The Lamar register., 1905-02-01
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3%ts|7KAI9 Legal IK9
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yard piles lumber there in an unsta.
Bile manner is held. in Busse VS.. Rog-
ers (Wis). 64 l.. r. A. 1873. to be liable
for injuries caused by its fall upon
child who, while travelling along the
street, follows its inclination to play
and attempts to climb upon the pile,
and thereby causes the lumber to fall.
Land dedicated as public highway
is held. in McAlpine VS.. Chicago Great
Western Railroad company (Kas), 6l
l.. II. A. S5. not to revert to the dedi-
Gators because of misuse or nonuse.
unless its use for the dedicated pur-e
pose has become impossible or 50
highly improbable as to be practically
impossible.
The driver of milk wagon. who,
knowing the existence of n manhole
to sewer which projects above tho
surface of the street. attempts to turn
his horse and wagon around in its
vicinity without paying any attention
to his course, Is held. In Wheat VS..
st. Louis (Mo), Ga l.. X. A. 292, to be
! guilty of contributory negligence, so
that. in case the wagon strikes the
obstruction and is overturned to his
injury. he cannot hold the city liable
| therefor.
The implied powers which corpo-
ration has in order to carry into effect
| those expressly granted and to accom-
| plish the purposes of its creation. arc
held. in Central Ohio N. G. & +. COM
| pany vs. Capital City Dairy company
| (Ohio), "a l.. X. A. 395. not to be linz
| tied to such as are Indispensable for
| these purposes, but to comprise all
that are necessary in the sense of APP
! propriate, convenient and suitable. in
| Guiding the reasonable choice of means
to be employed.
An indorsee of negotiable note
taken as collateral security for a pre-
existing debt there being no extension
of time of payment or other new con.
sideration. Is held, in Birket VS.. Ed.
ward (Kas). GA l.. II. A. 56S, to be a
holder for value and In due course OF
business; and, in the absence of any
circumstances charging him with no.
tice. to be protected against claim Of
| payment made 10 the original payee.
A chattel mortgage duly recorded in
one state is held. in Snider vs.. Yates
| (Tenn.), 64 l.. X. A. 353. not to be en-
| titled under the doctrine of comfy. to
be given priority by courts of another
state, to which the chattels are re.
moved. over local attaching creditors
who had no actual notice OF 1t. The
other authority on conflict of laws as
to chattel mortgages are reviewed in
a note to this case.
An act providing an elght-hour day
for all workingmen in mines. smelters
and mills for the reduction of ores Is
sustained in re Boyce tNev.), 65 L. II
| A. AZ. All the other authorities on lin.
itation of hours of labor by statute or
ordinance are considered in a note to
| these cases
The right of the legislature to pro
vide for the destruction of intoxf
eating liquors kept for Illegal sale.
without granting their owner a jury
trial. is sustained in Kirkland VS.. state
| tArli.) Go l.. X. A. 10.
A statute prohibiting solvent mer.
! chants, under penalty. from disposins
of their stocks in bulk without giving
notice to their creditors Is held. In
Block vs. Schwartz (Utah) 65 l.. A. X.
| 3OS. to be an unconstitutional depriva-
ton of liberty and property.
The increase of stock is held. in
Cooke vs.. Marshall CPa.) Ga l.. II. A.
il3, not to he within The implied pow
ers of a corporation.