The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-08-25
NOTES OF RECENT OPINIONS.

Requiring citizens to become members of
drainage districts and share the expense of
drainage against their wills is held, in
Mound City l.. and s. Co. VS.. Miller (Mo.),
60 L. r. A, 1870, not to make a drainage law
unconstitutional
Negligence committed by a servant in the
course of his employment, although he acts
without the knowledge or contrary to the
known wishes of his master, Is held, in
Weber VS.. Lockman (Neb.), 60 L. r. A, 313,
to render the master liable.
A statute making the penalty for attempt
one-half that prescribed for the commission
(Cal.), 60 l.. r. A, 27O to be void, for un-
certainty in cases where the penalty for
the offense is Imprisonment for life
A combination Of the manufacturers Of a
product of State, the market for four-fifth
of which is found in other States, to limit
production and raise the price is held, IN
Gibbs VS.. McNeely &C. c. App. 9Th c., 60
L. r. A, 152, TO be violation of the anti
trust act of July 2, 1890.
Words spoken by witness in a judicial
proceeding concerning stranger To the suit.
which are pertinent to the issues involved
and fairly responsive to questions PROFOUND
ed to him. are held, in Cooley VS.. Galyon
(Tenn), so L. r. A, 1885, to be absolutely
privileged. Notwithstanding actual malice.
A railroad company is held, in Euting VS..
Chicago & n. w. r. Co. (Wis.), 60 l.. K. A,
15S, TO be liable for the act of it's engineer,
in whose custody II has placed signal tor
gerous proximity to bystanders and moving
the engine over it for his own amusement,
in consequence of which one of the bystand-
ers is injured.
A landlord is held, in Pittsfield Cotton
wear Mfg. Co. VS.. Pittsfield Shoe Co. On
HI, 60 l.. r. A, 49, not to be relieved from
liability for injury to tenants of a lower floor
by the freezing and bursting of an auto
building retained by him by the fact that
he has employed an independent contractor
to keep the building heated
One participating in charivari of a we'd
ding party is held, in Gilmore VS.. Fuller
Gid, so l.. r. A, 2S6. to have no right 10
recover for injuries inflicted by the negli-
gent discharge of pistol by copartici-
pant, where the statute imposes fine upon
whoever disturbs the peace of family or
neighborhood by loud and unusual noises, or
disturbs any assembly of people met for a
lawful purpose.
Authority to condemn the right to con-
struct a telegraph line along a railroad right
of way is held, in FIT. Worth * r. G.. r.
Co. VS.. Southwestern Teleg. and Teleph.
Co. (Tex.), 60 l.. X. A, las, TO be conferred
by a statute permitting the condemnation
of any lands, whether owned by private per-
sons in fee or in any less estate, or by any
corporation, whether acquired by purchase
or by virtue of any provision in the charter
of such corporation.
Power to condemn property injured by a
sewer system Tor temporary period neces-
sary to perfect some other method of dispos-
ing of the sewage is held. in Waterbury VS..
Plat Bros. * Co. Comm, 60 l.. r. A. 211,
not TO be conferred by general authority to
construct sewers and acquire. by eminent
domain, the property necessary for that
purpose. With these cases is extensive
note reviewing the authorities on procedure
for the establishment of drains and sewers.
statute making a railroad company liza
BILE for injuries to servants through the neg
ligence of fellow-servants is held in Gala
han VS.. st. Louis Merchants Bridge Termi-
nal r. Co. (Mo.), 60 l.. r, A, 249, not TO
violate the equality clause OF the federal
Constitution. although Ii does not confine
such liability TO acts performed in the OPP
Grafton of trains, but extends il 10 risks SIM
liar TO those incurred by the employees OF
persons or corporations engaged in other
lines of work.