LABOR UNIONS-Continued.

portation not contempt. Iron Moulders
Union v. Greenwald.

678

Appeal and not mandamus lies to
review attempt by commissioners to
diminish attorney's allowance in mur-
der cases. Long v. Miami Co. (Comrs.).

513

Mandamus does not lie where there
is a legal remedy. State v. Mt. Vernon.
751

Petition to compel city to show cause
why bonds should not be issued and
money paid on contracts, sufficient if
it alleges jurisdictional facts.
Ib.
MASTER AND SERVANT-

To relieve master from liability for
personal injury to servant, not neces-
sary to show that servant appreciated
danger. Speller v. Brewing Co. 281

Servant will ordinarily be held to
have elected to assume risk from de-
fective machine if she continues
to
operate it without notice to master or
promise of repair. Goddard v. Mc-
Grew.
407

Master is not bound to furnish guard
for machine adequate to protect serv-
ant against defect discovered by him
but not reported.
Ib.

Question of fellow servants one of
faet for the jury. Muench v. Traction
Co.
463
Representative capacity of servant
not determined by court.
Ib.

No cause of action arises in favor of
a telephone lineman who goes upon the
poles of an electric light company with
its acquiescence, but as a mere licensee,
to repair wires belonging to his em-
ployer, and who receives personal in-
juries as a result of the defective in-
sulation of the wires of such light com-
pany. Borck v. Gas & Elec. Co. 507
Master not bound to apply extraor-
dinary tests in selecting appliances.
Speller v. Brewing Co.

520

Workman whose duty it is to inspect
appliance cannot recover for injury
caused by latent defect.
Ib.
Injury from latent defect is an as-
sumed risk.
Ib.

49

Testimony as to general inadequacy
of appliance is incompetent where acci-
dent resulted from defect.
Ib.

Testimony as to freight train stand-
ards, etc., is incompetent when action
concerns work car on private gravity
line.
Ib.
Servants' failure to obey master's
regulations concerning dangerous em-
ployment, contributory negligence. Mc-
Coy v. Railway.
768

Proof that injury was possibly caused
by employer's negligence not sufficient.
Ib.

Servant held not to assume risk of
employment where reasonable opportu-
nity not offered to learn thereof. En-
dress v. Marshall.
790

Proof of failure to furnish reasonably
safe appliances enough to justify find-
ing of negligence.
Ib.
Jury to determine whether inspection
by master was sufficient to release him
from liability for defects.
Ib.

Ib.

Nemo tenetur scripsum accusare.
Lowe, Ex parte.

257
He who comes into equity must come
with clean hands. Hawkins v. Pipe
Line Co.
333

Haeret in litera, haeret in cortice.
Reid v. Muhlenberg Tp. (Bd. of Ed.).
417

"Expressio unius est exclusio alte-
rius' must be applied with much cau-
tion to statutes. Cincinnati v. Rail-
way.
628
Qui facit per alium, facit per se.
Scott v. Hamilton (City).
668
MAYOR-

A mayor has final jurisdiction to try
a prosecution under Rev. Stat. 4364-20
(Lan. 7259), for a violation of the Sun-
day closing law, this being a misde-
meanor not necessarily triable before
a jury. Schlagel v. State.

MISDEMEANORS-

295

Cause for discharge from workhouse
must arise or be discovered after com-
mitment. Jiha v. Barry.

33

Directors of charities may not dis-
charge prisoner from workhouse in ab-
sence of regulations.
Ib.

If the law authorizes the director of
charities and correction to discharge
from custody any person committed to
the workhouse "with the approval of
the mayor," giving such approval after
the discharge would not invalidate the
discharge if it were otherwise regular.

Ib.

A provision in a statute giving power
to the director of charities and correc-
tion to d scharge a prisoner commit-
ted to the workhouse and the approval
of the mayor and providing that the
mayor shall annually report such dis-
charges to the city council must mean
to confine such discharges to prison-
ers sentenced from the municipal
courts.
Ib.

Plaintiff is guilty of contributory neg-
ligence in failing to take care commen-
surate with the danger caused by a re-
cent rain and slippery condition of a
street. Schneider v. Cincinnati. 206

Municipal corporation not charged
with notice of dangerous condition of
street caused by, and immediately after
hard rain.
Ib.

Municipality not liable for errors of
judgment on the part of its agents. Ib.
Municipality is proper party to bring
action against lessee of street railway
for breach of original contract. Cin-
cinnat! v. Railway.
220

Municipal corporations cannot repu-
diate ultra vires contract before valida-
tion by curative act except by legal
proceedings. Columbus v. Heating &
Light Co.

311
Curative provisions of Rev. Stat. 1692
(Lan. 3102; B. 1536-100), not invalid be-
cause of possible extension of certain
franchise beyond statutory limit. Ib.

The legislature has authority under
favor of Sec. 28, Art. 2 of the constitu-
tion, to enact curative statutes legal-
izing contracts made ultra vires by mu-
nicipal corporations if the subject-mat-
ter thereof is such that the legisla-
ture would have had authority to leg-
islate with reference thereto.

Ib.

MUNICIPAL CORPORATIONS-Con.

No authority is conferred by Rev.
Stat. 2480 nor 2486 (Lan. 3741, 3748), by
which a municipality may engage in
the business of selling natural gas. Ib.

Gas company cannot attack ordinance
fixing lower price for new company on
ground of lack of uniform operation. Ib.
Presumption that ordinance fixing
price of gas, valid.
Ib.

Ordinance fixing price for new gas
company lower than of original com-
pany does not impair obligation of con-
tract.

Ib.

A municipal corporation will be liable
for a malicious assault committed by
the care-taker or custodian of a public
park if he be acting within the scope
of his employment.
Ib.
Municipality is not liable for agent's
torts as to governmental matters-
contra, as to corporate functions. Ib.

Ordinances as to electric wires are for
public benefit, and not for individuals
in another status. Borck v. Gas & Elec.
Co.
507

Counsel may not permit the exclusive
use of a street nor has it power to per-
mit obstruction of streets or public
ground. Cincinnati v. Railway. 628
The curative provisions of the eight-
eenth paragraph of Rev. Stat. 1692
(Lan. 3102; B. 1536-100), validating or-
dinances theretofore enacted granting
franchises to lay pipes for the purpose
of a heating system, are general in
form, and will, in the absence of proof
that they apply to one city only, be
presumed to have a uniform operation
throughout the state.

Ib.

Revised Statutes 4483 (Lan. 7667) only
authorizes the county commissioners to
locate and construct a ditch upon peti-
tion of a mayor acting under resolu-
tion of the council of a municipal cor-
poration but does not extend to the
deepening, widening or straightening
of one already established. Cooper v.
Van Wert Co. (Comrs.).
638

Council may delegate to board of pub-
lic service power to select paving ma-
terial. Scott v. Hamilton (City). 660
Board of public service may select
paving material without consulting
property owners.

Ib.

Municipal bonds are "offered" for
sale if due notice has been given al-
though bids are withdrawn.
Ib.

Estoppel does not lie against a city
counsel where work has been completed
under a contract and has not been paid
for. State v. Mt. Vernon.
751

Counsel must approve work under
paving contract, cannot delegate this
authority, construction of contract. Ib.

Clerk's certificate under Rev. Stat.
2702 (Lan. 3999; B. 1536-205), unnec-
essary if cost assessed against abutting
property.
Ib.

Act of April 10, 1900 (94 O. L. 119),
applying to certain cities only, uncon-
stitutional.
Ib.

Petition to compel city to show cause
why bonds should not be issued and
money paid on contract, sufficient if it
alleges jurisdictional facts.
Ib.

Board of public service has no power
to grant use of street to steam rail-
road. Louisville & N. Ry. v. Railway.
777

Street pedestrian does not assume
burden of proving exercise of due care
where defense is general and petition
does not impute negligence. Armleder
v. Cincinnati.
180

The defense of contributory negli-
gence is an affirmative defense which
must be specially pleaded and proved
by the defendant; it cannot be proved
under a general denial.
Ib.

Plaintiff is guilty of contributory neg-
ligence in failing to take care commen-
surate with the danger caused by a
recent rain and slippery condition of
a street. Schneider v. Cincinnati. 206
Municipal corporation not charged
with notice of dangerous condition of

An action for damages cannot be
predicated upon the omission of a duty
unless such omission results in in-
jury to one for whose protection the
Ib.
duty is imposed.
Question of fellow servants one of
fact for the jury. Muench v. Traction
Co.
463

General averment in answer of con-
tributory negligence is subject to mo-
tion to make definite and certain. Du-
rach v. Traction Co.
471
Questions of ordinary care in pay-
ment of savings account and of con-
tributory negligence in failure to notify
52 Dec. Vol. 16.

bank of loss of book are for jury. An-
derson v. Savings & Banking Co. 490
Placing bank book in trunk and leav-
ing it for nine months is not contrib-
utory negligence as matter of law. Ib.

No cause of action arises in favor of
a telephone lineman who goes upon the
poles of an electric light company with
its acquiescence, but as a mere licensee,
to repair wires belonging to his em-
ployer, and who receives personal in-
juries as a result of the defective in-
sulation of the wires of such light com-
pany.
507
Borck v. Gas & Elec. Co.
Master not bound to apply extraor-
dinary tests in selecting appliances.
Speller v. Brewing Co.

520

Injury from latent defect is an as-
sumed risk.
Ib.
Workman whose duty it is to inspect
appliance cannot recover for injury
caused by patent defect.
Ib.

Charge that defendant in negligence
suit was bound to degree of care a
"prudent" man would exercise not er-
roneous. Cincinnati Trac. Co. v. Bar-
ron.
537

Evidence of intoxication of motor-
man of street cars previous to acci-
dent is competent.
Ib.

In an action against a street railway
for negligence a charge as to highest
degree of care is to be construed as a
whole.
Ib.
Definite pecuniary loss need not be
shown in personal injury suit.
Ib.
In an action for damages against two
defendants, for personal injuries re-
sulting from their negligence, the dis-
missal of the action against one at the
close of plaintiff's testimony cannot be
assigned as error by the other. Ib.

Special verdict for plaintiff in per-
sonal injury case need not find him
without fault, if immaturity is pleaded,
set
and contributory negligence not
up.
558
Ginn v. Myrick.
Verdict of jury in negligence case
set aside when based upon conjecture
that defendant was negligent. Hamil-
ton v. Railway.
617
Street railway company is liable for
falling of broken trolley pole on
about to step on car. Cincinnati v.
Holzenkamp.
673

one

NEGLIGENCE-Continued.

If an officer, seemingly clothed with
power to discharge a prisoner, yet ac-
tually without such power, permit a
prisoner to go at large before the com-
pletion of his sentence, such release is
an escape and the prisoner may be re-
taken without a new warrant. Jiha v.
Barry.
33

County officer may receive compen-
sation provided by statute taking place
of act providing salaries which was
held unconstitutional. State v. Car-
lisle.
263

Compensation of county commission-
ers provided by Rev. Stat. 897 (Lan.
2166), not a salary within constitutional
inhibition.

Ib.

Secretary of board of waterworks
trustees not on office duties cease
when position of trustee ceases to ex-
ist. Hutchison v. Lima.
309

ORDINANCES-

The curative provisions of the eigh-
teenth paragraph of Rev. Stat. 1692
(Lan. 3102; B. 1536-100), validating or-
dinances theretofore enacted granting
franchises to lay pipes for the purpose
of a heating system, are general in
form, and will, in the absence of proof
that they apply to one city only, be
presumed to have a uniform opera-
tion throughout the state. Columbus
v. Heating & Light. Co.
311

Curative provisions of Rev. Stat. 1692
(Lan. 3102; B. 1536-100) not invalid be-
cause of possible extension of certain
franchise beyond statutory limit. Ib.

Invalid supplemental ordinance will
not affect prior complete one. Colum-
bus v. Jeffrey.
330

Ordinance licensing vehicles and ex-
empting those of certain nonresident is
invalid.
Ib.