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1887, who paid for the same in four install- it can only be forfeited or revoked by the legisments, was entitled to interest on the sums lature, or at the suit of the state.-Paulino V. anticipated, since the use of such contracts Portuguese Ben. Ass'n, (R. I.) 26 A. 36. in taking subscriptions was an assertion by the company to be bound by its provisions, though subscriptions could not be paid in 10 months after April 1, 1885.-Hetfield v. Addicks, (Pa. Sup.) 26 A. 215, 154 Pa. St. 1, 32 W. N. C. 162.

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13. In an action by a subscriber to stock of gas company against a construction comvany to recover interest alleged to be due plaintiff on anticipated payments, under the contract of subscription, it appeared that the latter company constructed the works of such gas ompany, and received in payment a large amount of its stock; that defendant prepared a contract for subscriptions to such stock, which, after providing that sums subscribed should be payable in ten equal monthly installments, recited that "those desiring to do so can pay in full at any time, interest being allowed at four per cent. per annum;" that a member and officer of defendant induced plaintiff to subscribe; and that he paid his sub scription before it was due in four installments. and defendant delivered to him the stock. Held, that plaintiff was entitled to recover.Porter v. Beacon Construction Co., (Pa. Sup.) 26 A. 216, 154 Pa. St. 8, 32 W. N. C. 162. Stockholders.

14. A person who subscribes for stock of a company already organized and incorporated does not thereby become a stockholder, and is not entitled to a certificate therefor, or to a beneficial interest in the body corporate as an owner of its stock, until he has paid for such stock.-Baltimore City Pass. Ry. Co. v. Hambleton, (Md.) 26 A. 279.

Dissolution and forfeiture of franchise.

15. When the specific frauds of the directors of a trading corporation are capable of complete redress, within the principles of remedial and preventive equity, something more than a mere apprehension of a repetition of the frauds is necessary to justify the dismemberment of the corporation and the appointment of a receiver, if such a course is ever justified in a decree of first instance.-Laurel Springs Land Co. v. Fougeray, (N. J. Err. & App.) 26 A. 886.

16. An application by citizens to the legislature, reciting a clause in the charter of a bridge corporation, which provided that the bridge revert to the state after 40 years, and stating that such time had elapsed, and asking the state to take possession, and make it a free bridge, will not revive the company's tenure of the bridge, where there is no legislative action beyond the report of a committee, with leave to withdraw granted to the petitioners.-State v. Old Town Bridge Corp., 26

A. 947. 85 Me. 17.

COSTS.

On dissolving injunction, see "Injunction," 26.
Right of garnishee to, see "Garnishment," 13.
Who liable.

1. In a contest over the distribution of the proceeds of a sheriff's sale of land, where a subsequent lienor succeeds in his contention that he be given priority because of the fraudulent concealment of the entry of a prior judgment, the costs of the contest, and of an appeal from the decision of the lower court, should be borne by the owner of the prior judgment.-Hummel v. Hummel, 26 A. 299, 155 Pa. St. 198; Appeal of Breustle, Id.

2. Where a sum due an assignee for creditors was not paid over to the assignee until after the filing of a bill by the creditors to set aside the sale on which the money was due, the costs, on a dismissal of the bill, should be borne jointly by both parties.-Kalle v. Sibbald, 26 A. 290, 154 Pa. St. 470; Boston Dyewood & Chemical Co. v. Same, (Pa. Sup.) 26

A. 293.

3. On the distribution of testator's estate among the various persons entitled after the death of the life tenant, if an audit is rendered necessary by attachments or assignments of certain distributive shares, it is proper that the costs of such audit be imposed on the shares so attached or assigned, rather than on the whole fund.-In re Evans' Estate, (Pa Sup.) 26 A. 739, 155 Pa. St. 646. On appeal from justice's court.

4. Act March 22, 1814, provides that justices of the peace shall have jurisdiction of ae tions for trespass on land where the alleged damages shall not exceed $100, provided that, if the damages found shall not amount to more than $1, plaintiff shall not recover more costs than damages. Act April 9, 1833, provides that the costs on appeal from judgments of justices of the peace shall abide the event of the suit, and be paid by the unsuccessful party, as in other cases. Held, that a plaintiff who recovers $20 damages in a suit for trespass be fore a justice of the peace, and on appeal to the common pleas recovers $1.73, is entitled to full costs; and St. 22 & 23 Car. II. c. 9. providing that in actions of trespass, in which the title to the land is not in controversy, if the damages found shall be under 40 shillings, plaintiff shall not recover more costs than damages, though in force in this state, is not ap plicable.-Knappenberger v. Roth, (Pa. Sup.) 26 A. 223, 153 Pa. St. 614, 32 W. N. C. 181. In criminal cases-Liability of county.

17. Where a corporation was chartered to build a toll bridge, which was to revert to the state after a certain number of years, in proceedings to enforce the reversion there may be a judgment of ouster of the particular franchise, and not of the entire charter.-State v. Old Town Bridge Corp., 26 A. 947, 85 Me. 17. 18. The doctrine of waiver on the part of the state of the breach of a condition in a charter is not applicable when the franchise abso- See "Municipal Corporations." lutely determines upon failure to perform the condition.-State v. Old Town Bridge Corp., 26 A. 947. 85 Me. 17.

5. There being no express statutory provi sion to that effect, a county cannot be com pelled to pay for printing the "paper book" on appeal from a conviction in a criminal case.Commonwealth v. Buccieri, (Pa. Sup.) 26 A. 245, 153 Pa. St. 570, 32 W. N. C. 113.

Council.

Counsel.

Rights of private persons to insti- Argument, see "Criminal Law," 10, 11. tute proceedings.

19. Where a committee appointed by the members of a voluntary association to procure a charter of incorporation obtain such charter, and organize thereunder, calling the corporation by the name of the voluntary association, the members of the association cannot enjoin such corporators from acting under the charter, in that, having been granted by the legislature,

COUNTIES.

See "Bridges;" "Highways:" "Municipal Cor
porations;" "Poor and Poor Laws;" "Schools
and School Districts," "Towns."
Duty to repair bridges, see "Bridges," 2.
Liability for costs in criminal case, see
"Costs," 5.

County treasurer-Compensation.

1. Under Act May 23, 1887, § 1, providing that a county treasurer may charge and deduct from school, road, and other municipal taxes, "collected" and paid over to the proper authorities by them, a certain compensation, such treasurer is not entitled to commissions for receiving moneys collected by his predecessor, and disbursing the same.-Centre County v. Gramley, 26 A. 654, 155 Pa. St. 325.

2. Nor is he entitled to commissions for paying over to the state a debt past due by the county; since, in paying such debts with county funds, he was serving his employer, and was compensated by his salary.-Centre County v. Gramley, 26 A. 654, 155 Pa. St. 325. Liabilities-Expenses of prison inspect

ors.

3. An item for meals furnished the board of prison inspectors while at the prison, in discharge of their official labors, should be allowed the prison treasurer, in settling his accounts; for, though there is no express provision in the law for such expenditure, yet, since the duties of the inspectors require constant attendance in the prison, they have authority to provide themselves with food out of the prison funds while in discharge of such duties.-Mogel v. Berks County, (Pa. Sup.) 26 A. 227, 154 Pa. St. 14.

4. An item for part of the cost of an outbuilding was properly rejected, the prison inspectors having no power to make the expenditure. Mogel v. Berks County, (Pa. Sup.) 26 A. 227, 154 Pa. St. 14.

5. The expense of a journey taken by the inspectors to another prison, to become familiar with the use of a machine they were authorized to buy to enable the warden to make a registry of all convicts according to the Bertillon system, should be allowed; for, though the expense might have been saved by correspondence with the makers of the machine, and securing the presence of an experienced salesman, yet the authority to make a personal examination, and get the judgment of disinterested persons in regard to the machine and the system, was incidental to the power conferred on the inspectors.-Mogel v. Berks County, 26 A. 227, 154 Pa. St. 14.

Counts.

Of votes, see "Elections and Voters," 2-4. County Courts.

See "Courts," 3.

COURTS.

See, also, "Clerk of Court." State courts-Of appellate jurisdiction. 1. Gen. St. § 1129, provides that appeals must be taken to the supreme court of errors to be held in the judicial district where the judgment was rendered, but appeals from the district court of Waterbury may be taken to the supreme court sitting at New Haven or Hartford. Pub. Acts 1889, c. 141, consolidated the county of New Haven, in which Waterbury was situated, with the county of Fairfield. in which Bridgeport was situated, into one judicial district. Held, that the proviso to section 1129 was not intended to limit the right of appeal previously given, but to extend it to include a place without the judicial district or county in case of appeal from the district court of Waterbury; and that, under the act of 1889, a party to a judgment rendered in the district court of Waterbury was entitled to appeal to the next term of the supreme court of errors to be held at Bridgeport.-Fritts v. New York & N. E. R. Co., (Conn.) 26 A. 347.

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be extended to every suit of a civil nature at law in which the debt or matter in dispute, exclusive of costs, does not exceed the sum of $200, without making any exception of parties, the district court of Newark has jurisdiction to render a judgment against a corporation for $200.-State v. Blum, (N. J. Sup.) 26 A. 861.

3. The county court, independently of starute, has a discretionary power to set aside its own judgment rendered on plaintiff's default. Johnson v. Shumway, (Vt.) 26 A. 590.

Orphans' court.

vides that in all cases where property of a de4. Act Feb. 24, 1834, (P. L. 79,) § 33, procedent is sold on execution, and more money raised than is sufficient to pay off liens of record, the balance shall be paid over to the administrator for distribution, who, before any payment is made, shall give bond to the satisfaction of the court, conditioned for legal distribution of the money: provided, always, that the money shall be distributed as the real estate, of which it is the proceeds, would have been. Held, that the orphans' court alone has jurisdiction of such proceedings for distribution. In re Karch's Estate, 26 A. 432, 153 Pa. St. 385, 32 W. N. C. 24; Appeal of Shugar, Id.

5. The orphans' court has power to compel a widow to repay money derived from the sale of real estate, and paid to her by the guardian of a minor, to the guardian for investment, where the widow only has a life interest in the fund, the interest to be paid annually to the her the principal, on widow for life. and death, to be paid to the child.-In re Mulholland's Estate, 26 A. 612, 154 Pa. St. 491, 32 W. N. C. 265; Meeker v. Uzzle, Id.

COVENANTS.

Binding effect on grantee.

1. A covenant or stipulation inserted in a deed poll binds the grantee, his heirs and assigns, where such stipulation relates to the premises conveyed.-Haggerty v. Lee, (N. J. Err. & App.) 26 A. 537. Building restrictions.

2. Under Act March 11, 1816, (P. L. p. 109,) authorizing the governor, on payment of a sum stated by the city of Philadelphia, "to make a deed in the name of the commonwealth for said state house and square, vesting the title in said corporation in fee simple," such deed was made, containing a condition that "no part of said ground lying to the southward of the state house, within the wall as it is now built, be made use of for erecting any sort of buildings thereon, but that the same shall be and remain a public green and walk forever." Held, that only the state can object to the erection, by authority of the city, of a on the monument on Independence square, ground that it is a "building," within the Monument Fund, 26 A. 647, 154 Pa. St. 621, meaning of such condition.-In re Washington 32 W. N. C. 249; Appeal of State Society of the Cincinnati of Pennsylvania, Id.

in the meaning of the condition of the deed by 3. A monument is not a "building," withthe state of Pennsylvania to the city of Philadelphia, conveying Independence square, and providing that no part of it shall be made use of "for erecting any sort of building thereon."

In re Washington Monument Fund, (Pa. Sup.) 26 A. 647, 154 Pa. St. 621, 32 W. N. C. 249; Appeal of State Society of the Cincinnati of Pennsylvania, Id.

CRIMINAL LAW.

See, also, "Arrest;" "Grand Jury:" "Indictment and Information;" "Jury;" "Witness." Costs, liability of county, see "Costs," 5. Identification of accused, see "Rape," 3, 4. Insanity as a defense, see "Homicide," 3-7.

Particular crimes, see "Assault and Battery;" ly in the discretion of the trial court.-Common"Bastardy;" "Embezzlement;" "Gaming" wealth v. Place, (Pa. Sup.) 26 A. 620. "Intoxicating Liquors:" "Larceny:" "Libel and Slander" "Nuisance:" "Obstructing Justice;" "Perjury;" "Rape.'

Motion to quash indictment.

1. The discretion to quash an indictment on motion will not be exercised unless upon the clearest and plainest ground, but the defendant will be left to a demurrer, motion in arrest of judgment, or writ of error.-State v. Proctor, (N. J. Sup.) 26 A. 804.

2. Under Code, art. 27, § 286, which provides that no indictment shall be quashed by reason of any defect or imperfection of matter of form, "nor for any matter or cause which might have been the subject of demurrer to the indictment," a motion to quash is not available if the defect in the indictment can be reached by demurrer.-State v. Edlavitch, (Md.) 26 A. 406.

Pleas-Entry by court.

3. Where defendant refuses to plead, the court may direct a plea of not guilty to be entered for him.-Commonwealth v. Place, (Pa. Sup.) 26 A. 620, 153 Pa. St. 314, 32 W. N. C.

107.

Change of venue.

4. The statute provides that in criminal prosecutions the venue may be changed when it appears to the satisfaction of the court that on account of undue excitement or great prejudice against the prisoner a fair trial cannot be had in the county where the offense was committed. In support of an application for a change of venue the affidavits of defendant and two citizens of the city where the homicide occurred were presented, all stating a belief that a strong prejudice against defendant existed in the city, and for that reason a fair trial could not be had in that county. Held that, as the intensity of the excitement and the extent of the prejudice are peculiarly within the judgment of the court where the crime was committed, and the credibility of the affiants best known to such court, an order refusing the change of venue would not be disturbed, the affidavits in themselves not being sufficient to satisfy the appellate court that such prejudice and excitement existed.-Commonwealth v. Buccieri, 26 A. 228, 153 Pa. St. 535, 32 W. N. C. 113.

Continuance.

5. There is no abuse of discretion in refusing a continuance on the ground of want of time for preparation by counsel and for obtaining witnesses for defendant, when the senior counsel was assigned more than a month before the trial and the junior five days before, and their client was near them and communication easy, and they had daily access to the court, and could invoke its power to compel the attendance of witnesses. Common wealth v. Buccieri, 26 A. 228, 153 Pa. St. 535, 32 W. N. C. 113. Conduct of trial.

6. On a discovery, after trial has begun, of an error in a copy of the copy of the complaint in an appealed criminal case, other than capital, the court, under Rev. St. c. 134, § 24, may, in its discretion, postpone the trial to a future day of the same term, to be resumed when the error is corrected, or it may discharge the jury and continue the case.-State v. Libby,

26 A. 1015, 85 Me. 169.

7. Counsel appearing by the consent of the prosecutor of the pleas will be allowed to take part in the prosecution of an indictment, though such counsel has been retained and paid by private persons, who are indirectly interested in obtaining a conviction.-Gardiner v. State, (N. J. Sup.) 26 A. 30.

Severance.

8. The granting of a severance and separate trial to defendants jointly indicted is large

9. The fact that one defendant is attempting to escape by throwing the blame on the other is no reason for granting separate trials -Commonwealth v. Place, (Pa. Sup.) 26 A. 620, 153 Pa. St. 314, 32 W. N. C. 107.

Argument of counsel.

10. The refusal of the court to grant an adjournment from Saturday night until Monday morning, and the allowing of counsel only two hours for discussion of the evidence, were matters within the discretion of the court be low, and will not be considered on appeal.Commonwealth v. Buccieri, (Pa. Sup.) 26 A. 228, 153 Pa. St. 535, 32 W. N. C. 113.

11 In presenting his case to the jury de fendant's counsel proceeded to argue that prosecutrix and the person accompanying her on the evening of the alleged assault were out to gether for an unlawful purpose, and the court stopped him, ruling that there was no evidence that they went out for such purpose. Hdd, that the action of the court could not have been taken by the jury as an assertion that there was no evidence that prosecutrix's physical condition might have resulted from a voluntary connection had with the person who was ac companying her, where counsel was afterwards permitted to argue that her physical condition as testified to by a physician was the result of an improper intimacy between prosecutrix and such person.-State v. Bedard, (Vt.) 26 A. 719. Evidence.

12. On a trial for maintaining a liquor nuisance, evidence that defendant had been se quitted on a charge of keeping the identical liquor with intent to sell, etc., though not a bar to the present prosecution, was admissible in evidence, since a judgment on a particular point is, as between the parties, conclusive in relation to such point, though the subjectmatter of the two suits be different.-State v. Dewey, (Vt.) 26 A. 69.

13. Defendant sought to establish an alibi by showing that he and his associates were at a certain house at the time the offense was committed, and to support his claim offered to show in full conversations claimed to have been then had. Held proper to confine evidence as to such conversations to a general outline of what they were about.-State v. Bedard, (Vt.) 26 A. 719.

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consideration of that evidence to give the de-
fendant the benefit of every reasonable doubt
that arises in your minds as to the commission
of the crime, and say on your oaths from the
evidence whether she is guilty or not,"-is suffi-
cient. Gardiner v. State, (N. J. Sup.) 26 A. 30.
Exceptions.

the court's opinion has been expressed on the
question submitted.-Davidson v. State, (Md.)
26 A. 415.

25. On a trial for rape, where prosecutrix
testified that the "assault" took place on a cer-
tain night, and that she made a complaint the
next night, and defendant, on the ground that
the complaint came too late, objected to her an-
19. On a request to charge embracing sev-swering whether she complained that she had
eral distinct legal propositions, if any one of been ravished, and the court remarked that the
them be improper, a general exception to the fact that prosecutrix had made a complaint was
refusal to charge will be unavailable.-Gar- already in evidence, and that he would exclude
diner v. State, (N. J. Sup.) 26 A. 30.
its terms, defendant cannot except on the
Verdict-Polling jury.
ground that the nature of the complaint was
not more distinctly specified, when no other "as-
sault" than the one charged in the indictment
had been mentioned, and when no objection was
raised at the trial.-State v. Mulkern, 26 A.
1017, 85 Me. 106.

20. A defendant has a right to a poll of the
jury to ascertain whether each member con-
curs in the verdict, but the exact words used
by the juror in answering are immaterial, if
they indicate clearly the assent of the individ-
ual mind to the verdict. Commonwealth v.
Buccieri, 26 A. 228, 153 Pa. St. 535, 32 W. N.

C. 113.

Judgment and sentence-Insanity since
crime.

21. The homicide was in June, and the
verdict rendered in September found that at
the time of the commission of the crime de-
fendant was sane. When called for sentence
in December he filed a written averment that
since the homicide he had become and was
then insane. There was no corroborative affi-
davit, or any specific fact stated which might
move the court to further inquiry. Held, that
it must be assumed that in overruling this plea
the trial judge found nothing to raise a doubt
in his mind as to the sanity of the prisoner
when called for sentence, and therefore an as-
signment of error based on his action cannot
be sustained. Commonwealth V. Buccieri,
26 A. 228, 153 Pa. St. 535, 32 W. N. C. 113.
New trial.

26. Where the "manner" in which counsel

argued the case to the jury does not appear in
the record, it cannot be reviewed on appeal.-
Commonwealth v. Zappe, 26 A. 16, 153 Pa. St.
498, 32 W. N. C. 130.

From inferior court.

27. On an appealed criminal case the court
may allow and receive a new and correct copy
of the complaint at any time before the case is
given to the jury.-State v. Libby, 26 A. 1015,
85 Me. 169.

28. Under R. L. § 3857, authorizing amend-
ments to complaints by the state's attorney in
either the city or county court, "except as to
matters of substance," a complaint in the city
court, charging defendant with keeping intoxi
cating liquors contrary to law, and that he
had been convicted for a like offense at a term
of the county court "begun and holden at B.,
in this county, on the first Tuesday" of a cer
tain month and year, may be amended on ap
peal to the county court so as to correspond
with the record of such conviction, when in-
troduced in evidence, which showed that such
term of court was begun on the "third" Tues-
day of such month and year, since such amend-
ment makes no change in the substance of such
complaint.-State v. Sutton, (Vt.) 26 A. 66.
Cross-Examination.

22. On trial of an indictment charging a
woman with keeping a house of ill fame, the
attorney general stated to the jury that it was
not proper for him to remark upon the failure
of defendant to testify, but it was her duty to
meet those charges; that it was a serious mat-
ter that she did not answer the questions that
were asked about it; and that "she does not Of witness, see "Witness," 18, 19.
dare put in her testimony, for the testimony
for the defense would show you, more plainly
than the testimony that has gone in on the side

Cruelty.

CURTESY.

of the state, as to this" being a house of pros- As ground for divorce, see "Divorce," 1, 2.
titution. Held that, though the use of this lan-
guage is disapproved, it is insufficient ground
for a new trial, where no objection was made
at the time, and no request was made to charge
the jury not to consider it.-State v. Hull, (R.
I.) 26 A. 191.

23. It was not error, on motion for new
trial, to refuse to compel by attachment the
taking of certain testimony, and to have it
filed of record so as to be reviewable on ap-
peal, for the taking of testimony was a matter
for the trial court, which, on the affidavits,
did not consider the testimony sought after of
any importance, and if it had been taken and
filed it would not have been reviewed by this
court.-Commonwealth v. Buccieri, (Pa. Sup.)
26 A. 228, 153 Pa. St. 535, 32 W. N. C. 113.
Appeal.

See, also, "Dower."

In general.

A judgment debtor, on his wife's de-
cease, became a tenant by the curtesy in her
real estate, and she also willed him her proper-
ty for life, with a right to use whatever should
be necessary for his comfortable support. He did
not elect under which he would hold. Held,
that it will be presumed he holds as a tenant by
the curtesy, and during the life of his children
the land cannot be taken by the foreclosure of
a lien filed thereon to satisfy a judgment re-
covered against him on his indorsement of a
note. Carpenter, J., dissenting.-Sill v. White,
26 A. 396, 62 Conn. 430.

Custodia Legis.

Custody.

24. Under Act 1809, c. 144, (Code, art. 27,
§ 282,) a person presented or indicted for a
crime was permitted to submit to the court
which was authorized and empowered to decide
on the whole merits of the case, and Act 1785. See "Exemptions," 1, 2.
c. 87, § 6, (Code, art. 5. § 2,) gave a right of
appeal in prosecutions for any penalty. Held,
that where the statement of facts on which a Of will, see “Wills,” 19.
criminal case was tried is properly in the rec-
ord, and the court below has declared the law
thereon, an appeal brings the rulings before the
appellate court for review, and it can render a
judgment in the case, though the statement of
facts does not, as required in civil cases, con-
tain a provision for entry of the judgment after

CUSTOM AND USAGE.

When may be proven.

1. In an action to recover damages for fail-
ure to carry freight from Savannah to Bremen,

evidence as to the understanding among New
York bankers, of whom plaintiff was one, as to
liability of carriers, was properly excluded.-
Lazard v. Merchants' & Miners' Transp. Co.,
(Md.) 26 A. 897.
Effect.

2. In an action for mason work, at a spec-
ified price per perch, where the dispute is as
to the number of perches contained in the work,
a uniform, universal, and notorious custom of
measurement among masons is binding, though
the result of such measurement is greater than
the actual contents.-McCullough v. Ashbridge,
26 A. 10, 155 Pa. St. 166.

3. A custom of dealers in bonds and stocks,
whereby an option to sell at the end of a given
period expires on the last day of such period,
does not apply to the case of an option to de-
mand a rescission of the sale of bonds and
stocks after their obligatory retention for a
year by the purchaser.-Weld v. Barker, (Pa.
Sup.) 26 A. 239.

DAMAGES.

Caused by public improvements, see "Municipal
Corporations," 41, 42.

For conversion, see "Trover and Conversion," 5.
For land taken for highway, see "Highways,"
4, 5.

In condemnation proceedings, see "Eminent Do-
main," 13.

Exemplary damages.

1. Defendants' salesman, erroneously sus-
pecting plaintiff of having stolen certain goods
from the store which was in his charge, de-
tained her, and had her sent to the police sta-
tion, and there searched. Held, that a verdict
awarding plaintiff $750 damages was grossly
excessive; punitive damages not being allow-
able except where the master participates in
or approves the wrongs of his servant.-Staples
v. Schmid, (R. I.) 26 A. 193.

When contract construed to provide
for liquidated damages.

2. In a contract to complete a grand
stand for a race course by a designated
day, the contractor agreed to pay the owner
$100 a day for every day that he should be in
default after the day stated, which sum was
thereby agreed upon as the damages which the
owner would suffer by reason of such default,
and not by way of penalty. Held, that the
sum of $100 a day was liquidated damages.-
Wallis Ironworks v. Monmouth Park Ass'n,
(N. J. Err. & App.) 26 A. 140.
Remote and proximate cause.

3. In an action against a railroad company
for having negligently blown an engine whistle
so as to frighten plaintiff's horses, which ran
away, injuring themselves and the hack to
which they were harnessed, loss in the market
value of such horses is a proximate result of
the injury, which plaintiff is entitled to recover.
-Fritts v. New York & N. E. R. Co., (Conn.)
26 A. 347.

Measure for breach of contract.

4. Where one undertakes to procure a pol-
icy of insurance against loss by fire upon the
house of another for a sum named, but,
through oversight on his part, he does not get
the policy, and the house is consumed within
the time covered by the proposed policy, he will
be liable for no more than the value of the
house, though that be less than the amount
which was to have been named in the policy.-
Lehneis v. Egg Harbor Commercial Bank, (N.
J. Ch.) 26 A. 797.

5. The failure of a manufacturing com-
pany to erect ice machines within the time
specified in a contract made by it with defend-
ant entitles the latter to damages equal to the
fair rental value of similar machines during the
period of default.-Central Trust Co. of New
York v. Arctic Ice-Mach. Manuf'g Co., (Md.)

26 A. 493; Arctic Ice-Mach. Manufg Co. v.
Central Trust Co. of New York, Id.; Maryland
Ice Co. v. Arctic Ice-Mach. Manuf'g Co., Id.
6. The failure of a manufacturing com-
pany to erect machines of first-class materials
and in a workmanlike manner, as provided by
the latter to damages equal to the difference
a contract made by it with defendant, entitles
between the value of the machines as they
were and the value of them as they should
have been.-Central Trust Co. of New York v.
Arctic Ice-Mach. Manuf'g Co., (Md.) 26 A.
Trust Co. of New York, Id.; Maryland Ice Co.
493; Arctic Ice-Mach. Manuf'g Co. v. Central
v. Arctic Ice-Mach. Manuf'g Co., Id.

7. In an action for breach of contract to

carry cotton from Savannah to Bremen via
Baltimore, evidence as to the price of cotton at
Baltimore was properly excluded, since the
damage, if any, was the value of the cotton at
chants' & Miners' Transp. Co., (Md.) 26 A. 897.
Bremen, the place of delivery.-Lazard v. Mer-

8. An award provided that defendants
should pay the costs of arbitration, put a new
cylinder of a certain capacity in an engine for
plaintiffs, pay a certain sum, and return cer-
tain small saws, and that when so done plain-
tiffs should deliver to them certain old iron and
a shingle machine, which in the mean time
plaintiffs should store without using. Held, that
plaintiffs could recover as damages, by reason
of nonperformance by defendants, the difference
between the value of the things defendants did
not perform and the value of the iron and the
shingle machine which plaintiffs were to deliv-
Reed, (Vt.) 26 A. 526.
er on performance by defendants. — Gray v.

Measure for torts.

9. In an action of trespass for distraining
plaintiff's goods for rent due from a third per-
son for the premises upon which the goods
were found, the measure of damages is the
value of the goods at the time of the taking,
with interest thereon to the time of the trial.-

Perrin v. Wells, 26 A. 543, 155 Pa. St. 299.

10. In an action against a railroad company
for having negligently blown an engine whistle
so as to frighten plaintiff's horses, which ran
away, injuring themselves and the hack to
which they were harnessed, evidence of the
loss of the use of plaintiff's horses for a cer-
tain time, and what he might have earned by
them during that time, without any evidence
to show what he might and should have earned
without them by procuring another team or
getting other employment, furnishes no basis for
computing such loss, whether it be considered
proximate or remote.-Fritts v. New York &
N. E. R. Co., (Conn.) 26 A. 347.
Evidence.

11. In an action for personal injuries, the
court properly refused to direct the jury to dis-
regard the testimony of plaintiff that she did
not procure medical attendance because her
husband was out of employment.-Feather v.
City of Reading, 26 A. 212, 155 Pa. St. 187.

12. It is not necessary, in actions under Act
June 11, 1879, (P. L. 126,) brought by hus-
band and wife, for use of the wife, to recover
damages for injuries to the wife, that direct
proof, in dollars, be given of "the value of the
wife's services;" the act not being intended to
release the wrongdoer from any damages, or
change the rules of evidence, but only to pro-
vide for the recovery in one action of all dam-
ages which either husband or wife might re-
Sup.) 26 A. 595, 154 Pa. St. 440, 32 W. N. C.
cover.-Kelley v. Township of Mayberry, (Pa.

224.

Instructions.

13. In an action for personal injuries, the
court charged that plaintiff was entitled to re-
cover such an amount as would compensate
him for his pain, for his expenses occasioned
by the injury, for loss of wages to time of trial.
and, if the injury was permanent, for loss of
earning power for the balance of the time that

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