STATE JUDICIAL DIRECTORY

For 1890.

SUPREME COURT.*

JOHN W. CHAMPLIN (CHIEF JUSTICE),

[TERM EXPIRES DECEMBER 31, 1891.]

GRAND RAPIDS.

*For composition of Court during period covered by Vol. 78, see Vol. 68, page iii.

+ Appointed to fill vacancy caused by the death of Mr. Justice CAMPBELL ++ Appointed to fill vacancy caused by the resignation of S. V. R. Trowbridge.

iii

GEORGE S. SWIFT.

. . F. H. CHAMBERS,

(Jan. 1, Mar. 5, May 7, July 2, Sep. 3, Nov. 5, 1890.)

SUPERIOR COURT OF GRAND RAPIDS, EDWIN A. BURLINGAME, (Mar. 10, May 12, Sep. 8, Dec. 8, 1890.)

iv

TABLE OF CASES REPORTED

IN VOLUME 78,

WITH DIGEST OF POINTS DECIDED.

A.

PAGE

ABELE V. MCGUIGAN,

Bills and notes-Dishonor of one of several notes puts pur-

chaser upon inquiry as to all of the paper-Deed from a

father to his son, and life lease back to the father, are

construed together in this case-Lease is held not to. give

exclusive possession, after son's death, with right to eject

son's widow, etc.

ADAMS V. BAY CITY,

Municipal corporations-Section 17 of charter of Bay City,

as to special assessments, construed.

ADAMS V. IRON CLIFFS COMPANY,

415

211

271

Negligence case-If there was no eye-witness to the acci-

dent, in absence of evidence to the contrary, deceased

will be presumed to have used ordinary care-Such pre-

sumption warrants a recovery on showing defendant's

negligence-Question of contributory negligence is for the

jury, where candid and intelligent men may arrive

at different conclusions on the facts-Public user will

constitute an acceptance of a country road, when suffi-

ciently general and long continued-Maintaining a road

V

Adams v. Iron Cliffs Company-Continued.

for 20 years over corporate property, which is a connect-

ing link in a public highway between two towns, charges

corporation with same duty as to a railroad crossing over

such road, and the running of trains over it, as if it was

in fact a public highway crossing-A servant who is

required at any time during working hours when upon

his master's premises to perform the duties incident to

his employment, is, during such hours, in the master's

employment-A founder in a blast furnace, upon the

facts of this case, is held to be a fellow-servant of an

engineer whose business it is to move cars on the furnace

track as desired in the business.

ALPENA, CITY OF, SEBERT V.,

PAGE

ARNOLD, DIKEMAN V.,

165

455

587

ASHTON V. DETROIT CITY RAILWAY COMPANY,

Demurrer-If overruled defendant cannot assign error after

pleading issuably and going to trial on the merits-Evi-

dence-Physician may state how the patient described

the pain from which she was suffering, and describe her

actions, as tending to inform the jury of the patient's

condition.

ATTORNEY GENERAL V. COMMON COUNCIL OF THE CITY OF

DETROIT,

Constitutional law-Act No. 468, Local Acts of 1889, rela-

tive to the registration of voters in the city of Detroit, is

unreasonable and void.

AUDITOR GENERAL, GAMBLE V.,

AVERILL V. Wood,

Corporation-Arrangement by its receiver to pay its out-

standing note amounts to an acceptance-Presumption

that a man knows the law is not an answer, in all cases,

to his claim that he has been defrauded by false repre-

sentations-Purchase of property of a wife, at her hus-

band's request, and upon condition that he would release

all of his claims against her vendee, is a sufficient con-

sideration for such release-If release was secured by

false representation that it would not be used against the

husband, and the wife received the entire benefits of the

545

302

342