should have no passway over the land con. veyed is held admissible to rebut the implied reservation of an easement of necessity. (Ky.) 79.

Photographs calculated to arouse sympathy or indignation of the jury should be excluded when not substantially necessary or instructive to show material facts or conditions. (Wis.) 691.

An application to have plaintiff required to submit to have his neck photographed by the use of the X-rays is denied during the progress of the trial, on the ground that the application is not made in time, and also because it is not shown that the person by whom it is proposed to have the photograph taken has the necessary skill or experience to apply the rays without injury to the person. (Minn.) 141.

Physical examination.

An action by a father for the loss of the services of his minor daughter, occasioned by personal injuries, should not be dismissed because she, after reaching her majority, refused to obey an order of the court in which the action was pending, requiring her to submit to a physical examination of her person by a physician. (Ga.) 486.

(CRIMINAL LAW AND PRACTICE.)

Presumption. The court refuses to presume that the law merchant as to the protest of a draft prevails in Asiatic Turkey. (Mass.) 495.

Action for conspiracy.

An action on the case for conspiracy is held not maintainable by a general creditor against those who combine to remove the debtor's property beyond the reach of his claim. (Wis.) 433.

Recovering money paid.

The right to recover back money paid on an assessment for a street improvement, on the ground that the improvement was not completed and the property assessed was not benefited, is denied where it does not appear that all the money collected on the assessment was not honestly expended on the work of the improvement that was done. (Minn.) 537.

The probate of a will is held not subject to collateral attack years afterwards by a proceeding to annul it, merely because one of the two witnesses was disqualified by reason of interest. (Ill.) 798.

Pendency of other suit.

The pendency of proceedings in admiralty for limitation of liability of shipowners, and an injunction against further proceedings in the state court in an action for damages against them with other defendants as joint tortfeasors, are held no bar to further prosecution of the action against the remaining defendants. (Cal.) 467.

Limitation in contract.

A contract limitaton of the time for bring ing an action on an insurance policy is held not to be subject to a provision of the general statute of limitations to the effect that a new suit brought after the failure of a previous one shall be deemed a continuation thereof. (Iowa) 709.

Laches.

Eight years' unexplained delay in prosecuting suits for taxes, when the statute would have barred the taxes except for the suits, is held to defeat the lien for the taxes. (Tenn.) 275.

IX. CRIMINAL LAW AND PRACTICE.

Bail pending appeal is allowed in extraor-representations were made and the prosecudinary circumstances on account of the dan- tion had. (Ill.) 731. ger to the health of the prisoner. (Cal.) 466.

Attempt.

Libel.

Extradition.

The privilege to publish charges against a The necessity of something more than mere candidate for the office of judge is held to be preparation to constitute an attempt to com- limited to publications within the judicial dismit a crime is emphasized by holding no at-trict for which he is to be elected. (Iowa) 223. tempt was made where one had provided him- See also supra, VI. self with revolver and slippers, and had gone 9 miles towards the place where he intended to break and enter a dwelling house, and then met a confederate, loaded his revolver, and procured chloroform, but was prevented from committing the crime by being arrested. (Mich.) 108.

Confidence game.

On an indictment for attempting to obtain money by a confidence game by selling a gold brick, it is held that no conviction can be had where the proof is that the money was actually obtained, although it was obtained in a different county from that where the

A person who comes into a state at the request of another and in pursuance of the latter's business is held not to be a fugitive from justice subject to surrender, in extradition proceedings at the instance of the employer. (S. D.) 566.

Fish laws.

A statute making it unlawful to sell, or have in possession for sale, any trout, is upheld as valid, and construed to cover the possession of trout lawfully caught in another state. (Or.) 153.

INDEX TO NOTES.

(The General Index follows this.)

614

38

305

289