The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-21
RECENT LEGAL OPINIONS.

The duty of keeping gates closed at
private farm railroad crossing is held, ir
Swanson VS.. Chicago, Nj. az ST. r X co.
(Minn) 40 l.. r. A. 625. TO devoiVe upon
the landowner for whose benefit and con-
yenience the gates are made. The other
authorities on the question, as TO which
there is some conflict, are collected in
note to the case.
Failure 10 insulate electric light wires
over a street at and above the point where
they are fastened TO a wooden awning is
held in Brush Electric Light and L. Co.
VS. Lefevre (Tex.) 40 l.. r. A, III not 10
create any liability for the death OF per-
son who got upon the awning anu at
TEMPTED to raise the wires in order TO per-
NIT house to be moved under them
A performance of conditions beneficial TO
a municipality on which a street-raiiway
company is expressly required 10 aceept
from a city the use of streets Is neiu' III
People ex rel Jackson VS.. SUBURBAN n
co. 0ll.) 40 l.. r. A. $50. TO be the per-
formance of a duty to the pubic Which
NAV be compelled by mandamus ana not
the performance of mere private con-
tract.
On the subject of bicycle ,aw' wnicn wa n
fully treated in a note in A L. X. A 2Ss,
the case of Foote VS.. American Product
C,ompany (Pa) 40 l.. r. A. 764 holds that a
bicvcle rider turning corner on the right
side of the street In accoroahce win a
rule fixed by ordinance, is not required TO
keen out of the way OF heavily laden
wagon which he meets, unless some APP
parent necessity is shown therefor.
Legislative power TO regulate the practice
of professions, which Is shown In note
in Ia l.. r. A on Page ISL, is held, in State
VS. Knowles Md ~ l.. r. A. 695, to ex-
| tend to a statute creating a board Of dem
| tai examiners which provides for the ex-
| emption from examination OF graduates OF
| a regular college of dentistry without also
exempting graduates of other universities
| or colleges authorized TO grant diplomas In
| dental surgery.
Going into a trench I'm city street. filled
| with deadly gas, 10 rescue boy who has
| been overcome therein by the gas whii'
| after a ball is held. in Corbin vs.. Phila-
| delphia (Pa) 40 l.. r. A ll5, not to b.
| such negligence will relieve the city
| from liability for the death OF the perso'
who attempts the rescue OF the boy: Thi'
| case is annotated by the authorities on
voluntarily mourning danger TO save the
| life of another person.
The killing of person on railroad
| track in open daylight, on straight piece
| of road, where he could be seen for Isl
| Yards ahead of the train which struck him
| is held In Neal VS.. Carolina Central Rail
/ road Company On. c. 40 l. r. A eS4. not
/ to make the railroad company liable. al
| though the train was running at pro-
| hibited speed and without ringing its bel
| as required by ordinance or keeping {
| proper lockout, where up to the moment he
| was struck ne could have prevented the
accident by stepping OF the track.
Notice of withdrawal given by a member
| of a building and loan association Is held
| in Andrews VS.. Roanoke Building Associa-
| ton and s. Co. (Va) 10 l.. r. A. $50. not
| TO be such severance OF his relation as &C
| preclude him from bringing a suit for the
| appointment OF receiver and the winding
up of the affairs OF the company in prop.
| er case This is consistent with the doc
| trine of most OF the cases as shown In 9
| rote in IS L. r. A.. 30. TO the effect that
| membership may continue for some pur
poses after notice OF withdrawal. though
| there is some dispute in the cases as TO thu
status OF such member.