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VOLUME XX.

APRIL, 1916, TO MARCH, 1917.

EDWARD THOMPSON COMPANY, Law PUBLISHERS,

NORTHPORT, LONG ISLAND, NEW YORK

1917.

68

ARTICLES:

PAGE

Book REVIEWS-Continued

PAGE

Treatise on Federal Impeachments, by Alex. Simpson, Jr. 234
Treatise on Limitation of Actions at Law and in Equity,
by H. G. Wood.....

50
Treatise on the Law of Telegraph and Telephone Com-
panies, by S. Walter Jones...

233
Treatise on the Rescission of Contracts and Cancellation of

Written Instruments, by Henry Campbell Black. ... 174
Your Congress, by Lynn Haines..

175

Cases OF INTEREST:

Amici Curiae in United States Supreme Court...

67
Animals and Bequests of Household Effects..

169
Annuities, Future Payment of.....

229
Bankruptcy Cases, Appellate Jurisdiction of United States
Supreme Court in..

105
Bill of Lading Act, The New Federal .

127
Cat, The Legal Status of the....

204
Certiorari, Use of by United States Supreme Court. 168
Communism of the Law....

207
Competition of Opposite Analogies

126
De Minimis Non Curat Lex..

85
Deodand, The Track of the..

166
Ethics, Points in Legal...

107
Federal Trade Commission, Conference Rulings of the 6
Finger-print Evidence..

208
Freethought Legalized in Great Britain

45
Insurance Against Damage by Hostile Aircraft..

209
Interned Enemies, Status of .......

10
Judges, The Superannuation of Federal.

225
Judicial Legislation.....

124
Judicial Ten ment.

65
Law and the Time of Day..

109
Mann Act, Application of to Noncommercial Vice

144
Marriage vs. Votes

146
Municipal Zone Ordinances, Legality of .

186
Name, Change of

148
Naturalization and Ethnology

24
Negligence, What is?-A New Theory

185
Observations Here and There.

.48, 87
Partnership Dissolved by War.

67
Plea, An Astonishing

70
Prices, Shall There Be Legislation Permitting Maintenance
of Resale?...

28
Shakespeare and the Law

4
Women Lawyers in Georgia.

147
Book REVIEWS:
American Government and Majority Rule, by Edward
Elliot.....

35
Americanism, What It Is, by David Jayne Hill

94
American Year Book, Edited by Francis G. Wickware.
Commercial Mortmain, by John R. Dos Passos . .

34
Cornell Law Quarterly..

35
Evolution of Governments and Laws, by Stephen Haley
Allen ...

135
Federal Income Tax, by Bruce Craven and R. O. Everett 35
Federal Trade Commission, by John Maynard Harlan and
Lewis W. McCandless..

35
Forms, Rules and General Orders in Bankruptcy, by Mar-
shall S. Hagar...

174
Law of Automobiles, by Xenophon P. Huddy and Howard
C. Joyce...

135
Law of Promoters, by Manfred W. Ehrich..

94
Modern French Legal Philosophy

50
Real Property Law, by Harold G. Aron.
Treatise on the American and English Workmen's Com-
pensation Laws, by Arthur B. Honnold.

233

“Accidental Means,” Death from as Including Death from

Ptomaine Poisoning Due to Eating Mushrooms..... 213
Acreage Tax, Validity of Statute Levying ..

211
Assault and Battery, Attempting to Kiss Woman Whom
Assailant Has Kissed Before as..

150
Assault and Battery, Punishing Child as.

152
Assault and Battery, Right to Recover Damages for Injury
to Feelings in Action of .

110
Attorneys:
Attorney's Compensation When Client Settles Matter in
Litigation...

133
Liability of Attorney for Slanderous Words Spoken in
Court....

74
Right of Attorney to Assist Foreign Corporation in
Practice of Law..

54
Right of Attorney to Recover Against Husband for Ser-

vices Rendered Wife in Prosecuting Divorce Proceed-
ings Which She Later Dismissed...

229
Validity of Provision in Note for Attorney's Fee if
Suit is Brought..

173
Automobiles:
Construction of Statute Requiring Automobile Driver

Injuring Person to Stop and Give Name, Address, etc. 149
Liability of Municipality to Owner and Operator of

Unregistered Automobile for Defect in Highway
Causing Personal Injury.

132
Liability of Husband for Negligence of Wife in Opera-
ting His Motor Car.....

132
Liability of Automobile Manufacturer to Purchaser of

Automobile from Retail Dealer for Negligence in
Construction...

54
Bankrupt Act, “Wilful and Malicious Injury to Prop-

erty " Within Meaning of, as Including Unauthorized

Sale of Stock Held by Brokers as Collateral........... 211
Boarders, Taking of, as “Noxious or Noisy or Objection-
able Business."...

131
Breach of Marriage Promise Based on Disease.

53
Buildings to be Erected in Certain Locality, Validity of
Statute Regulating Character of..

151
Burglary, Breaking Out of House as.

32
Contributory Negligence, Stooping Down Near Mule's
Hind Feet and Striking Mule as.

51
Damages for Mental Anguish, Delay in Delivery of

Casket and Grave Clothes as Entitling Shipper to..... 51
Dancing in Restaurant, Validity of Ordinance Prohibi-
ting

173

36

50

CASES OF INTEREST—Continued

PAGE

CASES OF INTEREST—Continued

PAGE

Kind.....

90

Demand, Necessity of, when Obligation is Payable in

193
Deposit, Indorsement of Check as Notice of Fiduciary
Character of...

192
Dissenting Opinion, Effect of, as Strengthening Authority
of Case ..

131
Divorce:
Marriage Resulting from False Representation as to

Pregnancy as Entitling Husband to Divorce. ... 52
Vacation of Decree of Divorce when Based on Collusion
and Agreement for Remarriage...

13
Dog, Liability of Owner of, Committing Assault on
Automobile.

29
Evidence that Bastard Child and Alleged Father Had
Supernumerary Fingers, Admissibility of...

232
Exemplary Damages, Right to, for Delay in Delivery of

Message as Governed by Law of State where Received 71
Expatriation by Enlisting in Canadian Army and Taking
Oath of Allegiance..

232
Exploding Bomb, Liability of Municipal Corporation for

Injury to Spectator at Fourth of July Celebration
from...

214
Explosion of Bottle of Coca Cola in Ice Box, Application
of Res Ipsa Loquitur Doctrine to

114
Explosives, Storing, in Public Place-Liability for Injury 150
Federal Reserve Act, Validity of Provision of, Granting

by Special Permit to National Banks the Right to
Act as Trustee, etc.....

172
Fine Imposed as Punishment for Offense as Enforceable
after Defendant's Death.....

171
Foreign Corporation, Validity of State Statute Providing

for Revocation of License of, Removing Action Com-

menced Against It to Federal Court..
Foreshore, Right to Maintain Obstructions on.... 151
Gasoline, Temporary Use of on Premises as Violation of

Fire Insurance Policy that Gasoline Should Not Be
“Kept, Used, or Allowed on Premises...

212
Gasoline, Validity of Statute Providing for Inspection of. 12
“Governmental Function,” Maintenance of Zoological
Garden by City as .

151
Health:
Husband, Statute Imposing Imprisonment on, for Fail-

ure to Support Wife as Violating Constitutional Pro-
vision Against Imprisonment for Debt.

171
Liability of Bottling Establishment for Sickness of

Person Drinking Out of Bottle Containing Dead
Mouse...

133
Liability of Retail Dealer for Sale of Pork Containing
Trichinae

91
Validity of Municipal Ordinance Requiring Meat to be
Inspected.

193
Validity of Ordinance Prohibiting Transportation of
Milk Above Certain Temperature. ...

194
Validity of Statute Providing for Rat-proofing of Build-

ings to Prevent Spread of Bubonic Plague.... 110
Validity of Statute Prohibiting Sale of Ice Cream Con-

taining Less than Fixed Percentage of Butter Fat... 213
Validity of Statute Requiring Dealers in Food or Drink

Containing Imported Eggs to Give Notice of Fact. ... 112
Independent Contractor, Liability for Injuries Caused by
Fall of Structure Erected by....

191
Innkeeper, Liability of, for Death of Guest Due to Fire... 231
Innkeeper and Guest, When Relation of Arises...

73

Intoxicating Liquors:

" Intoxicating Liquor” as Including Pabst Malt...... 71
Power of State to Prohibit Sale of Non-intoxicating
Fermented Liquor...

90
Sale of Intoxicating Liquor by Club to One Pretending
to be Member Thereof..

193
“Involuntary Servitude” as Including Road Work Re-
quired by State of its Residents....

51
Judge, Competency of, to Testify as to What Took Place
in Trial Presided Over by Him....

150
Juror, Right to Receive Statement of, to Vitiate Verdict 132
Jury Law, Five-sixths, Enacted by State as Applicable to

Case Brought in State Court Under Federal Employ-
ers' Act....

93
Libel and Slander:
Charging Pastor of Church with “Juggling" Moneys

Taken on Collection Plate as Constituting Libel... 51
Newspaper Criticism of Detective as “ Fly Cop” as
Slanderous Per Se....

30
Publication Charging Company with Placing Negro

Foreman over White Girls as Libelous Per Se....... 33
Lien Law, Woman Cook in Cooking Car for Threshing

Crew as “ Farm Laborer ” within Meaning of ...... 232
Livery Stables in Residential Communities, Validity of Or-
dinance Prohibiting...

12
Manufacturer of Shoes, Liability of, to Purchaser of Pair

from Retailer for Injuries Resulting from Nail
Therein Penetrating Foot...

91
“Manufacturing " as Including Pasteurizing Milk.
Marriage, Annulment of, for Fraud...

112
Milk Dealers, Validity of Statute Requiring, to Pay for
Purchases Semimonthly..

172
Moving Pictures:
Power of Municipality to Prohibit Picture Show Within
Two Hundred Feet of Church .....

13
Use of Moving Picture Machine on Sunday for Religious

Instruction as Violating Statute Against Moving
Picture Shows on That Day..

31
Murder of Insured Person by Beneficiary as Absolving

Insurance Company from Liability on Policy...... 210
Negligence Per Se, Driving Blind Horse as.

192
Owner of Land, Right of, Fronting on Mississippi River

to Complain of Overflow of Such Land Caused by
Building of Levees.....

110
Payment by Bank of Check Before Business Hours, Pro-
vided by By-Law as Valid Payment...

90
Personal Injury Case, Admissibility of Evidence of In-

temperate Habits of Plaintiff's Intestate in. ..... 131
Personal Injury Case, Humiliation to Arise in Future on

Account of Disfigurement of Person as Element of
Damage in...

72
Physicians and Surgeons:
Chiropractor as Belonging to Class of Persons Practicing
Medicine....

30
Liability of Estate for Physician's Fee.

152
Meaning of "Incurable Disease" as Used in Statute

Making it “Unprofessional Conduct” for Physician
to Obtain Fee on Assurance that Such Disease Can
be Permanently Cured.

12
Osteopathy as Including Surgery...

230
Validity of Statute Requiring Persons Diagnosing

Diseases to be Licensed but Requiring No License
from Those Healing by Means of Prayer...

75

90

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PAGE

Public Work, Validity of Statute Discriminating in Favor
of Citizen in Construction of....

31
Quotations of Stock Exchange as Private Property...... 110
Railroads:
Absence of Flagman from Railroad Crossing as En-

titling Traveler to Assume that No Train Was About
to Pass..

172
Liability of Railroad for Injury to Person Riding on

Tender of Interstate Train at Invitation of En-
gineer..

52
Refusing Persons the Right to Spend Money for Polit-

ical Purposes as Restraining Liberty of Speech or
Press ...

134
Right of Railroad Company Whose Track Runs Along

Side of Stream to Build Embankment as Protection
Against Freshet..

230
Religious Societies:
Bishop as “ Pastor within Meaning of Statute Ex-

empting Residence of Pastor of Church from Taxation 72
Liability of Religious Corporation Maintaining Ceme-
tery for Theft of Body.....

31
Liability of Priest for Refusing to Administer Rite of

“Holy Communion ” to Parishioner, and to Allow
Admission to Church..

13
Right of Person Rendering Services to Another in Belief

that She Was His Lawful Wife to Action for Services

Rendered on Finding out that She Was Not........ 212
School Graduation Exercises in Church, Holding of, as

Infringement of Constitutional Provision Respecting
Freedom of Worship.....

33
Seduction Statute, Words“ Unmarried Female Occur-
ring in as Including Divorced Woman...

12
Sentence, Power of Federal Court to Suspend.

231
Street Railways:
Construction of Ordinance Requiring Fenders on Street
Cars....

... 191
Duty of Carrier Operating Interurban Electric Line
to Furnish Passenger with Seat. ...

229
Duty Owed by Street Railroad to Child Riding on Car

at Invitation of Motorman and Not Paying Fare.... 171
Liability of Conductor on Street Car Refusing to Take

Columbian Half Dollar in Payment of Fare... 89
Testamentary Condition Prohibiting Marriage of Testa-

tor's Daughter with Particular Individual, Validity of 72
Trademark, “ The American Girl ” as Subject of....
Vote, Attendance at Institution of Learning as Entitling
Student to, at Such Place. ...

... 171
Will, Alteration of, by Third Parties as Entitling Legatee to

Tort Action in Absence of Previous Attack on Will
which was Admitted to Probate.....

212
Will of Patient, Admissibility of Testimony of Physicians

Attesting, as to Execution and Mental Competency
of Testator..

71
Witness, Establishing Identity of Knee Print by... 192
Witness, Exemption of Suitor or, Coming from Another

State or Jurisdiction from Service of Civil Process
While in Attendance upon Court.....

211
Witness, Right of, to Give Evidence of General Reputa-

tion when Conviction of Crime is Shown on His
Cross-examination ....

73
Workmen's Compensation Acts:
Accidental Injury Arising Out of and in Course of
Employment...

92

CASES OF INTEREST—Continued

Accident Arising Out of Employment as Including

Assault on Employee While Delivering Beer....... 113
Applicability of Workmen's Compensation Act to
Child Employed in Violation of Law...

131
Death of Employee by Mistaking Chloride of Barium

for Epsom Salts and Taking Former when Ill While
at Work as Arising Out of Employment.

111
Death of Servant by Drinking Poisonous Fluid Supposed

to be Water as Injury Arising in Course of Employ-
ment......

15
Dependent's Right to Compensation Under Workmen's
Compensation Act as Vested Right....

111
Elevator Shaft as “Workshop" within Meaning of

Word as Used in Workman's Compensation Act.... 12
Employee Seeking Fresh Air on Roof of Employer's

Building as Within Course of His Employment..... 30
Hearsay Evidence in Action Under Workmen's Com-
pensation Law...

151
“Work in Shop, Mill or Factory," Within Meaning

of Workmen's Compensation Act as Including Work

on Pulp Carrier at Distance from Pulp Mill...... 230
Workmen's Compensation Act as Covering Injuries of

Servant Temporarily at Work for His Master in
Another State..

14
CORRESPONDENCE.

40, 80, 120, 140, 159, 200
EDITORIAL COMMENT:
Accused, Failure of, to Testify .

203
Adamson Law....

164
A Dusky Potentate..

164
Affirmed ....

2
Agrarian Laws..

104
A Man Without a Country.

85
American Courts and the European War...

182
A Neglected Opportunity..

102
Appam Case, The...

101
Arbitration and the Courts..

82
Attorney, Charge for Services to.

62
Bankruptcy Law, The....

1
Bankrupt's Engagement Ring..

202
Bar Examinations.

3
Bar Requirements, Higher..

103
Bills are Drawn, How..

224
Blue Sky Laws....

.22, 224
Chicago Business Court.

64
Chiropractic Jurisprudence.

123
Christian Science..

163
Compensatory Costs..

142
Confidential Communications..

44
Conservation of the Profession, The.

41
Contingent Fees....
Costs....

201
Courtship, Regulation of

223
Criminal Procedure..

103
Deer Killing in Self Defense.

42
Defending Guilty Men..

61
Defense of Criminals..

81
Directors, Liability of..

163
Dissenting Opinion, A.

22
Divided Court, By a.

221
Divorce Law, National..

43
Divorce Proctors..

103, 162
Dog, Dictum and the..

164

52

65

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