The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-08-22
POINTERS FOR LAWYERS.

That the purpose of taking land by
merely to reach a particular industry
and connect 1t with the markets along
the road, is held, in Re Chicago & N. w.
r. Co. (Wis.) Sc L. r. A 24O, not to
it to be a public one, for which the
power Of eminent domain may be en-
ployed.
Account books of one charged with
having obtained money by false pre-.
lenses are held, in Blum ". State (Md.)
Sc L. r. A. 1922, not to be admissible in
evidence against him, under the rule
against himself, although they had been
voluntarily turned over to receivers ap-
pointed by the court in a proceeding to
which the accused consented.
A farm occupied as a homestead is
held, in Battey v. Barker (Kan.) Sc L.
r. A. SO. upon the death of the owner,
who died intestate. leaving a daughter
twenty-seven years old as his sole heir,
who continues to occupy the land, to be
subject to sale for the debts of the de-
cedent. With this case is a very extern
siva note reviewing authorities on rights
of child or children in homestead Of
parent.
A husband who refuses to permit his
wife to live with him is held. in Kirk
v. Chinstrand (Minn.) Sc L. r. A 1893.
to be chargeable with her maintenance
and support and not to be relieved from
liability by showing that. he had pro-
cured board and lodging for his wife
with a person with whom she refused to
live, since she has the right to select her
own home.
The words total loss" in a fire insur-
ance policy are held in Northwestern
Nut. L. ms. Co. v. Rochester German
ms. Co. (Ninn.) Sc L. r. A. 108, when
applied to building to mean total des-
truction as a building, and there can be
no total loss so long as remnant of
the structure left standing upon the
foundation is reasonab bly, and safely
adapted for use as basis upon which
|, to restore the building to the condition
in which it was Immediately before the
fire.
A provision in an insurance policy.
that If policy holder, in case Of for
fixture for failure to pay assessments.
shall afterward pay the amount due
from him, the policy shall be holding
amount" is held in Johnston v. Phelps
County Farmers Nut. ms. Co. (Neb }
Sc L. r. A. 127, to prevent receipt Of the
amount of the delinquent assessment
from operating as waiver offorfeiture.
if at the time of such receipt any of the
insured property remains in existence
to which the revived insurance may at
tach.
"A cOnOlI1On IN pOucy 1nSur1nR q
building against loss or damage by fire
which purports to give the insurer the
option TO rebuild in case of total loss,
| is held IN Milwaukee Mechanics ms
| Co. v. Russell (Ohio) Sc L. r. A. 159, to
! be repugnant to a statute providing
that in case of total loss the whole
amount mentioned in the policy shall be
| paid.
The owner OF a life insurance policy
having agreed to pay a city for support
| furnished him out of it's poor fund the
city is held. in McQuillan vs. Mutual
Reserve Fund Life Asso. (Wis) 5S I.
| r. A. z23, to be his creditor for the value
| of the support furnished.s within the
meaning of a clause in the policy pro-
| viding that, in case of its assignment to
a creditor. 1t shall be valid only to the
amount of his claim.
An injury caused by fall from the
steps of a moving train is held In Smith
vs. Aetna L ms. Co (Iowa) Sc L r. A
I'll, to be covered by an accident insur-
ance policy If the injured person did no,
intend to alight. but inadvertently die
! so by attempting to descend to anothe,
step which he enormously supposed wal
below the one on which he was stand.
| ing.
The owner Of an apartment house
| who rents the apartments and retains
control OF the common stafrways. /.
held in Mckinley vs. Alliance Trust Co
lMo) 90 L r.. A. 1884, to be liable for in
jurtes to a member OF tenants famil,
caused by stair railing which was de