The Birmingham age-herald., 1905-01-08
NOTES FOR LAWYERS

A competent person who undertakes to construct the brick work on a building with his own employees and according to his own discretion is held, in Richmond vs. sitterding (va) 65 L. R. A. 445, to be. as to such work. and independent cons tractor. for whose negligence the ownef of the building is not responsible.
 One who contracts for the sinking of shaft cn his property. agreeing to fur- nish the necessary tools, including a hoist" while the other party Is to fur- nish the labor, is held, in Central Coal and Iron company vs. Grider (I<y.) 65 L.. R. A. 455, not to be liable for an injury to an employe through the breaking of a rope used on the hoist, which is suf- flcient when furnished, but is allowed by the contractor to become defective. With these cases is an extensive note collat< ing all other authorities on what persons are deemed to be independent contrac- tors within the meaning of a rule reliev- ing employer from liability.
 One who contracts to construct bridgd abutments according to plans and speci- ncations already prepared for one who has taken the contract for the construc- ton of the bridge is held, in Salliotte vs. King Bridge company e. C. A. 9th C.t 6o L. A. R. 620. to be an Independent con- tractor, for whose acts the employer is not responsible, although his agent ex- ercises some kind of general supervision for the purpose of seeing that the work Is done according to the contract The au- thorities on the general rule as to ab- sence of liability of employer for torts of independent contractors are reviewed and discussed in a note to this case.
 
 municipal corporation Is held, in Cans ton vs. Canton Cotton Warehouse cons pany (Miss) 65 L. R. A. 561, to have no such title to the fee of It's streets as en- titles 1t to claim compensation from a. railroad company which by virture of a legislative franchise, occupies a portion of street for @ crossing.
 A small boat used for the common car- riage of passengers for hire, and having; neither sleeping apartments nor places for meals is held in People vs. Bernard (Mich.) 65 l.. R. A. 659. not to be a dwell- ing house, so as to justify the forcible resistance of an officer who attempts to enter 1t to serve process, although a seat in the boat is used for a sleeping plac8 by the person in possession of the boat.
 A patent on a bogus-coin detector for use on self-operating vending machines is held in Fuller vs. Berger ( c. c. A. 7th C.) 65 l.. R. A. 381, not to be void for want of utility in the device because 1t has been used only in connection with ambhng appliances, whero 1t is equally capable of use on machines used for leg- itimate purposes.
 That injury to one attempting to drive a horse across railroad track would not have happened but for the unsnapping of a line is held in Hinchman vs. Pere Mar- quette Railroad company CMich) 65 L. R. A. 553, not to relieve the railroad conn- pany from liability for the injury if the, horse was frightened by defendants neg iigence, and the unsnappipg of the line was caused by its rearing because of the fright.
 The right to declare a contract made On Sunday void because opposed to pub lie policy is denied, in Rodman vs Rob inson (N. C.) 65 L. R. A. 6S2
 Users of water from a ditch or canal are held, in Hard vs. Boise City I. 6 L. Go. Qdaho) 65 l.. R. A. 407, to be entitled to sell and transfer the right to use such waters. and the purchaser Is held to have right to transfer 1t to other lands un- der the ditch or canal. so long as the change of places does not interfere with the rights of others. The transfer of the right to use water for irrigation is con- sidered in note to this case.