The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-24
NOTES OF RECENT OPINIONS.

The mere fact OF an explosion OF gas in a
sewer is held. In Fuchs VS.. ST. Louis tMo.).
81 L. r. A, 136. not to be sufficient to charge
the municipality with liability for the in
jury caused thereby.
The owner of an option which maturee
on holiday is held. in Page VS.. Shainwald
IN. W. 81 l.. r. A, 173, TO have no right to
exercise the option on the succeeding day.
where the statutes make no provision for
the suspension of general business on the
holiday.
An ordinance requiring bicycle riders to
carry lamps is held, in Des Moines VS.. KEEL
Ter Uowa) 81 L. r. A. 2i3 not 10 be un-
constitutional as infringing the equal priv
ileges and immunities OF bicycle riders
because not applying to other silently rune
ming vehicles.
A county treasurer and sureties on his
bond are held: I'm Thomson VS.: Hall Coun-
ty (Neb), 81 L. r. A. 800, to be liable for
the loss Of money by the failure OF a bank
in which IL was deposited for safe-keeping.
in good faith. in the belief that the bank
was solvent.
A declaration by a motorman running an
electric car, in regard TO the cause Of the
accident. made while the car was still on
the body of child whom 1t had run down.
& r. rec Co. CW. Var s. L. R. A. iss. to be
admissible In evidence as q part Of the
res gestae. in an action for the injury.
bank falsely certifying that an .nsur-
ance company has its authorized capital on
deposit. for the purpose of inducing the In
surance commissioner TO grant IL a license.
is held, in Hindman VS.. First National
Bank &C. c. A. Sixth CD. 81 L. r. A. 10s TO
the purchase of the stock in reliance
thereon.
Keeping the keys for FIVE days after the
expiration OF a monthly period. and remain
ing In possession of the leased property for
the purpose of cleaning up rubbish. after
the refusal of the landlord TO accept the
keys at the expiration of the month. are
held. in Byxbee va. Blake Comm, 81 L r.
A. 222, to render the tenant liable for an
other months rent.
containing any preservative other than salt.
sugar spirituous liquors I'm specified
cases. or the sale OF preservatives for such
use. is held, In People VS.. Bisecker On. ".
81 L. r. A. u.s. to be beyond the power OF
the Legislature when the use of preserva-
tives is not declared TO be an adulteration
and the statute is not aimed at adultera-
ton generally.
A carrier is held in United Railways a
Electric Company VS.. Hardesty (Md), 81
l.. r. A, 275, not 10 be obliged 10 honor
coupon from a Communication book OF
tickets intended for passage between desfg-
are not good unless detached by the con-
ductor." when the coupon has been de-
tached by the commuter and the book left
with a member OF his family so that IL IL
not present when he tenders the coupon in
payment of fare.
retail dealer in musical instruments is held.
I'm Oliver Ditson Co. rs. Bates (Mass), 81
l.. r. A. 2s9. not to be estopped TO
claim IL from one who first hired and then
purchased IL from the retail dealer who
held IL only under a lease providing that
IL should be kept in the purchasers house.
although the lessor failed to notify such
purchaser OF his claim TO the instrument
the latter bought and paid for IL. believing
IL TO belong TO the retail dealer.