The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1904-10-27
JUDICIAL DECISIONS

n water WoEks pant owned ana op
Grated by a city Is held. In Sumne
County Commissioners VS.. Wellington
(kan). 60 l.. II. A. $50. to be exemp
from taxation. and the fact that waite
Is furnished by the city TO citizens an,
other consumers at prescribed rentals
is held not TO affect the exemption. Tn,
taxation of municipal water works i,
the subject OF note TO this case.
I The breaking of plate glass win
dow by the explosion of gas gener
ated by the use of gasoline 10 clean
clothes is held. in Worse VS.. New Jersey
Plate Glass Insurance Company
uowa). 60 L. X. A. SIS. not TO be
caused by the blowing up of the build
ing. within the meaning OF the insur.
ance policy thereon which eSempts the
insurer from loss caused by the blow
ing up of buildings.
An ordinance subjecting one in pos
session Of premises on which liquor is
sold. disposed OF. obtained or furnished
In violation OF law. TO fine. whether the
act is with his knowledge or consent or
not. is held in Campbellsville VS.. Ode
walt (kyl, 60 L. X. A. T23. TO violate
constitutional provision thar absolute
and arbitrary power over the lives.
liberty and property OF freemen exists
nowhere in the republic.
The fact that a telegraph line is en-
gagged In interstate commerce is held.
in Western Union Telegraph Company
VS.. Taggart und.). 60 l.. X. A. Gal. not
TO prevent a State tax on the value OF
that portion OF the property which is
within the State, although the value of
the whole line as a unit is taken into
account in fixing such value. With
these cases is an extensive note on cor
porate taxation and the commerce
clause.
The draining. collecting and divert
ing by land owner OF percolating wa
tiers on his premises for the sole pur-
pose OF wasting them Is held. in Still
water Water Company vs.. Farmer
(Minn.). 60 L. r. A. S75, 10 be properly
enJoined. where such acts will destroy
or materially injure the spring OF a
water company which makes use OF
the water thereof for supplying the
people OF a municipality with water !
for domestic use.
A provision In a street paving con
tract. requiring the contractor to main
tain the work for period during
which such a pavement. IL properly
made. ought to wear. Is held. in people
X REL North VS. Featherstonhaugh IN.
~, 60 L. R. A 76S. TO place no Illegal
burden on AUDITING property owners.
who are required TO bear the original
,ost OF the paving. although the duty
o repair pavements is by statute
'laced on the city at large.
The purchaser OF a lot at sherir-s
ale. who has not obtained any pos
ession or control OF the premises. ex-
ept such as arises constructively from
be delivery and recording OF the sher-
rs deed. is held. In Lincoln vs.. First
,ationai Bank (Neb.). 60 L. r. A. 923.
OF TO be responsible 10 the city. which
as paid a judgment for injuries re-
eived by one falling into a negligent
r constructed coal hole in front OF
lch lot three weeks after the issu-
nee OF the sherifrs deed. and while
le former owner was still In posses
on
In distributing the loss upon build
g. machinery and stock between In .
france policies covering all the items \
IT a gross sum and those specifically !,
able on each item, all OF which pro- n
ded that the liability should not be a
eater than the amount hereby In
lred shall bear TO the whole insur- a,
ice" 1t Is held IN Schmaelzle vs. Lon A
N & L. Fire Insurance Company q
onn.). go L. r. A $50. that the blan- n
t policies should be regarded as in Il
ring each item TO the entire amount n
when It Is reached, ri
aking the adjustment Item by item
the order OF greatest loss. IL that 10
II work substantial equity and jus W
e to all concerned. and deducting the u,
ms appropriated to the respective w
ms as they are adjusted and passed. W