thrown off. There was no defect in the appliances or in the construction of the road, nor were the employees negligent. The evidence showed that the only practicable way to round the curve was to go at the speed of the cable; that the jerking was greater or less as the cable was slack or taut; that no method had been discovered to avoid these difficulties: Held, that the accident was not of a character for which defendant was liable.-HITE V. METROPOLITAN ST. RY. Co., Mo., 18. W. Rep. 262.

11. CARRIERS OF PASSENGERS Ejection Ticket.-A person who gets a ticket on his promise to the agent to pay therefor on his return, there not being time to pay before the starting of the train, and who thereafter makes such payment, is to be treated as a purchaser of the ticket in an action for ejection from the train.ELLSWORTH V. CHICAGO, B. & Q. RY. Co., Iowa, 63 N. W. Rep. 584.

12. CARRIERS-Passenger - Contributory Negligence. -The brakeman, when the train on which plaintiff, a girl 18 years old, used to traveling, was a passenger, came to a full stop before reaching the station, called out the station, and plaintiff thereupon left the car, and went out on the platform on which the brakeman was standing, and, thinking she had passed her station, stepped off the train while it was moving about four miles an hour: Held, plaintiff was guilty of con. tributory negligence -JACOB V. FLINT & P. M. R. Co., Mich., 63 N. W. Rep. 502.

13. CARRIERS OF PASSENGERS - Railroad CompanySick Passenger.-A railroad company is under obligation to give such care to a passenger who becomes sick on its train as is fairly practicable, with the facilities at hand, without thereby unduly delaying its train, or unreasonably interfering with the safety and comfort of its other passengers.-LAKE SHORE & M. S. RY. Co. V. SALZMAN, Ohio, 40 N. E. Rep. 891.

14. CONSTITUTIONAL LAW-Unlicensed Foreign Com pany.-A statute prohibiting citizens of Colorado from contracting in a foreign State, for insurance on property in Colorado, with a company not licensed to do business in Colorado, would be unconstitutional.FRENCH V. PEOPLE, Colo., 40 Pac. Rep. 463.

15. CONSTITUTIONAL LAW.-Const. U. S. Amend. 14, providing that no State shall deprive any person of life without "due process of law," does not authorize the Federal courts to review a conviction by a State court on account of errors involving the competency of jurors, or to determine whether a proposed execution of a death sentence, after the expiration of a reprieve, is in pursuance of law. IN RE BUCHANAN, N. Y., 40 N. E. Rep. 883.

16. CONTEMPT OF COURT-Taking Possession of Property in Suit.-Respondent sued the relator in a justice court to recover possession of land. An appeal to the county court from a judgment for respondent was dismissed, and the relator prosecuted a writ of error from the judgment of dismissal, which was by order made to operate as a supersedeas. Respondent filed a motion to dismiss the order, and, pending the deter mination thereof, on the advise of counsel, took possession of the property, in relator's absence and without his consent: Held, that taking possession of the property under such circumstances constituted contempt of court.-HAMILL V. BANK OF CLEAR CREEK COUNTY, Colo., 40 Pac. Rep. 447.

17. CONTRACTS BY COUNTY COMMISSIONERS. A contract made with the board of county commissioners at their regular meeting in the first week of January, to set as county printer for that year, is valid, notwithstanding a majority of the board, as it then existed, was to go out of office the ensuing week. LIGGETT V. BOARD OF COM'RS OF KIOWA COUNTY, Colo., 40 Pac. Rep. 475.

18. CONTRACT Partial Abandonment Quantum Meruit.-A contractor who has abandoned work for which he contracted cannot recover on a quantum meruit for the part done by him unless the contract was rescinded, or its complete performance was ren.

dered impossible by the wrongful conduct of defendants.-MCGONIGLE V. KLEIN, Calo., 40 Pac. Rep. 465.

19. CONTRACTS-Construction. - Whether a contract. is entire or separable into several distinct and independent contracts is a question of intention of the parties, to be ascertained from the language employed and the subject matter of the contract.-HUTCHENS V. SUTHERLAND, Nev., 40 Pac. Rep. 409.

20. CONTRACT TO BUY LAND. - Where the vendee in a contract for the sale of land, which provides for its forfeiture in case of default in payments, assigns his interest thereunder as collateral security, and the contract is subsequently declared forfeited by the vendor, any rights which the vendee has in the payments already made pass to his assignee. - HOOPER V. VAN HUSEN, Mich., 63 N. W. Rep. 522.

21. CORPORATIONS. Where, on the organization of a corporation, one of the subscribers advances more money than his subscription calls for, the excess being in payment for stock issued to another subscriber, the corporation is not liable for such excess, and a note and mortgage given by it therefor are invalid.HODSON V. EUGENE GLASS CO., Ill., 40 N. E. Rep. 971.

22. CORPORATIONS Maintaining Nuisance - Injunc tion. Injunction will, at the suit of the State, lie against a corporation where it is misusing and abusing its corporate franchises and privileges, and is maintaining its property as a nuisance, though its acts also constitute a crime.-COLUMBIAN ATHLETIC CLUB V. STATE, Ind., 40 N. E. Rep. 914.

23. CORPORATION - Insolvent Corporations - Unpaid Subscriptions. -The court of chancery has the right, in proceedings to wind up the affairs of insolvent corporations, to direct the receiver to make a call upon subscribers to pay up their unpaid subscriptions to the capital stock.-BARCALOW V. TOTTEN, N. J., 32 Atl. Rep. 2.

24. CORPORATION - Stockholder - Right to Examine Books. The fact that a stockholder, in demanding permission to inspect the books of the corporation, asks to see some that he is not entitled to see, does not justify a refusal to permit him to inspect any of the books. ELLSWORTH V. DORWART, Iowa, 63 N. W. Rep. 588.

25. COUNTIES Construction of Bridges. Where counties and municipalities are, within their respective limits, given full power and control, in the one case over highways and in the other over streets and bridges, a county cannot construct a bridge, within a town, only accessible over streets and highways controlled by the town. -NELSON V. BOARD OF COM'RS OF GARFIELD COUNTY, Colo., 40 Pac. Rep. 474.

26. CRIMINAL EVIDENCE-Homicide. - Where the issue was whether defendant acted in defense of his own life, or to prevent great bodily harm, the degree of his guilt cannot be affected by the actions of others at the time, or after the affray who, without concert or combination, and without the knowledge of defendant or the deceased, took part in the affray, and hence evidence of these circumstances is inadmissible. - WHITAKER V. STATE, Ala., 17 South. Rep. 456.

27. CRIMINAL LAW Election.-Where, for the purpose of proving the charge in an indictment, charging the defendant with committing the offense of selling intoxicating liquors contrary to the statute, evidence is introduced tending to prove the commission of two or more separate and distinct offenses, it is the duty of the court, before the defendant is put upon his defense, if requested so to do, to require the prosecution to elect upon which transaction the State will rely for a conviction.-STATE V. VALENTINE, S. Dak., 63 N. W. Rep. 541.

28. CRIMINAL LAW Corpus Delicti. A conviction cannot be had for obtaining property under false pretenses on the extrajudicial statements and admissions of defendant alone as to the falsity of the statements, such falsity being part of the corpus delicti, which must be proved otherwise.-PEOPLE V. SIMONSEN, Cal., 40 Pac. Rep. 440.

29. CRIMINAL LAW-Homicide-Self-Defense.-An instruction that life can be taken only in resisting "an assault threatening, imperiling life," is erroneous, as there need not be an actual peril existing; it is enough that the circumstances are such as to create a reasonable belief, and that the party does believe he is in imminent peril of life or limb.-THOMAS V. STATE, Ala., 17 South. Rep. 460.

30. CRIMINAL LAW-Withdrawal of Plea.-It is within the discretion of a trial court to allow a plea of not guilty to be withdrawn for the purpose of presenting a motion to set aside the indictment upon grounds which, if established, would be fatal to the verdict.STATE V. VAN NICE, S. Dak., 63 N. W. Rep. 537.

31. CRIMINAL PRACTICE - Receiving Stolen Goods.In an indictment for receiving stolen goods the name of the thief or of the person from whom the goods were received need not be set out. CAMPBELL V. STATE, Miss., 17 South. Rep. 441.

purpose of enabling the grantee to give a good title to the land described in said deed, and "did not change the legal relation of the parties," but no new declaration of trust was executed: held, that the transaction in the State of Illinois had the effect to legalize the entire transaction, and that the declaration of trust is to be regarded as though re-executed in the State of Illinois, and attached to, and constituting a part of, the Illinois transaction.-COMMERCIAL BANK OF UNION CITY, IND., V. JACKSON, S. Dak., 63 N. W.Rep. 548.

39. DESCENT-Inheritance by Adopted Child.-Where, at the time of an adoption, there was no act relating to the adoption of children, the person adopted does not, by an act making him the heir of one of his adopted parents, thereby become entitled to inherit from the other.-WEBB V. JACKSON, Colo., 40 Pac. Rep. 467.

40. DIVORCE-Alimony from Decedent's Estate.-The court may grant an absolute divorce, reserving the question of permanent alimony; and the subsequent death of defendant will not oust the court of jurisdiction to award such alimony out of decedent's estate.-SEIBLY V. INGHAM CIRCUIT JUDGE, Mich., 63 N. W. Rep. 528.

41. DRAINAGE.-Under Rev. St. 1894, § 5638 (Elliott's Supp. § 1208), providing that where a person fails to perform his drainage allotment the township trustee shall do it, and may bring suit for the expense, he may not only sue in his own name, but in the name of the township.-HOCK V. MONROE TP., Ind., 40 N. E. Rep.

925.

42. EASEMENT Private Way-Prescription.-Where one who had, for a period of more than two years, used as a private way a strip of land belonging to another, and then, at the request of the owner, abandoned this strip, and, with his consent, used in its stead, as a private way, for more than five but less than seven years, another strip of land belonging to him, no prescriptive right to the use of either strip as such private way arose in favor of the person first mentioned; and, whatever may be the rights of this person under the facts stated, the ordinary had no jurisdiction to summarily order the removal of obstructions placed in the new strip by the owner.PETERS V. LITTLE, Ga., 22 S. E. Rep. 44.

43. EASEMENT BY PRESCRIPTION.-One whose lands abut on a strip acquired by a railroad company as its right of way has no rights over such strip, though it was used for passage to the lands for over 30 years, where the railway company actually and continuously occupied it, and maintained notices that the property was private.-ANDRIES V. DETROIT, G. H. & M. RY. CO., Mich., 63 N. W. Rep. 526.

44. ESTOPPEL Acquiescence. -Plaintiff and his grantor had for nearly 30 years asserted title and paid taxes on certain land, under a patent from the United States, with the knowledge of defendant's grantors. Defendant claimed that the land was swamp land, ceded to the State by Act of Congress of September 28, 1850, whence his title originally came, and each grantor in defendant's line of title had conveyed by quitclaim deed to defendant's immediate grantor, with nominal consideration, and specially reserving the right to any indemnity which might thereafter be granted by the United States in case of failure of title in the State: Held, that defendant was estopped from denying plaintiff's title.-KNAPP V. PAINE, Iowa, 63 N. W. Rep.

nected with defendant, are inadmissible.-TREAGER V. JACKSON COAL & MINING CO., Ind., 40 N. E. Rep. 907.

47. EVIDENCE - Res Geste.-In an action to recover for property destroyed by fire alleged to have orig. inated through the negligence of defendant's workman, evidence of declarations of the workman, made while the fire was in progress, that the fire was caused by his carelessness, was admissible.-SHAFER V. LA сосk, Penn., 32 Atl. Rep. 44.

48. FALSE IMPRISONMENT - Probable Cause. In trespass for false imprisonment, based on the illegality of the original arrest, it was proper to charge that, if defendant caused the lodging of the information against and the original arrest of plaintiff, knowing there was no ground for the proceeding, or having no reasonable cause to believe it warranted, and if he refused to accept bail from plaintiff, or in either case, he was liable. -GROHMANN V. KIRSCHMAN, Penn., 32 Atl. Rep. 32.

49. FALSE REPRESENTATIONS-Evidence. The plaintiff took from the defendant a written assignment without recourse of a bond on M, and sued to recover his money back on the ground of fraudulent representation. To avoid such contract, the representation must be of a material fact, and be false, within the knowledge of defendant, and be made with intent on his part that plaintiff should act upon it, which represen tation the plaintiff, in ignorance of its falsity relies upon, and is thereby misled to his injury and damage. -HOUSTON V. MCNEER, W. Va., 22 S. E. Rep. 80.

50. FRAUDULENT CONVEYANCE - Husband to Wife.In an action to set aside a deed from husband to wife as in fraud of creditors, the testimony of either husband or wife, as to transactions and conversations between them, not in the presence of third persons, as to how the land should be purchased, how it should be paid for, and how title should be taken, must be ex cluded, under Mill. & V. Code, § 4563, rendering the husband or wife incompetent to testify as to any matter that occurred between them by virtue of or in consequence of the marital relation.-PHOENIX FIRE & MARINE INS. CO. V. SHOEMAKER, Tenn., 31 S. W. Rep.

270.

51. HOMESTEAD RIGHT IN URBAN PROPERTY.-The homestead law exempts from execution, as the homestead of the debtor, any quantity of land, not exceeding in amount one half acre, to be selected by the owner thereof "within the laid out or platted portion of any incorporated town, city or village having less than five thousand inhabitants, and the dwelling house thereon and its appurtenances owned and occupied" by him. A debtor owned several adjacent lots, exceeding in area one-half acre in the laid-out and platted portion of such a city. A part of this tract was covered by her dwelling house and its appurtenances; another part by a brick store owned by her, and not a part of, or appurtenant to, the dwelling house: Held, in selecting her homestead, she could not reject a part of the dwelling or its appurtenances for the purpose of including in her selection the brick store.-How v. FIRST NAT. BANK OF SHAKOPEE, Minn., 63 N. W. Rep. 632.

52. INNKEEPER'S LIEN - Board of Horse. - A hotel keeper has no innkeeper's lien for the board of horse under express agreement with one who was not the owner thereof, nor a guest at the hotel. -ELLIOTT V. MARTIN, Mich., 63 N. W. Rep. 525.

53. INSURANCE-Agent-Revocation of Agent.-Where an insurance agent had authority to waive certain conditions in the policy, the exercise of such power after his agency has been revoked will bind the company, if the party dealing with him had no notice of the revocation. - BURLINGTON INS. CO. V. THRELKELD, Ark., 31 8. W. Rep. 265.

where there is nothing in the record showing that the case comes within any of the exceptions to the statute.-MATZENBAUGH V. DOYLE, Ill., 40 N. E. Rep. 935.

64. JUDGMENT - Lien-Incumbrance.-The lien of a docketed judgment constitutes, in the ordinary sense of the term, an incumbrance upon real property.WILLSIE V. RAPID VALLEY HORSE RANCH CO., Dak., 63 N. W. Rep. 546.

65. JUDGMENT-On whom Binding.-Where a person, holding a deed to land at the time the title is in litiga tion between her grantor and a third person, suppresses knowledge of her title, and participates in and directs the defense, she is bound by the judgment. -MCCLELLAN V. HURD, Colo., 40 Pac. Rep. 445.

66. JUSTICE OF THE PEACE-Jurisdiction.-A justice of the peace, having no implied authority to act ju. dicially, is limited in the exercise of such power by the express provisions of the statute.-LEONOSIO V. BARTILINO S. Dak., 63 N. W. Rep. 543.

67. LANDLORD AND TENANT-Construction of Lease.The first part of a written contract provided that defendant should rent plaintiff's farm "for one year," and in the latter part was a provision that the contract was to run as long as the parties agreed. Before the expiration of the year, plaintiff notified defendant that he could not hold over: Held that, to create a tenancy for one year only, plaintiff was not obliged to serve the written notice required to ter minate a tenancy from year to year. - DUNPHY V. GOODLANDER, Ind., 40 N. E. Rep. 924.

68. LANDLORD AND TENANT-Lease.-Where a lease stipulated that the lessor did not covenant against disturbance by the holder of a paramount title, and the lessee was not disturbed in his possession during the term, it is no defense, in an action for the rent, that the title has been adjudged in a stranger.HOCHENAUER V. HILDERBRANT, Colo., 40 Pac. Rep. 470. 69. LANDLORD AND TENANT-Lease -Alteration.- A provision in a sealed lease declaring that alterations made by the tenant without the landlord's written consent shall be cause of forfeiture may be waived by the landlord's orally agreeing to the making of the alterations.-MOSES V. LOOMIS, Ill., 40 N. E. Rep. 952. 70. LIBEL-Pleading. To charge in writing that a man is an "ex convict" is libelous per se; hence in an action therefor, no colloquium is necessary.-MORRISSEY V. PROVIDENCE TELEGRAM CO., R. I., 32 Atl. Rep. 19.

71. LIBEL AND SLANDER.-In determining whether a publication is libelous per se the headlines of the same cannot be disregarded, for in them is frequently found the "sting" of the publication.-LANDON V. WATKINS, Minn., 63 N. W. Rep. 615.

72. MANDAMUS FOR COLLECTION OF TAX.-Mandamus will not lie for the collection of taxes where other adequate remedy is provided.-EYKE V. LANGE, Mich., 63 N. W. Rep. 535.

73. MASTER AND SERVANT - Injuries to Servant.-A servant is not bound to inspect machinery furnished by his master in order to discover latent defects therein. PENNSYLVANIA COAL CO. V. KELLY, Ill., 40 N. E. Rep. 938.

74. MASTER AND SERVANT-Negligence-Assumption of Risk.-One who voluntarily assumes a risk thereby waives the provisions of a statute made for his protection; and, where a statute does not otherwise provide, the rule requiring the plaintiff, in an action for negligence, to be free from fault contributing to his injury, is the same, whether the action is brought un der a statute or at common law.-KRAUSE V. MORGAN, Ohio, 40 N. E. Rep. 886.

75. MASTER AND SERVANT-Negligence of Vice-principal. A minor has the right to rely upon the superior skill and knowledge of the foreman having authority over him, and if, in obedience to such foreman's direction, he runs into unknown dangers, against which it is the duty of the foreman to warn him, but which duty such foreman negligently fails to perform, he cannot be held to be guilty of contributory negligence

or to have assumed the risk of such dangers.-TURNER V. NORFOLK & W. R. Co., W. Va., 22 S. E. Rep. 83.

76. MECHANIC'S LIEN-School District.-A school dis3rict is not the owner of school property, within Sess. Laws 1889, pp. 247-253 (Gen. St. 1883, pp. 662-669), providing for a mechanic's lien in favor of contractors and subcontractors on the property of the owner.FLORMAN V. SCHOOL DIST. No. 11, EL PASO COUNTY, Colo., 40 Pac. Rep. 469.

77. MINING CLAIM-Patent to Alien.-The grant of a patent to a mining claim from the United States to one who procured it for and assigned it to an alien is the judgment of a special tribunal, and cannot be collaterally attacked by a third party.-JUSTICE MIN. Co. v. LEE, Colo., 40 Pac. Rep. 444.

78. MORTGAGE.-Where a note secured by mortgage upon property in this State is executed in this State, and the note is made payable in another State, but contains the stipulation, "it is agreed that this note is execnted and is to be construed under the laws," of this State, it will be treated as not only made in, but payable in, this State in construing it, and determining the rights of the parties under the note and mortgage.-JONES V. FIDELITY LOAN & TRUST CO., S. Dak., 63 N. W. Rep. 553.

79. MORTGAGE Delivery.-A banker who held a $10,000 mortgage in trust for one of his depositors wrongfully converted it to his own use. After doing this, he executed one note for $7,000, and another for $3,000, each secured by a mortgage, and informed the depositor that he had changed the $10,000 mortgage into two, and had set them apart for him by placing them in the hands of his son to be recorded. The depositor assented to this arrangement, but the mort gages were not recorded, and shortly thereafter the banker made an assignment, leaving these notes and mortgages in his vault: Held, that the depositor was entitled to them as against the assignee, there having been a sufficient delivery.-KNAPSTEIN V. TENNETTE, Ill., 40 N. E. Rep. 947.

80. MORTGAGES-Payment to Alleged Agent.-Complainants gave a mortgage to defendant to secure a note, both instruments being forwarded to an agent of the mortgagee, who retained the same, and, from time to time, as the interest came due, forwarded the coupons to M, who collected the interest thereon. Subsequently the principal and balance of interest was paid to M upon his agreement to send for and get a discharge of the mortgage, but instead of so doing he used the money in his own business, and the mortgage was never discharged: Held, that the payment of interest to M did not make it the agent of the mortgagee for the collection of the principal, and afforded the mortgagor no defense to an action of foreclosure. -TROWBRIDGE v. Ross, Mich., 63 N. W. Rep. 534.

81. MORTGAGES - Presumption of Payment.-Where the bond secured by a mortgage is not produced, or its loss accounted for, the presumption of the payment of the mortgage debt is conclusive.-WARD v. MUNSON, Mich., 63 N. W. Rep. 498.

82. MUNICIPAL CORPORATIONS - Contracts Public Printing. Under the charter of the city of Tacoma, the city council cannot arbitrarily refuse te entertain the bid of a person for the city printing, because at the time the bidder is not the owner of a newspaper.BERRY V. CITY OF TACOMA, Wash., 40 Pac. Rep. 414.

83. MUNICIPAL CORPORATION-Defective Sidewalks.The duty of a city to keep a sidewalk reasonably safe for public use extends to all of the sidewalk intended for travel by the public as a thoroughfare, and is not confined to keeping in a safe condition a special part only of the sidewalk which happens to be most generally used.-CITY OF ATLANTA V. MILAM, Ga., 22 S. E. Rep. 43.

84. MUNICIPAL CORPORATION Defective Streets.-A city is not liable for injuries to a minor of five years, who, after climbing upon a platform and playing with an appliance, fell into an excavation made by a contractor for the purpose of constructing a sewer, where

that part of the street was closed against travel and guarded against accident to persons in the ordinary use of the street.-HAMILTON V. CITY OF DETROIT, Mich., 63 N. W. Rep. 511.

85. MUNICIPAL CORPORATION - Foreign Insurance Companies-Tax.-One section of a city charter gave the city power to license, tax, and regulate all insur. ance companies, and their agents, doing business in the city; and another section gave it power to license certain other occupations, and declared that not more than $500 should be required for any such license: Held, that the city might require insurance companies to pay 2 per cent. of their premiums to the city, for the use of the fire department, regardless of the amount of such premiums, since such requirement is not a license.-HARTFORD FIRE INS. CO. V. CITY OF PEORIA, III, 40 N. E. Rep. 967.

93. OFFICE AND OFFICER- Misconduct - Removal.Under Pen. Code, § 772, providing for the removal of officers for violation of duty, a sheriff cannot be removed from office, while serving his second term, for offenses committed during his first term.-THURSTON V. CLARK, Cal., 40 Pac. Rep. 435.

94. OFFICE AND OFFICERS-Passes to Public Officers. -Under Const. art. 13, § 5, providing that no public officer shall receive a free pass from any corporation, a railroad policeman, appointed pursuant to Laws 1890, ch. 565, § 58, and employed by defendant corporation to prevent depredations upon its property, is not prohibited from receiving a pass from defendant, where the pass was part of the compensation plaintiff was to receive for rendering services to defendant, and was not, therefore, gratuitous.-DEMPSEY V. NEW YORK CENT. & H. R. Co., N. Y., 40 N. E. Rep. 867.

95. PARTNERSHIP-What Constitutes. - An agreement between two persons that they will undertake jointly the enterprise of buying a piece of land and selling it again at an advance, each to have one-half the profits, does not constitute a partnership. - GOTTSCHALK V. SMITH, III., 40 N. E. Rep. 937.

96. PLEADING-Waiver.-Where a party goes to trial without a reply to new matter set up in the answer, the reply is thereby waived, and the answer is taken as denied.-HELTON V. WELLS, Ind., 40 N. E. Rep. 930.

97. PROCESS- Service. The term "the house of his usual abode," as used in Gen. St. 1894, § 5199, subd. 4, means a person's customary dwelling place or resi dence. It is not the equivalent of domicile in all particulars, for one's place of abode or home once ac. quired does not necessarily continue until another one is obtained.-MISSOURI, K. & T. TRUST CO. V. NORRIS, Minn., 63 N. W. Rep. 634.

98. PROCESs-Writs-Service on Corporation.- Un. der Rev. St. Tex. art. 1223, authorizing the citation in a suit against an incorporated company to be served on the president, secretary, or treasurer or on the local agent of such company, where the writ com. mands the marshal to summon a railroad company, but does not name the officer on whom it is to to be served, a return showing service of the citation on the president, secretary, and local agent, respectively, in person, shows a valid service on the railroad company.-ILLINOIS STEEL CO. V. SAN ANTONIO & G. S. RY. Co., U. S. C. С. (Тех.), 67 Fed. Rep. 561.

99. RAILROAD COMPANY- Injury to Passenger-Tort of Servant.-A railroad company is liable for torts committed in the discharge of his duty by a brakeman against a passenger.-LAMPKIN V. LOUISVILLE & N. R. Co., Ala., 17 South. Rep. 448.

100. RAILROAD COMPANY - Street Railway - Negligence. As plaintiff approached an electric street railway crossing, a wagon loaded with iron prevented his hearing an approaching car, and his view in the direction from which the car came was so obstructed that he could see but 25 feet of the track: Held that, though he was not bound to stop to ascertain whether a car approached, in driving directly upon the track he was guilty of negligence.-OMSLAER V. PITTSBURG & B. TRACTION CO., Penn., 32 Atl. Rep. 50.

101. RAILROAD LANDS - Taxation. A railroad company is bound by the statement made in the schedule filed by it with the county clerk that certain land owned by it is not part of its right of way.- Iowa CENT. RY. CO. V. PEOPLE, Ill., 40 N. E. Rep. 954.

102. RECEIVER-Appointment. - Under Code, § 2903, providing that the District Court may appoint a receiver during the pendency of an action, it may appoint such a receiver after a cause has been decided and appealed.-MITCHELL V. ROLAND, Iowa, 63 N. W. Rep. 606.

103. RECEIVER-Compensation. - After the appointment of a receiver, and during the pendency of further proceedings, a settlement was effected, stimulating that plaintiff should pay one-half of the expenses of the receiver, and certain of the defendants the other half: Held, a recognition of the regularity of the