The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-25
Notes of Recent Opinions.

A vacancy in the office Of justice of the
peace. to be filled by appointment. is held,
in State ex rel. Crow VS.. Smith (Mo.). AZ l.
X. a. $50, not TO be created by an election
which results in a tie vote.
Paving a street at the expense of the adj
joining property Is held lawful. in Adams
VS.. Beloit CWis.), AZ l.. r. a. AL, notwith-
standing the fact that the property has
previously been assessed for a FORMER
A statute providing that eight hours shall
constitute a days work for all employees of
the state or municipality is held. in re Dali
ton Kan.). AZ l.. r.. A. $50. TO be a direction
of the state to its own agents. and there
fore TO be constitutional and valid.
The failure to enact or enforce an ordi-
nance prohibiting the riding of bicycles on
is held, in Jones VS.. Williams
burg (Va.), AZ l.. r. A. pa, insufficient 10
person struck by a bicycle ridden on the
sidewalk.
A breach of promise of marriage is held.
ir Sanders VS.. Coleman Wa.), AZ l.. r. A.
ISL, to be excused when, without any fault
on his part, the prospective husband has
developed a grave malady of such charac-
ter that marriage might ~endanger his life
or health.
The right OF a telephone company 10
string wires i'm a highway is held. in Wyant
US. Central Telephone Company CMich.), AZ
L. r. A. 497. to include the right to do the
necessary trimming of trees in the highway
i'm a proper manner, without first giving
the landowner an opportunity 10 do IL.
An assessment for a street Improvement
Under a resolution declaring the improve
ment expedient is neld. I'm Norfolk VS..
Young Va.), At L. r. A. 574, to be uncon-
stitutional for lack of due process of law,
where the notice did not designate any
tribunal, place or time where the party
could be heard.
The refusal of a daughter. after reaching
majority. TO obey an order for her physical
examination by a physician In an action
brought by her father for the loss of her
services, is held, in Bagwell VS.. Atlanta
Consolidated Street-railroad Company
tGa.), AZ l.. r. a. 4S6, insufficient to Justify
dismissal of the action.
The restriction of the height of buildings
adjacent to a public square or park by
statute is held, in Knowlton vs.. Williams
(Mass.1 AZ l.. r. A. 314. when made TO
promote the beauty and attractiveness of
the park, to be an easement annexed 10
the park which may be acquired under the
exercise of eminent domain.
The right of hackmen and private car
riers to solicit business at a depot without
discrimination is sustained in Godbout VS..
st. Paul Union Depot Company CMinn.), AZ
l.. r. A. 532. so far as relates to all points
outsides the depot, but the right of the
carrier to grant special and exclusive priv
| leges to solicit such business within the
depot is sustained.
The fact that property assessed for a
street improvement has not been benefited
thereby, and that the Improvement has not
been completed. is held, in Rogers VS.. st.
Paul Minn.), AZ L.. R.. A. 557, insufficient
to entitle the property owner to repayment
by the city of the amount which he has
raid, where the money paid into the treas
Try has been expended on the improve
ment.
Bicycles are held. in Taylor VS.. Union
Traction Company (Pa-), AZ L. r. A 2s9.
not TO be within the meaning of an ordi-
| nance giving vehicles a right of way upon
| street-railway tracks in the direction in
which the cars usually run over vehicles
going in the opposite direction, SO as 10
| entitle a bicyclist to the right of way over
a vehicle approaching from the opposite di-
| rection. With this case is al extensive
note on bicycle law.