The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-11
NOTES OF RECENT OPINIONS.

In case or the death OF TWO persons In a
common calamity 1t is held, in United
States Casualty Company VS.. Racer (Mo)
IS l.. r. A, 436, that there is no presumption
of survivorship.
A locomotive engineer is held. in State
ex rel 1. &. l.. Grocery Company VS.. Land
Qa) 5S l.. r. A, 407, not to be laborer
within the meaning of a statute exempting
the wages of laborer from seizure.
For butcher to sell meat to his custom
ers the Lords day is held, in Arnheiter
work of necessity or charity" within the
exception of a statute forbidding any per-
son to pursue his business or work on the
Lords day.
A telegraph company which. upon order
by telegra ph issues and delivers its check
by mistake 10 the wrong party, is held, in
Burrows VS.. Western Union Telegraph
Company CMinn.) 5s l.. r. A, 433, to be
liable in the amount thereof to an innocent
purchaser for value.
The owner of a dwelling house. which he
himself occupies as a home, is held, in
Swift VS. Broyles (Ga.) IS l.. r. A, 800, to
be entitled to just compensa ton for the
annoyance and discomfort occasioned by
noxious substances sent out into the air
by the maintenance of chemical works on
adjoining premises.
An act providing for the deduction of a
percentage from the salaries of public
school teachers to provide a pension fund
for their benefit is held, in Hubbard VS..
State ex rel. Ward (Ohio) IS l.. r. A. 654,
to be unconstitutional either for lack of
uniformity, or as taking of private proper
ty from one citizen for the benefit of an
other.
If one in charge of an electric car, see
ing that a horse is frightened by the APP
proach of the car, and that its driver is in
danger, continues to sound the gong or
ring the bell. and further frightens the
horse and causes IL to run away the car
company is held. in Oates VS.. Metropolitan
Street Railway Company (Mo.) IS l.. r. a.,
TO be liable for the injuries thereby caused
to the driver.
A statute exempting to married men or
heads of families their earnings for per-
sonal services rendered within sixty DAYS
next preceding the levy of execution, by
garnishment or otherwise. being reasonable.
and directed to the remedy, and not the
right. is held. in Kirkman VS.. Bird Utah)
IS l.. r. A, 669. not to be an unconstitu-
tional impairment of the obligation of con-
tracts entered into prior to its passage.
A plaintiff in pending action for penal
ties allowed by statute is held, in Cleye-
land. Columbus. Cincinnati ST. Louis
Railway Company VS.. Wells (Ohio) IS L.
X. A, G51, to have no such vested right in
such penalties before the recovery of a
constitutional as to him the repeal and
amendment OF the statute when il is pro-
vided in, the amended statute that il shall
apply to all actions pending.
The act of an employee in charge of a
gravel train, who. after having tried in
the end of the train by warnings and
threats, catches one of them and lectures
him, is held, in Palmisano VS. New Orleans
City Railway Company La.) IS l.. r. A,
405. not TO render the master liable where
the child. upon being released. runs blind
ly in a direction converging with that of a
coming car, and collides with the car. and
is injured-s