The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-10-15
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Grated by q city Il held, In Sumner
County Commissioners vs.. Wellington
CKan,l. 90 L. r. A. $50. to be exempt
from taxation. and the fact that water
is Furnished BY the city to citizens and
other consumers at prescribed rentals
IL held not to afsect the exemption. The
taxation OF municipal water works 10
the subject OF note to this case.
The breaking Of a plate glass win
dow by the explosion Of gas gener-
sted by the use OF gasoline to clean
clothes IL held. In Worse W. New Jersey
Plate Glass Insurance Company
Qowal. 90 L. II. A. s3S, not to be
caused by the blowing up Of the build
ing, within the meaning OF the insur-
ance policy thereon which eXempts the
insurer from loss caused by the blow
ing up OF buildings.
An ordinance subjeeting one in pos
session OF premises on which liquor is
sold. disposed OF. obtained or furnished
In violation OF law. 70 fine. whether the
act Is with hts knowledge or consent or
not. Is held In Campbelisville W. Ode
walt (EIy.), % l.. X. A. T23, TO violate
constitutional provision that absolute
and arbitrary power over the lives.
liberty and property OF freemen exists
nowhere In the republic =
The fact that a telegraph line II en-,
gagged in interstate commerce is held.
in Western Union Telegraph Company
VS.. Taggart (Ind.J. % l.. Il. A. 81. not
TO prevent a State tax on the value Of
that portion Of the property which il
within the State. although the value Of
the whole line as a unit Il taken Into
account In hxing such value, With
these cases Is an extensive note on cor
pOrate taxation aud the commerce
clause.
The draining. collecting and divert
ing by u land owner Of percolating wa
tiers on his premises for the sole pnr
pose OF wasting them Ii held. in still
water Water Company ~. FaFme'
(Siinn.l. 90 l.. X. A. SIS. to be properly
enjolned, where such acts will destroy
or materially inture the spring Of q
water company ahlch makes use Of
the water thereof for supplying the
people OF municipality with wutsI
for domestic use.
A provision In a street paving con
tract. requiring the contractor 10 main
tain the work for a period durini
which such a pavement. 10 properly
made. ought 70 wear. Is held, In people
ex rel. North vs. Featherstonhaugh ~
lY.l. ~ L. H. A. TBS, 10 place no illega
burden on abuttiug property owners
who are required 70 bear the ortgina
cost OF the paving. although the duil
to repair pavements Is BY statute
placed on the city at large.
/ The purchaser OF a lot at sheriff
: sale, who has not obtained any pos
> session or control % the premises. 81
eept such as arises cohstruetively frOu
the delivery and recording Of the sher
lR's deed. IL held. in Lincoln W. Ftrs
National Bank iSsb). ca L. Il. A o.
! not to be responsible to the city, whicI
: has paid a Judgment for injuries ~
:. eslved by one falling into a negligent
? IL constructed coal hole In front o
u such lot three weeks after the isat
a anee OF the ahaFiH'a deed. and Will
the former owner was still in posses
y aion.
A In distributing the loss upon a built
ing. machinery and stock between Il
n suranre policies covering all the Item
Il for a gross sum and those spselfcalI
e liable on each item. all Of which pr
- vided that the liability should not
n greater than the amount hereby II
sured shall bear to the whole insu
d anee" II 10 held. In schmaelzle W lot
= don 4 T.. Fire Insurance Compau
10 Conn. 60 l. II, A. $40. that the blhi
= ket policies should be regarded as d
surfing each item TO the entire am0ul
. unappropriated when IL Is reache
making the adjustment Item by tie
In the order Of greatest loss, u tn
viii work substantial equity aud ~
ties TO all concerned, and deducting u
sums appropriated to the respecti'
items ns they are adjusted and passe