The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-05-12
NOTES OF RECENT OPINIONS.

The practice of osteopathy is held, in
State VS.. MacKnight On. Co. 50 l.. r. A
1S7. not to be within the provisions of a
statute making the practice of medicine or
surgery without license misdemeanor.
Ovens, engine boilers and shafting placed
by tenant in a leased building for carry
ing on the bakery business with the inten-
ton of removing them. are held, in Baker
VS. McClurg Qil) 50 L. r. A. 1S1, to be
removable as trade fixtures.
Confining the right to act as agent for
foreign insurance companies to residents of
the State is held. In Cook VS.. Rowland
a. Ii 0 o to be ereges and
immunties of citizens Of other States.
A contract by the publisher of a news
paper to use ii in influencing the choice or
delegates and the action of a convention In
favor of a certain candidate for public office
is held, in Livingston VS.. Page (Vt) 50 L.
r. A. 1886, to be void as contrary to public
policy.
Trackmen charged with the inspection and
repair of the tracks and roadbed are held,
50 L. r. A 3O2, not to be fellow-servants
OF trainman so as TO absolve the master
from liability for injury to the latter by
the negligence of the former.
A contract by father releasing a railway
company from all liability for injuries to a
minor son while in the companys employ is
neld, in New VS.. Southern r. Co. (Ga) 50
l. r. A u.s. to be valid and binding to the
bility for negligent acts of itself and serv-
ants which are not criminal.
A street-car passenger who is elected from
car TO which he is transferred because of
a mistake not noticed by him in the trans
whom he paid his fare is held, in Lawshe
VS.. Tacoma r. & p. Co. OWash.) 50 L. r.
A $50. TO be entitled to recover substantial
damages from the company.
The full penalty described by statute
ing of railroad employee who is a member
OF the voluntary relief department Of the
railroad company, IL is held, in oyster VS..
Burlington Relief Department (Neb) SO L.
r. A. 29l, that the beneficiary named in the
certificate of such employe cannot maintain
an action against the railroad company on
such benefit certificate.
Adverse possession of part Of a strip of
land dedicated as a city street, and accepted
by the authorities as such, is held in Nor
rell VS.. Augusta Railway x Electric Co.
(Ga.) SO L. r. A 1O1, to give no title by
prescription. although such possession is I'M
der deed from the dedicator subsequent
to the deed to the municipality, and the part
so occupied has never been opened and
used by the city as a street.
The negligent jolting of train by which
passenger is hurled through the rear door
and left in an insensible condition upon the
track is held, in Southern r. Co. VS.. Webb
(Ga.) 50 L. r. A. 100. to be the proximate
cause of his death, where he is subsequently
run over and killed by an engine belonging
to another company which the first COM
pany knew had right to use the track and
was likely to use it at any time.
A railroad paymaster travelling upon
business of the company from station to sta
tion and stopping between stations for the
purpose of paying off employees wherever
they may be, is held, in Travellers Ins. Co.
VS.. Austin (Ga.) SO L. r. A. 107, not to be.
while so doing, a passenger" within the
meaning OF a policy of accident insurance
granting double indemnity TO the insured If
injured while riding as a passenger on a
passenger car using steam as motive
power.