knowledge will be left to the consideration of the jury. Hayes v. State, Ga., 79 S. E. 761.

36. Damages-Suffering of Deceased.-Where an employe was mashed between the car on which he was riding and a post, receiving such injuries that he died in less than an hour, suffering great pain, a verdict of $1,250 for his suffering from the time of the injury until his death was not excessive.-West Kentucky Coal Co. v. Butler's Adm'r, Ky., 159 S. W. 958.

37. Death-Pecuniary Loss.-The recovery under Federal Employers' Liability Act for the wrongful death of a servant is limited to compensation for pecuniary loss. Bennett Southern Ry.-Carolina Division, S. C., 79 S. E. 710.

38. Descent

V.

and Distribution-Dower.Where a husband held land in trust for his wife, he became entitled upon her death to a one-third interest therein, and upon his death his second wife became entitled to a one-third interest in his interest, and the first wife's heirs therefore had only an eight-ninths undivided interest in the land.-In re Mahin's Estate, Iowa, 143 N. W. 420.

39. Electricity-Assumption of Risk.-Where the wires of an electric light company come into contact with those of a telephone company as the result of a storm, and а well-informed trouble man of the telephone company is instructed to locate the trouble and report thereon but not to attempt to clear the wires, neither company is liable for injuries resulting from his taking hold of a wire.-Borell v. Cumberland Telegraph & Telephone Co., La., 63 So. 247.

40. Eminent Domain-Public Use.-Private

property can be condemned only for public use, and the Legislature cannot otherwise provide, though it also make provision for ascertaining the damages and for the payment of just compensation.-Philadelphia Clay Co. v. York Clay Co., Pa., 88 Atl. 487.

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41. View of Property-Where the verdict in a condemnation proceeding was not so cessive as to show passion or prejudice, there was a wide difference of opinion between the estimates of the witnesses as to the damage, and the jury saw the property for themselves and doubtless formed opinions independent of the testimony, the verdict would not be disturbed on appeal.-Louisville & N. R. Co. V. White Villa Club, Ky., 159 S. W. 983.

42. Equity-Laches.-For a remedy to be barred by laches, there must be a lapse of time, and circumstances from which some person may be prejudiced, or from which it may be reasonably supposed that such prejudice will result if the remedy be allowed.-Gronna v. Goldammer, N. D., 143 N. W. 394.

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43.- -Tort.-A court of equity will not take cognizance of fraud, working injury as mere tort.-Swarthmore Lumber Co. v. Parks, W. Va., 79 S. E. 723.

44. Executors and Administrators-Statute of Limitations.-An administrator's private claim for money paid for the benefit of the estate was not barred by limitations because it was not presented for allowance until the statutory limit for suits against administrators had passed.-Appeal of Nealley, Me., 88 Atl. 480. 45. Factors-Special Property.-A "factor" may buy and sell in his own name as well as

in the name of his principal, and has possession and control of the goods and a special property therein.-Sutton & Cummins v. Kiel Cheese & Butter Co., Ky., 159 S. W. 950.

46. Fraud-Corporation Prospectus.-A prospectus of a corporation which gives information as to the property, machinery, and appliances of the corporation and its financial condition, contains representations of fact, and, if false and inducing one to purchase stock, the corporation is liable for the damages sustained. -Foix v. Moeller, Tex., 159 S. W. 1048.

47. Misrepresentations.-Where a defendant who exchanged a note for plaintiff's land represented that the maker of the note held certain property free from incumbrance, and that the property of the corporation whose stock was pledged to secure the note was unincumbered, the falsity of such representations will support an action for fraud.-Ganow v. Ashton, S. D., 143 N. W. 383.

48. Frauds, Statute of-Performance.--Oral agreement to take and raise the son of another and leave him all of the party's real and personal property at his death held sufficiently performed to remove it from the statute of frauds, where the child had treated such party as his father and performed services around his home without wages or money consideration-Bridgewater v. Hooks, Tex., 159 S. W. 1004.

49. Gifts-Inter Vivos.-To constitute a gift inter vivos there must be an intention to make a present gift, accompanied by actual or constructive delivery, divesting the donor of al dominion over the subject-matter of the gift. and investing the same in the donee.-Sullivan v. Hess, Pa., 88 Atl. 544.

50. Homestead-Liability.-An oral agreement with a husband and wife to transfer certain real estate to plaintiff in consideration of plaintiff caring for them during the rest of their lives, which plaintiff did, possessing the property jointly with them during their lives may be enforced as against the homestead.Hurst v. Jenkins, Iowa, 143 N. W. 401.

51.- -Liens.-Where a deed given in exchange for a vendor's lien ncte, for the purpose of evading the homestead laws, was never recorded, and the grantor and his wife remained in possession of the property, there could be no estoppel which would authorize the foreclosure of the lien at the suit of the holder of the note. -Henderson v. Wilkinson, Tex., 159 S. W. 1045. 52. Husband and Wife Abandonment.Where the husband has abandoned the wife. leaving her no means of support, she may make a valid conveyance of community property without his consent for the purpose of supplying herself and family with necessaries.-Hanks v. Leslie, Tex., 159 S. W. 1056.

53. Injunction Dissolution. A preliminary injunction will not be dissolved, if the affidavits or answer do not deny the material allegations of the bill, lack of frankness, are evasive, or are not full and satisfactory.-Ambursen Hydraulic Const. Co. v. Eastern Cement Gun Co., Del., 88 Atl. 559.

54. Mandatory.-Where and by accident, through no intention to appropriate plaintiff's land, the side wall of defendant's building, at a distance above the ground, overhangs two inches plaintiff's land, and the damage is slight and much less than would be the cost of removal. mandatory injunction for the removal of the overhang will not be granted-Coombs v. Lenox Realty Co., Me., 88 Atl. 477.

55. Insurance Completed Contract. Where a written application for insurance of live stock provides that no liability shall attach until the applicaton has been approved by the home office. the insurance company is not liable for loss of the stock before such approval, though the application has been delivered to the agent of the insurer.-Johnston v. Indiana & Ohio Live Stock Ins. Co., Neb., 143 N. W. 459.

56.- -Construction.-Where a fire policy was issued to indemnify a railroad company on all liability as a common carrier of cotton in bales in transit in cars, or in or on depots, or platforms, on line of assured's road, the policy cov

ered cotton which was placed on the ground, but was intended to be immediately shipped.Bennettsville & C. R. Co. v. Glens Falls Ins. Co., S. C., 79 S. E. 717.

57. Contract.-Where plaintiff contracted to take out a life policy for a quarterly premium of $38.53, which was less than the regular premium, he could refuse to make a new contract to pay the increased rate, whether the contract as originally made was legal or illegal. -Robinson v. Security Life & Annuity Co., N. 'C., 79 S. E. 681.

58.Fraternal.-One whose name is stricken from the membership roll of a fraternal life insurance company, on discovery that he was over the age limit when admitted, cannot recover dues and assessments paid, as for failure of consideration, the payments being for the social features, as well as for compensation for individual losses, and he having had the enjoyment of the social benefits.-Currier v. Catholic Order of Foresters. Vt., 88 Atl. 525.

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59. Indemnitor.-Where an insurer bound to defend an action for injuries to a servant, but refused to do so, the assured was not limited to a recovery of the costs and attorney's fees paid in defending the action, in the superior court, but was also entitled to recover the costs and attorney's fees expended on an unsuccessful appeal to the Supreme Court.— John B. Stevens & Co. v. Frankfort Marine Accident & Plate Glass Ins. Co., C. C. A., 207 Fed. 757.

60.-Waiver.-Mere knowledge of the insurer's agent that the property is vacant, and has been so for a longer period than that permitted by the policy, is not a waiver of that provision of the policy, though no attempt is made to cancel it on that account.-Home Fire Ins. Co. v. Wilson, Ark., 159 S. W. 1113.

61.- -Warranties.-At common law, false answers to questions in an application for life insurance vitiated the contract, without reference to the question of good faith or materiality; the answers being treated as literal warranties-Gránd Fraternity v. Keatley, Del., 88 Atl.

353.

62. Intoxicating Liquors Evidence.-Where accused denied making a sale of beer in violation of the local option law, the admission of evidence of another sale by him to prosecutor and of the fact that the officer arresting accused found whisky and beer and empty beer bottles was not erroneous.-Mitchell v. State. Tex., 159 S. W. 1073.

63. Unlawful Sale.-Where the possessor of intoxicating liquors allowed another to take a quantity in consideration of his promise to subsequently return with the same quantity of liquor, there was a sale within the local option acts.-Veach v. State, Tex.. 159 S. W. 1069.

64. Judgment-Lien.-The lien of a judgment continues so long as the right to have execution issue or to bring an action of scire facias on it is not barred.-Lamon v. Gold, W. Va., 79 S. E. 728.

65 -Presumption of Payment.-Though there is no statute of limitations respecting debts due on judgments. a presumption of payment arises after 20 years in the absence of demand by plaintiff or acknowledgement by defendant.-Parsons v. Cannon's Ex'r, Del., 88 Atl. 470.

66.

Judicial Sales-Confirmation.-A judicial sale is not complete until confirmation, and may be set aside before confirmation for irregularities or misconduct or unfairness.-Wells v. Lenox, Ark., 159 S. W. 1099.

67. Larceny-Treasure Trove. A finder of lost articles, who neither knows nor has any means of ascertaining the owner, and who appropriates the same to his own use, is not guilty of larceny, but one who knows or has immediate means of ascertaining the owner is guilty of larceny where he appropriates the articles to his own use with intent to steal at the time.Penny v. State, Ark., 159 S. W. 1127. 68. Libel and Slender-Privilege. householder, who is led by appearances to suspect that an adjoining house is not what it should be, honestly calls the attention of public officers to the matter, privately and anonymously, and requests an investigation, he does not thereby render himself liable for damages.— Hyatt v. Lindner, La., 63 So. 241.

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69. -What Constitutes.-A physician who related an experience with a young woman occurring in his practice, not using plaintiff's name or indicating who the young woman was, did not slander plaintiff, though people by reason of outside rumors thought she was the woman.-Newton v. Grubbs, Ky., 159 S. W. 994.

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70. Limitation of Actions Stipulation.Where a statute gives a right of action, and also provides that suit shall be commenced within a specified time, the right to recover depends on the action being commenced within the time limited, and, if it is not, both the right and the remedy are extinguished.-Osborne v. Grand Trunk Ry. Co., Vt., 88 Atl. 512.

71. Logs and Logging-Misrepresentation.Where a contract for the sale of timber land was made on defendants' false representation that the land at the time of contract was in the same condition as when complainant inspected it 30 days before, when in fact during such period defendants had cut, and at the time of the contract were cutting, nearly all of the merchantable timber, complainant was entitled to rescind the contract and to a return of the consideration.-Barnes V. Ewell, Ky., 159 S. W.

953.

72. Malicious Prosecution-Probable Cause."Probable cause" is a reasonable ground of suspicion, supported by circumstances sufficiently strong to warrant a cautious man in the belief that the person accused is guilty of the offense charged. Lammers v. Mason, Minn., 143 N. W. 359.

73.

Master and Servant-Federal Employers' Liability Act.-The Federal Employers' Liability Act being general in its terms, the rules of evidence as to the quantity of proof necessary to make out a prima facie case of negligence is that which prevails in the state where the action is brought.-Bennett v. Southern Ry. Carolina Division, S. C., 79 S. E. 710.

74. Fellow Servant.-A clerk whose duty it was to check freight and direct its placement in the warehouse and to direct the manner in which the trucks should be unloaded, but who had no power to employ or discharge workmen, was a fellow servant of a freight handler injured while unloading a truck.-St. Louis & S. F. R. Co. v. Cox, Tex., 159 S. W. 1042.

75.--Proximate Cause. Where a railroad company negligently left a quantity of boxes near its track and they toppled over and broke the steps of a passing baggage car, resulting in injury to the baggageman, defendant was not relieved from liability because an unexpected and unusual storm contributed to the accident. -Ferebee v. Norfolk Southern R. Co., N. C., 79 S. E. 685.

76. Respondeat Superior.--Where an employer engaged an incompetent physician, who negligently to permitted chloroform be administered to plaintiff's decedent by a layman, causing his death, the employer was liable, though the operating physician was paid from a fund provided by employes, administered by the employer, but from which it derived no profit.-Nations v. Ludington, Wells & Van Schaick Lumber Co., La., 63 So. 257.

77. Mechanics' Liens Aerial Tramway.-An aerial tramway for the transportation of ore over a river to a point in Texas where it might be hauled to smelters is an improvement within the purview of Rev. Civ. St. 1911, art. 5621, giving laborers and materialmen liens upon any house or improvement.-A. Leschen & Song Rope Co. v. Moser, Tex., 159 S. W. 1018.

78. Mines and Minerals-Separation of Title. -The minerals beneath the surface of land may be conveyed in fee separate from the surface of the land.--Outlaw v. Gray, N. C., 79 S. E. 676.

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79. Municipal Corporations-Police Power.— Segregation of the white and colored races preserve peace, prevent conflicts. etc., held to be an object properly admitting of the exercise of the police power granted to the city of Baltimore by its charter.-State v. Gurry, Md., 88 Atl. 546.

80. Negligence-Anticipating Danger. Where neither by reason of the duty nor the place to which a person is assigned, is there any danger except such as may arise from a particular act of his own against which his knowledge and instructions warn him, his commission of the act

is the sole proximate cause of his injury.-Borell v. Cumberland Telegraph & Telephone Co., La., 63 So. 247.

81. Imputable.-The negligence of the driv er of a carriage in which plaintiff's testator was riding at the time of a railroad crossing collision could not be imputed to the testator. -Sykes v. Maine Cent. R. Co., Me., 88 Atl. 478.

82. Nuisance-Baseball-An ordinary game of baseball is not a nuisance per se, and the conducting of baseball games will not be enjoined because of the shouts and noises incident to the game, although an injunction may be granted where the game is conducted in an indecent and disorderly manner.-Royse Independent School Dist. v. Reinhardt, Tex., 159 S. W. 1010.

83.- -Measure of Damages. Where damage to land by the maintenance of a nuisance is original in that the injury is contemporaneous with the wrongful act, the measure of damage is the difference between the reasonable market value of the property immediately before the condition resulting in injury was created and immediately thereafter, and, if the injury is not contemporaneous with the condition, the measure is the difference between the value immediately before and immediately after the injury. City of Ottumwa v. Nicholson, Iowa, 143 N. W. 439.

84. Partnership Evidence. A partnership may be proved by evidence that each of the partners admitted its existence.-Swygert Bros. v. Bank of Haralson, Ga., 79 S. E. 759.

85. Payment Application of.-A person, indebted upon a mortgage and an open account, may direct that a payment be applied to the mortgage, rather than to the account.-BentonShingler Co. v. Mills, Ga., 79 S. E. 755.

86. Pledges-Tender.-A pledgor cannot recover his pledge of his pledgee's assignee without paying or tendering the amount of the debt secured, unless the facts tender.

excuse

Payne v. Power, Ga., 79 S. E. 771.

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87. Principal and Agent-Liability of Agent. -An agent acting for his principal is personally, liable for conversion, where he is a party to the wrongful purpose and participates in the wrongful act-Schall Northland Motor Car

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Pay

Co., Minn., 143 N. W. 357. 88. Principal and Surety-Voluntary ment. A co-surety's payment on a bond after the claim against him has been barred by limitations is voluntary and does not entitle him to contribution.-Gronna v. Goldammer, N. D., 143 N. W. 394.

89. Riparian Owner-Diversion.-A riparian owner may maintain an action of trespass for damages for injuries resulting from the diversion of the waters of a stream by a water company without condemnation.-Wagner v. Purity Water Co., Pa., 88 Atl. 484.

90. Sales-Estoppel-A buyer of oranges did not lose its rights to refuse to accept the remainder of those purchased because of the inferior quality of those first delivered by paying for those first delivered, where it did this only after complaining of their quality and receiving deduction from the price.-Newton V. Bayless Fruit Co., Ky., 159 S. W. 968.

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whole is adverse, and amounts to an ouster.Brasher v. Taylor, Ark., 159 S. W. 1120.

94. Time-immediately.-Where a notice of an act is required to be given "immediately." the word implies reasonable notice in view of all the circumstances of the case. John B. Stevens & Co. v. Frankfort Marine, Accident & Plate Glass Ins. Co., C. C. A., 207 Fed. 757.

95. Trusts-Resulting Trust.-The foundation of a resulting trust is the payment of the consideration or purchase price; a trust in the property purchased arising by operation of law in favor of him who pays the price to the extent of the payment.-In re Mahin's Estate, Iowa, 143 N. W. 420.

96.

-Trust Ex Maleficio.-A mere promise to buy in land for the owner at a judicial sale and hold it for him, and a breach of the promise, does not constitute a "trust ex maleficio," as the element of fraud is lacking.-La Cotts v. La Cotts, Ark., 159 S. W. 1111.

97. Vendor and Purchaser-Equitable Ownership. On the execution and delivery of a bond for a deed to land already purchased, the purchaser becomes the equitable owner with all the rights of ownership except the legal title, which remains in the vendor as security, leaving the relation that of creditor and debtor.Phillis v. Gross, S. D., 143 N. W. 373.

98. Parol Agreement.-A parol agreement to nurse and care for a couple during the rest of their lives is a sufficient consideration for their agreement to transfer the title to certain real estate. Hurst v. Jenkins, Iowa, 143 N. W. 401.

99.-Waiver.-A letter from a vendor of a lot to the purchaser, after default by the purchaser of a month's installment, stating "pay when you can and it will be all right," held an unconditional waiver by the vendor of his right of forfeiture under the contract.-Gray v. Gurley, Mo., 159 S. W. 1076.

100. Waters and Water Courses-Appropriation.-Party holding land subsequently granted to railroad company under agreement by it to sell when it acquired title held entitled to appropriate water for irrigation purposes.-Sander v. Bull, Wash., 135 Pac. 489.

101. Riparian Rights.-Where there is a constant flow of water from springs, it is not essential that the stream have a well-defined channel in order to confer riparian rights.— Bump v. Sellers, Ind., 102 N. E. 857.

102. rule Wills-Construction.--The that a legacy of stock is presumed to be general rather than specific must give wav to the intent of the testator, if his entire will shows that he intended to make specific gifts of the stock which he owned. In re Ferreck's Estate, Pa., 88 Atl 505.

103. -Contract of Devise.-A contract upon a valuable consideration that one of the parties will, at his death, leave property to the other is valid and enforceable.-Bridgewater v. Hooks, Tex., 159 S. W. 1004.

104.-Discrepancy.-Where there is a real discrepancy between a will and a codicil, the codicil. or, if there be more than one, the last. Thomas' Estate, Pa., 88 must prevail.-In Atl. 499.

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105. -Evidence.-Parol evidence of testator's expressed intention is inadmissible to vary the terms of an unambiguous will.-Hanvy v. Moore. Ga.. 79 S. E. 772.

106. Testamentary Capacity. That a will was such as might have naturally been expected from a testatrix so situated, and was consistent with her affections and previous declarations, was strong evidence of testamentary capacity. In re Hayes' Estate, Colo., 135 Pac. 449.

107. Undue Influence.-Circumstantial Evidence is sufficient to justify setting aside a will for undue influence only when all the circumstances produce in the ordinary mind a reasonable belief that undue influence has been exerted in procuring the will.-Mayes v. Mayes, Tex., 159 S. W. 919.

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Bill Boards, Esthetics and Private Property 1
Two Lessons in Clearance Loans..
Public Use in Exercise of Right of Eminent
Domain as Distinguished
Utility or Advantage...

Was he Guilty?

J. S. was a clerk who attended his employer on a race track to record in a book his employer's bets on the races. Was he guilty of "occupying a place on the ground for the purpose of recording bets," under a penal statute making that a punishable offense?

See "Occupant-Agent or employee," in Words and Phrases, for the answer

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