The Birmingham age-herald., 1904-07-31
NOTES FOR LAWYERS.

The enforcement of contract by cus- tom shirt maker, upon selling the good will of his business, not to be connected with such business again within the state for period of ten years in competition with the purchasers is held, in Swigert vs. Tilden Qowa) 6S L. R. A. eos, not to be contrary to public policy. where the cus- toners had been secured by soliciting or ders in all parts of the state.
 The constitutional provision for an im- partial Jury is held, in State vs. Stentz i (Wash) 63 L. R. A. S07, to be violated In a prosecution for mansaughter by reck- lessly driving over traveller on the highway, by permitting thereon a witness who, to the knowledge of the prosecuting attorney, knew that accused was reck- lessly driving on the highway immediate ly preceding the commission of the of- fense, a short distance from where it was committed The question of the effect of personal knowledge of facts to be proved on the competency of a juror is consid- cred in a note to this case.
 The measure of damages where the negligent delay of a telegraph company
 
 loss of sale of corn at a price above the market value at the tima and place 1t would have been delivered had such a sale been made, is held in Western U. Teleg. Go. vs. Nye & Schneider Grain Co., (Neb. 63 l.. R. A, S03, to be the difference in value between the price the corn would have brought had the sale been made and the market value of the corn at such time and place of delivery, although 1t was finally disposed of at higher price.
 The condemnation of private property for the erection of public mills and ma chinery generally without anything to show what is meant by a public mill or anything to give the public any interest In a mill after it is erected, Is held. in Gaylord vs. Sanitary District (Ill.) 63 L. R. A 5S2, to be beyond the power of the legislature.
 That particular use will be of benefit i to the public Is held, In Healy Lumber Co. vs. Morris (Wash.) 63 L. R. A. s2o not to be. alone. sufficient to make 1t a public use, within the meaning of a con stitutional provision that private property shall be taken only for public use.
 Equity Is held, in Hall vs. Henderson (Ala.) 63 L. R. A. 673. to have no original
 
 creditor, to coerce the payment by stock holders of their stock subscriptions. and to subject them to the payment of iudg- ment against the corporation after return of no property found. The other authori- ties on equitable remedy to subject chooses In action to judgment after return of no property found are reviewed In an elabo- rate note to this case.
 Evidence of the conduct and behavior of bloodhounds after being set upon the trail of a fugitive criminal is held. in Brott vs State CNeb) 63 L. R. A. 7Ss, not to be admissible for the purpose of prov ing that the scent of the accused and the scent of the person who perpetrated the crime are identical
 That a storage company received pos session of trunk Is held, in Young vs. Seattle Transfer Go. (Wash.) 63 L. R. A. 9ss. not to be shown by evidence that in response to a telephone message the person answering the call for the com pany's number claimed that he represent ed the company, and. In compliance with a request communicated to him. an ex- pressman called at the designated house and took away the trunk. SO as to render the company liable for It's loss.
 The owner of boiler is held. in Ander- son vs. Hay Mfg. Co (Pa) eS l.. R. A. 540 not to be liable to owners of adjoin- ing property for injuries caused by its ex- plosion through the negligence of persons selected by him to inspect and repair it. where the persons selected to do the work are competent and he is not aware of negligence in the performance of the duty.