The Lamar register., 1905-11-01

De l1Dle TO riparian owner 1Or 1all-
ure to remove distractions placed in
the stream by another riparian owner.
so that the water is damned back to
the injury OF the former.
A sale of goods to be delivered IF. o.
b. cars" is held, in Vogt VS.. Shiene-
beck (Wis.), 67 l.. r. A. 756. to i'm
pos0 on the seller the duty of procur-
ing the cars to carry out the contract,
in the absence of clear and Satisfac-
tory evidence of a custom to the con
trary. known to both parties to the
tran saction at the time Of making the
contract.
Tie appropriation of public money
for use by a private corporation Or
gan.zed to care for destitute children
is held in Hager VS.. Kentucky Chill.
dreIi's Home society (KyO, 81 l.. II.
A. SIS, not to be prevented by con
stitutional provision forbidding the
giving or loaning of the states credit
to any corporation.
TIC excuse a person for aSsauitinS
another under the belief that he is II
third person, upon whom an assault
would be justified. it is held. in Crab
tree VS.. Dawson CKy0. G7 l.. r. A. 565,
that he must exercise the highest de-
gree of care practicable under the cir
cumstances to ascertain whether or
not the person whom he is about to
strike is in fact the one whom he
believes him to be. The question of
,.I, ;; Incl f..tt
assault is the subject of a note to this
case.
The right of carrier to limit. by
special contract, his common-law liza
bility and thereby to exempt himself
from lii bility for any loss resulting
otherwise than by the. negligence or
misfeasance of himself or his sert-
ants. is sustained in Russell VS.. Erie
Railroad company IN. J. Err. & Apo
g. l.. II. ~. 433.
In case of breach of carriage
contract in Il state whose constitution
prohibits the carrier from contracting
to limit its common-law liability, IL IS
held. in Adams Express Co. VS.. Walk
}.
carrier cannot, in the courts of that
state. have the benefit of n contract
valid where made in another state
limiting such liability.
Where the same FIVE persons conf
pose both the directorate and the body
of the stockholders of a corporation.
1t is held, in Crichton VS.. Webb Prcas
company (La.) ca L. Il. A. rs. that two
of these persons cannot, by Joining
with a third, enter into contracts with
the corporation, or fix their own s.ila-
ries, or vote allowances to themselves.
over the protest of their two other as
sociates.
A railroad engineer. in signalling
the engineer to back the engine FOR
the purpose of effecting coupling,
is held in Alabama G. s. r. Co. VS..
Baldwin (Tenn.) 81 l.. A. A. $40, TO
act in his capacity as representative
of the master, and not as fellow
servant of the brakeman, who Is al.
tempting to prepare the cars for the
coupling, so that the master will be
liable in case he acts negligently TO
the injury of the brakeman.
A period of three months within
which to bring an action upon judg.
ment rendered in another state,
against bona fde resident of the
state establishing such period. upon
cause of action which accrued more
than six years before the action upon
the Judgment is brought Is held i'm
Lamb VS.. Power River Live Stock
company &C. C. A. Sth CO 67 L. r. A
sos, to be unreasonably short. and to
render the statute providing it invalid