The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-29

me fact that person MORALLY wounded
cut his own throat and FASTENED his death
Is held I'm People VS.. Lewis (CaL). As L.
r. A. 1s3, insufficient to relieve the per
son who inflicted the fatal wound of his
liability. ~
Notes and mortgages owned by a person
who Is domiciled in another State but kept
within the State by agent. are held in
New orleans VS.. Stemple, Advance Sheets
Y. y, d. ITO. to be subject to taxation bv
the laws of the State in which they are
held.
The performance of the duty of a street.
railway company to maintain and operate
It's road for the benefit of the public is
Bridgeton & Millville Traction Company
IN. j., 45 L. r. A. S37, to be enforceable
by mandamus.
The power of a corporation to purchase the
stock of other corporations for the pur-
pose of controlling their management is de-
MED In De La Vergne Refrigerating Ma
chine Company VS.. German Savings Inst
Advance Sheets L. s., ID. 20. except when
express permission has been given to make
such purchases.
gence in setting fire by railroad engines
is held. in Hartford Fire ms Co. VS. Chi
cago. M. a. st. p. r. Co., Advance Sheets
o. s. p. 30. to be not in violation of public
policy. when, contained in lease of a
strip OF land on a railroad right of way
Tor storage warehouse.
Personal assets of national bank are
held. in People VS.. National Bank of d.
y NILS q Co. tCal:). 45 L. r. A. 747. to be
beyond the authority of a State to tax
under u. S. Rev. Stat, Section 5219, which
permits and regulates the taxation of the
shares or stock In such corporations. With
these cases Will be found an exhaustive
note on state taxation of national banks.
A statute making railroad company
liable to an employee injured by the negIi-
gent act of a fellow-servant is upheld in
Tullis VS. Lake Erie & w. r. Co, Ad-
vance Sheets u. s.. ID. 1885, against the con-
tention that ii denies such corporations the
equal protection of the laws. The court
holds that the peculiar hazards in the op-
eration or a railroad justify the separate
classification of such corporations.
The famous Ross case. by which the Su-
preme Court of the United States held that
a conductor of a freight train is a vice
principal of the railroad company in his
relation to other trainmen. is overruled
in the recent case of New England r. Co.
VS.. Conroy, Advance Sheets ". s., ID. S.
which holds that the conductor is fellow
servant of the engineer and brakeman, un-
less special and unusual powers have been
conferred upon him.
A conviction for furnishing intoxicating
liquors to a minor without legal authority
is held in Go. VS.. Vaughn (Ky), 45 l.. X. A.
$685. 10 constitute no bar to a prosecution
for selling the liquor without license,
where the sale to the minor is an offense
irrespective of the license, and the sale
without license is an offense whether sold
TO minor or other person. With this case
is note reviewing the decisions as to
the prosecution and punishment of distinct
offenses committed by single sale of in
toxicants.
The liability of sleeping-car company
for theft of a passengers effects while he
Is asleep Is denied in Pullmans Palace
Car Co. VS.. Adams (Ala.), IS l.. r. A. 767,
IL the company has exercised reasonable
diligence. but the mere fact that the porter
did not go to sleep during his watch is
not deemed sufficient proof of such dill
gence. The theft of a ring carried i'm a
pocketbook, and which is not capable of
being used on the journey, is held not to
make the company liable, even If it's loss
was due to the company's negligence.