The Kennewick courier. [volume] (Kennewick, Wash.) 1905-1914, 1905-05-19
.u,ptCiGl DECISIONS
enter works plant owned and op


county Commissioners vs.. Wellington
Tsn1. GO L. r. A. $50, to be exempt
<-om taxtion, and the fact that water
:. furnished by the city to citizens and
a,hor consumers at prescribed rentals
- hold not to affect the exemption. The
4.1ation es municipal water works is
The subject of note to this case.
The breaking Of a plate glass win
dow by the explosion of gas gener-
otod by the use Of gasoline to clean
clothes ia held, in worse VS.. New Jersey
plate Glass Insurance Company
uovo,. GO L. j.. A. S3S, not to be
caused by the blowing up Of the buDi-
ing. within the Laeaning of the insur-
once policy thereon which eXempts he
insurer from loss caused by the blow
ing up of buildings.
An ordinance subjecting one in DOS
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
,ot is held in Campbellsville VS.. Ode
walt Ky.), GO L. r. A. 723, to violate
a constitutional provision that absolute
and arbitrary power over the lives,
liberty and property of freemen exists
nowhere in the republic.
The fact that telegraph line is en-
caged in interstate commerce is held,
in Western Union Telegraph Company
ga. Taggart Qnd), 60 L. R. A. GIL, not
to prevent State tax on the value Of
that portion of the property which is
within the State, although the value of
tbe 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
fng by a 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, to be properly
enjoined, where such acts will destroy
or materially injure the spring Of
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, if properly
made, ought to wear, is held, in people
ex rel. North VS.. Featherstonhaugh On.
", go L. R. A. 76S, to place no illegal
burden on abutting property owners,
who are required to bear the original
cost of the paving, although the duty
to repair pavements is by statute
placed on the city at large.
The purchaser Of lot at sheriff's
sale, who has not obtained any pos
session or control Of the premises, ex-
cept such as arises constructively from
the delivery and recording Of the sher-
ifs deed, Is held, in Lincoln VS.. First
National Bank (Neb), 60 L. R. A. 923,
not to be responsible to the city, which
has paid a judgment for injuries re-
-ceived by one falling into negligent
ly constructed coal hole in front Of
such lot three weeks after the issu-
ance Of the sheriff's deed. and while
the former owner was still in posses
sion.
In distributing the loss upon build
ing, machinery and stock between in
surance policies covering all the items
for a gross sum and those specifically
liable on each item, all Of which pro-
vided that the liability should not be
greater than the amount hereby in
sured shall bear to the whole insur
ance" it is held, in Schmaelzle VS.. Lon
don & L. Fire Insurance Company
Comm, 60 L. R. A. 536, that the blan-
ket policies should be regarded as in
surfing each item to the entire amount
appropriated when it is reached,
making the adjustment item by item
in the order of greatest loss, If that
will work substantial equity and JUS
tice to all concerned, and deducting the
sums appropriated to the respective
items as they are adjusted and passed.