jured by the presence of such substance in the bottle depends upon negligence in the performance of his work which results in such condition.

Fraud statement as to intended public improvement - effect. The statement by a property owner or his agent to effect a sale of it, that an irrigation project would pass close enough to the property to furnish water for it, is held not such fraud as will justify a rescission in Stewart v. Larkin, 74 Wash. 681, 134 Pac. 186, L.R.A.1916B, 1069, although the project is not constructed, where the purchaser knew that the project had not been begun, and could get no definite information about it.

Highway - turning scalding water into liability for injury. A manufacturer who turns scalding water into an open ditch in the adjoining highway is held liable in the case of Conway v. Kinston, 169 N. C. 577, 86 S. E. 524, for injury to a child who falls into it, although the ditch was concealed by weeds which it was not the manufacturer's duty to remove, and the municipality had taken no steps to require the covering of the ditch for the protection of the public.

The question of duty toward children as to obstructions or defects in the streets is considered in the note accompanying this case in L.R.A.1916B, 945.

Ice title owner of soil or flowage rights. The owner of the soil, and not of the flowage right, is held entitled in Valentino v. Schantz, 216 N. Y. 1, 109 N. E. 866, annotated in L.R.A.1916B, 1044, to the ice formed on a pond created under a grant for water power, and he may remove it so far as he can do so without injury to the mill privilege.

Imprisonment for debt judgment in tort for seduction. The constitutional prohibition of imprisonment for debt is held to apply to imprisonment upon a judgment for damages for seduction, in the Washington case of Bronson v. Syverson, 152 Pac. 1039, L.R.A.1916B, 993.

Insurance

accident dilation of heart cold bath. Where an insured holding an accident policy indemnifying him against bodily injuries which, independently of all other causes, are effected solely and exclusively by external, violent, and accidental means, suffers an injury due to the dilation of the heart, following the voluntary taking of a coldwater bath, it is held in New Amsterdam Casualty Co. v. Johnson, 91 Ohio St. 155, 110 N. E. 475, annotated in L.R.A. 1916B, 1018, that the injury will not be considered as the result of an accident, where, under the circumstances attending the dilation, there is no evidence that anything occurred which the insured had not planned or anticipated, excepting the dilation and its consequences.

Judgment - admitted perjury equitable relief. That the admission of perjury contributing to the securing of a judgment will not give equity jurisdiction to set the judgment aside as for fraud is held in the Washington case of Robertson v. Freebury, 152 Pac. 5, annotated in L.R.A.1916B, 883.

Judgment order alimony. An order of the supreme court of New York made on motion in a suit for separation, not matured for final hearing, granting to the plaintiff alimony pendente lite, and never in any sense carried into final judgment in the cause, is held not enforceable in West Virginia, in Henry v. Henry, 74 W. Va. 563, 82 S. E. 522, L.R.A.1916B, 1024, even as to instalments of such alimony due and unpaid; it being in effect, a mere interlocutory decree, subject to modification and vacation by the court which entered it.

Limitation of actions amendment - adding parties. The filing of an amendment adding the names of the brothers and sisters as parties plaintiff in an action, though permitted more than two years after the filing of the original petition, is held not the statement of a new cause of action in the Oklahoma case of Motsenbocker v. Shawnee Gas & Electric Co. 152 Pac. 82, L.R.A.1916B, 910, but the amendment relates back to the commencement of the action so as to defeat a plea of the statute of limitations.

Master and servant - injury to volunteer interest. That an employee in a warehouse who, to facilitate the business of his employer, heeds the request of a truckman to assist in unloading a package from a truck to the warehouse, may hold the owner of the truck liable for injury negligently inflicted upon him by the driver in the performance of the work is held in the Washington case of Geer v. Sound Transfer Co. 152 Pac. 691, L.R.A.1916B, 987.

a

Master and servant-limitation of hours cashier in grocery. That cashier in a grocery store whose duty is to receive pay from customers according to slips presented, and incidentally do some bookkeeping, may be found to be within a statute providing that no woman shall be employed in laboring in any mercantile establishment more than a certain number of hours per day, where telephone and telegraph operators are expressly named in the statute is held in the case of Com. v. John T. Connor Co. 222 Mass. 299, 110 N. E. 301, L.R.A.1916B, 1236.

Monopoly and competition - motor bus routes indirect conflict with That routes for the opera

street cars.

tion of motor buses in a city that do not directly conflict with existing street car lines do not violate any right of the latter to protection from wasteful competition under the Public Service law, is held in the New York case of Gray's Petition, P.U.R.1916A, 33, although the buses will take traffic from the street cars by furnishing direct transportation to a large number of persons who have had no direct facilities. It was said that the duty of the Commission, under the Public Service law, to protect the existing investment of transportation companies from wasteful competition must be subordinated to the primary duty to the public, if they conflict upon an application for a certificate of convenience and necessity to operate a motor bus system in a city in which street railways operate.

Municipal corporation - liability for injury by vaccination. A municipal corporation which, in the exercise of its discretionary power, establishes a quarantine district because of the prevalence of smallpox, is held not liable in Howard v. Philadelphia, 250 Pa. 184, 95 Atl. 388, annotated in L.R.A.1916B, 917, for the negligence of an employee of the board of health in vaccinating a person with his permission to enable him to escape the quarantine.

Municipal corporation power to prohibit advertisements of intoxicating liquor. Power to prohibit the display of advertisements of intoxicating liquors within its limits is held not conferred upon a municipal corporation in Haskell v. Howard, 269 Ill. 550, 109 N. E. 992, annotated in L.R.A.1916B, 893, by authority to regulate or prohibit the sale of intoxicating liquor, or by a statute forbidding the taking of orders for such liquor in anti-saloon territory, which the municipality is.

Nor does the general police power of a municipal corporation include authority to prohibit the display within its limits of advertisements of intoxicating liquor.

And an ordinance forbidding the display of an advertisement of intoxicating liquor within the limits of the city is,

-

Principal and agent payment to agent effect against principal. One who purchases from a trust company a note and mortgage payable to it, and, although taking possession of the securities, permits it to extend the time of payment without disclosing the fact of his ownership, it is held in the case of Weigell v. Gregg, 161 Wis. 413, 154 N. W. 645, accompanied by supplemental annotation in L.R.A.1916B, 856, cannot dispute the authority of the company to accept partial payment upon the debt before maturity, so as to compel a second payment from the maker in case the company fails to account to him, although the extension agreement informs the maker that the company is acting only as agent at the time of making it.

Proximate cause blocking crossing frightening mule. The blocking of a street crossing by a railroad company contrary to the provisions of an ordinance, it is held in the North Carolina case of Paul v. Atlantic Coast Line R.

Co. 87 S. E. 66, L.R.A.1916B, 1079, may be found to be the proximate cause of injury to one whose mule is frightened by steam escaping from the engine when he attempts to drive along a street parallel to the railroad track to avoid the obstruction, and runs away throwing. him from the vehicle in which he is riding.

Public improvement assessment conveyance of abutting strip. An interesting question was presented in the Kentucky case of Bayes v. Paintsville, 179 S. W. 623, annotated in L.R.A. 1916B, 1027, which holds that a property owner cannot avoid liability for assessment for the improvement of the adjoining street by conveying a narrow strip along the street, with reservation of the right of ingress and egress and a provision that no fence shall be placed upon it.

Railroad - killing person on track excessive speed liability. That a train was running at a greater speed than that fixed by ordinance when a person was discovered lying on or so near the track that a train could not pass in safety is held not to render the company liable for killing him in Hunt v. St. Louis & S. F. R. Co. 262 Mo. 271, 171 S. W. 64, L.R.A.1916B, 981, if there was no physical infirmity except intoxication to cause him to be there, and everything possible was done to stop the train after his peril was discovered.

Nor is the purchaser bound to test the oil delivered to him to determine whether it is raw or boiled.

Service electricity rules of utility safety of consumer's equipment. That a utility required by statute to furnish electric current upon application has a right to enforce reasonable rules and regulations to assure the sufficiency and safety of the equipment within the building to which the current is to be supplied, is held in the New York case of Tismer v. New York Edison Co. 170 App. Div. 647, P.U.R.1916A, 949, 156 N. Y. Supp. 28. The court also held that a utility may refuse to furnish electric current without a certificate from the board of fire underwriters certifying to the sufficiency and safety of the consumer's equipment, although such certificate cannot be procured without the payment of a fee of $2.50, since if the utility had elected to inspect the consumer's equipment it would have been entitled to make a reasonable charge for that service.

it is held in the Iowa case of Rehmel v. Muscatine County, 154 N. W. 596, annotated in L.R.A.1916B, 897, may appoint as such, in the absence of a statute forbidding it, persons who are not legal residents of the state, so as to enable them to draw pay from the county for services rendered.

Sunday

giving show for collection. That people are admitted to a Sunday show for what they may volunteer to put in a receptacle placed to receive it is held in McLeod v. State, Tex. Crim. Rep. -, 180 S. W. 117, annotated in L.R.A. 1916B, 1124, not to take the show out the operation of a statute imposing a fine upon the proprietor of a place of public amusement who shall permit it to be open for traffic or public amusement on Sunday, and defining the term "place of public amusement" to mean circuses, theaters, and other such amusements as are exhibited and for which an admission fee is charged.

Trust changed conditions — modification. A trust of farm land to hold and pay taxes and divide the net income among the beneficiaries, and divide the property among the beneficiaries upon. happening of a specified event, may be modified by equity, it is held in Johns v. Montgomery, 265 Ill. 21, 106 N. E. 497, Ann. Cas. 1916A, 996, L.R.A.1916B, 1073, so as to permit the platting and sale of the property, if the boundaries of a city have been extended to include it, and taxes and assessments threaten to absorb it, while its value as farm property has greatly diminished and its value for building lots has enormously increased.