The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-09-28
COMMERCIAL LAW.
Brief Digests Of Late Decisions.
Compiled Specially for the st. Louis Commer.
cinl Gazette.l
oBsTRUCrING STREETS.

NC uscu ny plafutiu IOr inc Ucueut
OF said lots. The jury were instructed
to the effect that if defendant, by maxi
ing the road-bed and grade above the
grade or level of the street, has thereby
unnecessarily impaired the usefulness
of the street, and plaintiff property has
been injured or lessened in value there
by, then the jury should find for the
plaintiff, and the jury so found. On APP
peal the court affirmed this finding, and
held that the right conferred by the mu-
nicipal authorities upon a company to
lay its track upon street in city, is
to lay 1t on the grade of the street. And
If entertainments are raised by the COM
pany to lay the track upon, above the
grade, the company is liable to property
holders in damages for obstructing the
access to their property. vs.. st.
Louis. ETC.. Railroad Company, St. Louis
Court of Appeals.
RAILROAD FARES.
A statute of Illinois fixed railroad
passenger fares at the maximum rate of
three cents per mile. The validity of
this statute was declared by the court
as follows: "Grants of immunity from
legislative control are never to be pre-
sumed. On the contrary, the presump-
tions are all the other way, and unless
an exemption is clearly established the
Legislature is free to act on all subjects
within its general jurisdiction as public
interests may seem to require. A State
may limit the amount of charges by
railroad companies for fares and freights,
unless restrained by some contract in
the charter. In the present case there
is no such restraint. The State, it is
true, has given the Board of Directors
of the railroad company the power to
establish such rate of tolls as they shall
from time to time, by their bylaws, de-
termine.' But such bylaws must not
be repugnant to the Constitution and
laws of the State. 1t is already settled
that the State has the legislative power
to regulate the charges of carriers for
hire. h-Ruggles vs.. People of the State
of Illinois, Supreme Court of United
States.
VALIDITY OF PATENT.
An improvement in the process of
manufacturing middlings flour was pat
ented by one Downton in 1875. The main
feature of the improvement consisted in
the use of rollers instead of millstones
for grinding the grain. The court held
the patent void for want of novelty, the
improvement set forth in the patent
having been described in detail in
printed publications many years before
the date of appellants alleged inven-
ton. One of these publications, it
seems, was printed as early as 1S47. and
contained much fuller and clearer ex-
position of the essential features of the
appellants improved process" than
was to be found in the specifications
upon which appellant obtained his pat
ent.-Downton vs.. Yaeger Milling Co.,
Supreme Court of United States.
ACCIDENT INSURANCE.
Plaintiff brought suit on policy of ac-
cident insurance. alleging that while he
was riding as passenger on a train of
cars, he fell asleep from WEAKNESS and
the motion of the cars, and that while
so unconscious he arose from his seat
and went to the platform of the car and
fell therefrom to the ground, thus sus-
tanning injury. The court held that
these facts amounted to q cause of ac-
ton, it being evident from the allega-
tons that the plaintiff was as irrespon-
sible for his actions and conduct as
human being could be from any possible
cause, and that that was sufficient
Scheiderer VS.. Travellers Insurance
Company, Supreme Court of Wis
cOnSin.
FIRE INSURANCE.
A policy provided that no suit for loss
Or damage should be sustainable until |
after arbitration and award. The COM
PAW elected to replace. but the repairs
were not satisfactory, and proofs of loss
were served and a suit instituted by the
insured. Offers of the company TO ar
bitrate were refused. Held that the |
election to rebuild was waiver of the |
arbitration clause. and the refusal of /
the insured to arbitrate was no bar to |
the action. Evidence by experts as to
the general cost of placing the build |
ing in its former condition was adj |
missible.-Wynkoop VS.. Niagara Fire
Insurance Company, New York Court |
of Appeals.
LIABILITY OF TELEGRAPH COMPANY.
In an action for the statutory penalty |
for failure to deliver telegraphic mes
sage. the fact that the message was writ
ten upon blank of the company which
provided that the company should not |
be liable for the non-delivery of any I'M
repeated message, whether happening !
by the negligence of its servants or 9TH
erwIse, beyond the amount received for |
sending the same, will not defeat the |
action. The company has no power to
make and enforce such contract and
thus defeat the object of the statute
Western Union Telegraph Company
VS.. Adams, Supreme Court of Indiana.
EXEMPTIONS AND INSURANCE MONEY.
Where personal property exempt by
laws from execution is destroyed, the
insurance money due upon its loss is
not exempt. The insurance company is
the debtor of the party insured for the
amount of the insurance. There is just
30 much money due him from the cor
poration not as the price or equivalent
of the property insured, but upon an
agreement to indemnify the insured
against its loss by fire, the conSidera-
ton for which was the premium paid
and not any interest in such property.
-Monniea VS.. the German Insurance
Company, Appellate Court of Illinois.
STOCKHOLDERS LIABILITY.
Where stakeholder of an insolvent
bank was sued under the law of double
liability to creditors, by an admitted
creditor of the bank, and it appeared
that the defendant had purchased claims
against the bank at a discount and had