Imágenes de páginas
PDF
EPUB

PLEADING-Continued.

Pleading-Proximate Cause.

for causing fire held sufficient under
R. S. 3365-5, 3365-6 (L. 5395, 5396),
when. Lake Shore & M. S. Ry. v. An-
derson,

577

[blocks in formation]

Where a person signs a consent for
construction of street railway as agent
for another, no presumption in favor
of the agency arises from the rule that
council is presumed to have acted with
sufficient consents before it. Day v.
Railway.
60

A contract to execute a deed upon
erection of certain houses on land does
not constitute him agent of vendor to
order materials therefor. Lapham v.
Ransford.

80
Agreement of salesman to promote
interest of employer implies ability to
promote, etc. Highland Buggy Co. v.
Parker.
115

Salesmen must conform to reasonable
prices fixed by employer.
Ib.

Dissatisfaction of employer to war-
rant employe's discharge must not be
based on mere whim, etc.

Ib.

[blocks in formation]
[blocks in formation]

The refusal of a party to perform
his agreement for the purchase of realty
on the ground that the title thereto is
defective will not, in the absence of
mistake or fraud, release the owner
from the payment of a commission to
the agent effecting the agreement, where
such owner has agreed to accept the
terms offered and pay such commis-
sion. Godley v. Haley.
606

Evidence of custom to show agency,
is admissible in suit upon specialty.
Pullman Co. v. Willett.
649

Relation of principal and agent be-
tween sleeping car company and rail-
road ticket agent shown by custom. Ib.
PRINCIPAL AND SURETY—

Payment by surety of depositary to
trustees in bankruptcy is not payment
to the government. American Surety
Co. v. Bank.
586

Agreement to be responsible for debts
contracted in certain business creates
relation of principal and surety. Schick
v. Ott.
697

Sureties held not liable on appeal
bond, when no judgment ordered prin-
cipal to pay anything. Dieckman v.
Hunt.
836

Probate court cannot make general
regulations as to use of all streets by
telephone company under R. S. 3461
(L. 5587). Queen City Tel. Co. v. Cin-
cinnati.
385

Decree of probate court directing con-
struction of telephone lines must be re-
sult of judicial determination to be
valid.
Ib.

Manure is a fixture, but hay and
straw are generally treated as chattels,
Garrett v. Bank.
463

PROSECUTING ATTORNEY-

Facts not constituting misconduct of
counsel in criminal case. Wray v.
State.
1
Statement of counsel, in argument of
his belief that defendant had com-
mitted similar crimes held not improper.
Straub v. State.
50

PROXIMATE CAUSE-

See NEGLIGENCE.

Publication-Railroads.

PUBLICATION-

Whether or not a newspaper is one
of "opposite politics" from that of an-
other, within the meaning of R. S.
1536-619 (L. 3109), which requires that
all ordinances and resolutions requir-
ing publication shall be published in
newspapers of opposite politics, can-
not be determined from a lexicograph-
er's standpoint, for the reason that
more than one signification is usually
and ordinarily given to such words,
owing to the context. Columbus v.
Barr.
264

Independent newspaper not one of
"opposite politics" within meaning of
R. S. 1536-619 (L. 3109).
Ib.

The legislative intent of R. S. 1536-
619 (L. 3109) as to publication of or-
dinances, is publicity, etc.

QUO WARRANTO-

Ib.

[blocks in formation]

Noise, smoke, etc., from operation of
railroad held not legal nuisance, when.
Ross v. Railway.
135
Property situated within fifty feet of
that part of a street on which a rail-
road is built and operated is "near to"
the same within the meaning of R. S.
3283 (L. 5239), and the owner of such
property is entitled to recover for in-
juries thereto sustained from cinders,
smoke, noise, etc., arising from the op-
eration of the road within the limits of
such street at that distance from said
property. Toledo Ry. & Term. Co. v.
Meinen.

208

The measure of damages, in an action
by a property owner under R. S. 3283
(L. 5239), against a railroad company,
to recover for injuries resulting to her

property from cinders, noise, and smoke,
is the difference in the value of the
property before and after the alleged
injury.
Ib.

Railroad held to invite consignee's
employes to unload freight, when. Jury
warranted in finding car brakes, negli-
gently set, when. Wheeling & L. E.
Ry. v. Rupp.

212

The failure of a railroad company to
keep a gong at a public crossing in re-
pair so as to give warning of approach-
ing trains, does not of itself, in all
cases, relieve the traveler from exer-
cising ordinary care at the crossing.
Clev. C. C. & St. L. Ry. v. Sivey. 248

Intervening objects breaking sound,
etc., held proper subjects of inquiry in
determining whether traveler was negli-
gent in approaching crossing, etc. Ib..

Where the evidence undisputedly
shows that the crossing where the acci-
dent, which is the basis of an action for
negligence against a railroad company,
happened, is located outside of a munic-
ipal corporation, a charge to the jury
which implies that the highway was a
city street, and not a country road, and
thereby not governed by the same rules
of law as the latter, is erroneous.

Ib.

Brakeman injured by failure of con-
ductor to protect him from danger may
recover from company, when. Lorain
Steel Co. v. Hayes.
407

Petition against railroad company for
I causing fire held sufficient under R. S.
3365-5. 3365-6 (L. 5395, 5396), when.
Lake Shore & M. S. Ry. v. Anderson.

577

Jury warranted in finding that fire
on plaintiff's land originated from lo-
comotive, when.
Ib.

A railroad company has a common-
law lien upon the property in a car,
for its proper demurrage, charges
against such car, and may enforce the
same by refusing to deliver such prop-
erty until payment of the demurrage
charges has been made. Pitts. C. C.
& St. L. Ry. v. Lumber Co.
588

Railroad held not excluded from con-
structing cattle guards at public cross-
ing within yards unless public neces-
sity requires crossing to be kept open,
etc. Norfolk & W. Ry. v. Vallery. 658
It is the duty of a railway to guard
a turntable which it maintains close to
a traveled path along its track which
children and others have been accus-
tomed to use, without objection, as a
traveled way. Wheeling & L. E. Ry.
v. Harvey.
672

A charge containing the statement
that those who cross a railroad track
in the known absence of the flagman
regularly stationed there, "knowing they
are absolutely sure to be injured, as-

RAILROADS-Continued.

Railroads-Sales.

[blocks in formation]

A charge that, "The public need not
anticipate danger and look for it in
the absence of the flagman," at a rail-
way crossing is properly refused. Ib.

Where plaintiff, in attempting to
cross a railway track relied on his
previous observation of the habits of
the flagman stationed there and as-
sumed from his absence that the way
was clear, when in fact an accident oc-
curred and plaintiff sustained injuries
therefrom, the question of contributory
negligence is properly left to the jury.
Ib.

Doctrine of assumption of risk not
applicable where servant cannot exer-
cise option of remaining in employ, etc.
Isley v. Railway.
785
Railroad must keep fences in repair,
and is liable for injuries resulting from
failure to do so.
Ib.

Revised Statutes 6448 (L. 10025)
held only applicable where railroad oc-
cupies land without written authority.
Collins v. Shipbuilding Co.

802

Usurping right denied by written
agreement does not bring case within
R. S. 6448 (L. 10025).

Ib.

[blocks in formation]

tion may be made in such case, although
the receiver was appointed subsequently
to the filing of the petition. Dickason
v. Bank.
357

Where a general deposit is made in
an insolvent bank, known to the cashier
but not to the depositor, and immediate-
ly after the bank fails, and the fund
coming into the hands of the receivers,
is much more than the deposit, the
depositors may sue the receivers in
equity to charge such deposit upon the
fund in the hands of the receivers, and
have the same preferred. Baker 5.
Orme.
465

[blocks in formation]

Salesman must conform to reasonable
prices fixed by employer, but financial
responsibility held reserved to employer.
Highland Buggy Co. v. Parker.
115

Where a foreign guardian without
authority sells securities of the ward's
estate to a bona fide purchaser, without
actual knowledge, no title passes; such
purchaser will be liable as upon a con-
version thereof. Merchants' & Clerks'
125
Sav. Bank Co. v. Schick.

Warranty must be both false and
fraudulent in action to rescind contract
and recover purchase price. Allen v.
Haas.
727

Marketable title only, and not one
unincumbered, required by deed calling
for "good warranty deed," etc. Egle v.
Morrison.
497

Substantial defect necessary to de-
feat real estate contract of sale. Ib.

Sales Statutes and Ordinances.

[blocks in formation]
[blocks in formation]

Demand for return of railroad tickets
not a waiver of right of action for
breach of contract by sleeping car com-
pany. Pullman Co. v. Willett. 649
SPECIFIC PERFORMANCE-

It is no defense to an action to
compel specific performance of a con-
tract required by the statute to be in
writing, that it is not signed by both
parties thereto; it is sufficient if it is
signed by one of the parties to be
charged, and is accepted by the other.
Acceptance by the latter is shown by
bringing suit upon it. Egle v. Mor-
rison.
497

STATUTES-

A statute cannot be modified in any
way by a rule of court. R. S. 550 (L.
876), construed. Hunt v. State. 16

The statute must be strictly followed
in construing mechanic's lien. Lap-
ham v. Ransford.
80

An appeal is a continuance of the
original action, and statutes relating
thereto, in force at the time an action
is commenced, are not affected by sub-
sequent amendatory legislation, unless
expressly so provided. Peters v. Har-
88

man.

Amendment to act of legislature held
presumed to be made in contemplation
of remaining sections in pari materia.
Wiler v. Gas & Fuel Co.
257

Statute must be read in light of
conditions existing at time of enact-
ment. Queen City Tel. Co. v. Cincin-
nati.
385

Rule for determining constitutionality
of legislature enactments under Ohio
constitution. Davies v. State. 593

The sections of the revised statutes
relating to the letting of contracts,
etc., by the board of public works are
distinct from, and independent of, those
sections which relate to the letting of
contracts, etc., under the caption of
"Public Buildings." Carmichael v. Me-
Court.
775

STATUTES AND ORDINANCES-

The clause, "In all other respects said
ordinance is approved and confirmed,"
contained in an ordinance which repeals
a part of a prior ordinance, does not
make the repealing ordinance obnoxious
to R. S. 1694 (L. 3106; B. 1536-620),
in that it is, in effect, the re-enactment
of a part of a former ordinance, and
therefore contains more than one sub-
ject; such clause is mere surplusage,

STATUTES

Continued.

Statutes and Ordinances-Street Railways.

AND ORDINANCES-

and adds nothing to the former or-
dinance. Belle v. Glenville.
181

The legislative intent of R. S. 1536-
619 (L. 3109) as to publication of or-
dinances, is publicity. Columbus v.
Barr.
264

Legislative bodies may reconsider vote
taken as general rule, etc. Adkins v.
Toledo.
417
Council may make noisy conduct, etc.,
a penal offense under R. S. 1536-100
(L. 3102). Esch v. Elyria.
446

An ordinance renewing a street rail-
road franchise will be construed as a
whole in determining whether it is lim-
ited in its operation to that part only
of the street in which the company has
already laid its tracks and is operating
its cars, or extends to all the rights,
privileges and franchises granted by
the original ordinance. Akron v. Trac-
tion & L. Co.
536

[merged small][ocr errors][merged small][merged small][merged small]

Consent for owner by another bind-
ing if intended by former as such. Ib.

Mere knowledge of guardian that the
person from whom his ward derives title
has consented to the construction of a
street railway and the neglect of the
grantee to revoke it, does not bind the
ward.
Ib.

Purchaser of land subsequent to con-
sent by former owner bound thereby un-
less revoked.
Ib.

A vendee in possession of abutting
land upon contract to convey, has a
right to consent.
Ib.

Consent to construction pending ap-
plication for grant may be considered
on subsequent application, when. Ib.

An abutter has a right to consent, or
withhold his consent, either construc-
tion or extension of tracks of street rail-
way. Construction and extension dis-
tinguished.
Ib.
Standing on platform of interurban

car, while running through open coun-
try, held not proximate cause of in-
jury, when. Cin. L. & H. Elec. St. Ry.
v. Lohe.
138

The date of renewal of a grant to a
street railroad company need not be on
the exact day of which the original term
expired. R. S. 251 (L. 3767; B. 1653-
184), R. S. 2502 (see L. 3764; B. 1536-
185), examined. Belle v. Glenville. 181

Revised Statutes 1536-189 (L. 37651
has no application to the extension of
the track of an existing line of road.
such as is provided for in R. S. 2505 (L.
3770; B. 1536-188).

Ib.

Where a street railroad line has been
operated for more than ten years by
motive power other than that furnished
by horses and mules, an objection to the
operation of an extension of such line
by electricity, based upon the ground
that the original line was to be operated
by motive power furnished by horses
and mules, is not well taken.
Ib.

The property rights of a street rail-
road operating under authority of a
municipality to the extent that its lines
are within the corporate limits, and
under authority of the county commis-
sioners to the extent that its lines are
without the corporate limits are not
taken away by the mere annexation of
the incorporated territory to the munici-
pality.

Ib.

[blocks in formation]

The laying of an electric railway
switch in a public highway without the
consent of an abutting owner, and con-
trary to the provisions of Sec. 3, Art.
13 and Sec. 19, Art. 1 of the Ohio con-
stitution, will be enjoined at the suit
of such owner, in the absence of facts
and circumstances which work an es-
toppel; and where such switch has
already been laid, a mandatory injune-
tion will issue to compel its removal.
Chambers v. Traction Co.
193

An additional burden is imposed up-
on a public highway by the laying of
a switch therein by an electric railway
company; and this is so, irrespective of
whether or not such company is a mere
"paper" company, or one already in op-
eration over such highway.
Ib.
An estoppel arising against an abut-

« AnteriorContinuar »