PUBLIC IMPROVEMENTS.
Certifying to Supreme Court question
whether improvement is a local im-
provement for which abutting prop-
erty may be assessed, see Cases Cer-
tified.
Review by courts of decision of munici-
pal authority that an improvement
is local, see Courts, 4.
Power of court to review action as to,
see Courts, 4.
Distribution of award in condemnation
of land subject to an assessment
for public improvements, see Emi-
nent Domain, 3.
1. A viaduct to carry the principal
street of a city across a gulch which dis-
connects one part of the city from another
and prevents travel along the street is not
a local improvement the cost of which can
be met by local assessment, although the
improvement will benefit adjoining proper-
ty more than that at a distance. Waukegan
v. De Wolf, 45: 918, 101 N. E. 532, 258 Ill.
2. Taxpayers who receive benefit from a
public improvement undertaken by a mu-
nicipal corporation which is acting under
a void charter cannot defeat liability to
the contractor, for the improvement, be-
cause the municipal organization was void.
Wendt v. Berry, 45: 1101, 157 S. W. 1115,
154 Ky. 586.
PUBLIC MONEY.
Necessity of, and formalities in, ap-
propriation of, generally, see Ap-
propriations.
Pledge by depository of, see Banks, 7.
Services rendered by Confederate sol-
diers to their state were public within the
meaning of a constitutional provision for-
bidding the granting of separate public
emoluments except in consideration of pub-
lic services, so that a pension may be
granted to them by the state for such serv-
ices. Bosworth v. Harp, 45: 692, 57 S. W.
1084, 154 Ky. 559.
(Annotated)
PUBLIC POLICY.
Question for jury as to, see Trial, 13.
PUBLIC SERVICE COMMISSION.
Who may appeal from order of, see
Appeal and Error, 2.
Consent by, to issuance of bonds by
public service corporation, see Evi-
dence, 9.
1. A corporation organized to supply
electricity for light, heat, and power pur-
poses to the inhabitants of a municipality
cannot, although organized and securing its
franchise before the passage of a statute
creating a public service commission, begin
construction without its consent, where the
statute provides that no such corporation
shall begin construction or exercise any
right or privilege under any franchise here-
after granted, or under any franchise here-
tofore granted but not heretofore actually
exercised, without first obtaining permission
of the commission, although it may have
exercised some franchise prior to the pas-
sage of the statute. People ex rel. New
York Edison Co. v. Willcox, 45: 629, 100
N. E. 705, 207 N. Y. 86.
2. A public service commission cannot
grant a corporation organized to furnish
electricity for heat, light, and power pur-
poses to the inhabitants of a municipality,
which has not secured its permission to be-
gin construction, the right to issue bonds to
aid the construction of power houses and
substations and the laying of cables and
ducts, under a statute requiring the con-
sent of the commission to the issuance of
bonds upon a finding that they are reason-
ably required for the purposes of the cor-
poration, and forbidding such corporation
to begin construction or to exercise any
after granted, or under any franchise here-
right or privilege under any franchise here-
tofore granted, but not heretofore actually
exercised, without first having obtained the
approval of the commission, although its
franchise from the municipality granted
prior to the enactment of the statute ex-
tended only to the construction of electric
lines in the streets, so that the construc-
tion which it desires to undertake is not
Co. v. Willcox, 45: 629, 100 N. E. 705, 207
within it. People ex rel. New York Edison
N. Y. 86.
(Annotated)
PUBLIC WATERS.
See Waters.
PUBLIC WATER SUPPLY.
See Waters, 4.
PUNITIVE DAMAGES.
See Damages, 1, 5.
PURE FOOD LAW.
Adulteration of confectionery, see Con-
Place of sale of adulterated confection-
ery, see Sale, 1, 2.
QUARANTINE.
Regulations as to, see Health.
QUIETING TITLE.
See Cloud on Title.
Subrogation of company responsible for
loss by fire to insurance thereon,
see Constitutional Law, 6a.
Right of courts to engraft exceptions on
statute subrogating railroad com-
panies responsible for fire to in-
surance upon property destroyed,
see Courts, 3.
Sufficiency of proof as to origin of fire,
see Evidence, 39.
Sufficiency of proof of negligence, see
Evidence, 42.
Rights acquired by, in condemnation
proceedings, see Eminent Domain,
1, 2.
Joint liability of railroad for injury | RECEIVERS.
by engine leased to another, see
Joint Creditors and Debtors.
Injury to employee, see Master and
Servant.
Change of fellow servant rule by stat-
ute, see Master and Servant, 44.
Municipal regulations of, see Munici-
pal Corporations, 2.
Question for jury as to, see Trial, 9.
1. A railroad company that has neg-
ligently failed to prevent the spread of a
fire which it knows, if not controlled, will
spread and destroy property of adjoining
owners, is liable for the damages caused
by the spread of such fire. Farrell v. Min-
neapolis & R. R. R. Co. 45: 215, 141 N. W.
491, 121 Minn. 357.
2. Where a fire for which a railroad
company is not responsible is burning on
and along its right of way, and the com-
pany knows of the same, and knows that if
not controlled, it will spread and destroy
valuable property of adjoining owners, a
duty devolves upon the railroad company to
use reasonable care to prevent this result.
Farrell v. Minneapolis & R. R. R. Co. 45:
215, 141 N. W. 491, 121 Minn. 357.
3. Although a railroad company is not
the cause of an independent fire that joined
with one caused by its locomotive, and pro-
ceeded to the land on which the damage com-
plained of resulted, it is liable for such dam-
ages where, through its negligence, the first
fire was permitted to spread. Farrell v.
Minneapolis & R. R. R. Co. 45: 215, 141 N.
W. 491, 121 Minn. 357.
(Annotated)
Homicide by parent in attempting to
prevent rape of child, see Homicide,
8.
Of carriers, see Carriers, 21-23.
For water, see Waters, 4.
REAL PROPERTY.
Covenants and conditions as to, see
Covenants and Conditions.
Fixtures, see Fixtures.
Specific performance of contract to ex-
change, see Specific Performance.
Investment by trustee in real estate, see
Trusts, 4-6.
REASONABLENESS.
Of statute limiting hours of labor, see
Master and Servant, 5.
Question for jury as to, see Trial, 3.
Power of governor to place district un-
der martial law because of, see
Governor.
Evidence in, see Evidence, 31.
In an action by a vendor for the pur-
chase price of a stock of merchandise which
the purchaser has refused to accept and pay
for according to his agreement, no error is
committed in the appointment of a receiver
to take charge of and sell the goods, that
the proceeds may be applied upon the plain-
tiff's claim. Swisher v. Dunn, 45: 810, 131
Pac. 571, 89 Kan. 412.
RECEIVING STOLEN PROPERTY.
Injunction to prevent, see Injunction, 1.
In deed, see Evidence, 12.
RECORDS AND RECORDING LAW.
On appeal, see Appeal and Error, 3-5.
Parol evidence as to records, see Evi-
dence, 16.
Of judgment to make chose in action
subject to execution, see Levy and
Seizure, 1.
Threat of prosecution of relative as
duress, see Duress, 2.
Insurable interest of, see Insurance, 2.
On false representations, see Fraud and
Deceit, 2.
RELIGIOUS BELIEF.
Of parent as ground for appointment
of guardian for child, see Guard-
ian and Ward.
Departure in suit on replevin bond, see
Pleading, 5.
A plaintiff in replevin in whose favor
a judgment for the return of property
which was retained by defendant under a
redelivery bond, or for its value, has been
entered in compliance with the statute, may
refuse to accept the property if it has ma-
terially deteriorated in value since the bond
was given, and recover on the bond the
full value of the property as fixed in ac
cordance with the requirements of the stat
ute in the replevin suit. Hallidie Machin-
ery Co. v. Whidbey Island Sand & Gravel
Co. 45: 40, 131 Pac. 1156, Wash.-.
(Annotated)
Requiring reports from owners of pub-
lic moving vans, see Municipal Cor-
porations, 6.
REPUTATION.
Evidence of, see Evidence, 25, 26.
Of contract, see Contracts, 13.
Of sale, see Sale, 6.
RES JUDICATA.
See Judgment.
RESPONDEAT SUPERIOR.
See Master and Servant, 46-54.
RESTRAINT OF TRADE.
Validity of contract in restraint of
trade, see Contracts, 9.
RETROSPECTIVE LAWS.
As to when laws are restrospective, see
Statutes, 6.
REVERSIBLE ERROR.
See Appeal and Error, 20-43.
Appraisement of stock of merchandise
upon sale thereof, see Arbitration,
By carrier of goods refused by con-
signee, see Carriers, 15, 16; Evi-
dence, 8.
Mortgagor's power of, under chattel
mortgage, see Chattel Mortgage.
Validity of contract of sale, see Con-
tracts, 3, 4.
Effect of death on contract of sale, see
Contracts, 11, 12.
Bulk sales, see Fraudulent Convey
Injunction against enforcement of ordi-
nance as to, see Injunction, 5.
Appointment of receiver to take charge
of sale of stock of goods refused
by purchaser, see Receivers.
1. Where a traveling salesman takes an
order for confectionery and forwards it to
the manufacturer in another state, for ac-
ceptance or rejection by him, and the or-
der is accepted by packing the confection-
ery, which is colored with coal-tar dye,-a
coloring prohibited by the laws of the state
Of liquor license, see Intoxicating Li- of the purchaser, and delivering the same
Power of governor to declare state of
war because of, see Governor.
Institution of martial law, see Martial
Law.
to the carrier for shipment to the pur-
chaser, the sale takes place in the state of
the manufacturer, and the salesman is not
guilty of the violation of a statute of the
state of the purchaser, prohibiting the
manufacture or sale of confectionery col-
ored with coal-tar dye. State v. Gruber,
45: 591, 133 N. W. 571, 116 Minn. 221.
1. The people have the right, in a quiet
and peaceable manner, to combine together
2. A traveling salesman, in taking and
and organize for the purpose of assisting forwarding an order for confectionery man-
officers in the enforcement of law, and they ufactured contrary to the laws of the state
may also take such steps as they may
where the order is taken, which order is
deem necessary for the purpose of carrying to be accepted by the manufacturer, is not
out the objects of such organization, taking guilty of selling adulterated confectionery
care at all times to abstain from any il in the state where the order is taken, or
legal act or conduct. Crawford v. Fer- abetting in such a sale, although the manu-
guson, 45: 519, 115 Pac. 278, 5 Okla. Crim.facturer fills the order and ships the goods.
Pac. 278, 5 Okla. Crim. Rep. 377.
State v. Gruber, 45: 591, 133 N. W. 571,
116 Minn. 221.
2. The violation of law under the guise
of attempting to enforce the law is not only
illegal, but it is anarchy. Crawford v. Fer-
guson, 45: 519, 115 Pac. 278, 5 Okla. Crim.
Rep. 377.
Rights and remedies of parties gener-
ally.
Fraud of seller of trees in estimating
number needed to plant tract, see
Fraud and Deceit, 2.
3. One who has bought goods on con-
3. Where three or more persons, with-
out authority of law, combine together, and
by means of threats to use force or violence,dition which has not been complied with
if accompanied by power of immediate exe by the seller is bound to return them to
cution, seek to accomplish any unlawful relieve himself from liability for the price,
purpose, they are guilty under the law of if, after the breach, the parties agree that
National Cable &
riot. Crawford v. Ferguson, 45: 519, 115 he may return them.
Pac. 278, 5 Okla. Crim. Rep. 377.
Mfg. Co. v. Filbert, 45: 258, 140 N. W. 741,
S. D. -
4. One selling material for lightning
Murder while engaged in, see Homi- rods for resale at certain prices within cer-
cide, 4.
Right to select, see Carriers, 20.
SAFETY GATES.
Power of municipality to require safety
gates at railroad crossings, see
Municipal Corporations, 2.
tain territory, under a contract which ob-
ligates him to furnish a salesman to help
start the business, who is to be paid from
profits from sales made by the purchaser,
and forbids the purchaser to attempt to put
up any rods in the absence of the sales-
man, cannot enforce payment of the pur-
chase price after an attempted rescission
by the purchaser, if he fails to furnish the | SETTLEMENT.
salesman. National Cable & Mfg. Co. v.
Filbert, 45: 258, 140 N. W. 741,
5. Want of ownership of the timber by
the contracting party at the time the con-
tract is made does not constitute a breach
of a contract to deliver a certain gross
quantity of timber at the rate of a certain
number of feet per year. Page v. Ford,
45: 247, 131 Pac. 1013, Or. -.
Rescission.
Failure of consideration for contract
to purchase serial publication, see
Contracts, 13.
6. The representation by the agent of
a law book publishing company, made in
good faith and without any intention to
deceive, at the time of the sale of a pub-
lication of such company, and to induce
the subscriber to subscribe therefor, that
the company would continue the publica-
tion of the books so long as another pub-
lishing house should continue to publish
certain of its books, does not, although not
performed, furnish a basis for a rescission
of the contract as to the books published
and delivered to the subscriber thereunder.
Bigelow v. Barnes, 45: 203, 140 N. W. 1032,
121 Minn. 148.
SATISFACTION.
See Accord and Satisfaction,
Assumption of risk by servant working
on, see Master and Servant, 40.
SCARLET FEVER.
Judicial notice as to, see Evidence, 1.
See Compromise and Settlement.
SPECIFIC PERFORMANCE.
Necessity of renewing tender in suit
for specific performance, see Ten-
der.
Specific performance will not be en-
forced of a contract to exchange real es-
tate, which provides for liquidated damages
for failure to perform, upon payment of
which the contract is to become null and
void. Davis v. Isenstein, 45: 52, 100 N. E.
940, 257 Ill. 260.
(Annotated)
A board of education has no power
to purchase text-books and sell them to the
pupils at wholesale prices, under statutory
authority to sell real and personal prop-
erty as the interests of the school require,
and make such by-laws relative to the
regulation of schoolbooks to be used and
anything whatever that may advance the
interest of education, the prosperity of the
schools, and the welfare of the public con-
cerning the same. Kuhn ex rel. Sheehan v. SPEEDY TRIAL.
Board of Edu. 45: 972, 141 N. W. 574,
Mich. -
See Divorce and Separation.
Necessity of, see Criminal Law, 4.
Failure to remove sponge after sur-
gical operation, see Physicians and
Surgeons.
Boundaries of, see Boundaries.
Statute nullifying contract for con-
struction of state building, see Con-
stitutional Law, 10.
Liability of state building commission-
ers who discharged person em-
ployed to construct state building,
see Officers, 1.
Right of one engaged to erect state
building to maintain trespass
against state agents who enter
upon property and dispossess him,
see Trespass, 3.
worth v. Harp, 45: 692, 157 S. W. 1084, 154
Ky. 559.
Construction.
5. The common-law doctrine of a strict
construction of penal statutes has no placi
in the criminal jurisprudence of Oklahoma;
but, on the contrary, such statutes must be
liberally construed, and the fair import of
their provisions must be accorded them,
with a view to effect the objects for which
they were enacted, and to promote justice.
Cline v. State, 45: 108, 130 Pac. 510,
Okla. Crim. Rep.
6. Where a crime is found to have
been committed before the taking effect of
No action lies to compel the state, the indeterminate-sentence law, the sentence,
either directly or indirectly, to perform a
contract by which it agrees to pay for the upon the verdict of the jury, finding the
accused guilty, should conform to the law
construction of a building on state prop-in force at the time of the commission of
erty. Caldwell v. Donaghey, 45: 721, 156
S. W. 839, Ark.
4. A statute granting money to indi-
gent soldiers is not a special law within the
meaning of the constitutional provision that
where a general law may be made appli-
cable, no special law shall be enacted. Bos-
the offense. Stehr v. State, 45: 559, 139
N. W. 676, 92 Neb. 755.
1. The street car company is not negli-
gent in permitting passengers to stand on
the steps of the car, outside its body,
it slowly approaches, with gong sounding,
a person standing near the tracks, who
has notice of the condition of the car and
the danger of contact with the person so
carried. Graves v. Tacoma Railway & Pow-
er Co. 45: 269, 130 Pac. 476, 72 Wash. 387.
(Annotated)
2. A person having noticed that an ap-
proaching street car is carrying passengers
on the steps outside the body of the car is
negligent in remaining so close to the track
that he is in danger of collision with such
passengers. Graves v. Tacoma Railway &
Power Co. 45: 269, 130 Pac. 476, 72 Wash.
387.
STRICT CONSTRUCTION.
Of statutes, see Statutes, 5.
STRIKES.
Validity of contract by sheriff to pro-
tect property during strike, see
Contracts, 8.
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