The Montgomery advertiser., 1908-02-12

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 sonably satisfsd from the evidence
 that the motorman was negligent af.
 ter discovering piaintiffis peril. they
 could not fnd for the plaintiff, al
 though the rnotorman might lave acted
 with greater pronptness prior to his discovery of plaintiffs peril. preter-
 mits any consideration of any wanton
 misconduct of the motorman in running
 the car at a high rate of speed at the place of the accident, and was proper ly refused.
 i3. Trial; instructions; assuming fact--The charge assuming that plain tin was guilty of contributory nexil gence. where such negligence is ques- ton of fact, is properly refused. 1A. Same; reference of questions Of law to the jury--A charge asserting bDity by pleading not guilty and that plaintiff was guilty of contributory negligence; that 1t was not presumed that plaintiff was guilty from the pleas of coYitributory negligence and that no burden rested upon plaintiff to prove affirmatively that he used due care and diligence, but that the burden was on the defendant to prove the pleas unless plaintifs evidence established such negiigence; and that if defendant did I-not prove the pleas and the plain tiff proved his allegations, plaintfn ought to recover, refers questions of law to the jury as we'll as the con- struction of the complain, and it's giv- ing was error.
 Appeal from Birmingham City Court. Heard before Hon. c. W. Ferguson.
 Reversed and remanded. Opinion by
 Tyson, c. J., simpson and Denson, u, concur. - RUSSELL. v. c. N. ROBINSON & co. Trespass. (Decided Nov. 26, lsoI.--- 44 so Rep. 1040.)
 1. stauts; boundaries,--A county IS political subdivision of the stase | created for convenience in the admin | istration of government. the territo- rial limits are fixed by the legislature | and the counties are without tuthort- | ty to alter the same. | A. same.--Where the territorial act | provided that the islands in the river l belong respectively to the county to Il the shores Of which they might pc | most near. the question whether such an island in such river is within . county. is one fact dependant on evil dence, and Is a question for the jury | a. Bouudaries; evidence; general | boundary of public municipal Jurisdic- tions grow ancient and are unmarked | by artificial m6huments, such bound Aries may be shown by general reputa- l ton, In the absence of any higher evi' dence,
 l ~. Counties: boundaries; evidence 1 Where there is no record memorial oi | tho nieasurement and distances of ar | island from the shores of respective l counties on either side of the river, al l inc time of the enactment of the sta | tute their territorial statute fixine their territorial status, the recording I of ancient deeds and conveyances oi lands on the island in a. particular | county, and the ancient tax assessment If the land on the island or other 1 property oti the island, showing ths assessment of such property to . par. ticuIar county. and other like facts tending to show exercise and ossunp' tion of Jurisdiction of the particular
 county, and the acquiesence of the cit I Izens affected therein, are competenl | as evidence to fix the ancient bound | aries
 s. same.--Evidenc of the assump- 1 ton and exercise Of Jurisdiction by one county over the island solely on tht right resulting from an arbitration proceeding between the two counties l to settle the bonndry line Is inad- I missable.
 6. Taxation; collection of taxes I power of tax collector to execute pro- I cess in foreign counties--The ta1 l collector of one county has no author. | ity to go into another county and ir person execute his process by seixins I property for taxes due in his county. Appeal from Lawrence Circuit Court | Heard Before Hon. D. W. Speake l Affirmed Opinion by Dowdeli, J.
 Tyson. c. J.. simpson and Denson, J A