The Birmingham age-herald., 1905-10-08

A building having above the first floor a restaurant kitchen containing three em- ployes is held in Carrigan vs. Stillwell (Me) 6S L. R. A. 3S6, not to be within the meaning of a statute requiring fire escapes upon buildings in which any trade manufacture or business is carried on." requiring the presence of workmen above the first floor.
 Offering worthless bill in satisfaction of an obligation, with a request for change, Is held, in Con- vs. Beckett (ky) 6S k. l.. A. 63S, to be within statute providing for the punishment of any )ne who, by false token, with intent to com init fraud, obtains money or property, although it is not expressly stated that the bill is d good one.
 Failure of police officers having charge of the holder of an accident insurance policy to protect him from assaults by other persons is held, in Jarnagn vs. Travellers Protective association e. C. A. 9th @ 6S l.. R. A. 499. not to take his killing by them out of provision in tn, policy that no recovery can be had upon it In case of death from intentional in- juries inflicted by insured or any other pogson
 The right to the use of steam from the landlord s plant to heat water and warm ing tables is held, in Slack vs. Knox Qll) 6S l.. R. A. 606 not to pass to the lessee under a renewal lease which does not mention 1t, where the first lease was un- der seal, and the right claimed was ac- quired under an oral contract made for separat consideration after the ls Ice Was | executed.
 1 Authority to confess judgment contained | in power of attorney attached to a lease | for any rent that may be due by the | terms of the lease is held, in Weber vs.
 Powers Qll.) 6S l.. R. A. 610, not to extend to rent accruing when the lessee Is hold ing over after the expiration of the lease. The right of a tenant to cut for fire
 wood trees planted to meet some special purpose of the landlord, or to cut trees
 growing in their native state. Is denied
 in Anderson vs. Cowan Qowa) 6S l.. R. A.
 GAL unless they are such as are custom arily cut down for that purpose note to this case collates the other authorities on right of tenant to cut wood for fires
 or fences.
 A bowling alley Is held, in Williams vs
 Vincent (kan.) 6S L. R. A. 634, not to be
 exempt from seizure and sale on execution .
 trade or business.
 The liability of a master for the negi-
 gence of his foreman in designating from
 among several competent employees help
 CT for another servant. merely because he was not as competent as one who
 might have been designated, and who was
 asked for to assist on the particular job, Is denied in Hilton vs Fitchburg Rail- road company( N. H.) 6S l.. R. A. 42S l Failure of the owner of building tu
 comply with an ordinance requiring fire proof shutters on all brick buildings with in the city limits, is held. in Frontier 1 Steam Laundry company ,vs. Connolly (Neb.) 6s L. k. A. 425. not to be such neg ligence as will render him liable to per sons whose goods were In his custody as l bailee and were destroyed by fire com 1 municated to the building through the un- 1 protected windows.
 1 The right of plaintiff in a suit to enjoln | the maintenance of nuisance, and for damages. to have the questions as to the | existence of the nuisance. and the amount l of damages, tried by jury Is declared in Chessman vs. Hale (Mont) 6S L. R. A. | 40.
 A judgment against the principal on q proiiilssory Hote IS heiu, III Neison Vs' | Webster (Neb.) 6S l.. R. A. 5i3. not to be extinguished by it's payment by the sure ] ty, who takes an assignment thereof to himself for the purpose of enforcing it | against his principal, and the surety is held to be entitled to collect 1t by issue
 of execution against the principal. An
 extensive note to this case reviews all the other authorities on extinction of judg-
 ments against principal by sur>ties' pey- ment.