The Lamar register., 1905-11-01
49, f$55$S;RS!yEg< $fs|}'szg s

Acceptance of the policy rendered
and waiver of the fraud in rendering
one not in accordance with the expec-
tation of the applicant and the repre-
sentaticns of the agent. are held, in
Bostwick VS.. Mutual Life Insurance
Company (Wis.). CT L. r. A. 7O5, to
be affected by receiving a policy and
retaining it for several months with
out complaint. in ignorance of the
fraud because of failure to examine
the policy, where the substitution is
plainly apparent on its face. The ef-
feet of retention of policy of insur
ance as a waiver of a mistake or
fraud of the insurer or its agent is
considered in a note to this case.
Recovery on an accident-insurance
policy upon person whose occupa-
ton is stated as cattle dealer or
broker visiting yards" the duties of
which require him to ride on trains of
cattle cars from place to place in the
freight yards, is held. in Richards VS..
Travellers Ins. Co. IS. d.. G7 l.. Il. A.
1T5, not to be prevented by the fact
that clause in the policy provides
sHa' ~ small iiot SoNct dCtlucllto lt-
ceived while being in any part of the
car not provided for occupation by
passengers.
The furnishing of trading stamps
by merchants to their customers at
the time of making purchases, in con-
sideration of a cash payment is held.
in Hewin VS.. Atlanta tGa.) CT l.. II. A.
I9o, not to be a business which may
be separated from the business of
selling the merchandise, and taxed
under municipal charter authorizing
the classification and taxation of bus.
mess. trades and professions carried
on within the city
The right of the Legislature u EN-.
power the court in its discretion TO
authorize Il married woman to convey
her real estate by separate deed in
jurisdictions where the common law.
giving the husband freehold right in
the property. is in force. is denied in
Hubbard VS.. Hubbard CVt.J, ca l.. r.
A. e69.
Empowering the court in its discre-
tion to commit one acquitted of MUIR
der because of insanity. to an asylum
for treatment, from which he cannot
be released without an act of the leg
islature, without notice to him. or Civ.
ing him an opportunity to be heard,
or any provisions for investigation as
to his present mental state. is held, in
re Boyett IN. c. 67 l.. K. A. 972, TO
deprive him of his liberty without due
process of law.
The fact that person other than
the wrongdoer. as 4 mere gratuity,
pays to one injured as the result of
his negligence a sum equal to the
amount he would have earned had he
been able to work during the period
Of his disability, is held in Nashville,
c. & st. l.. r. Co. VS.. Miller (Ga.),
G7 l.. r. A. 81. not to mitigate the
damages due by the wrongdoer to the
injured party for lost time. The sub
ject c. mitigation of damages for per-
sonal injury by fact that injured per-
son has received from some source
other than the wrongdoer money be-
cause of the injury is treated in a
note to this case.
Conditions on the back of void
pass are held in Mcneil VS.. Durham
& c. X. Co. IN. c.. ca l.. r. A. 227.
10 lie without effect upon the rights of
the person who is attempting to use it
tor transportation.
A municipal corporation which has
turned into stream flowing through
it surface water falling within its wa
tershed and, for the maintenance of
the public health, has cleaned its bed,
is held. in a. l.. Lakey Co. VS.. Kala-
mazoo (AIich.). G7 l.. r. A. 931, not to