The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-17
August Lannoy. Blackford C. C. Appel
lants' brief 81
NOTES OF RECENT OPINIONS.

A municipality and an abutting property
owner are held in Dutton VS.. Lansdowne
CPa.), So l.. r. A, 469, not to be properly
joined as defendants in an action to re-
cover damages for injuries caused by a de-
fective
An assessment for a local improvement
upon abutting property according TO 'front.'
age is held, in Ramsey County VS.. Robert
P. Lewis Company Minn.), SO l.. r. A,
421, not to be unconstitutional as a taking
of property without due process of law.
Contributory negligence, however slight,
street car, is held, in Tesch VS.. Milwaukee
Electric r. and l.. Co. CWis.), % l.. r. A,
61S, to preclude his recovering from the
street-railway company on the ground of
negligence.
business, binding the partners not to en-
gage in business again within a certain
distance of the old stand, is held in Love
VS.. Stidham I'd. c. App, SO l.. X. A, 3S1,
to be broken by one partners so engaging,
so as 20 render him liable for the breach.
An ordinance limiting the height of bill.
boards TO six feet unless permission to ex-
coed that height is expressly given by the
common council is held in Rochester VS..
West IN. W, 90 l.. r. A, 54S, not TO be un-
reasonable or an undue restraint on a law
full trade or business, or upon a lawful and
beneficial use of private property.
An ordinance forbidding the keeping of
any inclosure in or connected with any
room where intoxicating liquors may be
SOLO Dy a licensed dealer, winch is or can
by any ingenuity or p~retense be used as a
lounging or drinking place, or for any i'm
moral purpose, is held in State VS.. Bardge
(Minn.). SO l.. r. A, 42s, to be reasonable
and valid.
The reservation by a municipality, in let
ting a sewer contract, of the right to
change. inspect and supervise is held, in
Up%pingtOn VS.. New York IN. W, SO l.. r.
A, $50. not to render it liable for negligence
of the Independent contractor, provided the
plan Is reasonably safe. the work is law
full, and there is no interference Herewith
by municipal officers.
A federal statute providing for the pun
lshment of everyone who prevents another
from exercising the right of suffrage to
whom the right is guaranteed by the ff-
United States &C. c. a. 9th CT, IS l.. r. A,
$50, TO be void in its application to State
elections. With this case is q note review
ing the authorities as to federal control
of elections.
An employe of a passenger railway COM
pany who accepts transportation from the
company as a mere g~ratuity and not in
consideration of his services is held in Pc
terson VS.. Seattle Traction Company
(Wash.). SO L. r. A, $50, TO stand like any
one else travelling on a free pass condi-
toned that the user shall assume risk of
injury, Notwithstanding the transportation
would probably not be bestowed in the alb
sence of the employment.
A locomotive fireman who. after com
planning of the absence OF a shield on the
glass indicating the oil supply for the CYL
inder, the presence of which is necessary
Tor his safety, and receiving the engineers
tion where the shield can be procured. and
proceeds on a trip, knowing that the prom
ise has not been and canno be fulfilled
until the return, is held, in Albrecht VS..
Chicago x n. ". r. r. Co. (Wis.), So L. r.
A. S5S, TO assume the risk of injury from
its absence.