The Caldwell tribune., 1904-06-18
JupIclAl pEclaloMa.

+ Z.
a statute giving attorneys 4 lien an.
ms cause Of action for their ices n.
cults instituted by them is held in
1ompkins ys. Nashville, q. a st 4.
~. tTenn.) 81 L. r, A. $40. mot to de.
prlVe the plaintiff Of the right TO dis.
miss the suit against their viii. or en-.
ute them TO be made parties with
the right to prosecute the action 10 oro.
tect their own interests.
Injuries caused by the widen,ne AZ
the canal are held, In Mullen Va. Lake
Drummond Canal and w. Co. IN. el.
81 1. r. A. SS3. not to be included IN
the original condemnation Of the right
OF way for the canal 20 as to prevent
the subsequent recovery Of damages
for them. The other cases ON the CON.
sfruction and operation Of canals ara
collated In an elaborate note to this
case. s..,.
The Endorsement by the principal of
check given In part payment Of the
purchase price OF land is held. In
thompson VI. New South Coal Com.
pany (Ala,), 60 L. r. A. gs1, not to be
Q Sufnctent subscription Of the contract
to make 1t binding on him, where IL
was made by An agent not having suf.
ncient authority to bind the principal,
although the check was attached "a
the contract.
A plan By voluntary association OF
merchants engaged in selling proprie
tary medicines, adopted by manufac
turers Of them, looking to the mainte
nance Of prices. by which the manu-
facturerS should sell at Axed prices
with a rebate only to concerns whe
could be relied on to maintain the sell
ing price, 10 held, In John D. Park &
Sons Company w. National Wholesale
Druggists Association N. ~, 62 L
r. A. eS2, not to be void az creating {
monopoly or in restraint Of trade, o.
AZ against public policy.
That repairs promised by an en-
ploysr to be made upon a defective
machine 1.-The fore part Of the follow
ing week" had not bean made b,
Wednesday iS held, in Rice vu. Eureka
Paper Company IN. ~. 90 L. r. A
GIL, not to deprive an employe WIN,
complained Of the defective condition
Of the machine Of the benent Of tn
rule that an smplOys who continue
work In reliance on the masters prom
Use to repair does not assume the risl
., Of defects during the reasonable tm
allowed for making the repairs.
A passenger going upon railroa,
, train 10 held. In Kansas City, For
, Scott & N. B. Company vs. Littl
, (Kan.) 81 L. R. A. 1872, to have a righ
! to rely upon the representations Of
! local ticket agent that such train wi
= stop at certain point to which he ha
!. purchased ticket and desires to ride
and the company Is held to be liable
he 10 compelled to leave the train b.
| fore reaching his destination, becaus
, by the general rules Of the company
unknown to the passenger. ouch trai
lS not scheduled to stop at such sts
ton.
{ An insurer against employers lii
= bility, whose contract gives it the rigt
to defend against suits by employs
q against the assured, and which, aftG
q a judgment In excess of the insuranC
has been obtained against the assure'
! agrees to perfect an appeal. is held.
e Getchell & Martin l. and Mfg. Con
t pany VS.. Employer Liability Assn
ance Corporation Qowa), 50 L. 4. /
Y GIT, not to bO liable for negligent
s falling to do 90, whereby the judgmeI
s Is affirmed, in the absence Of anythin
to show that the judgment was erron
+ Gus and that the plaintiff could NJ
,. have succeeded on a second trial. Wit
u this case is g note ON liability involve
y In the exercise Of the right to contr
, or carry on litigation in the name
another party.