City's authority to regulate street car fare.

. Cited in Chicago Union Traction Co. v. Chicago, 199 Ill. 484, 59 L. R. A. 645, 65 N. E. 451, sustaining city's power to regulate amount of street car fares and transfer tickets.

29 L. R. A. 492, HART v. WASHINGTON PARK CLUB, 157 Ill. 9, 48 Am. St. Rep. 298, 41 N. E. 620.

Presumption of negligence.

Cited in Cook v. Piper, 79 Ill. App. 294, holding that fall of cake of ice from rear of wagon upon child raises presumption of carelessness; Metropolitan West Side Elev. R. Co. v. McDonough, 87 Ill. App. 40, holding fall of bolt, injuring pedestrian underneath elevated railroad structure, prima facie negligence; Bjornson v. Saccone, 88 Ill. App. 11, holding res ipsa loquitur has no application to injury of subcontractor by collapse of building; Armour v. Golkowska, 95 Ill. App. 495, holding that fall of barrel from platform above servant, causing injury, raises presumption of negligence; Chicago City R. Co. v. Rood, 163 Ill. 484, 54 Am. St. Rep. 478, 45 N. E. 238, holding that injury to passenger by being hit by wagon while on street car creates no presumption of company's negligence; Chicago City R. Co. v. Eick, 111 Ill. App. 454, and Chicago City R. Co. v. Barker, 209 111. 326, 70 N. E. 624, holding that presumption as to street car company's negligence arises from collision between wagon and car which was running with no one attending it; Holliday v. Gardner, 27 Ind. App. 243, 61 N. E. 16 (dissenting opinion), majority holding statement of driver of runaway team that "he was glad he struck horse" insufficient to show negligence.

Sufficiency of allegations of negligence.

Cited in note (59 L. R. A. 275) on sufficiency of general allegations of negligence.

Liability for injury to spectator at, or on way to, public exhibition. Cited in Hallyburton v. Burke County Fair Asso. 119 N. C. 529, 38 L. R. A. 157, footnote p. 156, 26 S. E. 114, denying right of action against fair association which was free from negligence, for injury to bystander by bolting of vicious horse from race track; Indianapolis Street R. Co. v. Dawson, 31 Ind. App. 608, 68 N. E. 909, holding street car company liable for conspiracy among its employees to assault colored people at exhibition given in company's park, where company, having knowledge of such conspiracy, transported colored people without warning them; Thornton v. Maine State Agri. Soc. 97 Me. 114, 94 Am. St. Rep. 488, 53 Atl. 979, holding agricultural society liable for death of one killed by stray bullet fired in shooting gallery on fair grounds.

Cited in footnotes to Richmond & M. R. Co. v. Moore, 37 L. R. A. 258, which holds street car company owning park liable for killing of boy by fall of pole used in balloon ascension; Thompson v. Lowell, L. & H. Street R. Co. 40 L. R. A. 345, which holds street railway company liable for injury to spectator at free exhibition of markmanship given by independent contractor on company's grounds Smith v. Benick, 42 L. R. A. 277, which denies liability of proprietor of public resort for negligence of balloonist, who was an independent contractor; Sebeck v. Plattdeutsche Volksfest Verein, 50 L. R. A. 199, which denies proprietor's liability for injury to spectator by explosion of bomb in hands of skilled person at exhibition; Mastad v. Swedish Brethren, 53 L. R. A. 803, which holds

1160

L. R. A. CASES AS AUTHORITIES.

[29 L. R. A. proprietor of place of amusement required to use reasonable care to protect patrons from assaults by one rendered disorderly by liquor sold there; Clark v. Northern P. R. Co. 59 L. R. A. 508, which denies liability of railroad company permitting circus on its vacant land adjoining switch yard, for injury to person crossing yard to reach circus.

Duty to licensees.

Cited in Southern R. Co. v. Drake, 107 Ill. App. 16, holding employees of railroad contractor working on passage track on right of way, licensees while leaving dirt train to cross main track, toward whom railroad company owes duty of reasonable care; Sullivan v. Morrice, 109 Ill. App. 653, holding (arguendo) that contractors building house must not have premises in such condition as to injure licensee.

29 L. R. A. 496, DAVIS v. DODSON, 95 Ga. 718, 51 Am. St. Rep. 108, 22 S. E. 645.

29 L. R. A. 498, PULLMAN'S PALACE CAR CO. v. MARTIN, 95 Ga. 314, 22 S. E. 700.

Petition for rehearing denied in 95 Ga. 320, 22 S. E. 702.

Liability to sleeping car passengers.

Cited in footnotes to Pullman's Palace-Car Co. v. Hall, 44 L. R. A. 790, which denies liability for theft of passenger's valise from sleeping car through window; Pullman's Palace Car Co. v. Adams, 45 L. R. A. 767, which holds sleeping car company liable for theft of passenger's property, where porter went to sleep while on watch; Cooney v. Pullman Palace-Car Co. 53 L. R. A. 690, which holds sleeping car company liable for loss of passenger's valise intrusted to employees of company; Pullman's Palace Car Co. v. Hunter, 47 L. R. A. 286, which sustains liability for theft of diamond rings from woman while asleep in sleeping car. Clerk's right to costs.

Cited in Waldrop v. Wolff, 114 Ga. 622, 40 S. E. 830, holding clerk not entitled to costs for transmitting unnecessary portions of record to appellate court.

29 L. R. A. 500, WHITTENTON MFG. CO. v. STAPLES, 164 Mass. 319, 41 N. E. 441.

Covenants running with land.

Cited in Lincoln v. Burrage, 177 Mass. 379, 52 L. R. A. 111, 59 N. E. 67, denying that covenant to pay part of expense of party wall runs with land; Clay v. Hart, 25 Misc. 114, 55 N. Y. Supp. 43, holding that no covenant runs with land to repair highway over mill race appurtenant to lands and extending across adjoining highway.

Grant of mill as including water rights.

Cited in Horne v. Hutchins, 71 N. H. 122, 51 Atl. 645, holding that conveyance of mill privileges carries right to reasonable use of power from reservoir upon which mills depend.

Cited in note (58 L. R. A. 490) on how far grant of mill includes water rights. Easement by prescription.

Cited in footnotes to Kray v. Muggli, 45 L. R. A. 218, which denies prescriptive

right of riparian owners to maintenance of dam after proprietor chooses to abandon it; Boyce v. Missouri P. R. Co. 58 L. R. A. 442, which sustains conclusive presumption of prescriptive right by lost grant from adverse user of easement for statutory periods.

Right to benefit under grantee's covenant.

Cited in Pearson v. Bailey, 177 Mass. 319, 58 N. E. 1028, holding that grantee of part of mortgaged premises cannot compel grantee of balance to pay mortgage which he assumed; Trudeau v. Field, 69 Vt. 452, 38 Atl. 162, denying that covenant by subsequent grantee to rebuild dam inures to benefit of prior grantee of easement therein.

Negative easement.

Cited in First Nat. Bank v. Portsmouth Sav. Bank, 71 N. H. 550, 53 Atl. 1017, holding negative easement created by mutual covenant by owners of contiguous parts of building not to change front without other's consent.

Admissibility of practical construction of deed.

Cited in O'Connell v. Cox, 179 Mass. 254, 60 N. E. 580, holding evidence of parties treating fence as boundary admissible as to location of line; Richardson v. Watts, 94 Me. 484, 48 Atl. 180, holding practical construction by parties admissible to interpret doubtful conveyance.

Creation of estate in fee by will.

Cited in Roberts v. Crume, 173 Mo. 580, 73 S. W. 662, holding that will giving estate to daughter "and her heirs" transfers fee, and sale by daughter conveys title.

29 L. R. A. 507, BLOXHAM v. CONSUMERS' ELECTRIC LIGHT & STREET R. CO. 36 Fla. 519, 51 Am. St. Rep. 44, 18 So. 444.

Street railways as "railroads."

Cited in Railroad Comrs. v. Market Street R. Co. 132 Cal. 683, 64 Pac. 1065, holding street railway company not "transportation company;" Lincoln Street R. Co. v. McClellan, 54 Neb. 676, 69 Am. St. Rep. 736, 74 N. W. 1074, denying that statute imposing liability upon railroad companies for personal injuries applies to street railways; Massachusetts Loan & T. Co. v. Hamilton, 32 C. C. A. 48, 59 U. S. App. 403, 88 Fed. 590, denying that statute making judgment against railway corporation for personal injuries first lien includes street railways; Goddard v. Chicago, M. & St. P. R. Co. 104 Ill. App. 536, holding that statutory authority to consent to construction of horse, dummy, or street railroads does not include railroads carrying passengers, freight, mail, and express; Sams v. St. Louis & M. River R. Co. 174 Mo. 86, 61 L. R. A. 484, 73 S. W. 686, holding street railway not within provisions of statute making corporations owning or operating railroads liable to servant for injuries by coservant.

Cited in footnotes to Vail v. Broadway R. Co. 30 L. R. A. 626, which holds passenger on street car platform not passenger on "any railroad" so as to assume risk of injury; Savannah, T. & I. of H. R. Co. v. Williams, 61 L. R. A. 249, which holds chartered street railway a railroad company within statute as to liability for negligence of fellow servant; Diebold v. Kentucky Traction Co. 63 L. R. A. 637, which holds electric railway operated between two cities in different states, a trunk railway within prohibition against granting franchise except to highest bidder.

1162 L. R. A. CASES AS AUTHORITIES.

Injunction against collection of taxes.

[29 L. R. A.

Cited in footnote to Philadelphia Mortg. & T. Co. v. Omaha, 57 L. R. A. 150, which denies right to restrain city from enforcing tax against property on which money loaned in reliance on treasurer's mistaken marking of taxes as paid.

Sheriff's right to sell perishable property.

Cited in State ex rel. Merchants Nat. Bank v. Hull, 37 Fla. 585, 20 So. 762, holding that sheriff may sell perishable property remaining after dismissal of attachment.

29 L. R. A. 512, SKINNER v. SANTA ROSA, 107 Cal. 464, 40 Pac. 742. Medium of payment.

Cited in footnotes to Hendry v. Benlisa, 34 L. R. A. 283, which holds payment of debt in Confederate money during Rebellion, valid; Stimson Mill Co. v. Braun, 57 L. R. A. 726, which holds void, statute taking protection from claims of subcontractors from owner contracting for payment with something other than

money.

Cited in note (29 L. R. A. 593) on form of judgment and procedure in case of liability to make payment in coin.

-Gold coin.

Cited in Burnett v. Maloney, 97 Tenn. 715, 34 L. R. A. 546, footnote p. 541, 37 S. W. 689, denying right of county to issue bonds payable in gold coin.

Cited in footnotes to Murphy v. San Luis Obispo, 39 L. R. A. 444, which sustains power of city to issue bonds payable in gold coin only; Packwood v. Kittitas County, 33 L. R. A. 673, which holds authority to make county bonds payable in gold coin implied in authority to issue bonds; Dennis v. Moses, 4( L. R. A. 302, which denies power to take away right to contract for payment in gold coin; Blanck v. Sadlier, 40 L. R. A. 666, which holds undisclosed gold clause in mortgage on land, sold subject to mortgage, not defect authorizing cancelation of purchase.

When deposit is special.

Cited in footnote to Anderson v. Pacific Bank, 32 L. R. A. 479, which holds special deposit, requiring return on insolvency of bank, shown by depositing gold coin in pledge to secure bail bond obligation.

29 L. R. A. 524, CADY v. SCHULTZ, 19 R. I. 193, 61 Am. St. Rep. 763, 32 Atl.

915.

Right to exclusive use of trade-name.

Cited in Samuels v. Spitzer, 177 Mass. 228, 58 N. E. 693, holding "Manufacturers' Outlet Company" may enjoin another's use of "T. Outlet Company” as trade-name; Sapp v. New York Dental Parlors, 4 Lack. Legal News, 121, enjoining use of name "New York Dental Parlors" by another in same city; Continental Ins. Co. v. Continental Fire Asso. 96 Fed. 849, denying that insurance company is entitled to exclusive use of word "continental;" Shaver v. Heller & M. Co. 65 L. R. A. 884, 48 C. C. A. 58, 108 Fed. 830, holding that manufacturer of article termed "American Wash Blue" may enjoin use of word "American" applied to similar goods of others; Bissell Chilled Plow Works v. T. M. Bissell Plow Co. 121 Fed. 369, holding that transferee of Bissell Chilled Plow Works may enjoin use of word "Bissell" by Bissell Plow Company.

29 L. R. A. 526, McTWIGGAN v. HUNTER, 19 R. I. 265, 33 Atl. 5. Power of municipal corporation As to streets.

Cited in Smith v. Westerly, 19 R. I. 446, 35 Atl. 526, denying council's power to grant water company exclusive right to use streets for pipes.

- To exempt from taxation.

Cited in Crafts v. Ray, 22 R. I. 182, 49 L. R. A. 607, footnote p. 604, 46 Atl. 1043, sustaining exemption of manufacturing companies from taxation for term of years.

Cited in footnotes to Maine Water Co. v. Waterville, 49 L. R. A. 294, which sustains agreement by city to pay, for term of years, taxes assessed against water company supplying city; Auditor General v. Sage Land & Improv. Co. 56 L. R. A. 105, which holds tax on other land in township not rendered illegal by exemption of large tract deeded to state for nonpayment of taxes.

29 L. R. A. 530, ROBINSON v. ROCKLAND, T. & C. STREET R. CO. 87 Me. 387, 32 Atl. 994.

Carrier's right to refuse to carry lunatic.

Cited in Owens v. Macon & B. R. Co. 119 Ga. 233, 63 L. R. A. 948, 46 S. E. 87, holding that common carriers cannot absolutely refuse to transport person who is insane, but are entitled to reasonable notice and may insist that lunatic shall be attended.

29 L. R. A. 531, SOUTH BEND v. MARTIN, 142 Ind. 31, 41 N. E. 315. License and interstate commerce.

Cited in Huntington v. Mahan, 142 Ind. 697, 51 Am. St. Rep. 200, 42 N. E. 463, holding ordinance prohibiting peddling without license unlawful as to agent of nonresident publisher distributing books to fill orders previously taken; Koepke v. Hill, 157 Ind. 179, 87 Am. St. Rep. 161, 60 N. E. 1039, holding ordinance imposing tax upon branch stores not within interstate commerce act; St. Paul v. Briggs, 85 Minn. 292, 89 Am. St. Rep. 554, 88 N. W. 984, holding wholesale agent delivering goods to dealers only, not peddler; Levy v. State, 161 Ind. App. 259, 68 N. E. 172, holding statute imposing license tax on transient merchants not void as interference with interstate commerce; Re Pringle, 67 Kan. 368, 72 Pac. 864, holding one taking orders from samples for stereoscopic views, to be shipped into state, not engaged in interstate commerce, when orders are not sent to other state, but are filled from goods, not in original packages, but sent him in bulk C. O. D.

Cited in footnotes to Singer Mfg. Co. v. Wright, 35 L. R. A. 497, which sustains state statute requiring every company selling sewing machines in state to pay license tax; State v. Coop, 41 L. R. A. 501, which holds purchase of frame for portrait in accordance with option included in order for making portrait in other state not within statute against peddling; State v. Wells, 48 L. R. A. 99, which holds one soliciting orders for goods and carrying goods to fill previous sales not a peddler; Re Wilson, 48 L. R. A. 417, which holds void, as applied to sale of original packages, territorial statute requiring license for sale of coal oil; Brownback v. North Wales, 49 L. R. A. 446, which holds valid as to residents, ordinance requiring license for sale of goods on street, or by soliciting orders from house to house; Racine Iron Co. v. McCommons, 51 L. R. A. 134,