'or cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
ales, and not an agency, contract.-Standard
'ashion Co. v. Magrane Houston Co., 593.
II. CONSTRUCTION OF CONTRACT.
58 (U.S.C.C.A.Mass.) Where a sales
ract ran for a two-year term, and from term
O term thereafter, until terminated by three
nonths' notice in writing given 30 days after
xpiration of any contract period, etc., a neg-
tive covenant not to sell certain goods during
he term of the contract applies to the entire
ife of the contract, and not merely to the first
wo-year term.-Standard Fashion Co. v. Ma-
rane Houston Co., 593.
See Admiralty, 118; Collision, 11, 71,
99; Criminal Law, 418; Damages, 46,
62. 131, 132, 133; Husband and Wife,
con-
209; Intoxicating Liquors, 138, 229; Mas-
ter and Servant, 128.
39 (U.S.C.C.A.N.Y.) A
terminate at the expiration of the lay days for
loading because loading has not then begun; but
where the agreement is to load at a certain rate
and thereafter pay demurrage, the ship must
wait thereafter for a reasonable time, the de-
murrage being the agreed compensation.-Steger
v. Orth, 73.
84 (U.S.C.C.A.Mass.) Where a sales con-
ract ran for a term of two years, and from
erm to term thereafter, until terminated by
hree months' notice in writing given within 30 52 (U.S.C.C.A.N.Y.) Where a charterer re-
lays after expiration of any contract period, fuses to load the cargo contracted for, the own-
the duration of the contract is automatically er is under no obligation to accept a different
extended for another two-year term upon fail- cargo from him on different terms.-Steger v.
are to give the required notice.-Standard Orth, 73.
Fashion Co. v. Magrane Houston Co., 593.
V. LIABILITIES OF VESSELS AND
OWNERS IN GENERAL.
IX. CONDITIONAL SALES.
474(2) (U.S.C.C.A.Mich.) Although a chattel 81(1) (U.S.C.C.A.N.C.) A vessel is liable for
mortgage in Michigan is invalid as against
certain creditors, unless recorded, a conditional
contract of sale, which reserves title to the ven-
dor, is valid at the suit of the vendor, even
as against similar creditors.-Smith v. Carukin,
SEARCHES AND SEIZURES.
See Criminal Law, 1023.
5 (U.S.C.C.A.Tenn.) Denial of a motion by
defendant for the return of papers taken from
his pocket after arrest held error.-Laughter
v. U. S., 162.
SECRETARY OF WAR.
See Eminent Domain, 168.
See Criminal Law, 371, 812; War, 4.
See Attorney and Client, 77; Damages,
130; Principal and Agent, 162.
SENTENCE.
See Criminal Law, ~984.
SHERMAN ANTI-TRUST ACT.
See Criminal Law, 149, 423; Monopolies,
12, 29, 31.
the negligence of a mere pilot, even when em-
ployed under the compulsion of law.-Wilming-
ton Ry. Bridge Co. v. Franco-Ottoman Shipping
Co., 234.
81(2) (U.S.C.C.A.N.C.) Where a bridge over
a navigable river was a lawful structure, though
it obstructed navigation, a vessel must approach
it with reasonable skill and care to avoid in-
juring it, having in view the difficulty and peril
occasioned by the bridge itself, but need not
guarantee its safety.-Wilmington Ry. Bridge
Co. v. Franco-Ottoman Shipping Co., 234.
In an emergency created by a sudden sheer of
a vessel when approaching a drawbridge, naviga-
tor was responsible for reasonable care, not the
highest degree of skill and care.-Id.
84(3) (U.S.C.C.A.Md.) A ship, under duty to
furnish proper appliances for loading by a steve-
dore, who did so by furnishing a steam winch
and spools, held not chargeable with negligence
because it did not give instructions which to use
in a particular case, but left the choice to the
stevedore, which employed experienced men, and
which by making an improper choice caused the
death of an employé.-Atlantic Transport Co.
v. State of Maryland, 23.
86(2) (U.S.C.C.A.N.C.) Where a moving ves-
sel collided with a drawbridge, there is a pre-
sumption of negligence on the part of the ves-
sel; but that presumption may be rebutted by
proof that the course taken by the navigator in
the emergency caused by the location of the
bridge was prudent and skillful.-Wilmington
Ry. Bridge Co. v. Franco-Ottoman Shipping Co.,
234.
Where a collision occurred between a vessel
in tow of a tug and a drawbridge, which though
lawful, was constructed diagonally across the
channel, so as to allow very little room for pass-
ing vessels, evidence held not to show that the
vessel approached the bridge on a flood tide,
or that it was negligent navigation of the vessel
to attempt to turn to port, instead of immediate-
ly anchoring, after she began to sheer to star-
board when passing close to shoals near the
bridge, as she was compelled to do to pass
through the draw.-Id.
VIII. CARRIAGE OF PASSENGERS.
166(4) (U.S.C.C.A.Mich.) On libel by
number of passengers on respondents' vessel,
evidence held sufficient to sustain a finding that
they were supplied with water infected with
typhoid fever germs.-Chicago, D. & G. B.
Transit Co. v. Moore, 466.
On libels by passengers on a steamship, evi-
dence held to warrant a finding that they con-
tracted typhoid fever from drinking polluted
water which was furnished by the vessel.-Id.
Evidence held to warrant a finding that one
passenger on respondents' vessel contracted
arthritis, resulting from an intestinal infec-
tion from drinking impure water furnished on
the vessel.-Id.
Evidence held to warrant a finding that one
passenger on respondents' vessel contracted ty-
phoid fever resulting from impure drinking
water furnished by the vessel, and that gall-
stones resulted therefrom.-Id.
Evidence held insufficient to warrant a find-
ing that a passenger on a vessel, who became
ill, suffered from typhoid or paratyphoid fever
contracted from drinking impure water fur-
nished by the vessel.-Id.
A finding that a passenger on a vessel, as a
result of drinking impure water furnished, con-
tracted typhoid fever, which caused a rectal ab-
scess, held warranted.-Id.
183 (U.S.C.C.A.N.Y.) Interest is allowable
on demurrage based on charter party agreement,
whatever the form of action.-Steger v. Orth,
73.
X. GENERAL AVERAGE.
17 (U.S.C.C.A.Colo.) Bondholders of an ir-
rigation district held entitled to enforce sp
cific performance of a contract between the dis
trict and a third party, who was willing to per
form, where its abandonment by the district
would defeat the purpose for which it was or
ganized, and leave the bondholders without se
curity.-Gas Securities Co. v. Antero & Lest
Park Reservoir Co., 399.
II. CONTRACTS ENFORCEABLE.
74 (U.S.C.C.A.Colo.) Under some circum
stances a court may decree specific performance
of a construction contract.-Gas Securities Co
v. Antero & Lost Park Reservoir Co., 399.
STAMP TAX.
See Internal Revenue, 19.
I. POLITICAL STATUS AND RELA-
TIONS.
12(2) (U.S.C.C.A.Tenn.) Relative to trans
porting whisky into Tennessee from Missour
in violation of Act March 3, 1917, § 5 (Com
St. 1918, § 8739a), in the absence of evidenc
of avulsion, the middle of the navigable chanta
of the Mississippi as it then existed is to b
taken as the state line.-Bishop v. U. S., 26.
STATUTE OF LIMITATIONS.
See Limitation of Actions.
STATUTES.
For statutes relating to particular subjects, se
the various specific topics.
VI. CONSTRUCTION AND OPERATION
(A) General Rules of Construction.
196 (U.S.C.C.A.P.R.) Harter Act, § 3, re-
lating to liability of vessel owners, does not ex-225 (U.S.C.C.A.Mass.) The fact that t
onerate a vessel owner from liability for gen-
eral average contribution in respect to cargo
jettisoned. The Ernestina, 572.
200 (U.S.C.C.A.P.R.) A general average
decree cannot be entered against vessel owners
for items due cargo owners not parties to the
record. The Ernestina, 572.
A general average decree, including items in
favor of cargo owners not parties to the rec-
ord, is not cured by the alleged failure of de-
fendant shipowner to obtain security from such
cargo owners or to have a general average
stated.-Id.
SPECIFIC PERFORMANCE.
See Estoppel, ~62.
I. NATURE AND GROUNDS OF REM-
EDY IN GENERAL.
Clayton Act Oct. 15, 1914, was enacted afte
similar restrictions had been held not obnoxios:
at common law or under federal and state ant
trust laws, creates an inference that Congres
intended to change the law.-Standard Fashio
Co. v. Magrane Houston Co., 593.
UNITED STATES.
BANKRUPTCY ACT.
Act 1898, July 1, ch. 541, 30 Stat. 544.
$ 24b....
§ 47a. Amended 1910, June 25, ch. 412, §
8, 36 Stat. 840...
$ 60. Amended 1910, June 25, ch. 412, §
11, 36 Stat. S42......
12 (U.S.C.C.A.Colo.) A party to a contract
who aided and abetted actions by others which See Penal Code.
were the sole cause of a breach of contract by
the other party cannot urge such breach as a
defense to a suit for specific performance.-
Gas Securities Co. v. Antero & Lost Park Res-
ervoir Co., 399.
Act 1911, March 3, ch. 231, 36 Stat. 1087.
For cases in Dec. Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
1909, Aug. 5, ch. 6, 36 Stat. 111...
1910, April 5, ch. 143, 36 Stat. 291..
1913, Feb. 13, ch. 50, 37 Stat. 670.
1914, March 12, ch. 37, 38 Stat. 305.
1914, Oct. 15, ch. 323, 38 Stat. 730.
Amended 1896, April 1, ch. 87, 29 Stat.
85; 1903, March 2, ch. 976, 32 Stat. 943 452 $
1896, April 1, ch. 87, 29 Stat. 85..
1898, July 1, ch. 541, 30 Stat. 544. See
Bankruptcy Act.
452 $$ 8605-8615.
§ 8657.
§§ 8657-8665.
1903, March 2, ch. 976, 32 Stat. 943.. 452 $$ 8812-8819.
1906, April 26, ch. 1876, § 19, 34 Stat. 144 370 § 8820.
1907, Feb. 20, ch. 1134, 34 Stat. 898.. 72 $ 8835c.
1908, April 22, ch. 149, 35 Stat. 65...100, 205,
1908, April 22, ch. 149, 35 Stat. 65.
Amended 1910, April 5, ch. 143, 36 Stat.
291
1908, April 22, ch. 149, § 1, 35 Stat. 65...
1908, May 27, ch. 199, § 5, 35 Stat. 313.. 370 $
1909, March 4, ch. 321, 35 Stat. 1088. See
COMPILED STATUTES 1918.
452 $8 42894a-42891⁄4 u.
1910, June 23, ch. 373, § 1, 36 Stat. 604.. 63 $ 8739a.
1910, June 25, ch. 395, 36 Stat. 825..
1910, June 25, ch. 395, § 2, 36 Stat. 825 35 §§ 10387a-10387c.
1910, June 25, ch. 412, § 8, 36 Stat. 840.. 254 § 104964b..
1910, June 25, ch. 412, § 11. 36 Stat. 842 583
1910, June 25, ch. 421, 36 Stat. 847..... 347 COMPILED STATUTES ANNOTATED SUP-
1910, June 25, ch. 421, § 1, 36 Stat. 847.. 347
1911, March 3, ch. 231, 36 Stat. 1087. See
S$ 311511/12f-311511/128gg.
436 88.42894a-42894b, 42894bb, 42894c-
251 42894 u
1914, Oct. 15, ch. 323, § 3, 38 Stat. 731.. 793 $ 10212c.
1914, Oct. 22, ch. 331, § 5, and Schedule A,
38 Stat. 753, 759..
§§ 10387a-10387c.
609 8 10496b..
1916, Aug. 29, ch. 415, § 3, 39 Stat. 539.. 508
1916, Aug. 29, ch. 418, § 3, 39 Stat. 651.. 28
1916, Sept. 6, ch. 448, § 4, 39 Stat. 727.. 105
1917, Feb. 5, ch. 29, 39 Stat. 874..
377
1917, March 3, ch. 162, § 5, 39 Stat. 1069
§ 3452..
162, 172, 263, 276
1917, June 15, ch. 30, tit. 1, § 3, 40 Stat.
219
.260, 364
1917, June 15, ch. 30, tit. 1, § 3, 40 Stat.
219. Amended 1918, May 16, ch. 75, § 1,
40 Stat. 553..
1917, June 15, ch. 30, tit. 11, § 2, 40 Stat.
228
1918, Nov. 21, ch. 212, § 1, 40 Stat. 1045 487
1919, Feb. 26, ch. 48, 40 Stat. 1181.. ... 105 § 11.....
1918, May 16, ch. 75, § 1, 40 Stat. 553.
93(3) (U.S.C.C.A.Colo.) Evidence held in-
sufficient to establish such similarity between
the advertising literature of defendant and com-
plainant as to amount to unfair competition.-
Schulte v. Colorado Tire & Leather Co., 524.
TRADE UNIONS.
See Criminal Law, 423; Monopolies, 12
66 (U.S.C.C.A.Ohio) On expiration of the
franchise rights of a street railroad company
to use the streets of a city if the company at
the city's request continues to occupy the streets
and to give service, the regulatory power of the
city can be exercised only subject to the condi-
tion that it must not bring about confiscation.
-City of Toledo v. Toledo Rys. & Light Co., See Railroads, 359, 391.
See Criminal Law, 423.
TAXATION.
See Criminal Law, ~330; Internal Revenue.
TENANCY IN COMMON.
See Corporations, 619; Wills, 748.
See Descent and Distribution, 83.
See Criminal Law, 371, 812; War, 4.
TRESPASS.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
properly refused where reasonable men might
reasonably differ as to inferences to be drawn
from the evidence.-American Locomotive Co. v.
Thornton, 381.
148 (U.S.C.C.A.N.Y.) Where plaintiff's
counsel, on both parties moving for a directed
verdict, contended there were no jury questions,
denial of his motion to submit issues of fact, "if
any there be," to the jury, does not constitute
reversible error.-Sampliner v. Motion Picture
Patents Co., 220.
(D) Direction of Verdict.
177 (U.S.C.C.A.N.Y.) If both parties re-
quest a directed verdict, issues of fact need be
submitted to the jury only where there are
controverted questions of fact upon which the
court has not made findings pursuant to sub-
mission by the parties.-Sampliner v. Motion
Picture Patents Co., 220.
VII. INSTRUCTIONS TO JURY.
(A) Province of Court and Jury in Gen-
191(10) (U.S.C.C.A.Va.) In a servant's per-
sonal injury action, a requested instruction as-
suming that a fellow servant's negligence was
sole cause of injury is properly refused, where
evidence indicated that defendant employer's
failure to inspect and repair a machine con-
tributed to injury.-American Locomotive Co.
v. Thornton, 381.
was for a certain lower wage, and that plaintiff
has been paid in full, an instruction that it is
either $60 a month-the contract alleged by
plaintiff and denied by defendant-or nothing
is erroneous, as taking from the jury the ques-
tion whether plaintiff had been paid the wages
at the rate alleged by defendant to have been
stipulated, exceeding the amount alleged in the
complaint to have been paid.-Brown v. Pullen,
658.
(E) Requests or Prayers.
260(1) (U.S.C.C.A.Mich.) Requests to
charge, covered by the general charge so far as
they were proper, were properly refused.-De-
troit United Ry. v. Weintrobe, 132.
XI. WAIVER AND CORRECTION OF
IRREGULARITIES AND ERRORS.
420 (U.S.C.C.A.Va.) Refusing a motion for
a directed verdict at close of plaintiff's case is
fers evidence in its own behalf.-American Lo-
not erroneous where defendant subsequently of-
comotive Co. v. Thornton, 381.
See Corporations, 619; Monopolies, 12-
31; Railroads, 144; Waters and Water
Courses, 230.
194(19) (U.S.C.C.A.N.J.) It is proper to re-
fuse a requested instruction in servant's per-
sonal injury action when the granting of the
request would have required the jury to disre-
gard plaintiff's testimony, and to accept defend- I. CREATION, EXISTENCE, AND VA-
ant's testimony as to how and when the acci-
dent happened.-Philadelphia & R. Ry. Co. v.
McKibbin, 452.
(D) Applicability to Pleadings and Evi-
dence.
248 (U.S.C.C.A.Mich.) Where an employé
of a contractor, in the course of constructing
buildings near a high tension electric wire, met
his death when he touched the wires with his
hands, held that, in an action against the com-
pany, a charge that the electric company was
not bound to provide for absolute safety of our
coming in contact with the wires, but was only
bound to use reasonable care, depending on the
circumstances, was not erroneous, though it
gave the jury only an abstract rule.-Curcuru
v. Peninsular Electric Light Co., 79.
251(8) (U.S.C.C.A.Mich.) In an action
against an interurban railroad for deaths at
its crossing, instruction held not erroneous as
submitting the theory of last clear chance not
pleaded.-Detroit United Ry. v. Weintrobe, 132.
252(11) (U.S.C.C.A.Va.) In a servant's per-
sonal injury action, a requested instruction bas-
ed upon theory that it was plaintiff's duty to
supervise the inspection of machine which caus-
ed his injury was properly refused where evi-
dence showed fact to be otherwise.-American
Locomotive Co. v. Thornton, 381.
253(5) (U.S.C.C.A.Alaska) The complaint
alleging work for a time under employment at
a certain wage, a certain payment, and a cer-
tain balance due, and answer denying such
wage was stipulated, and alleging agreement
84 (U.S.C.C.A.Ohio) Where a railroad com-
pany, which owned all the stock of and operated
a second company, after receiving damages for
condemnation of terminal property of the sec-
taking title in its own name, as the property of
ond company purchased new terminal facilities,
the second company was subject to a mort-
neither company having sufficient funds to pay
gage including after-acquired property, and,
outright for the new terminal, property had to
be mortgaged, held that, under the circumstanc-
es, a resulting trust in favor of the second com-
pany arose, under Burns' Ann. St. Ind. 1914,
$$ 4017, 4019.-Toledo & C. R. Co. v. Cincin
nati, I. & W. R. Co., 613.
(C) Constructive Trusts.
110 (U.S.C.C.A.R.I.) In a suit by the trus-
tee of a bankrupt mining company against
stockholders and officers of the company on the
theory that directors and stockholders who had
acquired title to mining claims which the com-
pany was developing under an option contract
to purchase and who were working in connee-
tion with the manager of the company who ex-
pected to acquire its valuable personal property
by enforcing his claim for salary, evidence
held to establish a conspiracy to wreck the com-
pany and to furnish basis for the enforcement
of a constructive trust; the parties to the con-
spiracy acting in violation of the relation of
trust.-Munro v. Smith, 1.
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