The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-09-20
Notes of Recent Opinions.

The drunkenness of trespasser who sits
down or a railroad track is held, in Price
VS.. Philadelphia, w. & b. r. Co. (Md.) 36
J.. r. A. 213 not to excuse him from the
effect of his negligence
An electric light company is held in
Frederick Electric L. and p. Co. VS.. Fred
entitled to an exemption from taxation as a
manufacturing industry.
A warrant of the genuineness of the sig
nature to a promissory note is held, in
Strauss VS.. HenSey Cd. c. App 36 L. r. A.
80, to arise upon a sale and delivery of the
note to purchaser in good faith.
The right of a gas company to, charge
meter rent to small consumers of gas in
addition to the maximum charge per thou
sand feet for gas which is fixed by the char
ter of the company is denied, in Louisville
Gas Co. VS.. Dulaney (ky.) Sc L. r. A. 125.
Picking into the windows of an occupied
lighted residence at the hours of night when
people usually retire is held, in Grand
Rapids VS.. Williams (Mich::) S6 T. r. A 1877,
to constitute indecent or insulting conduct
or behavior within the meaning of an ordi-
nance relating to disorderly persons.
A public square in a town or village
treated as such for more than eighty years
va.) sc L. r. A. 9OO to be irrevocably dedi-
Gated for public use, and the county court
is denied the power to sell such square to
private persons for the erection or private
buildings thereon.
Ice and snow accumulated on a sidewalk
from natural causes If suffered to remain
until the surface is SO rough. ridged,
rounded or slanted that it is difficult for
persons on foot to pass over it with ordi-
nary care is held. in Huston VS.. Council
Bluffs Qa.) 36 L. r. A. I'll, to constitute
defect for which the town is liable.
An unconstitutional delegation of judicial
power is held, in People ex rel. Kern VS.
Chase Qll.) sc L. r. A. 105, to have been
attempted by the statute adopting the Tor
rens land title system with provision for
a certificate of the ownership of land to be
issued by the recorder of deeds or registrar
of titles.
A bystander who interrupts the court by
declaring that he knows persons who saw
the affair under consideration but refuses
to give their names so that they can be
summoned as witnesses is held, in Coleman
VS.. Roberts (Ala.) 36 l.. r. A. 81 to be pun
ishable for contempt. The court says 1t is
not of consequence that such person was
not present in obedience to process.
The purchaser of a negotiable promissory
note with the Endorsement of guaranty
thereon is held. in Durham VS.. Peterson
IN. d. 36 l.. r. A. 232, to be an indorsee
within the rule protecting innocent pur-
chasers for value before maturity The an
notation to the case reviews the decisions
on the transfer of title to note by indorse-
ment in the form of guaranty.
For the act of the president of national
bank in loaning the money of a depositor
apparently as an accommodation, but real
ly for his own benefit, taking a note from
the nominal borrower secured by stock in
the bank which becomes worthless and the
nominal borrower inSolVent by the failure
of the bank caused by the misconduct or
the president, it is held, in Grow vs. Cock
rill (Ark.) SO L. r. A. So, that a receiver Of
a bank cannot be held liable.
A passenger who protrudes his elbow
through a window in railway coach when
passing through tunnel so that it strikes
timbers near the sides Of the car IS held,
in Clark VS.. Louisville & N. r. Co. (Ky.)
sc L. r. A. 12S. to be guilty of such negli-
gence that he cannot recover from the
carrier although his elbow was protruded
inadvertently and did not extend more than
one and one-half inches beyond the outer
surface of the side of the car