Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-05
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EImportant Decisions;
REPAIR OF BRIDGE.

Plaintiff contracted with defendant
city to repair u bridge, the contract
providing that plaintiffs compensation
should be a certain sum per Thousand
feet for the lumber used, and that mo
work should be begun until material
for at least one-half of the repairs
should be upon the job. In compliance
with this requirement, PLAINTIFF dlstri-
buted lumber along the bridge, and had
used a part OF 1T in making repairs,
when the bridge and all the lumber was
destroyed by fire. Held, that plaintiff
was entitled to recover for the lumber
which had been used, but not for that
which had not. Young VS.. Chicopee, ~
N. E., GO (Mass.).
WILLS-CONSTRU
Testatrix, domiciled In Nova Scotia.
gave to her daughter-in-law$ $4,000, TO
he free from the control OF husband
and son, and declared II request
that she shall at her death give the
same to her two daughters, and pro-
vded that the receipt of the daughter
in-law Shall be a sufficient discharge"
to the executors. She devised real es-
tate to n son, and specified sums TO
another SON and a granddaughter alb
solutely. She made no provision aus to
the receipt of these legatees. She also
made bequest to two grandsons and
provided that If they, or either of them,
should not have arrived at the age OF
II when the executors were ready TO
pay the legacies, the executors were
authorized to accept the receipt OF the
parent of these legatees. Held, that by
the law of Nova Scotia, which Is the
same AIS that of England. the daug'h-
ter-in-law held the $4,000 with the
right to use the income for life, and
that the principal was charged with a
trust in favor of her two daughters, the
word request" being mandatory. Nc
Curdy VS.. McCallum, 70 N. E., rs
(Mass.).
BUILDING CONTRACTS.
Complainant took title to certain real
estate to enable an insolvent contrac-
tor and builder to procure loan to pay
Cor the erection of improvements there
on. The only consideration for the
deed was a stipulated sum as payment
for the service. In the course Of erect
ing the improvements, the complain
ant became personally liable for debts
incurred by the contractor, who finally
other person, and to protect the COM
plainant the deed required the grantee
to assume the payment of existing
mortgages, liens. taxes and claims of
any and every description. The gram
tee was a bookkeeper In the employ OF
the defendant, who was the beneficial
grantee, and there was no considera-
ton for the transfer. subsequently
the property was conveyed Wthout
slderaition to the defendant. the
deed reciting that the defendant as
sunned the payment of membranes OF
record on that date. The complain
ant has taken for his protection, be-
fore his transfer Of the property an
indemnifying mortgage on the prop
erty from the contractor. Held. that
complainant was entitled to maintain
bill in equity against the defendant
on behalf of himself and others hav-
ing claims against the property arts
ing out of the transaction, who des1r-
ed to join in the suit to enforce such
payment on the defendants refusal to
make them. Gage VS.. Cameron, " N.
E., 204 Gll).
PERSONAL INJURIES.
Plaintiff was riding in a buggy, sitt-
ing on the left side, next to the street
car track. A car approached from
the rear. the horse became frightened,
and plaintiff jumped from the buggy
with the intention Of getting the horse
by the head and holding him while the
car passed. AS, or Immediately after
she Jumped from the buggy she was
struck by the car, and was injured.
Action was brought against the street
car company for damages. Held, that
nlaintiff was not, as a matter Of law,
guilty of conltributory negligence in
Jumping from the buggy. McVean vs.
Detroit United Railway, II D. l.. N,
s62 (Mich)