MASTER AND SERVANT-Continued. Page. 14. a log inspector whose duty it is to remove iron spikes from logs is 15. personal injury to servant and action for damages-it was negli- 690 694 811 16. fellow servants-the engineer of a railroad train is not a fellow 855 936 MEHCANIC'S LIEN- 973 one who hauls material to be used in a building is entitled to a lien 616 MISTAKE- money paid under mistake of law or fact may be recovered........... 341 1. a remainderman may mortgage his or her interest.. 21 2. a purchaser of property in which such interest is held has con- 21 3. a purchaser from life tenant can not hold against such remainder- 21 4. mortgagee bound by agreement of mortgagor fixing value of re- 21 5. a consignee of vehicles executed a valid mortgage on part of same 258 6. unrecorded contract of vendor reserving title in himself is a sub- 258 7. consignee as agent had implied authority to execute such mortgage. 258 9. insurance company improperly subrogated to rights of holder of 10. a mortgage on real estate will not be sustained as against the pur- 895 MORTGAGE-Continued. Page. 12. the recording of a mortgage on a steamboat and coal barges in the county court clerk's office of the county in which they were found at the time of the mortgage created no lien in favor of the mortgagee as against the creditors of the owner. MUNICIPAL CROPORATIONS 1. municipal bonds payable on a specified date upon presentation and delivery at certain place--limitation began to run immediately after maturity ........ 2. the mayor and council of a city have no power to extend the liability of the city on its bonds beyond the express terms of the instrument itself. 3. the fact that a municipality has levied and collected a tax for the purpose of meeting its outstanding bonds and coupons does not operate to extend the period of limitation. 4. a municipality is liable to the jailer for the keep of city prisoners committed to jail by the police court in cases in which the city gets the benefit of a fine, although the police court failed to observe the provisions of the statute requiring such prisoners to be confined in the city workhouse. 895 586 586 586 738 5. the city is not liable for the keep of prisoners in cases in which no fines are imposed by statute... 738 6. an ordinance which allows to the property owner the privilege of himself putting down sidewalks which were thereby ordered constructed is not thereby invalidated, although the statute does not require the granting of that privilege.. 7. the property owner can not successfully assail the ordinance because the opportunity allowed him for putting down his sidewalk was not ample.. 8. an ordinance of a city of the sixth class granting the privilege of constructing and operating a telephone system within the city, passed at a called meeting of the board and at the same meeting at which it was introduced, is void 784 784 784 9. construction of streets-where an ordinance of the city provided that contracts for street construction should be let, after advertising, to the lowest and best bidder, the provision should be strictly complied with, and a mere compliance with the form, in the absence of actual competition in the bidding, is not sufficient. 876 10. an ordinance requiring the construction of a street with a patented composition, which is under the exclusive control of one person, and on which there can be no competitive bidding, without placing it in competition with other like or equally good material for such purposes, is void 11. an ordinance of a city of the second class which imposes a license tax upon the business of a real estate agent, embracing within the one head the numerous kindred occupations, and imposing only one tax on the whole, is not subject to objection by a person engaged in either or all of them 12. the general council of cities of the first class have the power to pass an ordinance to punish the offense of operating a pool room, and is not precluded from doing so by reason of the fact that such act was an offense at common law.. ..... 13. validity of an ordinance, entitled "An ordinance to prevent the operation of pool rooms" with respect to complying with the statutory provision that "no ordinance shall embrace more than one subject, and that shall be expressed in its title".. 14. an ordinance passed to prevent the operation of pool rooms in a city of the first class is a proper exercise of police power 15. a municipality is not liable for injuries to a pupil in the public schools resulting from the defective condition of property belonging to the city and contributed by it for school purposes. MUNICIPAL GOVERNMENT 1. liability of city for injury to citizen by obstruction on sidewalk 2. $7,000 verdict for permanent injury to female by reason of said obstruction not disturbed. 3. designation by ordinance of a person to act as police judge in certain contingencies not a violation of Constitution limiting the exercise of judicial power.. 876 938 995 996 996 1027 1 44 4. such ordinance is valid and the person so designated can not be enjoined from performing his duty MUNICIPAL GOVERNMENT-Continued. 5. liability of city to property owner injured by construction of wall Page. 111 6. city of second class had right to reject any and all bids for street 224 7. it could not be compelled by mandatory injunction to award con- 8. a city is not liable under an indictment for permitting a nuisance 224 311 327 327 9. appellant's privilege to furnish electric light to a city and its 14. previous knowledge of defective sidewalks by pedestrain who mo- 336 336, 347 15. liability of city for injuries to pedestrian, resulting from hole in 347 16. when city will be presumed to have notice of existence of hole in 347 17. existence of hole in sidewalk for sufficient length of time to charge 19. ordinance to authorize and provide for the construction of a sys- 437 347 392 392 20. also void because it attempts to delegate to others duties resting 21. ordinance prohibiting sale of liquors in second class city between 430 23. ordinance providing for removal of obstructions to interior view 430 430 24. ordinance is also invalid so far as it provides a rule of evidence of 430 430 25. such ordinance valid in other respects. 1. action to recover city taxes not prematurely brought where return 46 2. defective petition to subject bonds in hands of a trust company to 46 3. no appeal from action of board of equalization in fixing valuation 73 4. courts will not enjoin in such case unless valuation is so excessive 73 NEGLIGENCE-See Railroads, 1, 2, 3, 4, 5; Pleading, 1- 1. warehouseman furnishing storage for furniture is liable for in- 56 2. degree of care required of warehouseman furnishing such elevator. 56 92 4. in action for damages for personal injuries refusal to instruct on 141 5. in action for negligence against railroad company error to refuse in form.. 250 6. court should have given correct instruction on such point. 251 336 NEGLIGENCE-Continued. Page. 8. gas company furnishing steam power which generates electricity 9. issue in particular case not changed by amended answer. 403 403 403 666 12. action for damages for death of one killed by a railroad train-the evidence was sufficient to authorize a submission of the case to the jury. 671 13. duty of municipal owner of electricity to the public with reference to the operation of the plant and the having and keeping its wires and poles in proper condition-failure to perform that duty renders it liable for injuries resulting therefrom without notice of actual defect 14. the act of the conductor of a freight train in leaving a detached portion of the train standing on a grade with only the air brakes set is an act of negligence which renders the railroad company liable for the death of a fireman resulting from that portion of the train running into an engine 680. 690 15. a telephone company which negligently attached its wire to a building is not liable in damages for the death of one who took shelter in the building during a storm and was killed by a stroke of lightning communicated to him by the wire, where neither the company nor the owner of the building owed him any duty.. 787 16. where the foreman in charge of workmen placed one of them at work on a pole without communicating the information which the foreman had received as to its dangerous condition, there was such negligence as rendered the master liable for any resulting injuries to his servant. 811 17. personal injury to employe of a contractor from defective rope used in performance of the employment-one who had let the contract to the contractor and had furnished the rope is not liable where the defect arose after the contractor began to use the rope. 973 18. the backing of a railroad train over a crossing at a leading thoroughfare in the main part of a town in the dark and without signal is gross negligence.. 19. where the foreman of a crew directed the letting of a heavy piece of timber into a hole which was being excavated, without notifying a workman who was in the hole that the timber was to be let down, was negligence which rendered the company liable for an injury to the workman resulting from the timber falling on him.... NEW TRIAL 1038 .1118 1. where no affidavits filed showing newly discovered evidence not error to overrule motion for new trial 2. newly discovered evidence which is merely cumulative does not entitle a party to a new trial. 14 281 3. where no motion made for new trial by accused on ground of surprise at evidence for the prosecution, not available on appeal.. 281 4. a new trial will not be granted on the ground of newly discovered testimony where the grounds failed to show why the alleged newly discovered evidence had not been presented earlier... 5. a motion for a new trial considered, in a certain case, as one to set aside the judgment.. 511 617 6. where the trial court is convinced that a verdict is not warranted by the evidence, or is the result of passion or prejudice, it is its duty to grant a new trial.. 755 7. a new trial will not be granted on the ground of newly discovered evidence in the absence of a showing why the newly discovered witnesses could not have been discovered previous to the trial 8. motion to set aside a judgment is in effect a motion for a new trial in a court of continuous session when made within fifteen days after its rendition..... 895 1130 NEW PROMISE a promise to pay a debt after the same has been discharged in bankruptcy will support an action on the debt provided the promise is clear and unequivocal 1125 vol. 25-Part I-3 ་ NONRESIDENTS- Page. 582 1. a property owner who has been specially damaged may maintain 477 2. a landlord is not responsible to the tenant for an interruption in 1. on appeal to circuit court from order of fiscal court fixing salary 2. what evidence as to duties of county judge admissible. 159 159 3. election to fill vacancy in office of city assessor at election when 4. the governor has no authority to appoint a person to fill a vacancy 278 283 5. the council has authority to fill said vacancy. 6. the governor may be compelled by mandamus to commission him. 283 OFFICERS- ..... 916 PARTIES TO ACTIONS-See Corporations, 3; Removal of Actions, 1, 801 801 1. a bank having a lien only and for purchase money may maintain 373 2. on reversal of judgment rendered on counterclaim on ground that 3. assignment of note by parol-assignor is a necessary party to an action thereon 4. action to test right of access to town spring-where town is with- 6. a suit against an agent of the county to recover taxes wrongfully 7. the committee of a person of unsound mind is a necessary party mony .. 8. action to enforce double liability of stockholders of corporation— 388 598 613 617 734 882 1010 9. one creditor of an insolvent corporation authorized by order of |