MEMORANDUM. Mr. Justice SIEBECKER took no part in the decision of the cases reported in this volume on pages 1 to 72, 107 to 120, and 455 to 461. ERRATA. VOL. 156. Page 359, line 18. For 22 Wis. 24, read 22 Wis. 234. Page 409, lines 4-8 should read: For the appellants the cause was submitted on a brief signed by J. E. & J. F. Malone. For the respondent there was a brief by Flanders, Bottum, Fawsett & Bottum, attorneys, and Paul O. Husting, of counsel and oral argument by F. L. McNamara. TABLE OF CASES REPORTED. Althen, State ex rel., v. Klein.... 308 Anderson v. Firemen Relief Association of Milwaukee... 199 Arnold, State ex rel., v. Common Council of Milwaukee.. 505 Athanasiou v. Garton Toy Co...... ... 280 Master and servant: Elevators: Negligent maintenance: Injury to servant: Contributory negligence: Special verdict: Harmless errors: Instructions to jury: Excessive damages. Attorney General, State ex rel., v. Northern Pacific R. Co. 73 Badger Box & Lumber Co., Tomscyk v... Baird v. Carle.... Husband and wife: Alienation of wife's affections: Justification: Right of brother to advise her: Pleading: Presumptions: Burden of proving malice: Evidence: Competency: Communications to brother by physician and attorney: Instructions to jury: Harmless errors. 360 565 Baraboo, City of, v. Stone.... 397 Municipal corporations: Baraboo city charter: Appeal from police justice: Affidavit of good faith. Highways: Defect causing death: Spinal meningitis as result of fall: Proximate cause: Instructions to jury: Excessive damages. Besnys v. Herman Zohrlaut Leather Co..... .. 203 Master and servant: Injury from unsafe machinery: Insufficient guard: Contributory negligence: Methods permitted by employer: Questions for jury. Boettger v. City of Two Rivers.... Municipal corporations: Harbor improvements: Docks and breakwaters: Special assessments: Requisites and validity: Reassessment, when ordered: City not concluded by brief of counsel: Declaration as to purpose of work, when binding. Breen v. Arnold........... Vendor and purchaser: Breach of contract by vendor: Rescission: Recovery of money paid: Settlement of claim by one of several purchasers: Costs: Time for perfecting judgment. Brennan v. Healy... Attorney and client: Contracts, express and implied: Trial: 60 528 37 Brittingham & Hixon Lumber Co. v. City of Sparta..... 345 Constitutional law: Police power: Regulation of weights and measures: Classification: Coal dealers: Equal protection of the laws: Municipal corporations: Ordinances: Weighing of coal: Construction: Reasonableness: Partial invalidity: Penalties. Budzisz, Illinois Steel Co. v.... Cardine v. Schaffenbuhl... Trespass: Title to land: Adverse possession: Findings of fact: 16 319 Nuisances: Abatement: Damages: Action, at law or in equity? Misjoinder of causes: Municipal corporations: When claims, etc., need not be presented. Chain Belt Co., Przybyla v.. 216 Chicago, Milwaukee & St. Paul R. Co., Hanson v.... 455 Chicago, M. & St. P. R. Co. v. Railroad Commission..... 287 Railroads: Regulation: Milk stations: Stopping trains: Pow ers of railroad commission: Reasonableness of order. Chicago & Northwestern R. Co., Sweet v.. 400 Christensen v. Christopher... ..... 525 Gifts causa mortis: Certificates of deposit: Evidence: Sufficiency: Executors and administrators: Judgment. Christopher, Christensen v... 525 Citizens National Bank of Pocomoke City, Thomas v..... 635 Citizens Telephone Co. v. Railroad Commission.... Public utilities: Railroad commission: Orders, when set aside: Evidence: Telephone companies: When engaged in furnishing local service. 498 Common Council of Milwaukee, State ex rel. Arnold v... 505 Covault v. Nevitt..... 113 Infants: Liability for torts of employees: Contracts: Validity: Necessaries. Culver v. Marx........... 320 Slander: Words actionable per se: Imputing crime: Pleading: De Longe, Yawkey-Crowley Lumber Co. v....... 390 32 Corn shredders: Safety devices: Removal by owner: Liability of seller: Proximate cause of injury. Donovan v. Hoenig.... 250 Vendor and purchaser: Failure to perfect title: Reasonable time: Recovery of money paid and deposited in escrow: Interest. Firemen Relief Association of Milwaukee, Anderson v... 199 Franke v. H. P. Nelson Co..... ... Pleading: Demurrer: Sufficiency of complaint: Misjoinder of causes: Defect of parties: Equity: Quieting title to securities: Preventing multiplicity of actions: Proper and necessary parties. 241 Divorce: Division of property: Discretion of trial court: Proportion to be awarded to wife: Unnecessary appeal: Costs. George, Knudson v. .. 520 Goldstine v. Tolman... ..... Contracts: Requisites: Meeting of minds: Preliminary agreements: Incompleteness: Practical construction by parties: Agreement to lease: Specific performance: Breach by both parties. 141 Gosczinski v. Carlson..... 551 Sheriffs: Shooting to prevent escape of prisoner: When justified: Assault: Liability: Damages: Inadequacy. Grand Rapids, City of, Pomainville v.. 384 Great Northern R. Co., Salus v. 546 Green Bay & M. C. Co. v. Kaukauna Gas, E. L. & P. Co.. 412 Public utilities: Acquirement by city: Liens: Assumption: term: Fixing rental: Arbitration: Accord and satisfaction: Green Bay Paper & Fiber Co., Pulp Wood Co. v.. 604 362 Haas, Ripon Hardware Co. v... 466 Hansen v. Milwaukee Coke & Gas Co. 514 Nonsuit: Affirmance on appeal: Power to grant new trial. Hanson v. Chicago, Milwaukee & St. Paul R. Co........ 455 Harper, State ex rel. Ringer v.. Fraud: Conveyances of land: Bona fide purchaser: Husband Healy, Brennan v.... Heineman v. Old National Bank... Banks and banking: Payment of deposit to third person: Negligence: Validity of receipt: Signature procured by fraud: Evidence: Competency: Burden of proof: Instructions to jury: Appeal: Prejudicial error. 421 22 37 289 |