The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-24
NOTES OF RECENT OPINIONS.

A railroad right OF way is held in South.
ern Pacific Company Hyatt (Cal.), 81
L. r. A. 522 TO be of such public nature
that title thereto cannot be acquired
against the company by prescription or the
running of the statute OF limitations.
A statute authorizing the State Board Of
Health TO revoke a PHYSICIANS license for
grossly unprofessional conduct likely to de-
ceive or defrsud the public, without fixing
any standard by which such fact shall be
determined. is held. in Mathews w. Muir
ply (Ky.), "a L. r. A, Ais. TO be void
Adverse possession OF a portion OF q rail-
road right OF way for a period exceeding
that designated by the statute OF hmita-
tons for the recovery Of real property Is
VS. Ely Cwash.). 81 l.. r. A. 90. 10 bar
right Of action to recover possession
thereof.
A masters liability for injury 10 a serv-
ant by defective tool furnished for his use
is held in Noble Bessemer Steamship
Company (Mich.). 81 L. r. A. $50, not 10
be defeated by tho fact that the defective
condition was known to fellow-servant
who procured the tool for use by himself
ana the injured one.
An injunction to restrain a representa-
tive of a labor union from enticing appren-
tees to break their contract and become
members OF the union, is held in Flaccus
VS. Smith (Pa.), "a L. r. A. $40. to be prop
erly granted at the instance of a manufac-
turer whose apprentices are under express
contract not TO Join a labor union.
p
sideration, a person will withdraw opposi-
tion to the granting of a pardon, and will
endeavor 10 induce the pardOning author
ity TO grant a pardon 10 one who has been
convicted OF crime. is held in Deering &c
Co. VS. Cunningham (Kan.), % J.. II. A, 40.
to be against public policy and void.
The amount of the bond 10 be executed
by a person making application for a II
cense to sell intoxicating liquors, which Is
fixed by statute is held In State VS.. Larson
(MirnD. 81 l.. r. n, 4s3. 10 be penalty.
and not i'm the nature OF iquldated dam
ages 10 be recovered as an entire sum in
case any OF the conditions Of the bond are
violated
A railroad company which fails 20 pro-
vide suitable rules and regulations for the
control and operation OF hand cars used by
bridge gangs I'm coming 10 and from a sta
ton TO places where they are engaged in
the repair and construction OF bridges is
held i'm Wallin VS.. Eastern Railroad Com
pany (Minn). 81 L. r. A, .4Sl, 10 be guilty
of negligence.
A mere general consent by "A member Of a
mutual benefit society that the constitution
Strauss VS.. Mutual Reserve Fund Loan
Association On. c.. "a l.. X. A. Go. 10 ap-
ply only 10 such reasonable regulations as
may be within the scope Of its original de-
sign. and not TO authorize changes which
will destroy the value Of his contract.
The right Of stoppage in transitu OF q
carload or lumber Is held In Brewer Ium.
Der Company VS.. Boston * A. Railroad
be lost by the storage OF the lumber by the
carrier for failure TO unload within the
time required by its rules. when the freight
charges remain unpaid. and the carrier has
made no agreement 10 hold the property
for the consignee.
The right 60 appropriate the water OF
spring which has no natural stream noMlfS
thcrefrom is held I'm Brosnan vs. Harris
(OreD. "a l. n. A. 62S. 10 exist under
statute providing that all oltehes con-
structcd for the purpose Of utilizing the
spring waters OF the State snail De gov
erned by the same laws as htches con-
structed for the purpose OF uuIzins the
waters Of running streams
In an action against a railroad company
and it's conductor for an injury caused by
the alleged negligence Of the conductor
verdict in favor OF the latter - held In
Doremus vs.. Root (Wash.). d l. X. a. so.
to preclude a judgment against the com
pany With this case II a note reviewing
he authorities as 10 Judgment In favor OF
emplOye as bar 10 recovery against en-
ployer for employees act or default.