work, such employe was not injured in course of his employment, so as to be entitled to award under Workmen's Compensation Act.-Carnahan v. Mailometer Co., Mich., 167 N. W. 9. 80.- -Workmen's Compensation Act.-An injury received by a workman while engaged in his usual work without intervention of some"accithing unusual or fortuitous is not an dent."-Guthrie V. Detroit Shipbuilding Co., Mich., 167 N. W. 37. 81. Mines and Minerals-Forfeiture.-Where a mining lease gave lessee the right to remove his machinery at the termination of the lease, it was left after cancellation of the lease, on the premises for six months and was extensively repaired, the lessee and creditors forfeited their interest therein.-Heim v. Brock, Ark., 202 S. W. 36. 82. Monopolies-Abstract Business.-As reccords are open to inspection of all, abstract business is not susceptible of being monopolized in same sense that dealing in commercial product may be monopolized, so transaction whereby one of several competing abstract companies acquired business of its competitors is not subject to attack.-Lumbermen's Trust Co. v. Title Ins. & Inv. Co. of Tacoma, U. S. C. C. A., 248 Fed. 212. 83. Municipal Corporation-Constitutional Law.-Ordinance of city of Birmingham, requiring buildings more than two stories high, in part or in whole used for certain purposes, to be provided with standard fire escapes, etc., was not unconstitutional as uncertain in terms. -Birmingham Ry., Light & Power Co. v. Milbrat, Ala., 78 So. 224. 84. Contract.-Where contractor on a public building executed a bond for performance and on his telegraphic request, after advice of the city attorney, the surety by wire consented to insert the words, "and pay for all materials and labor," as required by Acts 1899, c. 182, such addition became a part of the bond.-City of Bristol v. Bostwick, Tenn., 202 S. W. 61. 85. Negligence per se.-Where defendant's automobile struck a wagon, causing a horse to run away, and it ran down one side of the street and abruptly turned to the other, going counter to traffic, and struck plaintiff's decedent. riding a bicycle, decedent was not guilty of negligence as a matter of law for failure to see the horse.-Dier v. Voorhees, Mich., 167 N. W. 26. 86.-Workmen's Compensation Act.-Where employe engaged in removing old and placing new brickwork around one of the boilers in a plant died as result of heat prostration, it not appearing that he exercised himself in any unusual manner or to an unusual degree different from other employes, his death cannot be deemed accidental within Workmen's Compensation Act so as to warrant award.-Roach v. Kelsey Wheel Co., Mich., 167 N. W. 33. 87. Negligence Gratuitous Service. Where seller of porch swing undertook to hang same for buyer, and did so negligently. so that support gave way and buyer was injured, seller was liable to buyer, though hanging of swing was purely gratuitous.-Rick Furniture Co. v. Smith, Tex., 202 S. W. 99. 88. Pledges-Bona Fide Purchaser.-Where party sold piano and received purchase price, and thereafter pledged another piano, which he did not own, to secure delivery, and pledgee subsequently received notice of ownership of pledged piano, and later entered into agreement with seller to accept pledged piano in place of one he bought, the pledgee was not a purchaser without notice.-Renfroe V. Hall, Tex., 202 S. W. 218. 91. one by tion, and binding on the parties; thus discharging the surety not consenting thereto.-Scarborough v. McKinnon, Tex., 202 S. W. 223. Public Lands-Mortgage.-Mortgage who had not perfected his homestead rights, having no patent, certificate, or final receipt, and not having furnished sufficient proof to acquire a certificate, was absolutely void. under Rev. St. U. S. §§ 2290. 2291 (U. S. Comp. St. 1916. §§ 4531, 4532).-Hale v. McGraw, Ala., 78 So. 214. 92. Release-Avoidance of.-A release of damages for personal injury may be avoided on ground of mutual mistake, if existence of substantial injury was not known and considered when release was executed, unless release expressly applied to unknown as well as known injury.-Althoff v. Torrison, Minn., 167 N. W. 119. 93. Specifie Performance-Enforceability.Agreement, covering employment of manager by oil company, whereby manager purchased 30 shares of stock, giving his note, to be paid from dividends, held not unilateral and binding only on oil company, so that transfer of stock was not specifically enforceable by manager. Mutual Oil Co. v. Hills, U. S. C. C. A., 248 Fed. 257. 94. Sale of Chattels.-Generally, contracts for sale of chattels will not be specifically performed, because their money value as damages will enable purchase of others of like kind, but it is otherwise, where the chattels have a special value to the owner.-Southern Iron & Equipment Co. v. Vaughan, Ala., 78 So. 212. Negli 95. Street Railroads-Contributory gence. Where woman of intelligence and activity, aware of dangers of situation and with nothing to distract her attention, or hinder her prevision, walked upon street railway track not at regular crossing, without taking adequate precautions for her safety, there can be no recovery as matter of law. Virginia Ry. & Power Co. v. Boltz, Va., 95 S. E. 467. 96. Subrogation-Mistake of Fact.-Where life tenant, through mistake of fact, borrowed money to discharge mortgage, and plaintiff loaned money believing that life tenant owned fee, plaintiff was entitled to subrogation to rights of original mortgagee, on ground of mistake of fact.-Detroit & Northen Michigan Building & Loan Ass'n v. Oram, Mich., 167 N. W. 50. 97. Waters and Water Courses-Reasonable Detention. The owner of an upper dam may withhold the waters of a stream at certain periods to create sufficient storage to efficiently carry out his purpose as riparian owner, but such right is restricted to a reasonable detention, measured by the capacity and uses of stream by himself and other riparian owners. -State v. Apfelbacher, Wis., 167 N. W. 244. 98. Wills-Devise.-A will providing that, after death of three sons, property devised in trust for their lives should be divided "equally" among the "heirs at law" of the three sons "according to laws of distribution," gave the property in equal shares to the wives of three sons who died without issue and a living child of a fourth son who died before execution of the will.-Morse v. Ward, Conn., 103 Atl. 119. 99.Life Estate.-Will devising life estate of widow, and providing that, "if my wife should marry, I give to our sons" certain stock, and "the rest of my property, real and personal, be divided according to law," gave to the widow, in the event of her marriage, one-half the personality, except the stock, and a life estate in one-third of the realty, with remainder to his children. Weidemann v. Weideman, Ky., 201 S. W. 467. 100. Wills-Words of Limitation.-In view of Civ. Code 1912, § 3571, making works of limitation unnecessary to convey fee by devise, a will devising land in trust for a daughter and her children as her portion, with limitation over in case of death of her and her husband without children surviving who should attain 21 or be married, held to give daughter an absolute estate, so as to vest by inheritance the fee on her surviving child attaining 21 years.-Williams v. Gadsden, S. C., 95 S. E. 519. TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEADING SPONDENCE AND BOOK REVIEWS IN VOL. 86. A separate subject-index for the "Digest of Current Opinions" will be found on page 464, ALIENS. discrimination against aliens employed on ANIMALS, see CARRIERS OF LIVE STOCK. APPEAL AND ERROR, argument appealing to Christianity on a reversal as to one of two conspirators and ARMY AND NAVY, see MILITARY LAW, lawyers as soldiers, 100. ASSAULT AND BATTERY, elements of damages in instructions to jury, ATTORNEY AND CLIENT, duty and liability of attorney in regard to lien in excess of sum for which client set- statement by attorney as malicious attack wrong ethical view as to reason for refusal BANKRUPTCY, right of rescission by seller shortly before BANKS AND BANKING, acquiescence by depositor in bank paying life tenant stockholder in bank liable to BAR ASSOCIATIONS, bar association meetings for 1918-when and program for the meeting of the Arkansas program for the meeting of the Arkansas notice of meeting of the Hawaii Bar Asso- program of the meeting of the Illinois Bar program for the meeting of the Indiana program for the meeting of the Iowa Bar program for the Michigan Bar Association, 434. United States Statutes Annotated, Vol. 5, reviews of text books, Black on Income and Other Federal Taxes, Bowers on the Law of Conversion, 88. Collier on Bankruptcy, 11th edition, 125. Whitley on Bills, Notes and Checks, 343. |