The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-04

The unlawful extraction of petroleum oil
or gas from land is held, in Bettman VS..
Harness CIV. Va.) SO l.. r. A. 566, to consti-
tute irreparable injury, which may be en-
Joined in equity.
Power to impose a license tax upon non
residents who carry on business within city
limits is upheld, in Petersburg VS.. Cooke
CVa.) Sc L. r. A. 1872 where the rule was
applied to an attorney at law having an
office in the city but residing outside.
Voluntary intoxication is held. in Harris
vs.. United States Cd c. App 36 L. r. A.
465, to be neither an excuse nor a palliaton
for the crime of murder. In a note to this
case the great number of authorities are
compiled on the question, What intoxica-
ton will excuse criIne?
The necessary expenditures of a county
which are made mandatory by the Consti-
tuition, and are provided for by the Legisla-
ture are held. in Rauch VS.. Chapman
from the constitutional provision limiting
the amount of county Indebtedness.
The misdelivery of goods by an agent Of
q connecting line or a warehouseman is
held in Illinois Central Railroad Company
VS.. Carter Gid Sc L. r. A. ST. insufficient
to render the forwarding carrier liable
where it safely delivered the goods to the
connecting line, for safe carriage to the
destination
A certificate of deposit reciting that it is
=. 10 be lett SIX momiin1s',, ana adding; No
Starr (N1nn) 36 l.. r. A. 1853, to be a
time, and not demand, certificate, and
that to hold an indOrser payment must be
demanded at the end of six months on last
day of grace.
An ordinance regulating the number of
hours in which laborers and mechanics
shall be employed on the public works be-
longing to the city, and making it's viola
ton misdemeanor, is held in State VS.
McNally (La.) 36 L. r. A. $780, to be in
valid as the Legislature only create
such an offense.
The assumption by the engineer of a
that q get
off before the train reaches him is held
in Gum VS.. Ohio River Railroad Company
CIV Va.) SO L. r. A. SIS. to be improper
when the person on the track is a child of
viously disabled by deafness, intoxication
sleep or other cause
Placing fireworks in the parlor of a rest
dence for use the next day in a Fourth Of
Phoenix Mutual Fire Insurance Company
(Pa.) sc L. r. A. 517, to avoid the insurance
on the building under clause prohibiting
fireworks to be kept used or allowed" on
the premises, ANY usage or custom of
trade" to the contrary Notwithstanding.
The fact that train was running at high
speed in violation Of law and in breach Of
the promise of the engineer. made to a boy
who intended to jump off, is held, in Howell
VS.. Illinois Central Railroad Company
(Miss) SO L. r: A. 545. insufficient to rem
der the railroad company liable for injury
to the boy when he attempted to get off
knowing the danger.
A bicycle association which agrees to
clean members bicycle twice each year
repair tires when punctured by accident
and the bicycle If damaged by accident
also to replace it if stolen unless recovered
in eight months, and provide another BIZ
cycle during that time, in consideration of
which the member pays Sc membership fee
per year is held i'll Com, Hensel VS. Prov
ident Bicycle Association (Pa.) &c L. r. A.
$50. not to constitute an insurance COM
pany for which a charter is necessary I'M
der the Pennsylvania statutes.