(FIDUCIARIES OR REPRESENTATIVES. TORTS; NEGLIGENCE; INJURIES.) V. FIDUCIARIES OR REPRESENTATIVES. Failure of an executor to apply for an extension of a vacancy permit for insured premises which continue vacant on the expiration of the time for which such permit had been granted is held to be negligence which will make him liable for the resulting loss of the insurance in case the property is destroyed. (Ky.) 49. The power of a court of equity to author VI. TORTS; Injury to unborn child. ize the use of trust property for the benefit of infant remaindermen during the life tenancy is denied where the rights are created by a trust which makes the estate of the remaindermen contingent on the exercise of a power of appointment by the life tenant among such of them as survive. (Wis.) 809. NEGLIGENCE; INJURIES. An infant before birth is held to have no such separate existence that an injury then received can give a right of action to the child after birth against the person causing the injury. (Ill.) 225. Conspiracy. A conspiracy to ruin the business of a dealer by refusing to deal with him and inducing others to do likewise. when entered into maliciously and not to promote any legitimate interests of the conspirators, is held actionable. (Minn.) 90. Libel. Dangerous wall or building. In the construction of a wall the person constructing it is held liable for failure to use due care to prevent its falling and injuring persons lawfully on the premises. (N. J.) 106. One who buys a building and continues to use it, or permit it to be used, with knowledge that it was so negligently constructed that it was liable to fall of its own weight, is held liable for damages caused by its fall to a person lawfully standing in front of it. (S. D.) 157. Damage by water from roof. A publication in a church paper, made in good faith by officers of the church, in the performance of what they deem their duty to other members of the church, making defamatory statements as to their pastor, is held to be privileged, although it may be read by some who are not church members. nary care. (Mass.) 278. (Kan.) 236. One who discharges water collected from a roof, through an aperture in a gutter, upon a neighbor's land, causing a wall to fall, is held liable without regard to the defective construction of the wall; and his liability is held not to be limited by the exercise of ordi Deceit. A false statement by the cashier of a bank, authorized by the directors, in a certificate to the insurance commissioners respecting the depositors of an insurance company, on which a license is obtained, and publication of the same statement in the public press, to which the bank was privy, made with a view of selling stock it held as collateral, are held insufficient to make the bank liable for deceit to a person who purchased such stock, which proves to be worthless. (C. C. App. 6th C.) 210. Pollution of stream by sewers. A striking and exceptional decision in Indiana in favor of the right of a city to discharge sewage into a stream without liability to injured landowners holds that no actionable wrong will result if it is done in conformity to statute and without negligence. (Ind.) 707. On the other hand, the right to discharge sewers of a city into a stream to the damage of landowners, without just compensation, is denied in Missouri, notwithstanding the necessity of sewers and the provisions of a statute requiring them to follow the natural drainage of the country, and although private sewers, causing some pollution of the water, but not amounting to a nuisance, had been discharged into the stream for many (Mo.) 711. years. The drainage of sewers into a river, polluting the waters and causing a nuisance to lower proprietors, is held, in Connecticut, to create a liability on the part of a city for the damages thereby caused, as the injury constitutes a taking of property under the constitutional provision requiring just compensation. (Conn.) 691. Riparian owners in New Jersey are held entitled to compensation for damage to their property by the pollution of a river at a place above the ebb and flow of the tide, but not at a place where the tide ebbs and flows. (N. J.) 717. See also 722. (PROPERTY RIGHTS; LIENS; WILLS; TRUSTS.) to be within the scope of his employment effect of what would otherwise be an assumpwhen he takes the engine and goes forward tion of the risk, but not from the effect of to inspect the track, under orders of the road contributory negligence. (C. C. App. 6th superintendent, after a heavy storm. C.) 68. (Ind.) 531. A brakeman leaving his working clothes in a caboose according to custom, although he may have a license to go into the caboose to get his clothes for the next trip, is held not to be within the scope of his employment or of his license in jumping on and off such caboose when the train is in motion, in search of his clothes. (Minn.) 796. An employee whose special business it is to oil a shaft and bearing is held not to be entitled to a warning of the danger of a set screw fastening a collar near the end of the shaft, although it projects in such a manner as to be likely to catch the clothing of persons coming near it. (Mass.) 96. The performance of service outside of the scope of employment, in obedience to the order of a foreman, is held not to involve an assumption of the risks, unless they are such that an ordinarily prudent man would not encounter them. (Ill.) 753. On assurance of an employee by the employer that work required to be done is safe, it is held that the servant's knowledge, or a statement by a third person, that the work is not safe, does not necessarily make him guilty of negligence. (Mass.) 542. A railroad company's violation of a stat ute requiring the blocking of guard rails and frogs is held to relieve an employee from the A charge that a master should instruct his employee as to the nature, force, and probable effect of an explosion of a pot of molten metal in case it comes in contact with water, and that it is not sufficient to instruct merely that an explosion is likely to follow such contact, is held proper. (Mich.) 649. Injury by fellow servant. A servant of a truckman sent by his master to drive the latter's horse in operating hoisting apparatus at a warehouse is held not to be a fellow servant of the warehouseman's employees, by whose negligence in he is injured. (N. Y.) 673. putting the pulley block and tackle in place to an employee for injuries caused by incomA railroad company is held not to be liable petence of a coemployee on account of negligence in employing him, if his incompetence was not with respect to acts for the performance of which he was employed. (Mo.) 368. The so-called departmental theory of fellow servants is criticised, and seems to be substantially repudiated, by a recent Missouri case holding that a conductor as well as an engineer of a freight train is a fellow servant of the fireman, when their negli gence causes a derailment of the train, by which the fireman is injured. (Mo.) 399. VII. PROPERTY; RIGHTS; LIENS; WILLS; Trusts. An estate by entireties, and not by joint tenancy, is held to be created by deed to husband and wife jointly. (Ind.) 234. Restrictions in a deed as to the building line are held not to be enforceable by a prior grantee of a lot on the same street, subject to the same restrictions, where it did not appear that these were imposed as a part of a general scheme for the benefit of all the purchasers. (Md.) 54. Adverse possession. Adverse possession by third persons of land conveyed to a purchaser is held to give no ground of complaint to his subsequent vendee after the former had bought in the outstanding title. (Ky.) 537. A parol transfer of the right of a person holding adversely is held sufficient to give his transferee a right to tack the two possessions for the purpose of acquiring title by adverse possession. (Wis.) 830. Fisheries. A right to fish in a pond on private land is held not to arise by prescription or by custom because of long usage by the public. (N. J.) 616. Railroad trade fixtures. Railroad improvements put on a right of way purchased from a mortgagor are held to be trade fixtures which do not become subject to the mortgage, but may be removed on foreclosure. (Kan.) 241. (CIVIL REMEDIES.) sideration therefor was the prospective royalties, although the lease purported to be made for five years, and longer if oil or gas was found in paying quantities, and provided a forfeiture of $50 if the well was not completed within ninety days. (C. C. A. 4th C.) 320. License to cut timber. A written contract for the sale of an undivided interest in land is held to revoke pro tanto a license to another person to cut timber thereon. (Wis.) 839. Surface water. A city lot which the owner attempts to fill in or raise is held to be subject to the civil-law rule prohibiting the obstruction of surface water from adjoining property, to the same extent as if the premises were rural. (Tenn.) 862. For pollution of water, see supra, VI. See also supra, III., as to lien on stock. A lien upon a street railway for a paving assessment to which the company is subject under its charter is held to be superior to the lien of a mortgage upon the property. (Ind.) 41. Judgment. A will is held not to be subscribed at the end as required by statute, where it consists of four pages in one sheet folded lengthwise down the middle, where the signature is on the second page after a portion of the will, while the third page contains other portions of the will without anything to connect those portions with what appears above the signature. (N. Y.) 662. An antenuptial contract by which a wife, for a specified sum, agrees to release all claims on her husband's estate in order that Appearance. his property may pass under his will, is held binding on her so as to prevent her from contesting the rights of the beneficiaries under the will on the ground that it was revoked by the marriage. (Ill.) 557. A legacy conditioned on the legatee's being declared at the expiration of a certain time to be a reformed man is held to make .a condition precedent, and the condition is not void for uncertainty. (Mich.) 580. A will giving a young man an estate for his education, requiring him to complete a course at one of two universities named, and providing that the estate shall pass from him if, through his own disinclination or incapacity or the indifference of his parents or guardians, he shall fail to do so, is held to tion subsequent, so that his death during his vest the estate in him, subject to the condicollege course will not devest his estate or prevent it from passing to his heirs. (Md.) 58. Trusts. An allowance out of the income of a trust estate for the maintenance of an infant is made, although the trust provided for its use only for his education, where the infant's mother, who was the only other person interested in the income, agreed to the allowance. (R. I.) 783. The premium paid on an investment of trust funds the income of which is given by will to testator's daughter for life, with remainder to nephews and nieces, is held not to have been intended by the testator to be deducted from the daughter's income in order to restore the principal of the fund. (N. Y.) 126. Charitable gifts. held under a treaty provision authorizing A charitable gift to a foreign city is upsuch gifts to citizens of the foreign country, and notwithstanding the fact that the capacity of the city was for a time suspended by the necessity of obtaining a permit from the council of state. (La.) 77. A trust for the saying of masses is upheld as a charitable use because the public service is religious and the money expended therefor supports the clergy. (N. H.) 100. VIII. CIVIL REMEDIES. The voluntary appearance of a defendant without reservation and without objection to jurisdiction in a divorce proceeding, in which he seeks the advantage of the decree in opposition to an application for an amendment to allow alimony, is held to authorize a binding judgment against him, although the original decree was void for want of service of process. (N. J.) 679. (CRIMINAL LAW AND PRACTICE.) provision that courts of justice shall be open to every person, and that justice shall be administered without sale, denial, or delay. (Colo.) 340. Foreign judgments. The probate in common form of a will under statutes making it an exercise of judicial power, and the judgment conclusive as to all matters properly cognizant in probate proceedings, and as to the property cov ered by the will, is held to be, so far as regards personalty, within the constitutional provision as to giving full faith and credit in every state to the judicial proceedings in every other state. (Tenn.) 130. to be by implication a part of a subsequent act of incorporation, and therefore binding in a suit in another state to enforce the liability of a stockholder in such corporation. (C. C. A. 4th C.) 625. Subrogation. A peculiar case as to subrogation holds that a purchaser on foreclosure, who voluntarily pays a claim for taxes before the sale is affirmed, but without knowledge of any dispute as to the validity of the taxes, is entitled to subrogation to a claim for such part of the taxes as was certainly valid, but the court refuses to require a receiver to recognize the payment of the disputed part of the taxes, or to assume the burden of any litigation concerning it. (C. C. A. 4th C.) 503. Garnishment. A debt of an insurance company for loss in another state is held to have no situs in a third state for the purpose of garnishment therein, by reason of the fact that the insurance company had an agent therein on whom process could be served. (N. C.) 452. The rule that equity will not enjoin criminal prosecutions is applied in a case for an injunction against the enforcement of a statute requiring the inspection of beer. (Mo.) 596. An injunction against the passage of an ordinance which will create a contract is held to be in excess of jurisdiction, whether the ordinance will be valid or not if passed. (Wis.) 819. An injunction against a wrongful assessment for paving is held properly limited to that assessment, where the order for the paving was legal, thus leaving opportunity for a new assessment. (Wis.) 851. IX. CRIMINAL LAW AND PRACTICE. Conviction of being a suspicious person, is held not to be invalid for that reason, when the suspicion is wholly undefined, where the statutes do not provide that without reference to any particular crime, is courts shall not sit on holidays. (Ohio) held to be in violation of the constitutional 459. provisions against unreasonable searches and seizures, and against cruel and unusual punishments. (D. C.) 220. A state statute making it an offense to solicit a scaman to desert from any vessel within the jurisdiction of the state is held not to be in violation of the constitutional provision as to commerce, in the absence of any act of Congress to the contrary. (Or.) 153. Indictment. An indictment found on a legal holiday 48 L. R. A. Double jeopardy. A plea of former jeopardy is held not to constitute in itself a jeopardy, or a discharge thereon an acquittal. (Kan.) 254. A sentence imposed after reversal of a former sentence on the prisoner's application is held not to constitute double jeopardy, although he had partly served the first sentence, including one day's solitary confinement, which was included also in the second sentence. (Mass.) 393. 848 843 as against enforcing contracts for 625 enforcing invalid contracts relating to al; (6) marriage brokage bonds; (V.) Against draining sewage into stream 842 842 707 stamp an instrument on which the law |