The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-22
NOTES OF RECENT OPINIONS.

The taking Of ice from a public lake in
large quantities for shipment for market is
held, in Sanborn VS.. Peoples Ice Company
(Minn.) 81 L. r. A., 500, not to be an exer-
else of a common right in such waters.
The decision of the state central commit
tee of a political party between bodies
a county is held. in Davies VS.. Hambrick
tKy.) 81 L. r. A, 61, to be conclusive on
the courts.
The practice of osteopathy is held. in Lit
tie VS.. State (Neb.) 81 l.. r. A, III. to be
the practice of medicine within the mean
ing of a statute requiring a certificate from
the State Board of Health for engaging in
such business.
political party to remove a member is de-
MED In People ex rel. Coffey VS.. Demo-
cratic General Committee On. W 81 l.. r.
A, 674, under a statute which provides for
the election of such ommitt for a speci-
fed term.
A statute providing for the treatment of
inebrfates at public expense In any county
having $1,000 or more inhabitants is held, in
Murray VS.. Commissioners of Ramsey Coun-
ty (Minn.) 81 l.. r. A, S2S, unconstitutional
on the ground that classification by popula-
ton for such a purpose is purely arbitrary.
A railroad running along the side of a
street without occupying any part of 1t is
held, in Chicago. R. ]. & p. Railroad Com
pany VS.. Ottumwa Uowa) 81 l.. X. A, 763.
not to be subject to an assessment for
street paving under a statute providing
that assessments should be made upon lots
or parcels of land fronting on the highway.
The right of a street-railway company to
remove shade trees which are an obstruc-
ton to the road which 1t is authorized TO
build is upheld in Miller VS.. Detroit, Y. &
A. r. Railroad Company (Mich.) 81 l.. r. A,
$50, without requiring compensation TO the
abutting owner. though notice TO him is re-
quired, as well as an opportunity TO remove
the trees If he sees fit.
The fact that an employer has been held
liza bic for injuries to an employe by the ex-
plosion of a boiler. on the ground of negli-
gence in failing to discover the defect by
inspection. is held. In Boston Woven Hose
and Rubber Company VS.. Kendall Mass
81 L. r. "a. ISL, not to preclude him from
recovering against the maker of the boiler
en- breach of warranty.
A rule forbidding passengers to ride on
the front platform OF an electric car, and
making them do so at their own risk. is
held. in Sweetland VS.. l.. & B. Railroad
Company (Mass.) 81 l.. r. A, 7S3, to be rea-
when passengers are accustomed to ride
there freely and without question and to
pay fare while doing so.
The constitutionality of statutes regulat-
ing the right TO practice medicine. which is
sustained In most Of the decisions found in
a note in IA l.. r. A. 5Sl, is again upheld
in State VS.. Bair Uowa) 81 L. r. A, 40,
Notwithstanding the exemption from exam
ination OF those who have certificates from
reputable medical schools, and those who
have practiced in the State five years. three
of which have been in the same locality.
A night Waterman at a railroad depot,
who gets on a train after being off duty a
few days 20 ride TO the depot TO announce
his readiness to resume duty the coming
right, Is held, In Chattanooga Rapid Tran
SIT Company VS.; Venable CTenn.) 81 l.. r.
A, $50. TO be entitled to the rights of a pas
senger II injured by negligence of the car
rier. where he is riding by implied permits
sion OF the conductor, but in violation of a
rule which requires him either to pay fare
or have a pass.