2. Attorney and Client-Disbarment.-Where an attorney settled a claim in full, but gave part of the money back, netting less than he was authorized to settle for, hiding the true settlement from his client, he will be disbarred. -In re Waddell, Mont., 172 Pac. 1036. 3. Employment.-Attorney for automobile owner in casualty company's suit to restrain owner's action on policy held to have legal right, regardless of propriety, to appear for injured person in his suit against automobile owner, though he was at time attorney for automobile owner in other litigation.-Maryland Casualty Co. v. Jackson, Mass., 119 N. E. 682. 4. Statement by Attorney.-Statement by attorney of mechanics' lienor to purchaser of realty that lien was dissolved by bond given for purpose, but not recorded within ten days after its approval, as required, was ineffectual to bind client.-Goldstein v. Tucker, Mass., 119 N. E. 693. 5. Bailment-Bailee.-Where a daughter arranged to furnish a car and chauffeur for the use of her mother, in using the car and chauf crow 7. Banks and Banking-Bank Commissioner. -Where purchaser of bank stock held in estill payment of price agreed to accept substituted stock which the bank took in exchange for its stock, purchaser was liable for price of either the bank stock or its equivalent, where there was a doubt as to validity of exchange of bank stock; the bank commissioner disapproving the exchange. Hughes Mfg. & Lumber Co. v. Elliott, Cal., 172 Pac. 584. 8.- -Conversion.-Bankers, who in good faith, without notice, sold for thief's agent stolen coupon bond of United States for gold bond of telephone company, convertible into stock at holder's option, were not liable for conversion of such instruments, negotiable under Laws, c. 73, § 18, and section 22, subsec. 4, though they received compensation for sale.Pratt v. Higginson, Mass., 119 N. E. 661. Rev. 9.- -Provisional Credit.--Where a bank credits a check drawn on itself to person presenting it on the strength of a check payable to drawer of former check and deposited simultaneously therewith, if payment was stopped on the latter check, the bank has the right to recharge former check to person to whom it had been credited.-Snyder v. Hamilton Nat. Bank, Cal., 172 Pac. 1069. 10. Bills and Notes-Assignment.-One who acquires a negotiable promissory note, by an assignment written on a separate piece of paper, from one who is not a holder in due course, takes the note subject to all equities and defenses in favor of the maker.-Stevens v. Keegan, Kan., 172 Pac. 1025. 11.- -Notice.-The transferee of a note given for an aggregate sum due on a day named, but payable in monthly installments thereafter, acquired it without notice, where the past-due installments do not appear to be in arrears.— Reed v. West Loan & Trust Co., Ga., 95 S. E. 1002. 12. Surety. Where the responsibility of officers and stockholders of a corporation indorsing its notes was mutual, and they all stood as sureties for the corporation, they were not entitled to notice of protest on corporation's failure to pay notes at maturity.-Friedman v. Maltinsky, Pa., 103 Atl. 731. er 13. Bonds-Negotiability.-Rule that interest coupons of United States bonds payable to bearare negotiable instruments, title to which passes by delivery, applies to coupons attached to state and town bonds for different installments of interest, when severed from bonds.Pratt v. Higginson, Mass., 119 N. E. 661. 14. Brokers Agency.-A broker is entitled to commission, having found a purchaser ready and willing to buy on authoirzed terms, though owner then withdrew property from market; she having a few days later closed a trade with such purchaser on such terms.-Ferguson Quick, Miss., 78 So. 618. V. 15. Carriers of Goods-Notify Shipment. Consignee of freight on "order notify shipment,' who has paid draft attached to bill of lading and who owns the goods, cannot, by refusing to accept goods, avoid payment of freight and demurrage charges. Southern Flour & Grain Co. v. Seaboard Air Line Ry., Ga., 95 S. E. 997. 16. Terminal Service.-Switching being a terminal service that is rendered only in connection with certain parts of the traffic, and that may not be required, and being a service that is separate and distinct from transportation service, a carrier has no right, in view of Laws 1910, (Ex. Sess.) pp. 46, 48. §§ 3, 5, to fix a rate that includes switching charges, regardless of whether switching services are rendered. -Consumers' League of Colorado v. Colorado & S. Ry. Co., Colo., 172 Pac. 1064. Negligence. 17. Carriers of Passengers That employment of postal clerk prevented him from occupying heated coaches furnished by carrier after the wreck, so that he remained in charge of mail and contracted illness, carrier's failure to provide warmth and shelter other than such coaches was not actionable negligence.-Lusk v. Wilkes, Okla., 172 Pac. 929. 18. Chattle Mortgages - Priority. who in payment of his antecedent debt takes - Creditor quitclaim deed to buildings on premises owned and leased by him to debtor and takes possession thereof, with notice of prior chattel mortgage thereof, with notice of prior chattel mortgage thereon in form of a bill of sale, without affidavit of good faith required by Rem. Code 1915, § 3660, and not recorded, given to secure another creditor, is "purchaser for value" within section 3660, and has rights superior to the prior chattel mortgage.-Embagi v. Northwestern Improvement Co., Wash., 172 Pac. 834. 19. Commerce-Carmack Amendment.-Since the Carmack Amendment of the Hepburn Act deals only with the carriage of goods, it did not suspend operation of Burns' Ann. St. 1914, § 3897, as to releases of liability of carrier of passengers, nor Const. Ky. § 196, prohibiting carriers from contracting for relief from their common-law liability.-Clark v. Southern Ry. Co., Ind., 119 N. E. 539. 20.-Export Trade.-Act Oct. 3, 1913, § 2, subjecting every domestic corporation to an annual tax upon its entire income arising or accruing from all sources during preceding calendar year, is not invalid under Const. art. 1, 9, cl. 5, declaring that no tax or duty shall be laid on articles exported from any state, in so far as act applies to income derived by a corporation from its export trade.-William E. Pec & Co. v. Lowe, U. S. S. C., 38 S. Ct. 432. 21.- -Installation of Machinery.-Where contract for sale of ice-manufacturing machinery between Pennsylvania manufacturing company and residents of Texas provided that machinery should be installed under supervision of engineer to be furnished by Pennsylvania corporation and tested by him before purchasers should be bound to accept same entire must be deemed interstate commerce. - York transaction Mfg. Co. v. Colley, U. S. S. C., 38 S. Ct. 430. 22.-License Tax.-St. 1911 Wis. § 1220, imposing a license tax of 3 per cent on the gross income of domestic insurance companies in lieu of other taxes on personal property, held not invalid as casting burden on interstate commerce in its application to foreign investment business of companies; tax being in nature of a commutation tax.-Northwestern Mut. Life. Ins. Co. v. State of Wisconsin, U. S. S. C., 38 S. Ct. 444. general welfare in adjusting controversies between private suitors involving expenditure of funds for local transportation facilities.-Ralston Business Men's Ass'n v. Bush, Neb., 167 N. W. 727. 25. Conspiracy-Slander.-In suit for conspiracy to slander there can be no recovery where there is only evidence that defendants as individuals did slander.-Yocum v. Husted, Iowa, 167 N. W. 663. 26. Constitutional Law Classification. - St. 1911 Wis. §§ 1220, 1221, providing for taxation of insurance companies, which discriminates between domestic companies and foreign companies, is not invalid as denying to domestic companies equal protection of the laws in violation of Const. U. S. Amend. 14, for the classification was warranted.-Northwestern Mut. Life Ins. Co. v. State of Wisconsin, U. S. S. C., 38 S. Ct. 444. 27. Public Utilities.-Burns' Ann. St. 1914, § 10052t3, prohibiting licensing public utilities for duplication of service in any territory, unless certificate of public necessity is acquired, is not, as deprivation of right to hold property, repugnant to Bill of Rights, § 1, securing the rights of life, liberty, and pursuit of happiness. -Farmers' & Merchants' Co-op. Telephone Co., Boswell, Ind., v. Boswell Telephone Co., Ind., 119 N. E. 513. 28. Corporations Equitable owner of stock sold it and received purchaser's Title. Where cash payment and note, and purchaser, without seller's indorsement, as required by certificate, sold it to plaintiff without notice of equities of original seller, plaintiff took an equitable title thereon.-Massengale v. Hodgson, Ga., 95 S. E. 975. 29.- -President.-President of a corporation, who under its by-laws is its chief executive officer, having general control and management of its affairs, has authority to employ an insurance adjuster to adjust a fire loss.-P. Curtis Ko Eune Co. v. Manayunk Yarn Mfg. Co., Pa., 103 Atl. 720. 30. -Seal.-It is well settled the charter or governing statute requires it. unless the act of a corporation need not be evidenced by its corporate seal, except where a seal would be required in the case of an individual. -State v. Watters, Fla., 78 So. 671. upon that, 31.- -Stockholders. corporate stockholders, minority in number, but Agreements between owning majority of stock, made on sufficient consideration, to unite on policy or action, or course of corporate will elect, are valid and binding, if they do not officer whom they contravene express charter or statutory provisions, or contemplate fraud, wrong against other stockholders, or other iloppression, or legal object.-Manson v. Curtis, N. Y., 119 N. E. 559, 223 N. Y. S. 313. 32. Criminal Law-Instructions.-In prosecution for having possession of cocaine in violation of California statute, exclusion of evidence tending to show that drug was in process of exportation into Mexico cannot be deemed harmless error because weighing in California before exportation coin repacking drug after caine not included in original shipment was added; it appearing prosecution relied on the original shipment.-McGinnis v. People of State of California, U. S. S. C., 38 S. Ct. 441. 33. Damages--Mental Pain. While negligence gives no right to damages for mensimple tal pain and suffering, where there is a willful wrong, exemplary damages may be awarded.Western Union Telegraph Co. v. Teague, Miss., 78 So. 610. 34. Deeds-Vacating Alley.-Where owners of Jots petition for vacation of an alley separating the lots, and that "the title to same be duly merged into that of said abutting lots," a conveyance by one of them of one of pursuant to contract to give "possession of the the lots full lot," thereby intending to convey the lot as enlarged by the alley vacation, will convey the lot as so enlarged.-Whalen v. Smith, Iowa, 167 N. W. 646. 35. Divorce-Extreme Cruelty.-Where husband, who had children by former marriage. became angry over his wife's treatment of 124 CENTRAL LAW JOURNAL them, and struck her, and used vile language toward her, and also refused her money she thought necessary, he was not guilty of "extreme cruelty," entitling wife to divorce from bed and board.-Thomas v. Thomas, N. J., 103 Atl. 675. 36. Election of Remedies-Prayer for Relief. -Where plaintiff, who sued to cancel a contract for exchange of lands and a deed, might have prayed in alternative for monetary relief, he cannot be deemed to have elected a remedy and inconsistent with such relief; so his amended of contract petition, praying affirmance monetary relief, which was led on law side of court, pursuant to order under equity rule 22 (33 Sup. Ct. xxiv), transferring cause, was not - Friederichsen commencement of new and independent action, statutes. — Renard, U. S. S. C., 38 S. Ct. 450. within limitation V. a Flooding. Where 37. Eminent Domain permanent dam was constructed without a lifor damages for of action cense, the cause flooding accured immediately upon its construction, and did not pass under a warranty deed Co. Power executed before a proceeding to obtain a license commenced.--Wapsipinicon Waterhouse, Iowa, 167 N. W. 623. was V. 38. Fraud Investigation.-Where realty brocustomer, kers had been told by son of customer who dethe to sell property, acting for sired customer seeking that another broker's other broker not to property had instructed disclose his name, it cannot be said that broor cuskers did not make investigation they should before not calling on other broker' have in tomer and asking who to commission from seller.waiving right Henry W. Savage, Inc., v. Wheelock, Mass., 119 N. E. 670. customer was -A 39. Frauds, Statute of Land Contract. contract by a decedent to make a will of 80 acres of land, in consideration for services rendered, is within the statute of frauds.-Hoopeston Public Library v. Eaton, Ill., 119 N. E. 647. as ex In contract for Contract. 40.Land 975 change of property, description of farm to be warranty deed conveyed by general acres of land, more or less, in a certain county, section, township, known as the "Beeler Farm,' was sufficient to take transaction without the statute of frauds.-Edwards v. Phillips, Okla., 172 Pac. 949. be 41. Oral Agreement.-Where an heir conveyed to another heir his share of real estate under oral agreement of the latter to will him cannot the entire estate, such agreement proved, and no damages can he had from the estate for its breach nor claim be allowed in V. Burkhart, Parkes probate proceedings. — Wash., 172 Pac. 908. 42. assume Highways-Collision.-An automobile operator must keep his machine always under control so as to avoid collision with other persons using the highway, and cannot that the road is clear, and, although he may due care, he is that others will use under like duty with respect to every one else. V. Brown, Tenn., -Coca-Cola Bottling Works 202 S. W. 926. assume on 43.- Establishment of.-A highway may be 45. Injunction-Trade Secrets.-A bill to en- tained trade secrets.-Witkowsky v. Affeld, Ill., 46. Insurance-Ambiguity. - Policy indemnifying against claims arising from maintenance and use of described automobile, and exempting company from liability for accidents occuring while the car was driven by persons under 16 years of age, was not so free from ambiguity as to exclude consideration of the practical construction by the parties.--Fullerton v. United States Casualty Co., Iowa, 167 N. W. 700. 47.Change of Beneficiary. Where an ordinary life policy provides for change of beneficiary upon indorsement on the policy, the wife of insured, named as beneficiary, and who joined in the application for the policy, took the same into her possession, and paid all the premiums, had vested interest, and the beneficiary could not be changed except as provided in the policy. Neary v. Metropolitan Life Ins. Co., Conn., 103 Atl. 661. 48.- -Insurable Interest.-If one who took out policy insuring automobile against theft and fire without insurable interest in car had assigned his interest in policy to owner of car with insurer's assent, no valid contract would have been created.-O'Neill v. Queen Ins. Co., Mass., 119 N. E. 678. 49. Loan Agreement.-Where life insurance policy agreed to make loans, provision for renewal on payment of advance interest might be made by execution of paper separate from loan because loan agreement, and, where separate paper is cannot decline offered, insured provision is not inserted in loan agreement.Hubbard v. Equitable Life Assn. Soc., W. Va., 95 S. E. 811. 50. -Waiver. Under a policy providing that loss is not payable until 60 days after notice and ascertainment thereof, including an award by appraisers when required, the allegation that defendant failed and refused upon demand to join the plaintiff in making proof and ascertaining loss charges a waiver of the insurer's right to appraisal and also the maturity of the claim.-Commercial Union Assur. Co., Limited, of London, England, v. Schumaker, Ind., 119 N. E. 532. 51.- -Workmen's Compensation Act.-Where employer was not under Workmen's Compensation law when indemnity policies were issued to it and by insurance term it came under the contract by law, the parties might modify premium should an unearned agreeing that stand as insurance compensation for injuries for remainder of insurance year.-Blanton Kansas City Cotton Mills Co., Kan., 172 Pac. 987. V. Revenue Corporations.-Legis52. Internal lative purpose of Corporation Tax Act Aug. 5. 1909, imposing on every corporation organized for profit an excise tax equivalent to 1 per cent on the entire net income above $5,000 received from all sources during the year, was not to tax property as such, or the mere conversion of property into money, but to tax conduct of business of corporations organized for profit.Doyle v. Mitchell Bros. Co., U. S. S. C., 38 S. Ct. 467. - Under Corporation 53. -Corporation Tax. Tax Act Aug. 5, 1909, § 38, a mining corporation, for the purpose of determining its net income, is entitled to deduct from its gross inamount whatever on account of depletion or exhaustion of ore bodies, caused by operations for year during which tax was assessed. Goldfield Consol. Mines Co. v. Scott, U. S. S. C., 38 S. Ct. 465. come no 54. Corporation Tax.-Where railroad company purchased stock in another company prior to January 1, 1909, and sold it at profit thereafter, proceeds of the sale cannot be considered as income, within Corporation Tax Act Aug. 5, 1909, § 38, except to extend that selling price exceeded ascertained market value of stock on December 31, 1908.-United States v. Cleveland, C., C. & St. L. Ry. Co., U. S. S. C., 38 S. Ct. 472. 55. -Corporation Tax.-Where a corporation invested in the stock of another corporation, and later sold it at an advance over the purchase price, the amount of the advance must be deemed a gain or profit, for the purpose of computing income, within the Corporation Tax Act; there being no merit in the contention that interest should be added to the purchase price to ascertain the cost of the stock.-Hays v. Gauley Mountain Coal Co., U. S. S. C., 38 S. Ct. 470. 56. Gross Income. Corporation to which mining lease was assigned held not a purchaser of ore in place, so as to be entitled, under Corporation Tax Act Aug. 5, 1909, § 38, to deduct from gross income from extraction of ores, value of ore in place in mine, for computation of net income.-United States v. Biwabik Mining Co., U. S. S. C., 38 S. Ct. 462. 59. Libel and Slander-Libel Per Se.-A publication that charges plaintiff with refusal to pay a debt and rating him as a poor credit risk, tending to make the public regard him as unworthy of credit, is libelous per se, and special damages are presumed.-Turner v. Brien, Iowa, 167 N. W. 584. 60. Licenses-Regulation.-An operator of a motor car used for passenger service between numerous villages may be required to take out a license in a village through which the car travels, although his employer has taken out a license at its principal place of business.-Opdyke v. City of Anniston, Ala., 78 So. 634. its negligent operation in such use, and it is immaterial that the chauffeur is furnished and paid for by another.-Crouse v. Lubin, Pa., 103 Atl. 725. 67.- -Course of Employment.-Mill hand accustomed to leave work by crossing freight platform, walking along railroad track, and so reaching highway, was not, in boarding switch train from the freight platform, leaving in usual way, so that award of compensation was unwarranted. — Foster-Latimer Lumber Co. v. Industrial Commission of Wisconsin, Wis., 167 N. W. 453. 68. Dependency. - One not so listed by Workmen's Compensation Act is not a dependent or partial dependent, if by expenditure of propeffort, under all circumstances, he is of ability to be self-supporting, according to the proper measure.-Gherardi v. Connecticut Co., Conn., 103 Atl. 668. er 69. -Dependency. - Widow, whose husband was killed prior to amendment in 1913 (P. L. p. 302) of Workmen's Compensation Act, par. 12, leaving her as his sole dependent, had a vested right to compensation for 300 weeks, which could not be abridged by subsequent legislation; hence she did not forfeit same by her subsequent marriage. Hansen V. Brann & Stewart, N. J., 103 Atl. 696. 70-Employes' Association. Rem. Code, 1915, § 6604-1 et seq., requiring employers of persons engaged in constructing telegraph lines to pay premiums for industrial insurance, is not invalid as impairing the obligation of the contract between the company and its employes as members of an employes' association.-State v. Postal Telegraph-Cable Co. of Washington, Wash., 172 Pac. 902. 72.-11legitimacy. An illegitimate daughter of the daughter of injured workman is not a dependent of the daughter's father, as defined in Workmen's Compensation Act, as amended by P. L. 1913, p. 302.-Splitdorf Electrical Co. v. King, N. J., 103 Atl. 674. of Circuit 61 Uniformity.-License tax of $5 per annum on penny-in-the-slot machines is not violative of constitutional provision as to extent or uniformity of tax rate on property or as to discrimination.-Dunlap v. State, Ala., 78 So. 638. 62. Mandamus Parties. - Where, in obedience to direction of court, clerk Court of Appeals declined, without deposit to secure costs as required, to file record of appeal by seamen from a decree dismissing their libel to enforce payment of wages, and such seamen applied to the Supreme Court for a writ of mandamus against clerk, that tribunal may disregard fact that clerk only was a technical party, and in the exercise of a sound discretion determine propriety of order.-In re Hassan Abdu, U. S. S. C., 38 S. Ct. 447. 63. Marriage-Indian Nation.-Under Act May 2. 1890. § 38, validating all marriages theretofore contracted under "laws or tribal customs of any Indian nation," marriage of Chickasaw woman in 1887 was sufficiently established by evidence that she and man held themselves out as man and wife and were reputed married, and that it was customary to disregard solemnization before judge or preacher, despite Chickasaw Act Oct. 12, 1876, declaring that all marriages should be solemnized by a judge or preacher.-Carney v. Chapman, U. S. S. C., 38 S. Ct. 449. 64. Master and Servant-Accident.-Fact that defendant owned automobile which struck plaintiff is not enough to show that chauffeur was acting within scope of employment at accident.-Gardner v. Farnum, Mass., 119 N. E. 666. 65. Accident.-The word "accident," as it Occurs in Workmen's Compensation Act. is used in its popular sense, and means any unlooked for mishap. or untoward event not expected or designed.-Indian Creek Coal & MinIng Co. v. Calvert, Ind., 119 N. E. 519. 66. Automobile.-One who keeps an automobile for the pleasure and convenience of himself and family is liable for injury caused by 73. Independent Contractor.-Mill owed to employe of engineering company, engaged in wrecking boilers on its premises, same duty not to injure him carelessly that it owed to its own employes.-Heuser v. Tileston & Hollingsworth Co., Mass., 119 N. E. 683. 71. Jitney Bus. Where jitney bus company, licensed to run on certain avenue, directed driver to follow that route only, and did not know or have reason to believe he departed therefrom, it was not liable for injuries suffered by passenger whom the driver was taking to his home outside the route.-Youngquist v. L. J. Droese Co., Wis., 167 N. W. 736. 75.-Non-Delegable Duty. Where threshing machine was stopped because cylinder was clogged, the master owed the non-delegable duty to give warning before starting to a servant, who in pursuit of his duties was in a dangerous position cleaning the cylinder.— Daraveleas v. Morrison, Wash., 172 Pac. 814. 76.-Workmen's Compensation Act.- Where servant was required to handle a conduit in a vise, and while temporarily absent another connected live wires to the conduit, so that when the servant returned he was killed in touching the conduit, he was performing a service growing out of and incidental to his empolyment at the time of his death within St. 1917, § 2394-3. subd. 2.-Newport Hydrocarbon Co. v. Industrial Commission of Wisconsin, Wis., 167 N. W. 749. 77.-Workmen's Compensation Act.-Servant in general employment of ice company injured at work in yard of coal company to which ice company let horses, wagon, and servant as driver, latter taking his orders from coal company, was in employment of coal company, and his remedy under Compensation Act was against its insurer.-Scribner's Case, Mass., 119 N. E. 651. 78.-Workmen's Compensation Act. -Nonliability under Workmen's Compensation Act for death of employe from disease exists only where death results from his ailment progressing naturally and disassociated from any injury arising out of and in course of employment, but if such injury concurs with ailment and hastens latter to fatal termination, right to award exists.-Indian Creek Coal & Mining Co. v. Calvert, Ind., 119 N. E. 519. 79. Monopolies Anti-Trust Act. - Where company which had patents for most of the machines for manufacture of shoes, on acquiring other patents, entered into contract with inventor providing for his assignment of subsequent inventions, such contract did not show violation of Anti-Trust Act.-United States v. United Shoe Machinery Co. of New Jersey, U. S. S. C., 38 S. Ct. 473. 80. Mortgages False Representations. Where a woman inexperienced in business is induced to give her note and execute a deed of trust on her land in consideration of shares of stock in a land development company upon the representation that the company owned certain land, she was justified in believing such statement, and was not bound to investigate its truth.-Carlson v. Akeyson, Colo., 172 Pac. 1058. Contributory 81. Municipal Corporations Negligence.--Where the driver of a wagon fails to look at the surface of the street for two minutes before driving into a hole 24 inches wide, 6 inches long, and 4 or 5 inches deep, and his view was unobstructed by traffic for at least 75 feet, he is guilty of contributory negligence as a matter of law.-Bean v. City of Philadelphia, Pa., 103 Atl. 727. 82. Defective Street.-Cement block of cement sidewalk lifted from one to three inches above surface of walk held not as a matter of law such "trivial defect" as not to charge city with negligence in failing to remedy after notice. Geer v. City of Des Moines, Iowa, 167 N. W. 635. V. 83. Pedestrians.-If defendants' servants in concert raced their trucks in street, driving so fast as to endanger safety of foot passengers, both defendants were liable for death of pedestrian struck by one truck.-De Carvalho Brunner, N. Y., 119 N. E. 563, 223 N. Y. 284. 84. Police Power. Ordinance requiring abutting landowner to connect his buildings with a public sewer, though he already has a private sewer, is not an unreasonable exercise of the police power, as public health may be maintained by the prevention of nuisances, as well as by their abatement.-Fenton v. Atlantic City, N. J., 103 Atl. 695. 85.--Imputability. Negligence of a city chauffeur cannot be imputed to a policeman, who had no control over nor right of selection of a driver, and who was ordered out with such driver to answer a riot call.-Denver Tramway Co. v. Orbach, Colo., 172 Pac. 1063. 86. Negligence - Invitee. In determining whether child injured by moving of car was invitee on railroad company's property, temptation cannot always be deemed invitation.-Erie R. Co. v. Hilt, U. S. S. C.. 38 S. Ct. 435. cars and picking up coal, etc., did not constitute license, and gave no invitation to six year old boy to go under standing coal coal at point to cross track to reach home.-Papich v. Chicago, M. & St. P. Ry. Co., Iowa, 167, 686. 90. Negligence.-The mere happening of injury to a passenger in an automobile from the lowering of safety gates at a crossing did not raise a presumption of negligence.-Sgier v. Philadelphia & R. Ry. Co., Pa., 103 Atl. 730. 91. Trespassers.-Railroad ordinarily owes no duty to be on the outlook for juvenile trespassers inclined to climb upon moving freight cars, and it is not liable for injuries sustained by them in so doing.-Carson v. Atchison, T. & S. F. Ry. Co., Kan., 172 Pac. 1000. 92. Sales-Divesting Title.-Owner's title to property, consisting of chattels or non-negotiable documents, of which certificates of stock are an example, is not divested by a sale of the property by the agent of a thief, even to a purchaser for value in good faith.-Pratt v. Higginson, Mass., 119 N. E. 661. 93. Street Railroads Contributory Negligence. That driver of hearse, having observed street car 150 feet away and knowing that the motorman was not looking, drove diagonally upon the track when the car was approaching at about six miles an hour, did not charge him as a matter of law with contributory negligence. Beck v. Indianapolis Traction & Terminal Co., Ind., 119 N. E. 528. 94. Pedestrians.-Pedestrian about to cross street car track, being warned back by motorman, and stepping back a short distance, was bound to take notice that car in rounding corner would project beyond rails, and could not recover for injuries when she failed to step back far enough.-Mignault V. Rhode Island Co., R. I., 103 Atl. 716. 95.- -Warning. Generally a motorman, in rounding a curve, may assume a person near the track will draw back, and so need not warn against swing of rear overhang.-Kelly v. Chicago City Ry. Co., Ill., 119 N. E. 622. 96. Telegraphs and Telephones-Mental Suffering. Where failure to deliver telegraph message promptly prevented mother from seeing son's body or arranging burial, invasion of intangible rights as result of willful wrong in failing to deliver message warranted recovery of damages for mental suffering, though issue of punitive damages was not submitted.-Western Union Telegraph Co. v. Teague, Miss., 78 So. 610. 97. Waters and Watercourses-Abandonment. -Ten years' failure to use the allotments of water conditional, under a water adjudication decree, upon the irrigation of certain land, with reasonable diligence, is not an abandonment of the rights under such decree as to person who does not start appropriating such water until persons entitled thereto start irrigating the land.-Schwartz v. King., Colo., 172 Pac. 1054. 98.- -Rate Making.-Where meters were installed by water company in new houses and were not revenue producing, and there was nothing to show that they would be in use within the year, they were properly not considered in arriving at valuation for purpose of rate making for year.-Union Hollywood Water Co. v. City of Los Angeles, Cal., 172 Pac. 983. 99. Wills-Statutory Construction. Revisal 1905, § 1581, making every contingent limitation on death without heirs or issue effective when devisee dies without issue living or born within ten lunar months thereafter, unless contrary intention is expressly declared, is for purpose of making limitations fixing good by definite time when estate becomes absolute, and establishes rule by which estate of first taker is affected with contingency until death.-Bell v. Kessler, N. C., 95 S. E. 881. 100. Work and Labor-Implied Agreement.Where girl taken into family and cared for upon reaching her majority was able to render valuable services, and did so for 30 years, without an express contract the law might imply an agreement to make reasonable compensation therefor.-Plath v. Brunken, Neb., 167 N. W.. 567. in their playing about tracks and coal |