89 N. J. L. PER CURIAM. Walther v. American Paper Co. We think the death of Walther did not arise out of his em ployment. The case cannot be distinguished in this respect from Hulley v. Moosbrugger, 88 N. J. L. 161. We ought to add that our opinion in that case had probably not been published when the present case was decided by the judge of the Common Pleas. He relied on the opinion of the Supreme Court in that case, the reversal of which could hardly have been known publicly at the time. The judgment is reversed. For affirmance-MINTURN, KALISCH, JJ. 2. For reversal-THE CHANCELLOR, CHIEF JUSTICE, SWAYZE, PARKER, BERGEN, WHITE, HEPPENHEIMER, WILLIAMS, TAYLOR, JJ. 9. PUBLIC SERVICE GAS COMPANY, APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS ET AL., RESPONDENTS. CITY OF PASSAIC, APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS ET AL., RESPONDENTS. CITY OF PATERSON, APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS ET AL., RESPONDENTS. ORDER. It having been called to the attention of the court that, through a mistake, the report of the decision of this court in the above entitled cases appears in the official reports (87 N. J. L. 581) under a headnote and indexed by a subject-index statement, indicating that the final decision of this court was exactly the opposite of what it really was in the first of said cases, and that the final decision in the other. two cases, wherein the decision of the Supreme Court (reported in 84 Id. 463) was reversed, is reported in said official reports (87 Id. 705) without any head-note or subject-index reference whatsoever, it is now ordered that there be printed in the volume next to be issued of the official Law Reports a head-note (preceded by the foregoing memorandum to explain its so appearing) and an item in the subject-matter index of said volume under the caption "Public Utilities Rates," as follows, to wit: 1. The special franchises of a public service company are property, but property of a peculiar kind; the right of property in them is not absolute, but is qualified by the right of the state to fix reasonable rates. In determining the reasonableness of rates, no allowance should be made for the value of the special franchise in a case where it is not legally exclusive and where the state still retains the right to fix the rates. See opinion of the Supreme Court, 84 N. J. L. 463, and the per curiam affirmance by this court upon that opinion, reported in 87 Id. 597. 2. Where, upon the application of a municipality, the Board of Public Utility Commissioners have found the rate charged by a gas company unreasonably high and have in consequence prescribed a lower rate, which lower rate the municipality still thinks unreasonably high, the latter's remedy is by certiorari to procure the setting aside of the order fixing such rate, so that the way may be open for the establishment by such board of such still lower rate as shall be proper under the evidence. See the per curiam opinion of this court reported in S7 N. J. L. 705. By the Court: March 20th, 1917, Endorsed: "Filed March 20th, 1917, THOMAS F. MARTIN, Clerk." 734 INDEX. ABORTION. See CRIMES, 2. ACCORD AND SATISFACTION. possession continued for twenty APPEAL AND ERROR. "Paid and satisfied" in a manufac- ment to be paid and satisfied! need not be heard on a point 180 2. A question not presented and ar- 3. An appellate court will not re- 4. This court will not consider the See also DISTRICT COURTS, 1. ARMORIES. 1. The mere ownership of a pro- 735 tracted to purchase. Doremus 1. Although the Morris Canal and Banking Company is not dis- 48 2. By the statute creating the state BANKRUPTCY. See PRIVILEGED COMMUNICATIONS, 1, 2. BILLS AND NOTES. of the Morris Canal and Bank- 3. The operation of motor vehicles 1. Where, after a note has been de- 4. In order to recover damages livered and the contract thereby 607 caused through an obstruction to 2. The defendant's written promise 5. The federal "River and Harbor Ib. act" (U. S. Comp. Stat. 1901, Carnal Abuse. ing, and has not superseded the statutes of this state in that regard. Newark Express, &c., Co. v. Del., Lack. and W. R. R. Co., 494 6. The act of 1892 (Pamph. L., p. 435), amending the act respecting bridges, authorizes the obstruction of navigation over navigable streams made necessary by repairs to any bridge or viaduct over the same, and expressly exempts any corporation or person so repairing such bridge or viaduct from liability for damages occasioned by obstructing or stopping navigation thereby, provided such repairs and obstructing be done between February 1st and February 20th. Ib. Carriers. witness as to whether he knew such reputation and what it was. State v. Bloom, 418 2. Upon trial for carnal abuse of a female child, where the testimony of the prosecutrix tended to show sexual intercourse, it is erroneous to exclude the testimony of the police surgeon, tendered by the accused, as to what he found to be the physical condition of the prosecutrix after the alleged abuse, for while sexual intercourse was not essential to conviction, yet the testimony of the physician, if it had been admitted and had tended to contradict the prosecutrix, would have had a legitimate bearing upon the credibility of the prosecutrix as a witness. ib. 7. The supplement to the act respecting bridges, enacted in 1896 3. (Pamph. L., p. 250), which fixes the time within which needed repairs, &c., may be lawfully made between November 1st and January 1st, contains a proviso that the act shall not apply to any navigable river or water where the depth where any bridge is erected exceeds four feet six inches at mean high tide. Held, Upon trial for carnal abuse of a female child, it is erroneous to exclude the cross-examination of the prosecutrix as to whether she had not said that a man other than the defendant had committed the assault upon her, the question being put and being competent as affecting her credibility as a witness. 10. that the act of 1896 does not 4. Upon trial for carnal abuse of a |