Holbrook argus., 1904-10-22
JUDICIAL DECl8lefNA

palities or to any method of classified tion that Is germane to the purposes
 of the enactment is held. in Riccio vs. Hoboken (N. J. Err. an,i App.), 63 l.. R, A. 4S5, to be unconstitutional as
 being local and special law provid- ing for the management and support of free public schools.
 One who has sold his property to combination and been placed in pos
 session as agent of the purchaser, iS held, in Gilbert vs. American Surety Company (C. 0. A 7th O), 61 L. R. A. 253. to have no right after years of service under that agreement to repu' diate the contract and reclaim tho
 property on the ground that the con
 tract under which the sale was effect
 ed was in restraint of trade.
 Evidence that subscribing witness.
 es to will who are out of the jurisdic- ton, and whose signatures have been
 duly proved, have made statements
 contradictory of the fact contained in the attestation clause of the will, and
 are of bad reputation for honesty and
 integrity, is held, in Farleigh vs. Kel- ley (Mont), 63 L. R. A. 319, to be ad- missible for the purpose of impeach- ing the effect of the proof of their sig natures.
 A corporation authorized to develop and use the water power of river,
 and generate electric or other power, light or heat and utilize, transmit and distribute 1t for Its own use or the use
 of other individuals or corporations Is
 held, in Fallsburg Power and Manu- featuring Company vs, Alexander (Va.), 61 l.. R. A. 129, to be for prl- vate and not a public purpose, and therefore not entitled to exercise the right of eminent domain.
 The owner of an electric streetca
 against whom suit Is brought by pas
 senger injured by the burning out of fuse, is held, in Cassady vs Old Col. ony Street Railroad Company (Mass.), 63 l.. R. A. 2S5, not to be entitled to an instruction that the doctrine of res
 ipsa loquitur does not apply where
 the evidence might justify a finding that the resulting flame was greatly in
 excess of what would have resulted
 had the fuse been in proper condition
 and the imperfect condition of the fuse
 could have been discovered by the use
 of reasonable care.
 A statute providing that wheneves
 persons desiring to remove any trac,
 of land from the corporate limits of
 the city shall petition for such remov.
 al, 1t shall be made, provided that
 after published notice the district court shall find that no public or pri. vate right will be injured or endan-
 gered, all considerations as to any right of the city or its creditors to look to the property for taxes being exclud. ed, is held, in Hutchinson vs. Leim-
 bach (Kan.) 63 L. R. A. 63O, to be un- constitutional, in that 1t attempts to confer . legislative power upon such petitioners.
 An administrator who at the time of his appointment was hopelessly in- solvent and who continued SO during all the time of his administration up to and including the time of his fnan cial settlement is held, In re Howell (Neb.). 61 |. R. A. SIS, to be entitled to turn ovel the evidence of his un- collectable 6ebt to his successor or other proper authority and to be dis charged from his official liability therefore. A note to this case reviews the authorities on liability of admins tration and his sureties for debt owing by the former to the estate of his in. testate where the administrator Is hopelessly insVlvent.