(DAMAGES FOR TORTS.)

maintenance of the government. Id. The ex- Nuisances. To justify a nuisance by legisla pression of an opinion that a certain member of the Legislature is corrupt and might be induced from improper motives to change his course, is not actionable without averment and proof of special damages. Id. The old doctrine of scandalum magnatum has never been adopted in Massachusetts as a special remedy. Id. Saying "That's a lie," of material testimony of a witness on the opposite side, is not actionable when spoken during the trial of an action against a corporation by its manager. (N. C.) 780. The manager of a corporation on a trial has the privilege he would have if he was him self a party, in respect to words spoken by him. ld. A party to an action is protected against all inquiry into his motives in uttering words, during the course of the trial, that are pertinent to the issue. Id. A letter saying that a person "expects to pay a claim out of what he hopes to beat my company in a suit now pending" is irrelevant in an action by him for alleged slanderous words spoken in the course of the trial. Id. A publication charging that the books of another person infringed a copyright is privileged when made by a person claiming exclusive rights under the copyright, unless made with express malice. (N. Y.) 363.

Breach of promise of marriage. The sufficiency of the evidence to support a verdict cannot be considered on an error for refusal to grant a nonsuit or to arrest judgment. (Pa.) 481. Evidence that the settlement of a suit for money loaned, and of a prosecution for fornication committed, included a cause of action for breach of a promise of marriage made on the same day, is admissible in a suit for breach of promise. Id. Communications to a law student, although made while he is employed to advise and assist in a lawsuit, are not privileged. Id.

Trespass on real property. The attempt to seduce and debauch the wife of another man will not sustain an action of trespass for breaking and entering his close, when alleged merely by way of aggravation. (Ind.) 736. A person who enters another's premises under an express license does not become a trespasser ab initio by wrongful acts while upon the premises. Id. A representation by a defendant that he wanted to enter the premises and obtain a shovel is sufficient without averring facts necessary to establish fraud. Id. Everyone must so enjoy his property as not to injure the property of another. (Ind.) 449. The measure of damages for removing the lateral support to land whereby it sinks and falls away is the diminu- | tion of the value of the lot by reason of the act. ld. The natural right of lateral support to land does not extend to buildings placed thereon, if reasonable care has been exercised, and the earth would not have given away except for the added weight of the buildings. Id. It is proper to limit the re-cross-examination of a witness who has been examined and fully cross-examined. Id. An action for trespass upon lands in another State cannot be brought in Massachusetts by trustee process under the Statute, authorizing personal actions including trespass quare clausum to be brought by trustee process. The Statute did not give a new jurisdiction or make local actions transitory. (Mass.) 416.

tive authority, it must be the natural and prob-
able result of the act authorized. If the au-
thorized act does not naturally create a nui-
sance, but such result flows from a particular
manner of doing the act, the legislative license
is no defense. (Minn.) 763. Damages for in-
juries to wells of clear, fresh water, caused by
boring for gas or oil, may be recovered if the
party boring knew or ought to have known of
the existence of the stratum of fresh and the
deeper stratum of salt water, and that the bor-
ing would inevitably mix the two, which at a
reasonable expense could have been avoided.
(Pa.) 280. A lot owner whose only means of
ingress and egress to and from his lot by vebi-
cles is through an intersecting street, may
maintain an action for the special injury re
sulting from a blockade of the entrance to the
latter street by railroad cars. (Colo.) 254.
The amount of deterioration in the rental value
of premises as affected by the nuisance is the
measure of damages for the nuisance. Id. A
mill-dam, which has become a nuisance by the
gradual growth of a city around it, will not be
abated in equity; the fact that it is a nuisance
must be first established at law. (Pa.) 737.
Where a railroad is so constructed as to cause
water to occasionally overflow lands adjacent,
an action will lie to recover damages resulting,
and the Statute of Limitations will begin to run
upon the happening of the injury complained
of. (Ark.) 804. The fact that telegraph and
telephone poles and wires prevented the extin-
guishment of a fire does not make the company
owning them liable for the loss, where the land
owner had built by the side of them, and had
never objected to them in any way before the
fire. (Mich.) 455.

Negligence of bailee. A hotel proprietor incurs a liability for the safe keeping of baggage of a guest the moment the hotel porter indicates the conveyance by which he can reach the hotel and takes charge of his baggage check. (Ga.) 483. Any private arrangement between the proprietor and carrier unknown to the guest is immaterial. Id. The failure of the guest to inform the porter that the baggage contains valuable jewelry and clothing will not prevent his recovery against the proprietor for the loss of the baggage. Id. A sleeping-car company, rendering service similar to an innkeeper, is subject to the same liabilities. (Neb.) 809. The business of a stock-yard corporation corresponds in many respects with the business of warehousemen. (N. J.) 855.

For neglect of towns, etc., to repair highway. Failure of a town to provide railings on barriers at dangerous places on public highways will render it liable for injuries thereby resulting. (Mich.) 695. The duty of townships, villages, etc., to keep highways safe and convenient for public travel is made imperative by statute. Id. It is a question for the jury whether railings or barriers are necessary to make a highway reasonably safe for travelers. Id. Notice to township officers of the neces sity of barriers or railings in a highway is sufficient, where it is shown that they lived in close proximity and some of them frequently passed over it. Id. Whether an injury would have occurred if proper railings or barriers had

(DAMAGES FOR TORTS.)

Id.

been provided at the place, is a question for rately represented the condition of the limbs. the jury. Id. Whether a particular vehicle is unsuitable and not roadworthy is a question Contributory negligence to defeat recovery. for the jury. Id. It is not negligence, as Where a shipper, by consent of a railroad commatter of law, for a person in charge of a ve- pany, undertakes, with the help of his own hicle to place his shoulder to the vehicle to employés alone, to run cars down a grade to prevent overthrowing. The most that can be the place where they are needed for loading, claimed against him is that it is a question for the railroad company is not liable to an action the jury. Id. A general custom and usage for damages on account of injuries resulting. as to placing railings or barriers along the (Tenn.) 727. For a postal clerk to ride in a highway embankment is of no importance in mail car while off duty, in the absence of any determining the liability of a town. Id. rule of the railroad company forbidding him, is not contributory negligence. (Md.) 706. Where the want of care and diligence as imputed to a fireman relates to his failure to keep the engineer awake or take measures for his own safety, the question whether his conduct would or would not be negligence is for the jury. (Ga.) 214.

For negligence causing death. The pendency of a former suit is not a ground for abatement of an action unless both actions are pending in the same jurisdiction. (R. I.) 719. An action may be maintained in one State by the personal representative of one killed by the negligent act of a common carrier in another State to recover damages resulting from such negli- Negligence of third party not imputable to gence. where the cause of action survives by party injured. Where a child suffers personal the statutes of the State where it arose, and a injuries through another's negligence, the consimilar statute exists in the State where the suit tributory negligence or wrongful act of his is brought. ld. A statute providing that parent without volition on his part is not imwhen administration is taken in the State upon putable to him. (Iowa) 545; (Mo.) 537. Nor the estate of a nonresident decedent the estate will the negligence of another child ten years found there is to be applied there primarily to old, his only protector, defeat the action. the payment of domestic creditors, will not (Mo.) 537. The right of recovery in favor of prevent the administrator from bringing suit the estate of a child killed by another's negliwherever he can upon a cause of action for gence is not affected by the fact that the pathe negligent act of a common carrier causing rents, who are entitled to his estate by inherpersonal injury to him. Id. In an action for itance, contributed to the accident. (Iowa) damages for death caused by negligence, plain- 545. Children are required to exercise only tiff may prove the speed at which the train that degree of care which persons of like age, was running, on the questions of due care on capacity and experience might be reasonably the part of the deceased, and of the bearing of expected to naturally or ordinarily use in the other alleged acts and omissions of the com- same situation and like circumstances. (Ala.) pany's servants upon the injury. (Ill.) 418. 418. The negligence of the driver of a private In an action by a father as administrator, de- vehicle cannot be imputed to one who is riding fendant cannot show that plaintiff was wealthy with him merely by invitation. (Pa.) 143. and able to hire others to perform the services. One who might have seen the danger, but negId. A railroad company is subject to the Gen-lected to warn the driver, or ask to get out, is eral Statutes of the State respecting the signals at public highway crossings, notwithstanding other rules are provided by its charter; and positive and direct testimony is not absolutely required to prove the fact that the required signals were not given; it is sufficient if the jury believe that such signals were not given. Id. Damages in such cases may be allowed for the loss of service or earnings during the period of minority. Id.

For personal injuries caused by negligence. Evidence that plaintiff was dependent upon his earnings for the support of himself and wife is admissible as tending to show that he was unable to employ a physician of special skill to rebut a claim that he had not used ordinary care. (Follett, Ch. J., and Potter, J., dissent.) (N. Y.) 765. An attorney may waive the privilege of his client as to information acquired by a physician in attending him, and may call the physician as a witness. Id. The opinion of a physician may be given as to what will be the result of a disease in the natural and ordinary course. Id. A physician may testify as to the length of time that a diseased person will live, although he can only give the probability from the history of other simiÎar cases. Id. A photograph showing how a person's limbs have been contracted is admissible where a physician testified that it was taken in his presence and accu

guilty of negligence and cannot recover for injuries received in a collision with the engine at the railroad crossing. Id.

For injuries through negligence of employés and agents. A machinist employed by a corporation in its factory, to keep machinery, takes the risk of the incompetency or negli gence of other employés or officers or agents of the corporation, rendering it dangerous. (Ga.) 190. A corporation the membership in which is limited to officers and agents of fire insurance companies is a private and not a public corporation, nor is it a public charity; and it is liable in damages for injuries resulting from the negligence of its servants, notwithstanding the saving of life and property is referred to in its charter in general terms. (Mass.) 778. A municipal corporation is not liable for injuries resulting from negligent acts of one employed by it to enforce an ordinance. (Ill.) 270. A master mechanic in a machine shop, having control of the shop, whose duty is to manage a distinct department of the master's business as a foreman, is not the fellow servant of a machinist employed in the shop. (Ind.) 584. An employé, in entering the service, does not assume a risk created by the negligent act of the master's representative. Id.

Master and servant. The measure of risk which a fireman ought to incur is that only which his duty and obligations to the company

(DAMAGES FOR TORTS.)

although he is there against its rules. Id. The conductor of a freight train, although forbidden to carry passengers thereon, may permit a person to ride on such train, even without payment of fare. Id. When a car containing a

impose upon him. (Ga.) 214. Reports to the general manager of the company touching a railway accident and who was to blame, several days after the event, supported by affidavit, are not admissible in evidence. Id. It being in question whether a fireman could, by report-sleeping passenger becomes detached, the failing the facts of his situation to an official, have ure on the part of the trainmen either to warn obtained relief from his peril, evidence is ad- the passenger or to signal a coming train at a missible to show that relief would probably proper distance from the standing car, there have followed in a specified way. Id. An being ample time, will furnish evidence of gross employé, though obligated in writing to "study negligence. Id. One who is on a freight train the rules governing employés, carefully keep with the knowledge and consent of the agents posted and obey orders," is not bound by rules in charge is not there wrongfully. Id. Where of which he is ignorant. Id. Trackmen are a passenger was riding on a car with his elbow not fellow servants with trainmen on the same resting on the window sell, and slightly proroad. (U. S. C. C. Vt.) 75. Trackmen on a jecting out of the window, the question of his hand-car have a right to suppose that an ap- contributory negligence was for the jury. (Or.) proaching train will slow up on warning sent 656. A railroad company owes the duty to a by a flagman, and may remain upon the hand- passenger thrown on its tracks by fault of its car with their boss until it appears that it servant, producing mental incapacity, to prewill be struck by the train. ld. To run vent injury to him from its trains. (Ind.) 241. a train towards a hand-car after warning, The wrong of leaving a passenger with mental without any lookout ahead, is a neglect of duty incapacity on its track exposed to great and of the trainmen, for which the railroad com-known peril is the proximate cause of his pany is liable. Id. Although the conductor death resulting from his being subsequently may employ the surgical aid demanded by the struck by a train. ld. The drunken condiurgency of the occasion, yet when a compe- tion of a passenger will not excuse a carrier tent surgeon has been procured, or his procure- from liability for negligently exposing him to ment confirmed by the conductor, the company danger. Id. Recklessness, reaching in degree will not be liable for further services rendered to an utter disregard of consequences, may supat the latter's request. (Ind.) 320. A brake-ply the place of a specific intent, and be suffiman has a right to assume, in the absence of notice to the contrary, that a tunnel is of equal height throughout. (N. Y.) 246. Judicial notice may be taken of the height of the human body and the measurement of its several parts, on a verdict finding, without any evidence as to plaintiff's height, that while sitting on a car he was struck on the head by an arch four feet seven inches above the top of the car. Id. A master is not bound to warn his servant, a boy twelve years of age, of the danger of injury from a rapidly revolving cog-wheel in plain sight, where he has been employed about the machinery for nearly two months and possess es the intelligence common to boys of his age. (Mass.) 733. If, however, the boy possesses less than average intelligence, which the master ought to have known, evidence may justify a jury in finding the master negligent in failing to give him warning, in an action to recover damages for injuries received in that way. Id. Carriers liable for injuries to passengers. A railroad company must make it safe for passengers to leave its cars and stations. (Ind.) 193. It must light its stations and platforms if passengers are discharged after dark, and must keep them in safe condition when used in common by different companies, and it will be responsible, although the defect which causes the injuries is in fact located upon the portion of the platform belonging to the other company. Id. It is competent, on cross-examination, to ask a medical witness his opinion as to the probable results of an injury, for the purpose of testing his skill. Id. The omission of mere formal statements will not vitiate a special verdict. Id. The petition in an action for damages for personal injuries inflicted through negligence need not allege that authority to carry passengers was given to the conductor in charge of the train. (Mo.) 409. If one is riding on a freight train, the company owes him a duty,

cient to establish willfulness. Id. In an action to recover damages for death of a person wandering in a dazed condition along a railroad track, evidence of negligence on the part of defendant's servants, which may have caused decedent to be upon the track in such condition, is admissible. Id. It is the duty of those in charge of a grip cable-car to be on the lookout and take all reasonable measures to avoid injuries to persons who may be upon the street; this duty is not discharged as a matter of law by ringing the bell and seeing that the track before the car is clear, without looking to the right or the left. (Mo.) 536. Objection to want of evidence is not considered on appeal when the point was admitted in the answer and not questioned on the trial. Id.

Carrier's negligence the proximate cause of the injury. A carrier's negligent act, from which an injury results, will be deemed its proximate cause, unless the consequences were unnatural and unusual, although the precise accident which occurred might not have been anticipated. (Ind.) 193. One negligent person cannot escape liability for his negligence because of the negligence of a third person. Id. One injured by another's negligence, who did all that the most prudent person could well have done under the circumstances, will be absolved from the charge of contributory negligence. Id.

Carriers; for loss or injury to property. It is the statutory duty of an express company to receive a package of money "whenever tendered" except at times for repose, or for taking meals according to the usages of the place; therefore a rule of the company prohibiting the receipt of money packages except on the same day of, and prior to, the arrival and departure of trains, is void. (N. C.) 271. One engaged in transporting baggage is liable for the value of articles contained in a valise deliv

(CRIMINAL LAW AND PRACTICE.)

ered to his agent for transportation and lost tion of known danger, and not to look after or solely through such agent's negligence, where care for his stock, the railroad company is not the owner of the valise was ignorant of posted liable in damages for his injuries. (Kan.) 646. notices to the contrary. (Ind.) 619. A cata- Railroads; for injury to stock. In an action logue prepared by a traveling salesman, his for damages for injury to a horse, expenses inown individual property and carried as an article curred in good faith in attempting a cure may convenient and necessary in his business while be recovered in addition to the actual value of traveling, is personal baggage for which he the animal at the time the injury occurred, almay recover when lost by a baggage transfer though defendant was not consulted in relation carrier. Id. Where the shipper accompanying to the matter of the attempted cure. (Mich.) his stock voluntarily placed himself in a posi-454.

VIII. CRIMINAL LAW AND PRACTICE.

(CRIMINAL LAW AND PRACTICE.)

place of confinement and execution of persons | Evils Resulting from the Traffic in Intoxicating sentenced to be hanged is not invalid as an ex Liquors by Local Option in any Township in post facto law in respect to crimes already com- the State" is not in conflict with the Constitumitted. (Colo.) 472. A law shortening the tion, and is a valid law. (Ohio) 749. The time between sentence and execution of a per- term "beer," in the absence of all evidence as son condemned to death is ex post facto and void | to its quality and effect, does not import an inas to previous offenses. Id. A "week of time," toxicating beverage. (N. Y.) 669. Although not less than two weeks from the day of sen- exclusive jurisdiction is given to the court of tence, appointed, within which a condemned special sessions over prosecutions for violations person shall be executed, means a period begin- of the Excise Law, yet if during the preliminary ning and ending Saturday night at midnight. Id. examination the case is withdrawn from the Conditional pardon. A pardon on condition magistrate with his consent, it may be subthat the prisoner "leave the State within forty- sequently presented to the grand jury and tried eight hours, never to return," may be lawfully in the court of sessions. (N. Y.) 128. Where granted by a governor who has authority to a number of persons purchase and store liquor grant pardon on terms. (S. C.) 743. On for- and appoint an agent to manage it, and he, feiture of a pardon by breach of the conditions, without a license, deals it out to customers, the a convict becomes liable to serve that part which transaction is a sale and subjects the agent to he has not already served of his sentence. Id. prosecution for violation of the Excise Law Prosecution under Excise Law. An Act en- although he acts as steward for a social club titled "An Act to Further Provide against the which owns the liquor. Id. 6 L. R. A.