The Birmingham age-herald., 1905-10-22
NOTES FOR LAWYERS

A citizen whose property is destroyed by fire because of the failure of the water works company to keep fire hydrants in good condition, as required by it's contract with the city, is held, in Allen & c. Man ufacturing company vs. Shreveport Wa terworks company La) 6S l.. R. A. 6oO, to have no right of action against the company to recover for such loss.
 Residents of a school house neighbor- hood who contribute money for the erec- ton of building, to be built by individ- ual contributions, for the use and benefit of the people of the neighborhood in or der that private school may be taught there when subscriptions for that pur- pose can from time to time be raised, the title to the building being vested exclu- sively in the people of the neighborhood, are held, in Lomax vs. Phillips Ia) 6S l.. R. A. 661, to have no right to sue to , recover individual damages to themselves against one who malicously tears down and removes the building.
 Keeping a hotel Is held, in United States Hotel company vs. Niles (C. C. A. 9th O. 6S L. R. A. 588, not to be trading, or a mercantile pursuit. within the meaning of a statute permitting the institution of in voluntary bankruptcy proceedings against corporations principally engaged in trad ing or such pursuit
 Failure to present and give notice of dishonor of a note given as collateral se curity to another is held in Coleman vs. Lewis (Mass.) 6S l.. R. A. 4S2, not to op- crate as pro tanto satisfaction of the principal note.
 
 mercial paper which is secured by mort gage on chattels is held, in Scott vs. First National bank Qndian Territory 6S L. R. A. 4SS to be liable to his debtor for per hitting the lien of the mortgage to ex- pire, an dthe obligors upon the paper to become insolvent, without taking any steps to enforce payment of 1t, so that the security is entirely lost. With these cases is a note on the effect of failure of holder to make demand or give notice of dishonor of paper held as collateral or conditional payment.
 railroad company which cannot be- cause of a strike obey the shipping direc- tions as to the route by which the goods shall be sent forward, Is held, In Fisher vs Boston and Maine nailroad company (Me.) 6S L. R. A. 39o to be liable to the shipper in case 1t selects another route, without consulting him. on which the freight charges are greatly increased where means of communication with the shipper are easily available, and can be utilized without injury to the property, although the bill of ladng stipulates that 1t may in case of necessity. forward the goods to destination by any route. The inability of railroad company to perform It's contract to carry the pur- chaser of a round trip limited ticket on his return journey because of strike is held, in Elliott vs Southern Pacific com pany (Cal) 6S l.. R. A. 393 not to extend the time within which 1t Is bound to honor the ticket
 The consent of patient to be treated | by a Christian Science healer is held, In Spead vs. Tomlinson (N. H) 6S l.. R. A.. 432. to preclude his holding him liable in damag ges for failure to effect cure al- though that method of treatment is ille- gal under the statutes of the state.