Explosives blasting injury by concussion liability. A private corporation organized to supply the public with electricity, and clothed with the power of eminent domain, is held liable in the Iowa case of Watson v. Mississippi River Power Co. 156 N. W. 188, L.R.A.1916D, 101, for injuries to neighboring property caused by concussion or vibration due to blasting in a navigable stream under license from the government, even though it is not negligent in the performance of the work.

Garnishment - assigned proceeds of contract. Where a defendant corporation assigned to a bank the proceeds of a contract due and to become due for furnishing materials and labor to a building contractor, such assignment is held valid as against a garnishment of the funds in the hands of the building contractor, in Hall v. Kansas City Terra Cotta Co. 97 Kan. 103, 154 Pac. 210, annotated in L.R.A.1916D, 361.

in failing to forward an application accompanied by payment of premium, so that the property is destroyed without insurance, where he had authority only to solicit applications, deliver policies, and receipt for initial premiums, and the application stipulated that there should be no contract until the issuance and delivery of the policy.

igno

Intoxicating liquor sale rance of character-effect. Ignorance of the character of the liquid, and honest belief in its nonintoxicating character, are held no defense, in the Arizona case of Troutner v. State, 154 Pac. 1048, to a prosecution for selling intoxicating liquor contrary to a constitutional provision making it a misdemeanor to sell intoxicating liquor of any kind, notwithstanding the statute provides that persons are not guilty of crime who commit an act under ignorance or mistake of fact which disproves any criminal intent.

The subject of mistake in the beverage as a defense to a charge of the illegal sale of liquor is treated in the note accompanying the foregoing decision in L.R.A.1916D, 262.

tion. The provision of a municipal ordinance requiring those operating any selfpropelled vehicles carrying passengers for hire to pay additional licenses of $300 to $400 before being permitted to solicit or receive passengers on the paved portions of certain designated streets, although practically prohibitive as to such designated places, is held a valid exercise of municipal control, in Desser v. Wichita, 96 Kan. 820, 153 Pac. 1194, L.R.A.1916D, 246, which further determines that the effect of such ordinance, if enforced, would involve a benefit to the street railway company, is no reason why the city may not prescribe such regulation.

Libel passing communicant in religious order liability. A clergyman is held not liable for slander, in Carter v. Papineau, 222 Mass. 464, 111 N. E. 358, annotated in L.R.A.1916D, 371, in passing a communicant without comment when administering the sacrament of the

Lord's Supper, although the rules of the society permit such course with respect to evildoers or those who have wronged a neighbor.

Life tenant right to stock dividends. That a stock dividend declared out of profits accumulated since the creation of the trust goes to the life tenant, and not to the remainderman, under a will creating a trust to pay all income by way of interest, dividends, rents, and profits to the life tenant, remainder over, is held in the Vermont case of Re Heaton, 96 Atl. 21, annotated in L.R.A. 1916D, 201.

Limitation of actions - amendment of action for injury to show interstate character of transaction. That the amendment of a complaint seeking damages for injury to a railroad employee, so as to show that at the time of the injury the railroad was an interstate railroad, and that the injury occurred in interstate commerce so as to come within the operation of the Federal employers' liability act, does not, although there was nothing in the original complaint to show that relief was not sought under the state law, as plaintiff's counsel claimed the intent to be, constitute a new cause of action so as to be affected by the statute of limitations, if the original action was brought in time, is held in the Wisconsin case of Curtice v. Chicago & N. W. R. Co. 156 N. W. 484, L.R.A.1916D, 316.

be awarded a writ of mandamus to compel the mayor to countersign a warrant for the money, although the city charter prescribed such warrant as the method by which payments are to be made out of the city treasury.

The subject of mandamus to compel issuance of a municipal warrant to pay indebtedness is treated in the note accompanying the foregoing decision in L.R.A.1916D, 321.

Master and servant blasting missed shot-liability for explosion. The owner of a quarry is held not relieved in the case of Chesapeake Stone Co. v. Holbrook, 168 Ky. 128, 181 S. W. 953, L.R.A.1916D, 311, from liability for injury to an employee by explosion of a missed shot by the fact that the one in charge of the blasting believed all the shots had been exploded, and that the débris from the blast covered the ground so that ordinary inspection would not disclose the fact that one had missed.

workmen's

Master and servant compensation act not in course of employment. employment. An injury to the foreman of a knitting room in a mill, by his hand coming in contact with a revolving fan in a pipe conveying heated air into the dry room, when he attempts to place luncheon to heat in the pipe through an aperture left for the care of the fan, is held in Mann v. Glastonbury Knitting Co. 90 Conn. 116, 96 Atl. 368, L.R.A. 1916D, 86, not to arise out of and in the course of his employment within the meaning of the workmen's compensation act, although the employer has impliedly assented to the heating of such materials by employees by placing them in the mouth of the pipe.

Master and servant workmen's compensation - injury due to seizure. Injury received by a hack driver while in the regular performance of his duty, in falling from his seat through dizziness or unconsciousness induced by a disease from which he was suffering, being the first attack of the kind which he had experienced, is held in the Rhode Island case of Carroll v. What Cheer Stables Co. 96 Atl. 208, L.R.A.1916D, 154, to arise out of and in the course of his employment within the operation of the workmen's compensation act, where the fall occurred when the hack was turned against the curbstone by the horses.

prohibit show near church - police power. Charter authority to regulate and prohibit amusements is held in the case of Nahser v. Chicago, 271 Ill. 288, 111 N. E. 119, L.R.A.1916D, 95, to empower a municipal corporation to refuse a license for a moving picture show within 200 feet of a church, although the clause of the charter dealing with places of amusement gives power to regulate only.

Prohibiting the operation of a moving picture show within 200 feet of a church is also held to be within the police power.

Name fictitious "Bros." The adoption by a firm composed of two brothers of their surname, followed by the word "Bros.," as the name of the firm, is held in Bolen v. Ligett, 54 Pac. 547, annotated in L.R.A.1916D, 352, not to be the adoption of a "fictitious name, or a designation not showing the names of the persons interested as partners in such business," within the meaning of § 4469 Oklahoma Rev. Laws 1910.

Real property registry of title absence of parties. Where, in proceedings under the Torrens act to register title, the applicant fails to disclose to the court the names of persons known to him to have an interest in or lien upon the property, and such persons are not named as parties to the proceeding or served with summons, and do not have actual notice of the proceeding, a judgment rendered therein is held not binding upon such persons, in Riley v. Pearson, 120 Minn. 210, 139 N. W. 361,

which is accompanied in L.R.A.1916D, 7, by an extensive note on the Torrens law.

Records Torren's law-fraudulent judgment. Where, in proceedings under the Torrens act (Laws 1901, chap. 237) to register title, a judgment is procured by fraud on the part of the applicant in failing to name as parties or serve claimants known to him, it is held not binding upon such omitted claimants, in Henry v. White, 123 Minn. 182, 143 N. W. 324, L.R.A.1916D, 4, which further determines that where the existence of such claimant does not appear from the judgment roll itself, or the proceedings, and where such proceedings are absolutely regular on their face, one who purchases from the registered owner for a valuable consideration, in reliance upon the judgment, and without notice or anything to put him on inquiry, takes the title free from all encumbrances and adverse claims except those noted on the certificate.

Records Torrens law void tax certificates. In proceedings to register title, to which the holder of tax certificates on the land and the county where the land was situated were parties, the tax sales on which the certificates were issued were adjudged void for reasons that entitled the holder to refundment. It is held in State ex rel. Coburn v. Ries, 123 Minn. 397, 143 N. W. 981, L.R.A. 1916D, 1, that such judgment cannot be attacked collaterally for error or fraud, and is, as against the county, conclusive of the right to refundment.

Religious societies - enforcement of rights in court. That a member of a religious denomination cannot enforce his religious rights as a communicant of the denomination in the civil courts, is held in Carter v. Papineau, 222 Mass. 464, 111 N. E. 358, L.R.A.1916D, 371.

member liability. That no action lies for the temporary exclusion of a communicant from the church building by the minister in charge, is held in Carter v. Papineau, 222 Mass. 464, 111 N. E. 358, L.R.A.1916D, 371.

Replevin use of force to execute writ. That a marshal is liable in damages on his bond for an assault committed by his deputy in forcing his way through an open window in spite of the active resistance of the occupants of the premises, in order to execute a writ of replevin, is held in Palmer v. King, 41 App. D. C. 419, Ann. Cas. 1915C, 1139, which is accompanied in L.R.A.1916D, 278, by a note on the right to break and enter a dwelling to serve a civil writ of process.

statements

Rescission release by physician. Plaintiff was injured while a passenger on one of defendant's trains. Soon after defendant's physician made a physical examination of plaintiff's person, and, to induce or cause him to make settlement and execute a release, represented that he had suffered no serious injury, had no broken bones, and would recover in the course of two or three weeks. It is held in the Minnesota case of Jacobson v. Chicago, M. & St. P. R. Co. 156 N. W. 251, L.R.A. 1916D, 144, that the representations were material; that plaintiff had the right to rely thereon in effecting a settlement with defendant, and, since the representations were untrue in fact, though the falsity was not known to the physician at the time, and were not made with intent to deceive, plaintiff had the right to rescind the settlement. Such facts constitute fraud in law.

Tax exemption - special law Young Men's Christian Association. An exemption from taxation of property of a Young Men's Christian Association, used for the religious purposes of the association, is held in the Washington case of Young Men's Christian Asso. v. Parish, 154 Pac. 785, L.R.A.1916D, 272, not to be within constitutional authority to exempt property by general laws, where the property of other organizations devoted to religious purposes is left subject to taxation.

The note appended to this case in L.R.A.1916D, 272, treats of exemption from property taxation of property of the Y. M. C. A. or Y. W. C. A.

Trademarks right to enjoin use of trademark outside of complainant's business territory. The prior appropriator of the words "Tea Rose" as a trademark for flour is held not entitled, in Hanover Star Mill. Co. v. Allen & W. Co. 125 C. C. A. 515, 208 Fed. 513, annotated in L.R.A.1916D, 136, to enjoin the use of the same trademark, which has been adopted in good faith by a manufacturer of flour with no knowledge that anyone else was using or had used those words in such a connection, in a territory in which it has never sold its "Tea Rose" brand, and where the name has come to mean defendant's flour, and nothing else.

Unfair trade - deception - right to relief. Where the complainant and defendant agreed that an encyclopedia should be represented to the public as the work of the complainant, in order to avail themselves of its reputation to attract subscribers for the book, it is held in Munn & Co. v. Americana Co. 83 N. J. Eq. 309, 91 Atl. 87, that the complainant cannot be heard to complain of conduct in which it joined and by which it profited.

This case is accompanied in L.R.A. 1916D, 116, by a note as to protection of public as a ground for injunction against misuse of trademark or tradename.

Valuation electric utility cost of construction right to allowance for increased cost due to weather conditions. That the increased cost of immediate construction of an electric transmission line during the winter months rather than the cost under average normal conditions should be allowed in a security issue valuation, is held in the Nebraska case of Re Omaha & L. R. & Light Co. P.U.R.1916B, 564, where it appears that the utility exercised reasonable business judgment in expending more money for immediate construction to secure immediate earnings and to be the first to deliver current into a field where there was threatened competition.