Imagens da página
PDF
ePub

there, but refused, and on October 7th defendants, claiming a violation of the contract, gave notice of cancellation and thereafter refused to accept any further tenders. Held, that plaintiff bad until October 15th in which to tender cotton complying with the contract, and that de fendants' refusal to inspect and accept was premature, and entitled plaintiff to recover damage as for a breach of contract.

-McBath v. Jones Cotton Co., 149 Fed. 383..........79 C. C. A. 203 $ 2. Modification or rescission of contract.

In an entire contract for successive deliveries of goods sold, a vendor's breach in the earlier deliveries may relieve the vendee from liability for subsequent deliveries, if prompt notice of refusal to perform is given by the latter. -McDonald v. Kansas City Bolt & Nut Co., 149 Fed. 360..

79 C. C. A. 298 Immediate notice to the vendor, upon the discovery of his default in the earlier deliveries, that the vendee will not receive subsequent deliveries, or will not further perform. is an indispensable condition of the latter's release from liability for subsequent deliveries which complz with the contract. -McDonald v. Kansas City Bolt & Nut Co., 149 Fed. 360..

79 C. C. A. 298 Upon discovery of the vendor's breach, the vendee has the option to perform, or to refuse to perform, the remainder of the contract. But silence, delay, or failure to give notice of his choice to refuse is a choice to perform, and it destroys the option. -McDonald v. Kansas City Bolt & Nut Co., 149 Fed. 360.

79 C. C. A. 298 § 3. Performance of contract.

The rules applicable to an anticipatory breach of a contract apply as well to one party as to the other. The general rule applicable to a contract for sale and future delivery of articles not specifically designated is that a buyer cannot reject a delivery conformable to the contract, when made in time, merely because there had been a prior tender of goods not conformable and rejected on that ground.

-McBath v. Jones Cotton Co., 149 Fed. 383.. ..79 C. C. A. 203

$ 4. Remedies of buyer.

The difference between the value of the goods furnished and the value of the goods the vendor agreed to furnish constitutes the measure of damages the vendee is entitled to recover for a failure to furnish articles of an agreed character, in the absence of knowledge of special circumstances which make other damages natural and probable, because these are the only damages that would naturally flow from the breach of such a contract in the usual course of events. - McDonald v. Kansas City Bolt & Nut Co., 149 Fed. 360.....

79 C. C. A. 298

SALVAGE.

§ 1. Right to compensation.

The Return, having broken her shaft, was floating helplessly on the Ohio river, when she made signals of distress to libelants' steamboat, in response to which the latter made fast its tow to a telegraph pole on the river bank and went to the Return's assistance. The Return was without means to get out a line, and was in grave peril of drifting against the wall of a dam, or another obstruction below, when libelants' vessel took her to a landing. Held, that the service rendered by libelants' vessel was voluntary, and constituted a salvage service.

- Neel v. Iron City Sand Co., 149 Fed. 980.... .79 C. C. A. 490 § 2. Amount and apportionment.

A decree awarding libelants $25, and directing each party to pay their own costs, was inadequate; libelants being entitled to at least $100, with costs in the trial court.

-Neel y. Iron City Sand Co., 149 Fed. 980....... .79 C. C. A. 490

§ 3. Lien and recovery.

Where a charge for landing a steamer in distress was really a claiin for salvage, it was rightfully cognizable by a court of admiralty in a proceeding wherein the members of the salving vessel's crew could participate; and hence such claim was properly withdrawn from an action by the owner of the salving vessel in a state court against the owner of the vessel saved to recover on an account for services rendered, etc.

-Neel v. Iron City Sand Co., 149 Fed, 980..... .79 C. C. A. 490

SATISFACTION.

See “Payment"; "Release.”

SCAFFOLDS.

Liability of employer for defects, see “Master and Servant,” s 1.

SCHEDULE.

Of rates for carriage of goods, see “Carriers," $ 1.

SEAMEN.

Where a fireman on a tug was injured in the course of his employment, the fact that the tug was engaged in comparatively short coast-wise trips did not relieve her from the usual obligation of a vessel to her crew to furnish care and maintenance to effect a cure. -The Mars, 149 Fed. 729..

.....79 C. C. A. 435 The obligation of a vessel to furnish medical attendance, etc., to a seaman injured in her service does not end with the termination of the voyage, where there was not sufficient time or facilities for the vessel to have then performed its duty. -The Mars, 149 Fed. 729.....

....79 C. C. A. 435 A seaman injured in the course of his employment by his own negligence does not thereby forfeit his right to cure and maintenance at the expeuse of the vessel, where the injury was not caused by his gross negligence or willful neglect of orders, etc. -The Mars, 149 Fed. 729....

.79 C. C. A. 435 Where libelant, a fireman on a tug, was scalded while attempting to tighten the packing on the valve of an ash hoist, resulting from his turning a screw the wrong way and the machinery was noť materially defective, the tug was not liable for his injuries. -The Mars, 149 Fed. 729.....

.79 C. C. A, 435

SEPARABLE CONTROVERSIES.

Removal from state court, see "Removal of Causes,” $ 3.

SET-OFF AND COUNTERCLAIM.

8 1. Nature and grounds of remedy.

A defendant cannot plead an indebtedness of plaintiff as a set-off or counterclaim in an action at law for conversion in a federal court.

-Van Zandt v. Hanover Nat. Bank, 149 Fed. 127.....79 C. C. A. 23

SETTLEMENT.

See “Payment”; “Release.”

SHIPPING.
See "Admiralty"; "Collision"; "Salvage”; “Seamen"; "Towage”; “Wharves."
Instructions as to contributory negligence of passenger on vessel, see "Negll-

gence," $ 1.

[ocr errors][ocr errors]

f 1. Carriage of passengers.

Defendant operated a passenger boat between the city of Cincinnati and a pleasure resort a few miles up the river. Passengers in going to and from the vessel at Cincinnati passed over a wharfboat, between which and the steamer there was a railed bridge three feet wide, and on the side of the steamer, where it rested, there was a space in the railing nine feet wide. Guards were usually stationed at such space on either side of the bridge to protect passengers going off the boat from stepping or falling off. Plaintiff's intestate, a boy 12 years old, with his mother, her sister, and two small children, returned on the boat late one evening with some 1.000 other passengers. There was much crowding at the bridge, and each of the women carried a child. In passing onto the bridge in some way plain. tiff's intestate went to one side, and fell between the boats and was drowned. There was evidence tending to show that there were no guards stationed at the sides of the bridge. Held, that the question of defendant's negligence was one for the jury.

-Coney Island Co. v. Dennan, 149 Fed. 687..........79 C. C. A. 375

SIGNATURES. To pleading, see "Equity," § 1.

SLANDER.

See “Libel and Slander."

SPECIFIC PERFORMANCE.

§ 1. Proceedings and relief.

In decreeing the specific performance of a contract, a court of equity may adapt it to conditions which were not foreseen by the parties when it was made, by requiring the complainant to assent to such modifications and limitations as justice requires in view of such new conditions.

- Wright v. Vocalion Organ Co., 148 Fed. 209........79 C. C. A. 183

STATES.
See "United States."
Conclusiveness of judgment in state court in other states, see "Judgment,” $ 4.
Courts, see “Courts.”

STATUTES.

Provisions relating to particular subjects. See "Bankruptcy," $ 6; "Banks Banking," $ 2; “Carriers," § 2; "Customs

Duties"; “Eminent Domain," § 1; “Grand Jury”; “Indians”; “Indictment and Information," $ 1; “Mines and Minerals,” | 1; "Municipal Cor

porations,” s 1; "Removal of Causes," 88 3, 4. Alien contract labor, see "Aliens," § 1. f 1. Construction and operation.

The title of a legislative act cannot be so read into the body of it as to supply the absence of a substantive provision essential to the conferring of power and authority. -Rider v. United States, 149 Fed. 164...

79 C. C. A. 112

STATUTES CONSTRUED.

70

UNITED STATES.

1894, July 12, ch. 132, 28 Stat. 102

[U. S. Comp. St. 1901, p. 376]. 243 CONSTITUTION.

1897, Jan. 20, ch. 68. 29 Stat. 492 Amend. 6.....

243

[U. S. Comp. St. 1901, p. 549]... 268 Art. 4, 8 1.

32 1897, July 24, ch. 11, § 1, Schedule

L, par. 391, 30 Stat. 187 [U. S. STATUTES AT LARGE.

Comp. St. 1901, p. 1670).

360 1858, May 11, ch. 31, 11 Stat. 28.5.. 243 1898, July 1, ch. 541, 88 2, 4, 30

Stat. 516, 547 [U. S. Comp. St. 1859, March 3, ch. 76, 11 Stat. 402

1901, pp. 3421, 3123)..

328 [U. S. Comp. St. 1901, pp. 316, 446)

1898, July 1, ch. 541, § 4b, 30 Stat. 243

547 [U. S. Comp. St. 1901, p. 1875, March 3, ch. 137, § 5, 18 Stat.

3423]

284 472 [U. S. Comp. St. 1901, p. 511)

1898, July 1, ch. 541, § 5, subsecs. f, 259, 339

g, h. 30 Stat. 548 (U. S. Comp. St. 1882, July 12, ch. 290, 22 Stat. 162

1901, p. 3424)..

485 (U. S. Comp. St. 1901, p. 3157).: 245 1898, July 1, ch. 541, § 7, subd. 9, 1887, Feb. 4, ch. 104, $ 6, 24 Stat.

30 Stat. 548 (U. S. Comp. St. 380 (U. S. Comp. St. 1901, p.

1901, p. 3425].

46 3156]

.328, 329 1887, Feb. 4, ch. 104, 8 8, 24 Stat.

1898, July 1, ch. 541, § 17, 30 Stat.

550 [U. S. Comp. St. 1901, p. 382 (U. S. Comp. St. 1951, p.

3429)

47 3159) 1887, March 3, ch. 3.59, § 1, 24 Stat.

1898, July 1, ch. 511, & 24, 30 Stat. 505 (U. S. Comp. St. 1901, p. 752) 392

553 [U. S. Comp. St. 1901, p. 1888, Aug. 13, ch. 886, 88 1, 2, 25

3431]

485 Stat. 433 (U. S. Comp. St. 1901,

1898, July 1, ch. 541, 8 25, 30 Stat. p. 508)..

259

553 [U. S. Comp. St. 1901, p. 1889, March 1. ch. 333, 25 Stat. 784 56 1898, July 1, ch. 541, § 23a, 30 Stat.

3132]

426 1890, April 26, ch. 167, 88 1, 6, 26 Stat. 72, 73 [U. S. Comp. St. 1901,

553 [U. S. Comp. St. 1901, p. pp. 374, 376).

243
3432]

..485 1891, March 3, ch. 517, § 5, 26 Stat.

1898, July 1, ch.541, 88 29, 30, 827 [U. S. Comp. St. 1901, p. 519) 65

30 Stat. 554 [U. S. Comp. St. 1891, March 3, ch. 517, § 5, 26 Stat.

1901, pp. 3433, 3434].

328 827. Amended by Act 1897, Jan. 1898, July 1, ch. 541, § 60a, 30 Stat. 20, ch. 68, 29 Stat. 492 [U. S.

562 (U. S. Comp. St. 1901, p. Comp. St. 1901, p. 549]..

268 3445]. Amended by Act 1903, 1891, March 3, ch. 517, 8 6, 26 Stat. Feb. 5, ch. 487, § 13, 32 Stat. 799 828 (U. S. Comp. St. 1901, p. 519) (U. S. Comp. St. Supp. 1905, p. 0.5, 268 089]

76 1891, March 3, ch. 517, § 15, 26 1898, July 1, ch. 541, § 63, subsec.

Stat. 830 (U. S. Comp. St. 1901, a, 30 Stat. 562 [U. S. Comp. St. p. 551). 268 1901, p. 3447).

70 1891, March 3, ch. 561, 26. Stat. 1898, July 1, ch. 541, § 67a, 30 1099 (U. S. Comp. St. 1901, p.

Stat. 564 [U. S. Comp. St. 1901, 1467] 382 p. 319)...

155 1899, March 3, ch. 425, 88 10, 12, | Page 3423

.284, 328 30 Stat. 1151 IC. S. Comp. St. Page 3124

485 1901, pp. 3311, 3512). 403 Page 3125

328, 329 1900, June 6, ch. 786, 31 Stat. 321 2 | Page 3429

70 1903. Feb. 5, ch. 487, 8 4, 32 Stat. Page 34:31

485 797 (U. S. Comp. St. Supp. 1905, Page 3432

426, 485 p. 681]... 126 Pages 3133, 3434.

328 1903, Feb. 5, ch. 487, § 13, 32 Stat. Page 3445

76 799 (U. S. Comp. St. Supp. 1905, Page 3447

70 p. 699). 76 Page 3149

153 1903, March 3, ch. 1012, 8 4, 32 Page 3457

245 Stat. 1214 (U. S. Comp. St. Supp. Page 3497

121, 244, 245, 515 1905, p. 277).. 457 Page 3516

245 1904, April 20, ch. 1400, 33 Stat. Pages 3511, 3542.

403 187 (U. S. Comp. St. Supp. 1903, p. 365) ...

112
COMPILED STATUTES (SUPP.)

1905.
REVISED STATUTES.
Page 277

457 563 (U. S. Comp. St. 1901, p. 455] 243 Page 365

112 613 (U. S. Comp. St. 1901, p. 521] 259 Page 684

126 913 (U. S. Comp. St. 1901, p.

Page 689

76 683)

259 $ 914 [U. S. Comp. St. 1901, p. 684)

ILLINOIS.

239, 292 $ 1025 (U. S. Comp. St. 1901, p.

HURD'S REVISED STATUTES 1905. 702]

244

Ch. 24, 8 62.. $ 2116 56

107 $ 2321 [U. S. Comp. St. 1901, p. STARR & CURTIS' ANNOTATED 1426)

213 $ 5209 (U. S. Comp. St. 1901, p.

STATUTES 1896. 3497) 1.121, 244, 245, 515 Ch. 114, par. 112. ......

107 8 5240 (U. S. Comp. St. 1901, p. 3516]

245

LAWS. 1889, p. 223.

107 COMPILED STATUTES 1901. Pages 316, 374, 376, 416, 455...... 243

OHIO. Page 508

259 Page 511

259, 339 REVISED STATUTES 1906. Page 521

259

88 4153, 4159.... Page 519

.... 218 65, 268 Page 554

268 Page 683

259

TENNESSEE. Page 684

259, 292 Page 702

244

SHANNON'S CODE. Page 752

392 88 1859, 1861, 1863, 1865......... 387 Page 1426

213 Page 1467

382 Page 1670

300

TEXAS. Page 3156

46 Page 3139

REVISED STATUTES 1895.

47 Page 3121 328 | Art. 3328

155

STREET RAILROADS. See "Railroads." Carriage of passengers, see "Carriers." Grant to street railroad of right to use street, see "Municipal Corporations," $1. § 1. Regulation and operation.

A plaintiff who, after seeing a street car approaching while he was still upon the sidewalk, started to cross a curved track which led into a cross street without again looking, and was struck by the car and injured, was chargeable with contributory negligence as matter of law, and cannot recover for the injury; nor is he relieved from such negligence by the fact that there was another track, which went straight ahead past the corner.

-Pittsburgh Ry. Co. v. Clutf, 149 Fed. 732..... ....79 C. C. A. 438

« AnteriorContinuar »