The Southwestern Reporter

§ 281. Evidence held to show that an em-
ployé injured in a coal mine was not guilty of
contributory negligence.-Southern Anthracite
Coal Co. v. Bowen (Ark.) 1048.

§ 281. In an action for death of a switchman
by the overriding of one car by another, caused
by dissimilarity in size, and a defective coupler,
evidence held to show that plaintiff was not neg:
ligent.-Kansas City Southern Ry. Co. v. Frost
(Ark.) 748.

§ 281. In an action against a railroad com-
pany for injuries to an employé, evidence held
to conclusively establish contributory negli-
gence. St. Louis Southwestern Ry. Co. of Tex-
as v. Anderson (Tex. Civ. App.) 1002.

§ 284. In an action for injuries to an em-
ployé while engaged in the construction of a
building, evidence held sufficient to take the case
to the jury.-Kirn v. E. E. Souther Iron Co.
(Mo. App.) 45.

$284. Evidence, in an action by an employé
for malpractice by a physician called to treat his
injuries received in his employment, held not
to entitle defendant to a directed verdict on the
ground that it failed to show that defendant
contracted for plaintiff's medical treatment.-

Texas & Pacific Coal Co. v. McWain (Tex. Civ.

App.) 202.

§ 284. In an action for death of a brick
burner from the falling of a portion of a shed
upon which he had stepped to avoid the heat,
fumes, and gases arising from the kiln upon
which he had been working, evidence held suf-
ficient to take the case to the jury. Ferris
Press Brick Co. v. Thompson (Tex. Civ. App.)

499.

held for the jury.-Harris v. Kansas City South-
ern Ry. Co. (Mo. App.) 576.

$286. The question of the negligence of a
master resulting in injury to a servant in a
stone quarry held for the jury.-Bennett v.
Crystal Carbonate Lime Co. (Mo. App.) 608.

pany for injuries to an employé who was acting
§ 287. In an action against a railroad com-
under the direction of a foreman, the evidence
held to make the question of the gross negligence
of the foreman one for the jury.-Chesapeake &
O. Ry. Co. v. Marcum (Ky.) 293.

uncoupling cars, held that whether it was neg-
§ 287. In a suit for injury to a switchman in
ligence for his fellow servants to fail to see his
stop signal was for the jury.-Houston & T. C.
R. Co. v. Mayfield (Tex. Civ. App.) 141.

coal mine, evidence held to present a question
§ 288. In a suit for injuries to employés in a
for the jury as to assumption of risk.-South-
ern Anthracite Coal Co. v. Bowen (Ark.) 1048.

of a servant in a stone quarry held for the jury.
§ 288. The question of the assumption of risk
Bennett v. Crystal Carbonate Lime Co. (Mo.
App.) 608.

fective appliance operated by him knew
of the
§ 288. Whether a servant injured by a de-

-Muse v. Abeel (Tex. Civ. App.) 430.
danger because of the defect held for the jury.

§ 289. In a suit for injuries to employés in
a coal mine, evidence held to present a question
for the jury as to contributory negligence.-
Southern Anthracite Coal Co. v. Bowen (Ark.)
1048.

§ 289. In an action by a servant for per-
§ 285. In an action for injuries to a servant sonal injuries, the question of contributory neg-
owing to an explosion of a radiator, the ques-ligence held for the jury.-Nicholas v. E. H.
Abadie Co. (Ky.) 325.

tion as to the cause of the explosion held one
for the jury.-Monarch Tobacco Works V.
Northern (Ky.) 350.

§ 285. In a suit for injury to a switchman
in uncoupling cars, held that whether the fail-
ure of his fellow servants to see his stop signal
was the proximate cause of the injury was for
the jury.-Houston & T. C. R. Co. v. Mayfield
(Tex. Civ. App.) 141..

§ 289. The situation of employés held not so
manifestly dangerous that it could be said as a
matter of law that a person of ordinary pru-
dence would not have undertaken the work.-
Pittsburg, C., C. & St. L. Ry. Co. v. Schaub
(Ky.) 885.

§ 289. The question of the contributory neg-
ligence of a servant injured in a stone quarry
§ 285. In an action for injuries to a switch-held for the jury.-Bennett v. Crystal Car-
man, evidence held sufficient to take the ques-bonate Lime Co. (Mo. App.) 608.

tion to the jury whether defendant's negligence § 289. A servant doing an act under the ex-
was the proximate cause of the injury.-Inter-
national & G. N. R. Co. v. Owens (Tex. Civ.
App.) 210.

§ 286. In a suit for injuries to employés in
a coal mine, evidence held to present a question
for the jury as to negligence.-Southern An-
thracite Coal Co. v. Bowen (Ark.) 1048.

§ 286. In an action by an experienced serv-
ant for injuries from the falling in of the walls
of a manhole while he was engaged in the work
of propping or bracing the walls, evidence held
to require that the question of plaintiff's neg-
ligence be submitted to the jury.-Nicholas v.
E. H. Abadie Co. (Ky.) 325.

§ 286. In an action for injuries by a prema-
ture explosion, whether defendant was negli-
gent in not warning plaintiff of the danger held
for the jury.-Nortonsville Coal Co. v. Whited
(Ky.) 397.

§ 286. The situation of employés held not so
manifestly dangerous that it could be said as a
matter of law that some precautions should not
have been taken for their safety.-Pittsburg, C.,
C. & St. L. Ry. Co. v. Schaub (Ky.) 885.

$286. In an action for injuries to a servant,
whether a defective condition of a clawbar

and the likelihood of its use, as it was used by
plaintiff, were such as to bring the injury with-
in the range of reasonable probabilities an ordi-
narily prudent employer should have anticipated

press direction of the master's foreman may
not be declared negligent as a matter of law,
unless the dangers incident to the act are so
threatening as to portray obvious peril.-Ben-
nett v. Crystal Carbonate Lime Co. (Mo. App.)

608.

§ 289. In an action by a railroad brakeman
for personal injuries, whether he was negligent,
held for the jury.-San Antonio & A. P. Ry. Co.
v. Middlebrooks (Tex. Civ. App.) 169.

§ 289. In an action for death of a brick
burner, evidence held insufficient to raise the is-
sue whether defendant had provided a safe
way for brick burners to go from the shed of
one kiln to that of another, and that deceased,
instead of adopting the safe way, took a dan-
gerous way. Ferris Press Brick Co. v. Thomp-
son (Tex. Civ. App.) 499.

§ 291. In an action for injuries to a railroad
car carpenter, the court properly instructed
that, as plaintiff alleged he was injured by the
negligence of a fellow workman in permitting
a brake plate to fall upon him, in order to re-
cover, he must prove by preponderance of the
evidence that his injury was caused by the neg-
ligence of the fellow workman in the manner al-
leged.-St. Louis Southwestern Ry. Co. v. Burdg
(Ark.) 239.

§ 291. In consolidated cases of injuries to
two employés due to the fall of a cage in a coal
mine, an instruction as to a safe place to work

held prejudicially erroneous to defendant in one case because ignoring evidence, but not misleading in the other.-Southern Anthracite Coal Co. v. Bowen (Ark.) 1048.

§ 291. In an action for injuries to a servant, an instruction held erroneous because of the absence of evidence on which to predicate it. -Bennett v. Crystal Carbonate Lime Co. (Mo. App.) 608.

§ 291. In an action for injuries to an employé of a railroad company, an instruction which did not submit to the jury all the grounds of negligence held not to be erroneous. Galveston, H. & S. A. Ry. Co. v. Callahan (Tex. Civ. App.) 129.

§ 291. An instruction, in an action by the employé against his master for malpractice of a contract physician, held properly refused as in effect denying recovery irrespective of the evidence.-Texas & Pacific Coal Co. v. McWain (Tex. Civ. App.) 202.

§ 293. An instruction in a suit for injuries to two employés held to be confusing, misleading, and prejudicial to defendant in ignoring a defense as to one of them supported by evidence.-Southern Anthracite Coal Co. v. Bowen (Ark.) 1048.

§ 293. An instruction as to the master's duty as to a safe place to work, held to conflict with other instructions.-Southern Anthracite Coal Co. v. Bowen (Ark.) 1048.

§ 293. In a suit for injury to a miner, held, that there was no practical objection to instructions under the evidence.-Main Jellico Mountain Coal Co. v. Parker (Ky.) 871.

§ 293. Facts alleged in a complaint by an employé for injury, held to warrant an instruction as to a safe place to work.-Pittsburg, C., C. & St. L. Ry. Co. v. Schaub (Ky.) 885.

western Ry. Co. of Texas v. Anderson (Tex. Civ. App.) 1002.

§ 296. Instructions, in an action by a serv-
ant to recover for personal injuries, held con-
flicting.-St. Louis Southwestern Ry. Co. of
Texas v. Anderson (Tex. Civ. App.) 1002.
IV. LIABILITIES FOR INJURIES TO
THIRD PERSONS.

Liability of municipal corporations for torts of
officers and employés, see Municipal Corpora-
tions, § 747.
Liability of railroad company for negligence of
servants causing spread of contagious disease,
see Negligence, § 1.

(A) Acts or Omissions of Servant.

§ 302. A master is not liable for acts of his servant which are unauthorized and not within the real or apparent scope of the employment. -Lessoff v. Gordon (Tex. Civ. App.) 182.

(B) Work of Independent Contractor. § 318. One held not an independent contractor, but the servant of another.-Steger v. Barrett (Tex. Civ. App.) 174.

MATERIALITY.

Of alteration of written instrument, see Alteration of Instruments, §§ 2-7.

Of evidence, see Criminal Law, § 384; Evidence, $ 147.

Of newly discovered evidence as affecting right to new trial, see Criminal Law, § 940.

MATERIALS.

Liens on real property for materials furnished, see Mechanics' Liens.

MEASURE OF DAMAGES.

§ 295. In a suit for injury to a miner, an instruction held to present the law as to assumption of risk in continuing at work with a de- See Damages, §§ 95-122. fective appliance or in an unsafe place.-Main Jellico Mountain Coal Co. v. Parker (Ky.) 871.

§ 296. In an action for injuries to a railroad car carpenter alleged to have been injured by the negligence of a fellow servant, an instruction relating to contributory negligence held proper.-St. Louis Southwestern Ry. Co. v. Burdg (Ark.) 239.

§ 296. In an action for injuries to a railroad car carpenter, alleged to have been caused by the negligence of a fellow servant assisting him in repairing a car, held that an instruction directing a verdict for defendant if the evidence showed that plaintiff was not exercising ordinary care in the performance of his work was proper. St. Louis Southwestern Ry. Co. v. Burdg (Ark.) 239.

§ 296. In a suit for injury to an employé, held that defendants were not substantially prejudiced by the form of an instruction on contributory negligence.-Pittsburg, C., C. & St. L. Ry. Co. v. Schaub (Ky.) 885.

§ 296. In an action by a servant for personal injuries, an instruction on contributory negligence held erroneous.-Bennett v. Crystal Carbonate Lime Co. (Mo. App.) 60S.

MECHANICS' LIENS.

II. RIGHT TO LIEN.

(D) Persons Entitled in General. § 93. Where a building contractor was not entitled to a mechanic's lien for work on a homestead, because of his abandonment thereof before substantial performance, his assignee of the owner's notes for the price was also without right to a lien.-Murphy v. Williams (Tex.) 900.

(E)

Subcontractors, and Contractors'
Workmen and Materialmen.

§ 99. Statement by the owner that he would pay all bills, and requesting a materialman to continue delivering material will not support a claim for a lien for materials furnished the contractor before such statement was made.-Elliott v. Waites & Wilkie (Tex. Civ. App.) 992.

§ 107. Under Ky. St. § 2463 (Russell's St. § 2383), persons who performed labor in the erec tion of a house under a contract with the subcontractor, and with the knowledge and consent of the owner, held entitled to a lien on the

$296. In an action for injury to a switch-premises.-Whitt v. Maddix (Ky.) 270. man in uncoupling cars, held that defendant was not injured by failure to give a requested charge. -Houston & T. C. R. Co. v. Mayfield (Tex. Civ. App.) 141.

$296. In an action for personal injuries to a railroad employé, an instruction that, in the event of defendant's negligence in leaving a switch set to a side track, plaintiff was not bound to use ordinary care to discover the condition of the switch held error.-St. Louis South

III. PROCEEDINGS TO PERFECT.

§ 118. Before a subcontractor can entitle himself for a lien for materials furnished under

Kirby's Dig. § 4976, he must give the prescrib
Leifer Mfg. Co. v. Gross (Ark.) 1039.
ed notice, in the time and manner specified.-

§ 118. Plaintiff held to have furnished materials for a building under contract with the owner, and not as a subcontractor, as defined

by Kirby's Dig. § 4993, and was therefore entitled to a mechanic's lien, without giving the notice prescribed by section 4976.-Leifer Mfg. Co. v. Gross (Ark.) 1039.

V. ASSIGNMENT OF LIEN OR CLAIM. § 204. The right of an assignee of notes given for the purchase price of improvements to be constructed on a homestead, to a mechanic's lien thereon, is limited to the right of the contractor.-Murphy v. Williams (Tex.) 900.

VII. ENFORCEMENT. Exclusive or concurrent jurisdiction, see Courts, § 472.

Sale of seminary property, see Colleges and Universities, § 6.

MEDICAL EXPERTS.

Testimony, see Evidence, §§ 528, 537, 550.

MEDICAL JURISPRUDENCE.

See Physicians and Surgeons.

MEDIUM OF PAYMENT.

In general, see Payment, §§ 16, 17.

MEMBERS.

Of firms, see Partnership.

all necessary mining rights, included a conveyance of such easements in the balance of the land as were necessary to accomplish the mining and removal of the material.-Neal v. Finley (Ky.) 348.

855. Where a party covenanted to convey the mineral together with the necessary mining rights in certain land which was a parcel wholly within a larger boundary of his land, a right of way over the land not conveyed as of necesIsity was included in the covenant.-Neal, v. Finley (Ky.) 348.

(C) Leases, Licenses, and Contracts. Authority of administrator to lease mine, see Executors and Administrators, § 329. Relevancy of evidence of value of mining lease, see Evidence, § 113.

§ 58. A lease may confer on the lessee the right to remove a portion of the leased premises or of sand or gravel found on the surface thereof, as well as to remove stone, coal, zinc, or lead, found either on the surface or beneath it. -Meeks v. Clear Jack Mining Co. (Mo. App.) 1084.

§ 62. A lease for mining purposes held to give the lessee the right to the possession of the ore in the ground, and after it has been cleaned.-Meeks v. Clear Jack Mining Co. (Mo. App.) 1084.

$ 63. A mining lease held to constitute defendant a tenant for years.-Mullins v. Dees

Of school boards, see Schools and School Dis- (Ky.) $28. tricts, §§ 48, 53.

MEMORANDA.

§ 66. A lessee under a mining lease held to have committed waste for which the lessor was entitled to cancel the lease, under Ky. St. $ 2328 (Russell's St. § 291).-Mullins v. Dees

Use to refresh memory of witnesses, see Wit- (Ky.) S28. nesses, § 255.

MENTAL CAPACITY.

See Insane Persons.

§ 71. Under the rules posted by a lessee in a mining lease, as provided by Rev. St. 1899, § 8766 (Ann. St. 1906, p. 4068), persons mining under him held licensees only, without any interest in the ore, or any right to a possession of App.) 1084.

Affecting responsibility for crime, see Criminal the land.-Meeks v. Clear Jack Mining Co. (Mo.

Law, § 48.

To make will, see Wills, § 52.

(A) Rights and Remedies of Owners.

Ore as property subject to replevin, see Replevin, § 4.

III. OPERATION OF MINES, QUARRIES, AND WELLS.

(B) Mining Partnerships and Companies. Certificate of incorporation of mining company, see Corporations, § 18.

Right to incorporate for mining purposes, see Corporations, § 14.

Contributory negligence of employé injured, see Master and Servant, § 241.

Liability of master for injuries to servant from defective or dangerous condition of mines, quarries, and excavations, see Master and Servant, § 118.

§ 122. The right to take ore from underneath the surface of a railroad right of way must yield, if the surface will be impaired.-St. Louis & S. F. R. Co. v. Yankee (Mo. App.) 18.

Remedies of owner of ore mingled with that of See Infants. another, see Confusion of Goods, § 12.

(B) Conveyances in General. Bona fide purchasers, see Vendor and Purchaser, §§ 239, 244.

$ 54. Where a deed of land does not limit the estate conveyed, it embraces the minerals thereunder, as well as the surface.-Richards v. Potter (Ky.) 850.

§ 55. A covenant to convey the mineral in a part of certain lands of a party, together with

MINORS. MISCONDUCT.

Of counsel at trial, see Criminal Law, §§ 719730. Of trial judge, see Criminal Law, § 656.

MISDELIVERY.

Of goods by carrier, see Carriers, § 94. Of telegraph message, see Telegraphs and Telephones, $$ 27-74.

MISJOINDER.

Of causes of action, see Action, § 45.

MISREPRESENTATION.

See False Pretenses; Fraud.
Affecting validity of contract of sale, see Sales,
§§ 38, 41.

Of value of goods as affecting liability of car-
rier for loss, see Carriers, § 110.

MISTAKE.

In conveyances, contracts, or other transactions. See Compromise and Settlement, § 19; Release, § 16; Sales, § 36.

Remedies.

Ground for equitable defense in action at law, see Action, & 24.

Opening or setting aside compromise, see Compromise and Settlement, § 19.

MITIGATION.

Of damages, see Damages, § 59.

MIXTURE.

Of goods, see Confusion of Goods.

MODIFICATION.

Of contract, see Contracts, § 237.
Of judgment, see Judgment, §§ 294-314.
Of judgment or order of lower court in appel-
late court, see Appeal and Error, § 1152.

MONEY.

Deposits, see Banks and Banking, § 138.
Duty of carrier to transport, see Carriers, § 39.
Liability of carrier for loss, see Carriers, § 110.
Obtaining money under false pretenses, see
False Pretenses.

MONEY LENT.

X. FORECLOSURE BY ACTION.

(F) Pleading and Evidence.

§ 463. In an action to foreclose a mortgage, evidence held to show that the mortgagor owned the mortgaged property.-Perkins v. J. M. Robinson, Morton & Co. (Ky.) 310.

(1) Judgment or Decree and Execution.
Creation of relation of landlord and tenant by
foreclosure decree, see Landlord and Tenant,
§ 10.

Equitable relief, see Judgment, § 377.
Vacating judgment against minor, see Infants,
$ 110.

Bill or note given for loan of money, see Bills 1906, p. 660), a party failing to put a motion in and Notes.

Usurious loans, see Usury.

MONEY PAID.

Recovery of price paid for land, see Vendor and
Purchaser, § 334.

MONEY RECEIVED.

Recovery of price paid for land, see Vendor and
Purchaser, § 334.

MORTGAGES.

Of personal property in general, see Chattel
Mortgages.

I. REQUISITES AND VALIDITY.

writing, after the request of the court so to do, held not entitled to complain of its denial.— Meeks v. Clear Jack Mining Co. (Mo. App.) 1084.

MOTIVE.

Evidence of, in criminal prosecutions, see Homicide, § 166.

MUNICIPAL CORPORATIONS.

See Counties; Schools and School Districts, §§ 10-131.

Mandamus to municipalities and municipal of-
ficers, see Mandamus, § 87.

Street railroads, see Street Railroads.
Taxation of municipal property, see Taxation, §
217.

(A) Nature and Essentials of Conveyances IV. PROCEEDINGS OF COUNCIL OR as Security.

§ 11. Gen. St. 1888, c. 63, art. 1, § 6, authorizes a mortgage or any interest in land, so that one could mortgage land which he had purchased and owned, though he had no deed therefor.Perkins v. J. M. Robinson, Norton & Co. (Ky.) 310.

OTHER GOVERNING BODY.

(B) Ordinances and By-Laws in General.

§ 112. Const. § 51, providing that no law enacted by the General Assembly shall relate to more than one subject, which shall be expressed in the title, held not to apply to municipal ordinances.-Kentucky Light & Power Co. v. James

IX. FORECLOSURE BY EXERCISE OF II. Williams & Co. (Ky.) 840.
POWER OF SALE.

§ 341. A deed of trust construed and held to authorize a sale on foreclosure by the sheriff in office at the time of foreclosure.-Feller v. Lee (Mo.) 1129.

§ 112. There is no provision in the charter of cities of the fifth class requiring ordinances to embrace but one subject to be expressed in the title.-Kentucky Light & Power Co. v. James H. Williams & Co. (Ky.) 840.

§ 112. An ordinance providing for submission | the parties thereto.-Platte City v. Paxton (Mo. to the voters of the question whether a city App.) 531. should issue bonds held to provide for the submission of but a single subject.-Kentucky Light & Power Co. v. James H. Williams & Co. (Ky.) 840.

§ 121. Whether an ordinance is void as being unreasonable is a question for the court under the evidence.-Radley v. Knepfly (Tex. Civ. App.) 447.

V. OFFICERS, AGENTS, AND EM-
PLOYÉS.

Mandamus to municipal officers, see Mandamus,
$ 87.
Of school districts, see Schools and School Dis-
tricts, $$ 48, 53.

(A) Municipal Officers in General.
$145. Under Ky. St. §§ 3131, 3132, 3753
(Russell's St. §§ 1240, 1241, 4855), one elected
treasurer of a city held entitled to the office as
against his predecessor seeking to hold over un-
der Const. 160.-Dorian v. City of Paducah
(Ky.) 369.

IX. PUBLIC IMPROVEMENTS. (A) Power to Make Improvements Grant Aid Therefor.

$280. Under Rev. St. 1899, §§ 5989, 5991 (Ann. St. 1906, pp. 3024, 3026), granting power to the city council to construct and repair sidewalks, held that a petition of citizens is required only where a sidewalk is to be constructed for the first time, and not where an old walk is to be replaced by a new one.-Platte City v. Paxton (Mo. App.) 531.

(B) Preliminary Proceedings and Ordinances or Resolutions.

$ 301. Under Ky. St. § 3094 (Russell's St. § 1205), any street improvement, of whatever kind or nature that is desired, must be ordered and directed by the council before it may be legally done.-Dodd v. Heeter & Sons (Ky.) 860.

$302. Ky. St. § 3100 (Russell's St. § 1211), held only to require ordinances directing original construction of street improvements to be passed by the respective boards of the general council, with an interval of two weeks' time. Dodd v. Heeter & Sons (Ky.) 860.

§ 314. Plans and specifications for the construction of a sidewalk need not be filed with the city clerk at the time the ordinance authorizing the improvement is passed.-Platte City v. Paxton (Mo. App.) 531.

$ 314. Reference in an ordinance authorizing a street improvement to plans and specifications on file as allowed by Rev. St. 1899, § 5989 (Ann. St. 1906, p. 3024), is only a statutory substitute for their incorporation within the ordinance; and, where this is done, no plans or specifications need be filed.-Platte City v. Paxton (Mo. App.) 531.

§ 338. Where an ordinance was passed authorizing a street improvement, and a bid submitted for the work duly signed was accepted by resolution of the city council, properly passed and made of record, there was no necessity for a separate written contract.-Platte City v. Paxton (Mo. App.) 531.

§ 359. Where a party contracts to construct a sidewalk on the established grade, a substantial compliance with this specification is sufficient.-Platte City v. Paxton (Mo. App.)

531.

(D) Damages.

Compensation or damages for property taken under power of eminent domain, see Eminent Domain.

§ 396. Benefits to a property owner's lots on the north side of an alley by the construction of a drain in the street held not proper to be considered in determining the damage to his lots on the south side of the alley thereby; those lots being used for a different purpose.Drake v. City of Bosworth (Mo. App.) 570.

§ 404. It is the special province of the jury to determine the amount of damages in an action for damage to property by the construc

tion of a drain in the street.-Drake v. City of Bosworth (Mo. App.) 570.

(E) Assessments for Benefits, and Specia}

Taxes.

$449. The provision in Ky. St. § 3096 (Russell's St. § 1207), that the cost of reconstructing sidewalks shall be assessed as in the construction of streets, held to mean that an ordinance shall be passed assessing the cost, just as an ordinance is required assessing the cost for other street improvements.-Dodd v. Heeter & Sons (Ky.) 860.

X. POLICE POWER AND REGULA-
TIONS.

Regulation of licenses and license taxes, see
Licenses, § 7.

Power.

(A) Delegation, Extent, and Exercise of Ordinances imposing license fees, see Licenses, $ 7.

§ 603. Dallas City Charter, § 71, held not to authorize an ordinance (section 99) requiring all rooms above the second story of lodging houses to be provided with more than one way of escaping from fire, at opposite ends of the room, leading to fire escapes on the outside of the building.-Radley v. Knepfly (Tex. Civ. App.) 447.

§ 603. An ordinance, requiring the third story of a building to be constructed as stated, in order to provide escape from fires, held unreasonable and void.-Radley V. Knepfly (Tex. Civ. App.) 447.

§ 603. Under an ordinance requiring buildings of a certain kind to have one or more fire escapes, as directed by the building inspector, unless he deemed fire escapes unnecessary, the building need not be provided with more than one fire escape, where notice of such requirement is not given the owner by the inspector.

$335. Where a city ordinance was passed authorizing a street improvement, and plaintiff submitted a bid for the work, an acceptance thereof by resolution providing that the work be completed within 30 days held not to inject a new condition into the contract, so as to render the acceptance incomplete.-Platte City v. Pax--Radley v. Knepfly (Tex. Civ. App.) 447. ton (Mo. App.) 531.

§ 338. An ordinance, authorizing a street improvement, together with a resolution accept ing a signed bid for the work, held sufficient compliance with Rev. St. 1899, § 6759 (Ann. St. 1906, p. 3327), prescribing that contracts made by a city be in writing and subscribed by

§ 623. In view of Rev. St. 1895, arts. 447, 462, held that the owner of a sick horse left in a livery stable, which was killed without his consent when it became a public nuisance, was not entitled to recover damages against the city and other parties concerned.-Mezlar v. City of Miles (Tex. Civ. App.) 972.

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The Southwestern Reporter, Volume 124