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ly relations ceasing.–Gerling v. Lain, Ill., 109 gage; the subsequent grantee having notice.N. E. 972.

clomore v. Bickerstair, Tex. Civ. App., 179 S. 47. Creditors' Suit-Judgment.- Property in

W. 536. one person's nands cannot be subjected to an- 62. Executors and Administrators-Setting other's general debt, unless the debt has been Asiae Deed.-in setting aside a conveyance of reduced to judgment, or there is a proceeding trust property made by an executor to himcoincidently to reduce it to judgment.--Hardy v. self professedly in satisfaction of a debt, and Hardy, Ga., 86 S. E. 780.

decreeing a sale of the land, the court should 48. Criminal Law--Judicial Notice.-The re

provide for payment of such debt, but not until corder or judge of a municipal court can take it shall have been established by proper evijudicial notice of an ordinance of the city, but

dence.--Ash v. Wells, W. Va., 86 S.E. 750. a judge of the superior court, in reviewing a 63. Highwayı--Abandonment.-Where, with judgment of a municipal court, cannot.-Berry the consent or public highway authorities, a V. City of Milledgeville, Ga. App., 86 S. E. 744. way ceases to be used, and another is acquired,

49. Curtesy — Taxes. Where defendants the old will be regarded as abandoned after bought plaintiff's estate by the curtesy, with, enough time to clearly indicate an acceptance out investigating whether taxes were paid, and

by the public of the new.-People v. Cleveland, there were no misrepresentations they would C., C. & St. L. Ry. Co., ill., 109 N. E. 1064. not be relieved of payment, on the ground the 64.-Driving to Right.--Plaintiff, whose estate was forfeited for nonpayment of taxes buggy was driven on the extreme right of the under Kirby's Dig. $ 7132.- Ward v. Ward, Ark., traveled part of a highway, might assume that 179 S. W. 495.

tne driver of an approaching team would turn 50. Damages-Liquidated. Under contract out in time to avoiu a collision, and that he was to furnish beer to defendants, who were to sell

paying some attention to where he was going. complainant's beer exclusively, amount stipu

-Muenlbauer v. Klockner, Wis., 154 N. W. 624. lated as damages for breach held to be liquidat- 65.—Jurisdiction.-A special statute created damages, and not a penalty; the amount ing a district to improve a road running through stipulated not being unreasonable or dispropor- an incorporated town held not invand as intionate.--Bartholomae & Roesing Brewing & vading the jurisdiction of the town by authorMalting Co. v. Modzelewski, ni., 109 N. E. 1058. izing the improvement of a highway constitut51.—Nominal. — Physician suing persons

ing one of the streets thereof.-Wail v. Kelley, causing loss of practice among members of em

Ark., 179 S. W. 486. ployes association in emergency cases held en- 66.-Road District.—A special statute creattitled to nominal damages only, where testi- ing a road district for the improvement of a mony as to loss of practice applied to

is en

road running through an incorporated town tire activities among the employes. -Peek v. held not void because it included property in Northern Pac. Ky. Co., Mont., 152 Pac. 421. such town without the consent of a majority

52. Deeds-Delivery.-Where husband and in value of the property owners first obtained. wife convey the former's land and deliver the -Nall v. Kelley, Ark., 179 S. W. 486. deed, the nonpayment of the consideration does 67. Homestead-Insurance.- Value of homenot defeat the title which the grantee later re- stead is to be determined at date of allotment, conveys to the wife.-Etheredge v. Aetna Ins. and hence insurance money collected on dwellCo., S. C., 86 S. E. 687.

ing burned before the allotment cannot be in53.- Dedication.—Though the parties to cluded in determination of its value.-Ketcham deed intended to leave a strip and dedicate it for v. Ketcham, Ill., 109 N. E. 1025. a street, the town was not bound to accept the 68. Husband and wife-Community Propland as part of the street.-Sugg v. Town of erty.-Contract between married man owning Greenville, N. C., 86 S. E. 695.

an option to buy realty and a corporation held 54. Descent and Distribution-Expectancy.- not invalid because wife did not assent thereto Where the prospective heir of a living person as is necessary in Porto Rico as to community releases his expectancy to the ancestor, a court property.–Parker v. Monroig, U. S. S. C., 36 S. of equity will enforce the contract for the bene- Ct. 42. fit of the other heirs.-Donough v. Garland, Ill., 69. Indemnity-Fellow Servant.—Where a 109 N. E. 1015.

subcontractor's servant recovered for injuries, 55. Fasements-Honest Belief.—Belief by the subcontractor, seeking to recover over from conowner of land that he was entitled by law to tractor, could not avoid the charge of contribu. lay a pipe line across the property of another tory negligence in work which it had intrusted will not, where it was not communicated, give to its foreman on the ground that he was a rise to an easement by prescription; the laying fellow servant of the injured servant.-Washof the line being authorized by contract.-Bar- ington & Berkeley Bridge Co. v. Pennsylvania low v. Frink, Cal., 152 Pac. 300.

Steel Co., U. S. C. c. A., 226 Fed. 169. 56. Escrows_Deposit of Deed.—The deposit 70. Indians-Enrollment.-A deed executed of a deed of escrow, to be delivered to the by an Indian September 6, 1911, to his allotgrantee on payment of the consideration stated, ment held void by reason of the grantor's mipasses no interest prior to the performance of nority, where the enrollment records show him the condition, Etheredge v. Aetna Ins. Co., S. to have been 10 years of age on September 20, C., 86 S. E. 687.

1900; the date of his enrollment being regarded 57. Estoppel-Foreclosure.-Although mort- as his birthday.--Linam v. Beck, Ok., 152 Pac. gagor who permits property not covered by 344. mortgage to be sold under foreclosure is estop- 71.- Selections of Land.-Selections by livped from questioning legality of sale, his credi- ing Indians only were contemplated by General tors are not.-Coguenhem v. Trosclair, La., 69 Indian Allotment Act, which, after providing So. 800.

for allotments, provided that, if any one en58. -Life Tenant.—That one thought and titled to an allotment failed to select within said she had only a life estate does not estop four years, the Secretary of the Interior could her or her assigns to assert her title in fee direct a selection by an agent, and by agents against any one not hurt by anything she did. for orphan children.--La Roque v. United States, Boyce v. Mosely, S. C., 86 S. E. 771.

U. S. S. C., 36 S. Ct. 22. 59.--Silence. -Silence works an estoppel 72. Insurance-Foreign Corporation. - Cononly when party withholds information tinuance of obligation of existing policies in which the other party does not have, or does not foreign life insurance company held by resipossess the means of obtaining, and which he dent policy holders, together with receipt of should have to protect his rights.-Tustin premiums at home office, is not doing business Philadelphia & Reading Coal & Iron Co., Pa., 95 within the state justifying privilege_tax imAtl. 595.

posed under Ky. St. 1909, § 4226.—Provident 60.-- Subsequently Acquired Property. Sav. Life Assur. Soc. v, Commonwealth of KenWhere a life tenant conveys and warrants the tucky, U. S. S. C., 36 S. Ct. 34. fee to a stranger in property devised, and there- 73. Principal and Agent.—Person dealing after acquires the interest of one of the re- with insurance agent without knowledge of maindermen, the title to the remaindermen's limitation of authority held entitled to assume interest is in the stranger by estoppel.-Cooley that he was authorized to issue particular polv. Lee, N. C., 86 S. E. 720.

icy and company was estopped to assert the 61. -Witness.--A grantor in a deed, absolute contrary.-International Fire Insurance Co. v. in form but in fact a mortgage, signing as a Black, Tex. Civ. App., 179_S. W. 534. witness a deed to a grantee of the mortgagee, 74. Internal Revenue-Excise Tax.-Construwas not estopped to assert that it was a mort- ing Act Aug. 5, 1909, $ 38, imposing an excise





tax on net income of corporation as preventing a realty corporation from deducting from gross income interest paid on mortgage in excess of its capital stock, held not unconstitutional as an arbitrary and unreasonable classification. Anderson v. Forty-Two Broadway Co., U. S. S. C., 36 S. Ct. 17.

75. Judgment--Default.—Mere forgetfulness due to one giving his attention to more important matters does not entitle him to have a default judgment set aside on the ground of excusable neglect.--Hales-Bryant Lumber Co. v. Blue, N. C., 86 S. E. 724.

76.-Rendition. The "judgment" of a court is what the court pronounces; its "rendition" is the judicial act by which the court settles and declares the decision of the law upon the matters at issue; and its "entry" is the ministerial act by which the enduring evidence of the judicial act is afforded.—Moore v. Toyah Valley Irr. Co., Tex. Civ. App., 179 S. W. 550.

77. Larceny-Receiving Stolen Property.-A person not connected with the original taking of property is not guilty of theft, even though he received the stolen property knowing it to have been stolen.- Whitfield v. State, Tex. Civ. App., 179 S. W. 558. 78. Logs

and Logging - Contract. Where contract for removal of timber requires payment of stumpage and also removal of timber cut before a certain date, every requirement is a portion of the consideration, and a contractor cannot establish performance by a showing of payment for stumpage alone.-Mankins v. Forward Movement Syndicate, Cal. App., 152 Pac. 313.

79. Master and Servant-Contributory Negligence.-Code 1913, c. 15p, § 26 (sec. 682), denying the benefit of defenses of contributory negligence and assumption of risk on failure of certain employers to take the benefit of the Workmen's Compensation Act, held constitutional.—De Francesco v. Piney Mining Co., W. Va., 86 S. E. 777.

80.- Employment. "Permanent employment" ordinarily means employment for an indefinite period, which, in the absence of some special consideration, may be arbitrarily severed at any time by either party.-McKelvy v. Choctaw Cotton Oil Co., Okla., 152 Pac. 414.

81.- Hours of Service.-A railroad, permitting, telegraph operators to work a

greater number of hours than prescribed by Hours of Service Act and failing for several days to make reports, held subject to but one penalty for each employe.-United States v. Baltimore & 0. R. Co., U. S. D. C., 226 Fed. 220.

Safe Place to Work.--An employer should maintain and keep in reasonably safe repair the appliances used, and not expose the employe to dangers not ordinarily or reasonably incident to the employment.-O'Donnell v. Bell Telephone Co. of Pennsylvania, Pa., 95 Atl. 579.

83.- Safety Appliance.—A safety belt is an "appliance" within Code Supp. 1913, § 4999-a3 (Acts 33d Gen. Assem. c. 219), providing that an employe shall not be deemed to have assumed the risk by continuing in the work where it is the employer's duty to furnish safe "appliances."-Boone v. Lohr, Iowa, 154 N. W. 591.

84.-Workmen's Compensation Act.—Under Workmen's Compensation Act, $ 1, employe fall. ing into a hole in floor, while hurrying to assistance of workmen who had fallen in, held killed by injury "arising out of and in the course of the employment.”-Dragovich v. Iroquois Iron Co., Ill., 109 N. E. 999.

85.-Workmen's Compensation Act.-Under St. 1913, $ 2394—3, right to compensation for disease caused by the furnishing of impure drinking water held governed by the Work

addition to the minimum monthly royalty on coal mined, and that when it failed to mine the requisite amount in any 1110nla it was requirea to make up the diference between the royalties and the minimum,

also tо рау une rignt or way charge.--Tustin v. Iniladelpnia & Reading Coại & Iron Co., P8, 95 Al, ooo.

88. Monopolies—Extent.—That a coal company has acquired and noids a large percentage of ine undeveloped coal lands in the anthracite region, ana mines and sells a large percentage of the total quantity produced, uoes not in itself constitute it a monopoly, in violation or ine Sherman Anti-Trust Act. -Uniced States v. Reading Co., U. S. D. C., 226 Fed. 229.

89. Mortgages-Injunction.- Where mortgage authorizes sale on default in payment of eitner of four notes, but tnere is no provision that the whole indebtedness shall become due on sucn default, on payment or note tnen due, a sale under tne mortgage will be restrained until another note is due.-Frink v. Tyre, N. C., 86 S. E. 773.

90. Municipal Corporations - Constitutional Law.-The Act of 1913 (Hurd's Rev. St. 1913, c. 23, § 164) amending Acts 1891, p. 142, § 6, providing for public nospitals so as to authorize the issuance of warrants in the nature of bonds, held not to violate Const.. art. 9, 12, limiting municipal indebtedness. Holmgren v. City of Moline, ill., 109 N. E, 1031.

91.- Ordinance.-Ordinance of city in antisaloon territory prohibiting display of liquor advertisements held beyond the power of the city to adopt.-Haskell v. Huward, Ill., 109 N. E. 992.

92. Negligence-Assurance by Master.-Assurance of bridge company's engineer that plaintiff subcontractor might place steel work on a green concrete pier held negligence, proximately resulting in injury to piaintiff's workman from falling of the pier.—Washington & Berkeley Bridge Co. v. Pennsylvania Steel Co., U. S. C. C. A., 226 Fed. 169.

-- Defined.-Negligence ordinarily arises from the failure to perform some duty or obligation required by law to be performed under the relations and conditions existing by one to another, which duty or obligation may be either positive or negative, or both.-Gogoi v. Baltimore & O. R. Co., U. S. D. C., 226 Fed. 224.

94. New Trial-Partial Issue.- A successful plaintiff cannot obtain a new trial as

to the issue of damages or an increase in damages, and at the same time hold the general verdict in his favor.-Banaszek v. F. Mayer Boot & Shoe Co., Wis., 154 N. W. 637. 95.

Parent and Child—Maintenance.- Where a father has agreed with his wife to pay her a stipulated sum per week for support of herself and children, and such sum is inadequate, the court will compel him to pay a greater sum.-Rennie v. Rennie, N. J. Ch., 95 Atl. 571.

96. Partition-Parol Agreement.-Agreement of children of decedent to divide his land as indicated by undelivered deeds to them, decedent's widow not signing the agreement, held valid as a parol partition of the land; she being estopped by acquiescence. -Van Zanten v. Van Zanten, Ill., 109 N. E. 986. 97, Payment-Voucher.-A "voucher" is

an instrument showing on what account or by what authority a particular payment is made, or that the services of payee entitled him to payment, and cancelled checks are not vouchers, as they do not show such essentials.-Camp & Du Puy v. Lauterman, Ore., 152 Pac. 288.

98. Pleading-Amendment.-Defendant was not entitled to amend his answer during the trial to set up a deed of trust, with a defense based thereon, where the circumstances put him on inquiry.-Ablon v. Wheeler & Motter Mercantile Co., Tex. Civ. App., 179 S. W. 527. 99 Prinminal


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stock, held not to relieve him from liability to pay therefor, on the ground that he was a mere selling agent.-Shade v. Llewellyn, Pa., 95 Atl. 583.

101.-Undisclosed Principal.--Failure of principal to disclose himself with his knowledge that agent has assumed charge of the transaction, makes the agent one for all purposes of the transaction, and the principal cannot assert lack of express authority against one relying in good faith on the assumed authority-Weigell v. Gregg, Wis., 154 N. W. 645.

102. Principal and Surety-Release of Surety:-Failure of the payee of a note to sue the principal on the oral request of the sureties sued, made long after the maturity to the attorney who had the note for collection, held not to release the surety sued.-Miller v. State, Okla., 152 Pac. 409.

103. Public Lands-Patents.- Patents procured from the United States by fraud are not void but voidable, and the government may elect to rescind the patent or ratify and sue for damages.-United States v. Koleno, U. S. C. C. A., 226 Fed. 180.

104. Quieting Title-Adverse Possession. A claim of adverse possession by defendant whose elevator was located in part upon the grounds of the plaintiff railroad was a cloud upon the plaintiff's title entitling it to a decree quieting title.--Des Moines & Ft. D. R. Co. v. Whitaker, Iowa, 154 N. W. 604.

105. Railroads Burden of Proof.—Where it was admitted that live cinders emitted from a locomotive started the fire, the burden was on the defendant railroad company to show that the locomotive

properly equipped and handled prudently.-Fuller v. Chicago, R. I. & P. Ry. Co., La., 69 So. 804.

106.-Proximate Cause.-It is not every act of negligence on the part of a person injured or killed at a crossing that will defeat a covery of damages, but only those negligent acts materially contributing to the accident.Chicago & E. R. Co. v. Biddinger, Ind. App., 109 N. E. 953.

107. Receivers Appointment.-An order of the chancery court, requiring bond as a dition to its refusal to appoint a receiver, held valid, notwithstanding the defendant tenant had before given bond upon appeal from a judgment for restitution of the land.–Parsille Brown, Mich., 154 N. W. 569.

108. Reformation of Instruments.-Description.-Where lessor and lessee at time of lease intended that lessee should have all the land owned by the lessor, an erroneous description by metes and bounds will be corrected on petition of the lessee.-Gimbel Bros. Tolman, Wis., 154 N. W. 628.

109. Sales-Acceptance.-Buyer held to be. come liable for price by accepting the goods or the proceeds of a sale thereof from a carrier after previously refusing to accept them.-MCDonnell Foundry & Machine Co. v. Glacier Metal Co., Miss., 69 So. 769.

110. Specific Performance Personal Covenant.-Equity cannot make and enforce an efficient decree for enforcing against the covenantor's grantee a personal covenant for conestruction of a driveway for use by the covenantor's grantor so long as friendly relations between the parties exist.-Gerling v. Lain, Ill., 109 N. E. 972.

111. Street Railroads—Negligence. Where plaintiff drove north on the north-bound street railway track for over 250 feet at a walk, without looking behind to see if a car was coming, he was negligent.-Niederfriedrich v. Milwaukee Electric Ry. & Light Co., Wis., 154 N. W. 639.

112. Taxation-Exemption. Any contrant

of.-People v. Lefens' Estate, Ill., 109 N. E. 965.

114.-Notice.--Failure to state correctly the amount claimed for descriptions in notice to redeem from tax sale or excessive demand for descriptions does not make notice defective if it correctly states the amount paid for taxes. -Rogers v. Davison, Mich., 154 N. W, 571.

115.—_Statute of Limitations.-While plain tiffs, seeking to quiet title to unimproved land, are not barred by the statute of limitations, being under coverture, their action for equitable relief is barred by their laches in failing to pay taxes for 45 years, 14 of which followed defendant's purchase from the state.-McGill v. Adams, Ark., 179 S. W. 489.

116. Telegraphs and Telephones. — Illegal Agreement.—Where a telegraph agent converted money paid by the cousin of one accused of crime in order to stop proceedings, held, that creditors who instituted the proceedings had no right of action against the telegraph company; title not having passed, and the agreement being illegal.-Western Union Telegraph Co. v. Smith, Tex. Civ. App., 179 S. W. 548.

117.-Negligent Delay.-The burden of proof is on the defendant telegraph company, in an action for damages for negligent delay in delivery of a telegram, to show that, in spite of the delay, the plaintiff by due diligence could have arrived in time. Gainey v. Western Union Telegraph Co., N. C., 86 S. E. 716.

118. Torts-Respondeat Superior.-Railroad yardmaster who posted notice to employes not to call a particular physician in case of accident held liable to the physician; it being unauthorized by his instructions or by an employes' beneficial association.--Peek v. Northern Pac. Ry. Co., Mont., 152 Pac. 421.

119. Trusts—Construction.-A deed to for life, and after that some sort of an estate to others, is not a trust deed, so as to be free from the unyielding rules for construction of a common-law deed. --Boyce v. Mosely, s. C., 86 S. E. 771.

120.-Estoppel. — Judgment creditor of grantor held not estopped from collecting judgment out of lands of grantee, who did not register deed, because the creditor's wife purchased part of the land from the grantee with money furnished by him; such transaction not constituting a resulting trust, but a gift.Maxton Realty Co. v. Carter, N. C., 86 s. E. 714.

121. United States-Contracts.--Failure to reduce a contract made by authority of Secretary of Navy to a writing signed by the contracting parties as required by Rev. st. § 3744 (Comp. St. 1913, $ 6895), does not preclude enforcement of contract by the government, though it is enforceable against the government.-United States v. New York & Porto Rico S. S. Co, U. S. S. C., 36 S. Ct. 41. 122. Waters and Water

Courses Constitutional Law.-St. 1913, p. 785, is not unconstitutional as imposing a tax to pay for irrigation improvements on all property within a county irrigation district, irrespective of the benefits conferred by the improvement.—Bliss v. Hamilton, Cal., 152 Pac. 303.

123. Wills-Agreement Between Adults.The widow and children of a decedent, who were the only persons having any interest in the estate, no rights of any creditors being involved, could by agreement make any disposi. tion of the property they chose, regardless of the will.-Van Zanten v. Van Zanten, Ill., 109 N. E. 986.

124.- -Testamentary Capacity. The test of testamentary capacity is whether a testator at the time of the execution of his purported will

memory to enable him

-- in which




And in this respect the opinion of the court Central Law Journal.

in this case is in harmony with the great

weight of authority in this country when ST. LOUIS, MO., JANUARY 28, 1916. it quotes with approval the following lan

guage of the South Carolina Supreme ARE ATTORNEYS WHO ASSIST A COR

Court: "It is too obvious for discussion PORATION IN PRACTICING LAW that the practice of law is not limited to the GUILTY OF PROFESSIONAL MISCON- conduct of cases in courts. According to DUCT?

the generally understood definition of the practice of law in this county, it embraces

the preparation of pleadings and other The question of the unlawful practice of the law continues to agitate the profes

papers incident to actions and special pro

ceedings on behalf of clients before judges sion, which, in some states seems to be

and courts, and in addition, conveyancing determined to rid itself of unlawful com

and preparation of legal instruments of all petition of laymen and corporations in

kinds, and in general, all advice to clients the practice of law. In our first issue of

and all action taken for them in matters the current year we had occasion to publish

connected with the law." in full the recent opinion of the Tennessee Court of Appeals in the case of Grocers Reasoning from this premise it was a & Merchants Bureau of Nashville v. matter that presented no logical difficulty Gray, which held that a collection agency

for the court to hold that incorporating a offering to give legal advice with respect company was law business. On this point to commercial matters placed in their the court added : “The incorporation of a hand was practicing law and that the company involves the interpretation of courts would not assist them in securing

statutes, the preparation of proper papers compensation for services rendered un- and a consideration of the nature of the der such a contract. See 82 Cent. L. J.

See 82 Cent. L. J. corporation to be formed, in order that it 16, where, in an exhaustive note, we may meet the needs of its projectors. All have collated the authorities defining the this calls for the application of legal knowlpractice of law.

edge and skill and the consequent renderNow comes the Appellate Division of the ing of legal advice and services.” Supreme Court, of New York, and in an In this case it appeared that the respondopinion handed down in December, 1915 ents, Francis P. Pace and H. C. S. Stimpin the case of In the Matter of Pace and

son, attorneys in good standing at the New Stimpson, holds: “That it is unlawful for York bar, had been employed to represent a corporation, whether domestic or for

in that city the Corporation Company of eign, to practice law in this state, and Delaware, a corporation, whose chief busiany member of the bar, who assists a cor- ness was to organize corporations under poration in violating the law in this re- the Delaware law. The corporation adspect, is guilty of professional miscon- vertised that its representatives would, for duct.”

a stated fee, furnish and fill out the proper There hardly will be any surprise ex

blanks for the incorporation of any compressed at the attitude of the court in

pany under the Delaware law. holding that preparing the necessary papers It is interesting to note in this connecto incorporate a company under the laws

tion that the court paid little heed to the of any state constitutes the practice of law. argument of respondent's counsel that the

services rendered by the Corporation Com- poration Company of Delaware on the inpany of Delaware were purely ministerial stitution of these proceedings, the court and consisted in merely filling out proper limited the penalty usually imposed for unforms designated by the Delaware law. On professional conduct to censure, but gave this point the court said: "It is true that warning that the court would regard such the legislature has made it so simple and acts, if persisted in, as constituting serious apparently easy to incorporate a company professional misconduct. that it often happens that laymen, guided

It is strange how difficult it has been to by stationers' blanks, undertake to perfect

convince some lawyers, otherwise of very incorporation without legal advice, and

high standing at the bar, of the very unsometimes without untoward consequences.

ethical, not to say unprofessional, character But this does not prove that the incorpora

of arrangements with trust companies, cortion of a company according to statute does

poration charter companies and the like, not involve, properly speaking, legal advice

whereby such companies are enabled to do which, in practically every case, is requisite

law business and to reap a reward thereif there is to be assurance that the work

from. when done has been done legally and

A. H. R. properly.”

But, by far, the most interesting feature of this proceeding, are the parties to it. The case is founded on a petition brought

NOTES OF IMPORTANT DECISIONS. by the New York County Lawyers' Association, charging the respondents, constituting the law firm of Pace and Stimpson,


EDY EXCLUSIVE OF RIGHT OF ACTION with unprofessional conduct “in that they

AT COMMON LAW.–There was discussed in directly assisted a corporation known as

82 Cent. L. J., 43, the question of "Recovery the Corporation Company of Delaware to

Under the. Workmen's Compensation Act for render or furnish legal services or advice." Injury Suffered in Interstate Commerce Where In other words, the bar association did not

Employer was Free from Negligence.” In

the case there considered, it was held by New proceed criminally under the New York

York Court of Appeals, that the Federal Emstatute against the Corporation for violat

ployers' Liability Act, which allows recovery ing the statute prohibiting a corporation for negligence by employer, did not cover the from practicing law, but proceeded against subject so as to bar an action based on

injury without negligence. licensed attorneys who assisted the corporation to practice. In sustaining bar asso

It would seem that it is the policy of New

York courts to confine the operation of the ciation's petition the court said: "If the

Workmen's Compensation Act to what is specifacts of this corporation were unlawful ir

ically provided for, as witness a recent case this state, it is clear that the respondents by New York Supreme Court which bases its assisted in and furthered them, and there

conclusion on a prior ruling by the Appellate fore shared in the doing of the unlawful

Division of that court. Shannahan v. Monarch acts. For this they cannot escape respon

Engineering Co., 156 N. Y. Supp., 143.

In this case, suit was by a sister of decedent sibility, even, although they erroneously

and it was claimed that the Compensation Act believed that they were doing no wrong." did not specify that any benefit could be reIn view of the fact, however, that the

covered by one standing in


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