The news and herald. (Winnsboro, S.C.) 1877-1900, 1894-09-13
IN SUPREME COURTS.
iulpnrtant 1ecIstonS involving Insurance
aud " alter Power Rights.


aud " alter Power Rights.
The Supreme Court OF PcnnsEl.
fania has decided that while pro-
vision in Il policy of tire insurance
providing that any dispute as to the
amount OF loss under the policy shall
be settled by arbitration, is valid,
yet i further stipulation that no
action shall be maintained on thu
policy until after such arbitration, is
void, rs tending to Gust the courts
from their lawful jurisdiction. In
,iividuals will not be permitted 10
contract away the jurisdiction Of
courts
+, The Supreme Judicial Count OF
Massachusetts saws: Where city is
authorized by the Legislature 10 in
prove the channel Of a stream by re-
moving distractions and altering the
course where necessary, providing that
any one injured in his property by
ANYTHING done in connection there
with should he entitled to compenSa-
ton therefore, the owner OF 4 mill
located on the stream is entitled to
compensation damages ii by reason OF
which he is injured in his business.
The Oregon Supreme Court recently
decided chat where partnership Is
dissolved and the remaining partner
agrees to assume and pay the debts OF
the firm, the contract is broken by
tile refusal or failure Of the remain
ing partner to pay the debts thus as
sumed, and the outgoing partner may
sue upon breach Of contract, even If
he has paid nothing himself on such
debts. The fact that the contra:t
stipulates that the outgoing partner
shall be saved harmless does not
change this, for, if he chooses, he
may abandon this provision and sue
upon the other.
The Supreme Court Of the United
States decided where the broker OF
manufacturing corporation has ad-
yanced to his principal more cash
than the value Of the goods consigned
to him, he has such lien on the
goods as will Justify transfer of the
goods to him by the company just
prior to their failure. And a statute
which prohibits any transfer Of prop
erty by a corporation in contempla-
lion Of insolvency will not affect such
a transfer for it is merely recognl-
tion of an antecedent lien, which was
valid as against creditvcs, and there
fore creditors could be prejudlced Dy
the transfer.
The Supreme Court Of Illinois says:
A merchant who is insured under
m accident insurance policy. which
provides that any mem Der who Is IN
jured while engaged, Temporarily or
otherwise, in an occupation more
hazardous than that in which he Is
insured, he shall be paid as for the
occupation in which he is injured,
and not as for that III which ne was
insured, may recover upon accidental
injury while hunting as matter OF
recreation, the amount specified for
merchant and not the amount Specl-
lied for hunter. lie can
not be said to be engaged at
all in the ''occupation" Of hunt
ing, while hunting merely for
sport. Where mutual association
wrongfully refuses to make an assign
ment, if it is shown that had an as
signment been made at the proper
time the full amount Of the policy
would have been realized, it is proper
to enter Judgment for the full
amount Of the policy"
The Supreme Judicial Court Of
Massachusetts, says: The owner OF
certain mills had also title to a pond,
from which water was carried to them
through a flume. Under an agree
ment with other mill owners, ne ac-
oulred an interest in a reservoir tor
| the storage Of water, which was al
! lowed to flow TO the pond as required.
This interest was by agreement de-
clared appurtenant to and forever IN
!. .separable from the mills and the
water privileges connected Herewith,
which were charged, in WhoSoeIer
hands they should come, with share
of the cosl Of maintaining the reSer-
yoir. The owner conveyed the mills,
but not the pond, the deed granting
the right to draw water from the
latter through six-inch pipe as long
ac the pond should be continued.
This deed contained the usual cove
nants of title, including one against
membranes. At the same time
the owner leased to the grantee LOT
| twenty years all the water III the
pond. to be used for manufacturing
! purposes through the flume leading to
| the mills, at an annual rental OF 81,
which was duly paid during the term
of the lease. The water from tho
pond, or a like quantity from other
sources, was necessary to the opera
ton of the mills. The term Of the
lease having expired, the grantee
claimed the right to Use the water
, from the pond and reservoir as there
t0fore, as an easement created by lm-
plied grant. Under the deed no rights
in the waters of the pond or reser-
yoir passed by the deed except those
expressly mentioned, and that at the
end of the term Of the lease the
grantees rights in the waters ceased
if the pond should be discontinued,
and we're limited to the flow through
the six inch pipe, should the pond be
maintained.