Animals dog in duplex flat - injury sufficiency of evidence. That one may be found negligent in keeping a vicious, unfastened dog in a duplex flat having a common vestibule from which doors lead into the separate apartments under such circumstances that his door may be opened by mistake by a visitor to the other apartment, so that the owner should have anticipated that injury might occur unless the dog was kept secured, is held in Harris v. Hoyt, 161 Wis. 498, 154 N. W. 842, which is accompanied in L.R.A.1916C, 344, by a note as to liability for injury inflicted by a dog upon one who enters premises by mistake.

Bank agreement to pay check right of holder. Where a national bank, through its president, agrees with a customer, who is indebted to it, that if he purchases live stock, and in payment therefor gives checks on the bank, the checks will be paid, provided that by the time they are presented the drawer shall have resold the stock and deposited the proceeds with the bank, and in 'pursuance of such agreement the customer issues checks in payment for stock which he at once resells, delivering the proceeds to the bank, the holder of such checks, it is held in Ballard v. Home Nat. Bank, 91 Kan. 91, 136 Pac. 935, can maintain an action for their amount against the bank, notwithstanding he did not know

of the agreement, and notwithstanding nothing was said, at the time the deposit was made, about the agreement or the application of the funds.

The right of the holder of a check to maintain an action thereon against the bank is treated in the note accompanying the foregoing decision in L.R.A.1916C, 164.

conversion

Bank collection lien. The conversion and dissipation by a bank of the proceeds of paper sent it for collection, is held in Macy v. Roedenbeck, 227 Fed. 346, give the owner of the paper no lien on the general assets superior to that of general creditors in case the bank becomes insolvent, but such claim may have priority with respect to cash remaining in the bank when it closes its doors.

This decision is accompanied in L.R.A. 1916C, 12, by an extensive note on identifying misapplied trust funds to follow and recover them.

actually controls another, and operates its line of road as a single system, and sells tickets at the stations of the subordinate line over its system, the dominant company will be liable for injuries suffered by a passenger due to the negligence of the subordinate, although the subordinate company keeps up its corporate organization.

This decision is in accord with the rule sustained by the earlier cases which are collected in a note in 35 L.R.A. (N.S.) 770.

Carrier overcharge action to recover. Upon dissolution of an injunction restraining the putting in force by the state of a schedule of rates lower than those charged by the carrier, the state cannot, it is held in State ex rel. Barker v. Chicago & A. R. Co. 265 Mo. 646, 178 S. W. 129, annotated in L.R.A. 1916C, 309, maintain an action to recover on behalf of passengers and shippers the excess rates and fares exacted from them by the railroad during the existence of the injunction; but shippers and passengers, whether individuals or the state, may maintain actions for such purpose.

Carriers trespassers right to recover. That a child injured in attempt ing to catch a ride on a street car can hold the company liable for the injury only in case it was caused by wantonness, wilfulness, or recklessness on the part of the company, is held in Elie v. Lewiston, A. & W. Street R. Co. 112 Me. 178, 91 Atl. 786, annotated in L.R.A. 1916C, 104.

Carrier

unwarranted arrest. While a carrier is not liable in damages for the failure of its agents to prevent an arrest and removal of a passenger from its train by an officer of the law acting under proper authority, yet it is held in the West Virginia case of Anania v. Norfolk & W. R. Co. 87 S. E. 167, L.R.A.1916C, 439, if such agent knows, or in the exercise of reasonable diligence could have known, the arrest was unwarranted and unjustifiable or without sufficient foundation or cause, and fails to protest, or, without the use of force, to prevent such arrest, the carrier is liable, and must re

effect on.

right to set-off against payee. The certification of a check sent by a collecting bank to its correspondent, which is in fact insolvent, to transmit funds collected for it, is held in Carnegie Trust Co. v. First Nat. Bank, 213 N. Y. 301, 107 N. E. 693, L.R.A.1916C, 186, to cut off the right of the collector to set off such check against its deposits in the insolvent bank, and the drawer cannot therefore stop payment of the check although it had no notice of the insolvency until after the certification.

Commerce

state regulation transporting intoxicating liquors Webb-Kenyon act. Shipments into a state of intoxicating liquors, which, because intended solely for the personal use of the consignees, were not to be used in violation of the laws of the state as construed by its highest court, are not subjected, it is held in Adams Exp. Co. v. Com. 238 U. S. 190, 59 L. ed. 1267, 35 Sup. Ct. Rep. 824, Ann. Cas. 1915D, 1167, L.R.A.1916C, 273, to the operation of a law of such state forbidding carriers to bring intoxicating liquors into, or deliver them in, any dry territory, by the provisions of the Webb-Kenyon act prohibiting the interstate shipment or transportation of intoxicating liquors which is intended by any person interested therein to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of the state into which the liquor is transported.

state, so as to permit some importations of such liquors and prohibit others.

Constitutional law-impairment of contract — rate regulation. That a contract between a municipality and a water company fixing rates to private consumers does not prevent a Board of Public Utility Commissioners from fixing a higher rate, as against the objection of the municipality and consumers, is held in the New Jersey case of North Wildwood v. Public Utility Comrs. P.U.R. 1916B, 77, since the state, through the agency of the Board, may waive the contract rights of the public without improperly impairing the obligation of the

contract.

Corporation - stockholders as partners. That a creditor who has dealt with a corporation de facto in its corporate name and capacity, and given credit to it, and not to its stockholders, cannot, in the absence of fraud, charge them as partners with the debts of the corporation, is held in Swofford Bros. Dry Goods Co. v. Owen, 37 Okla. 616, 133 Pac. 193, annotated in L.R.A.1916C, 189.

tort in contract

Counterclaim action. The loss occasioned to the purchaser of a machine through negligent injury to his minor child while it is assisting the vendor to repair the machine, as the contract of sale requires in case the machine fails to operate, is held in Advance Thresher Co. v. Klein, 28 S. D. 177, 133 N. W. 51, L.R.A.1916C, 514, to be connected with the subject-matter of an action on the purchase money notes, within the meaning of a statute permitting such matters to be set up by way of counterclaim, and therefore is a proper counterclaim in such action although it is founded on tort.

Evidence declarations victim of abortion. Declarations made by the woman during the time she was under treatment and before the final act of abortion was committed, to the effect that defendant was her physician, had treated her for the purpose of bringing about a miscarriage, and was to administer to her further treatment for that purpose, are held properly admitted in evidence as a part of the res gestæ, in the Minnesota case of State v. Hunter, 154 N. W. 1083, which is accompanied in L.R.A. 1916C, 566, by a note on admissibility of declarations of one upon whom an abortion is committed against others charged with complicity therein.

False imprisonment - defense-information. In an action for false arrest and imprisonment it is held in the Minnesota case of Witte v. Haben, 154 N. W. 662, annotated in L.R.A.1916C, 228, not a justification that the defendant as a police officer made the arrest upon reliable information that the plaintiff was insane, that the officer in good faith believed this to be true, and that an ordinarily prudent person, under the same conditions, would have entertained and acted upon such belief, the arrest being made without warrant, and there being no proof of insanity, nor any urgent necessity for restraint, even had plaintiff been in fact insane.

Game domestication - possession closed season. That the legislature cannot make illegal the possession of game such as deer and wild fowl which had been reduced to possession and was cared for as though domesticated at the time of the passage of the act, where the Constitution forbids the taking of property without due process of law, is held in the case of Graves v. Dunlap, 87 Wash. 648, 152 Pac. 532, annotated in L.R.A. 1916C, 338, which further holds that statute making it unlawful at a specified season of the year to hunt, pursue, take, kill, injure, or destroy any deer does not prevent the establishment of a herd of deer taken at other seasons of the year for the purpose of confining and caring for them as though domesticated.

This case further determines that the

owner of a herd of domesticated deer may, during the closed season, kill such as shall have been wounded or crippled, or such as are necessary in the care and management of the herd.

Also that one maintaining a flock of domesticated game birds cannot be given power by the court to dispose of them in such manner as he sees fit, since that would permit them to be killed and disposed of during the closed season, and thereby interfere with the enforcement of the game laws.

Highway-breaking of guard rail — liability of municipality. A municipal ccrporation is held not liable for an injury caused by the breaking of a railing erected along a highway embankment, when a person of more than ordinary weight attempts to use it as a seat, in District of Columbia v. Washington, App. D. C. annotated in L.R.A. 1916C, 379.

Highway change of grade — abolishing grade crossing interference with access - liability. The rule of nonliability on the part of a municipality for mere interference with access to abutting property by change of a street grade is held to apply in Baltimore & O. R. Co. v. Kane, 124 Md. 231, 92 Atl. 532, L.R.A.1916C, 433, even in case the change is made to abolish a grade crossing of a railroad track and the railroad company is greatly benefited by the improvement.

Highway liability of railroad company. A railroad company is held not liable in Baltimore & O. R. Co. v. Kane, supra, for injury to the access of an abutting owner by the change of the grade of a street to abolish a grade crossing of its tracks, although it is greatly benefited by the improvement, if the work was done by the municipality.

This case further holds that a railroad company which voluntarily accepts municipal authority to change the grade of a highway to abolish a grade crossing of its tracks, and does the work necessary to effect such change for its own interest, is liable for injury inflicted upon an abutting property owner by the obstruc

Injunction against blacklisting. That an injunction lies against a combination to blacklist striking employees so as to prevent their securing contracts with other employers is held in Cornellier v. Haverhill Shoe Mfrs. Asso. 221 Mass. 554, 109 N. E. 643, which further determines that a striking employee who participates in the unlawful acts of the labor organization to which he belongs, in furtherance of the strike, will not be granted an injunction against being blacklisted by the employers in his locality and trade.

Supplemental annotation on the sub