The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1917-11-18

Liability for illegal rate OF speed.--In
order that an illegal rate Of speed by
the driver OF a jitney bus shall he ac'
tionable by "a passenger injured. II must
he the proximate cause Of the injury
i6i T.. OWashJ iio5.
Excessive Speed as Negligence:-Th
proprietor OF n jitney bus, passenger
In which was injured In a collision. was
liable to the passenger II the excessive
speed OF the bus would without more.
have brought II TO the place of the col
lision at the moment Of time when II
took place.-i64 T.. (NNash) 1105.
Telephone Pole Encroac oachment:--Cod
1907 and 5si7. giving telephone compan
les the right TO construct their lines
along the margin OF the road. does not
give the right TO intrude poles into
that part OF the road set apart and de.
dicatcd To the use OF the travelling pub
iic.--75 SO. Ala) 3l6.
Unlicensed Dogs Right In Highway: |
An unlicensed dog IN not "A trespasser on |
the highway. and his owner may main |
tain an action for damages against the |
owner Of an automobile whose chauf |
feur willfully or negligently. on public |
highway runs down and kills such dog. |
--ii6 N. w. tMass) 236
Waiver OF Proof OF Loss:--where a I
policy. insuring n motorcycle against
theft. provided that failure OF the insur.
cd TO render a sworn statement OF loss
TO the company within sixty days of
date Of loss should render the claim
void. the act of the insurer In denying
liability before expiration Of the sixty. 4
day period waived the requirement ~
20 such statement.-i65 N. Y. s. 204
Care Required Of Jitney Bus:-The
operator Of jitney bus. as a common
carrier, owed passenger the duty TO
exercise the highest degree Of care com.
patible with the practical operation OF
the car. a duty not met as a matter
of law by mere observance OF the law
Of the road: his negligence. II any. as
between him and his passenger. being
measurable only by his duty AZ a com.
mon carrier. not by his duty TO other
users Of the hishwsy.-i64 p. (wash)
l10s.
Insurance Against Theft:--Where a
policy. insurins against theft a motor.
cycle which had been sold under con.
ditionA sale contract. insured separate.
ly the interest OF the conditional seller
and tho conditional buyer. and by its
express terms covered theft by any per.
son other than such as were expressly
excepted, the seller was entitled to re-
cover from the insurer. on the motor.
cycle being stolen. the amount OF the
Unpaid purchase price. though the theft
vas committed by the buyer.-l65 N.
I. S. 204.
Jitney Liability Insurance-Under
Red. Code 1915, and 5562-37 ct seq. re.
luiring a jitney operator to give bond
or the faithful performance Of the pro.
'isions OF the act, and to pay all dam
ges sustained by any person from any
or unlawful act, and giving
cause OF action against the principal
md the surety on the bond to every u
erson injured for all damages sustain.
d, the same elements of damage for
Which recovery may be had against the II
rincipal enter into and form a part OF
he liability against the surety to the
INIT OF the amount of the bond.-l64
). WashJ 1l05. \
Enforcement of Garage Lien:-Lien
.aw 0Consol Laws. 33 200 ct seq,
roviding that lien against personally
4 the legal possession of the lienor \
,ay be satisfied by public sale of the
roperty upon notice to the owner. and
citing forth the steps to be taken by
ne lienor TO bring about such a sale,
re not unconstitutional as TO the own.
r OF an automobile, subject TO a gar.
se keepers lien. under Lien Law, 1856,
$ taking of property without due
rocess OF law. in that no opportunity Is
wen the owner. IL he disputes the
mount of the lien. to have a hearing
lereon. and TO establish his contention.
nee section 1S4 declares the amount
the lien TO be the sum due from the