The Indianapolis journal., 1898-09-26
Notes of Recent Opinions.

For an assault with intent to commit rape
upon passenger by ,baggagemaster on
train it is held in Savannah, +. q w. Rail-
road Company VS.. QUO (Ga.), 40 l.. r. A,
4S3, that the railroad company is liable.
The killing of a dog by an electric car in
consequence of the motormans negligence
is held, in Citizens Rapid Transit Company
VS.. Dew (Tenn.), 40 l.. r. A., 51S, to render
the street-railway company liable for the
damages.
The transmission by a telegraph company
of libelous telegram end its delivery in
writing at destination are held In Peterson
VS.. Western Union Telegraph Company
lication Of the libel.
An abrasion of the skin of a toe caused
by unexpected friction Of a new shoe is held,
in Western Commercial Travellers Associa-
ton VS.. Smith &C. c. App, 8th C.), 20 l.. r.
A., 653, to be an accidental injury within
the meaning of an insurance policy.
Recovery for injuries occasioned by fright
as to which the authorities are conflicting
was recently allowed in Mack VS.. South
Bound Railroad Company Is. Co, 40 L. r.
A., 679, although there was no physical in
jury sustained except that caused by the
fright.
An awning which makes permanent en-
croachment on street is held. in Hibbard,
S. B. q Co. VS.. Chicago GID, 40 L. r. A.,
621 to constitute a purpresture; and
der of the City Council permitting 1T is held
to be only license which can be revoked
at any time.
Liability Of shipper of lumber for in
jury to a railroad brakeman by negligent
loading of the lumber car is denied in
Fowles VS.. Briggs (Mich.), 40 L. r. A, 52S
where the accident happened after it had
become the duty of the carrier to have the
car inspected.
A regulation of a water company, by
which it refuses to turn on water for a
building until unpaid rates of previous own
ers or tenants are paid. is held. in Turner
vs.. Reyer Water Company, (Mass); 40 l.
r. A. 657, to be unreasonable and invalid
unless authorized by statute.
The arrest Of a street-car passenger by a
policeman called by the conductor is held,
In Little Rock Traction and Engine Com
pany VS.. Walker (Ark.), 40 L. r. A, 47S, to
give no right of action against the street.
car company, If the conductors authority
extended only to putting the passenger off
the car.
Finding bee tree on the land of another
A., 6S7, to give the finder no right to the
bees or to the tree. and If he hives them
and leaves them in a hive on land neither
Of which he owns, he is held to have no
interest that can be the subject of larceny.
With this case is collection of the author
tiles on the subject Of property rights in
bees.
In cotton placed by dentist in wound
made by the removal of teeth, to stop
hemorrhage;. is held, in HASTEN. vs.. Inter
651 to be within a condition of an accident
policy denying liability for injuries resulting
wholly or in part from poison or anything
accidentally or otherwise taken, admins
tered, absorbed or inhaled"
The property rights in dogs are sustained
in Graham VS.. Smith (Ga.), 40 l.. r. A, 503,
by holding that the owner of a dog can
MAINTAIN troyer for its recovery in case of
its wrongful conversion. That dog may
be the subject of larceny is also decided in
Handy VS.. Samson Gowa), 40 l.. r. A., sos
under statute making it crime to steal
s.ve review of the authorities on the sub
ject of property rights in dogs