XII. FOREIGN CORPORATIONS. § 661 (Mich.) Comp. Laws 1897, § 10442, as amended by Pub. Acts 1909, No. 3, authorizing actions against foreign corporations, is limited to foreign corporations transacting interstate commerce business within the state.-Matthews v. Montreal Mining Co., 150 N. W. 127. § 661 (Minn.) A foreign corporation does not lose its right to enforce its interstate contract by subsequently engaging in local business without complying with Gen. St. 1913, §§ 6206-6208.-Victor Talking Mach. Co. v. Lucker, 150 N. W. 790. CORRESPONDENCE. See Sales, § 32. COSTS. See Bastards, § 94; Courts, § 107; Divorce, §§ 182, 192. I. NATURE, GROUNDS, AND EXTENT OF RIGHT IN GENERAL. § 32 (Mich.) Under Comp. Laws 1897, §§ 782-789, relating to pleadings and costs in justice's court, defendant, removing cause to circuit court because title was in issue and obtaining a verdict therein, held entitled to costs.Kinne v. Clever, 150 N. W. 327. § 42 (S.D.) A deposit in a bank payable only on conditions held not a compliance with Civ. Code, § 1166, and plaintiff, though he recovered no greater sum, could recover costs.-Smith v. Egan, 150 N. W. 290. Where defendant made a tender with accrued costs, that he specially mentioned sheriff's and clerk's fees did not prevent awarding plaintiff all other accrued costs.-Id. COUNCIL. See Municipal Corporations, § 108 COUNTERCLAIM. See Set-Off and Counterclaim. COUNTIES. 633. Wcial election ordered by the county board and held under a notice complying with Rev. St. 1913, § 956.-Horton v. Howard, 150 N. W. Evidence, in an action to enjoin the registration of certain county bonds, held to sustain a judgment for defendant.-Id. V. CLAIMS AGAINST COUNTY. $198 (Wis.) There is a difference between the liability of a private party for interest as damages for delay in the performance of a contract for the purchase of land and that of a county.Reichert v. Milwaukee County, 150 N. W. 401. A county is not liable for the interest on the purchase price of land pending a taxpayer's suit, where the conveyance was tendered just before the institution of the suit, the probability of which was known to the clerk.-Id. A five months old opinion by the district attorney approving the title to land purchased by the county, accompanying a tender of a deed, does not entitle the purchaser to the issuance of a county order or to interest on the purchase price.-Id. COURTS. See Clerks of Courts; Constitutional Law, § 70; Contempt; Corporations, § 560; Criminal Law, § 1087; Divorce, § 221; Executors and Administrators, § 443; Judges; Justices of the Peace; Mortgages, § 615; Railroads, 111; Removal of Causes; Trusts, § 206. I. NATURE, EXTENT, AND EXERCISE OF JURISDICTION IN GENERAL. 87 (S.D.) An action for redemption by a junior mortgagee by seeking relief against defendant himself is transitory, while an action for a decree affecting any interest in the property is local. Froelich v. Swafford, 150 N. W. 476, 893. § 18 (S.D.) Actions affecting real estate or an interest therein which can be brought in states other than those wherein the property is situate are limited to equitable actions.-Froelich v. Swafford, 150 N. W. 476, 893. Under Code Civ. Proc. § 112, every action affecting real property in the state can be brought See Statutes, § 93; Taxation, § 476; Towns, in the courts of the state and complete relief § 6. II. GOVERNMENT AND OFFICERS. (A) Organization and Powers of Government in General. § 202 (N.D.) Laws 1889, c. 42, § 6, authorizing county treasurers to retain certain commissions, and Laws 1891, c. 53, placing them on a salary basis, are in irreconcilable conflict, and hence the former was impliedly repealed by the latter.-Sargent County v. Cooper, 150 N. W. 878. (C) County Board. given, though defendant is a nonresident.-Id. II. ESTABLISHMENT, ORGANIZATION, AND PROCÉDURE IN GENERAL. (D) Rules of Decision, Adjudications, Opinions, and Records. § 97 (N.D.) The decisions of the U. S. Supreme Court on federal questions are controlling on the state courts.-Bartles Northern Oil Co. v. Jackman, 150 N. W. 576. § 107 (Iowa) Decision that county was not liable for costs in bastardy proceeding held not § 54 (Neb.) That a county commissioner mov-authority for holding complainant liable.-State ed into the district of another commissioner V. Hess, 150 N. W. 609. did not invalidate an order of the county board. -Horton v. Howard, 150 N. W. 633. (D) Officers and Agents. com §702 (N.D.) Under Laws 1893, c. 118, § 43, and acts amendatory thereof, held, that a county treasurer was entitled to retain as pensation commissions earned by him for collecting moneys due the state on school land sales and leases.-Sargent County v. Cooper, 150 N. W. 878. IV. FISCAL MANAGEMENT, PUBLIC DEBT, SECURITIES, AND TAXATION. § 183 (Neb.) That one county commissioner moved into the district of another commissioner held not to invalidate bonds voted at a spe IV. COURTS OF LIMITED OR INFERIOR JURISDICTION. reverse § 185 (Wis.) The circuit court may the judgment of the civil court on the record and dismiss the complaint; it not being required to order a new trial by Civil Court Act, § 28.Pietsch v. McCarthy, 150 N. W. 482. § 189 (Minn.) Actions in municipal courts are within Gen. St. 1913, § 7721, defining the county residence of railroad companies for the purpose of actions against them.-State v. Municipal Court of City of Duluth, 150 N. W. 924. Where the venue in an action brought against a railroad company in municipal court is properly laid under Gen. St. 1913, § 7721, defendant cannot, under section 272, change it to another municipal court in the same county.-Id. VIII. CONCURRENT AND CONFLICT- |(C) Other Offenses, and Character of AcING JURISDICTION, AND COMITY. (B) State Courts and United States Courts. § 489 (S.D.) The liability of the initial or a succeeding carrier under the Carmack Amendment to the Interstate Commerce Act, § 20, may be enforced by a state court.-Elliott v. Chicago, M. & St. P. Ry. Co., 150 N. W. 777. § 489 (Wis.) Interstate Commerce Act, § 9, does not refer to actions under the Carmack amendment for damages to freight or to actions therefor not under the amendment, and these may be brought in state courts.-Bichlmeier v. Minneapolis, St. P. & S. S. M. Ry. Co., 150 N. W. 508. State courts have jurisdiction to enforce federal laws unless directly or by necessary implication withheld.-Id. COVENANTS. See Husband and Wife, § 81; Landlord and Tenant, §§ 103, 105; Limitation of Actions, § 167. CREDIBILITY. See Witnesses, §§ 321-402. CREDITORS. See Husband and Wife, §§ 36, 149. CRIMINAL CONVERSATION. See Husband and Wife, § 334. CRIMINAL LAW. See Arson; Bastards; Burglary; Contempt; Disorderly House; Embezzlement; Fines; Grand Jury; Homicide; Indictment and Information; Libel and Slander, §§ 145, 152; Malicious Mischief; Rape; Robbery; Threats. VII. FORMER JEOPARDY. § 162 (N.D.) Const. U. S. Amend. 5, relative to former jeopardy, applies only to proceedings in federal tribunals.-State v. Barnes, 150 N. W. 557. IX. ARRAIGNMENT AND PLEAS AND NOLLE PROSEQUI OR DISCONTINUANCE. $290 (N.D.) Claim of former jeopardy authorized by Const. § 13, should under Comp. Laws 1913, §§ 10921, 10881, et seq., 10746, 10747, 10769, 10754, 10865, 10889, have been presented by plea.-State v. Barnes, 150 N. W. 557. $291 (N.D.) Failure to interpose plea of prior jeopardy prior to verdict held a waiver of the defense of former jeopardy.-State v. Barnes, 150 N. W. 557. Const. 13, relative to former jeopardy, is not a bar, unless the immunity given is claimed by plea prior to verdict.-Id. $ 304 (S.D.) The court cannot take judicial notice of the color of oleomargarine.-State v. Manley, 150 N. W. 291. (B) Facts in Issue and Relevant to Issues, and Res Gestre. § 366 (Iowa) Where no objection was made to testimony that prosecutrix pointed out her assailant, testimony that the person pointed out was accused, was properly admitted as against the objection that it was not part of the res gestæ.-State v. Woodworth, 150 N. W. 25. cused. § 369 (Minn.) In a prosecution for carnal knowledge on May 20th of a female under 14 evidence of a second offense committed upon the same child on June 2d is admissible.-State v. Roby, 150 N. W. 793. (E) Best and Secondary and Demonstrative Evidence. $ 404 (Iowa) A revolver, cap, and handker chief found in the possession of R., charged with burglary, and another handkerchief found at the foot of the stairs of the house burglarized, held admissible against accused.-State v. Gorman, 150 N. W. 9. $ 404 (Iowa) It is error to receive in evidence clothes removed from the body of deceased, with out proof that they were in substantially the same condition as at the time of the killing.— State v. Kirk, 150 N. W. 91. (F) Admissions, Declarations, and Hearsay. § 415 (Wis.) In a prosecution for murder, evidence of declarations made by decedent to third persons in defendant's absence with reference to his conduct toward her held inadmissible.Runge v. State, 150 N. W. 977. (1) Opinion Evidence. § 452 (Minn.) Permitting jurors, who acted on a former trial, to give opinions based on knowledge acquired by a view, held not error.State v. Ward, 150 N. W. 209. $ 459 (Minn.) In a prosecution for malicious injury to property, permitting qualified witnesses to state their opinion as to whether logs found in defendant's possession came from stumps on the land of the complaining witnesses, held not error.-State v. Ward, 150 N. W. 209. $465 (Neb.) A nonexpert witness may give his opinion on the question of sanity, after stating the facts on which he bases his opinion.-Shellenberger v. State, 150 N. W. 643. § 487 (N.D.) Before medical books can be introduced to refute testimony of a medical expert, the witness' statement must have been called to such books and he must have based his testimony thereon.-State v. Brunette, 150 N. W. 271. § 489 (N.D.) Refusal to permit defendant's counsel on cross-examination to read from a medical work and to ask if he concurs therewith is not error, where the witness has not based his opinion on such work.-State v. Brunette, 150 N. W. 271. Where a witness bases his opinion on medical books, counsel may, on cross-examination, read to him portions of medical books, and ask if he concurs therewith, though he has not referred to any specific book.-Id. reasonable doubt as to any circumstance resolved in favor of defendant requiring an acquittal.-State v. Brazzell, 150 N. W. 683. Where there was no direct evidence, the burden held on the state to produce circumstantial evidence which would convince of defendant's guilt beyond a reasonable doubt.-Id. § 554 (Iowa) Where the corpus delicti has been established, defendant's admission of a fact tending to implicate him will sustain a conviction.-State v. Gorman, 150 N. W. 9. § 572 (Iowa) A defense of alibi was not sustained, where none of the testimony placed accused so far from the scene of the burglary as to preclude the possibility of his having participated therein.-State v. Gorman, 150 N. W. 9. XI. TIME OF TRIAL AND CONTIN- § 576 (Minn.) A motion to dismiss an indictment, because not tried within the time fixed by Rev. Laws 1905, § 4786 (Gen. St. 1913, § 8510), was properly denied; the state showing "good cause to the contrary," within such section, when the motion to dismiss was made.State v. Le Flohic, 150 N. W. 171. XII. TRIAL. § 781 (Neb.) An instruction that defendant's confession, if he made one, "is competent evidence" to prove his connection with the crime, without qualification, held erroneous.-Shellenberger v. State, 150 N. W. 643. $784 (Iowa) Where the evidence was wholly circumstantial, an instruction that guilt might be shown by direct or circumstantial evidence was erroneous in not stating that circumstantial evidence must be inconsistent with any theory of innocence.-State v. Brazzell, 150 N. W. 683. § 785 (Neb.) A cautionary instruction as to the evidence of police officers is proper only when the officer is a witness for the state.-Shellenberger v. State, 150 N. W. 643. $789 (Neb.) Instructions defining reasonable doubt held erroneous.-Shellenberger v. State, 150 N. W. 643. § 814 (Iowa) An instruction that if defendant and another participated in crime, pursuant to a common purpose, each was liable for the acts of the other, was not objectionable as instructther charged nor proved.-State v. Gorman, 150 N. W. 9. (B) Course and Conduct of Trial in Gen-ing on the crime of conspiracy, which was nei eral. § 655 (Minn.) The statement of the court, in response to a request for delay to enable defendant's counsel to find out what defendant knew about the alleged offenses, that he did not think there had been any lack of op portunity to find out, held not an intimation that defendant was guilty.-State v. Roby, 150-State v. Hall, 150 N. W. 97. N. W. 793. 8814 (Iowa) In a prosecution for entering a house in the nighttime with intent to commit adultery, an instruction on abandonment of criminal' intent, is not justified, where there was no evidence of any such intent until accused was struck by the husband with an axe. (C) Reception of Evidence. § 678 (Minn.) Where the evidence showed commission of the offense of carnal knowledge of a female child on May 20th and on June 2d, refusal to require the state to elect until the close of the state's case was not error.-State v. Roby, 150 N. W. 793. § 681 (Iowa) Opinion as to how recently a revolver found by the side of deceased had been fired, should not be admitted on the issue of self-defense, without proof as to the care of the weapon before it was received by the witness.State v. Kirk, 150 N. W. 91. 793. § 706 (Minn.) Error could not be predicated on the alleged repetition of questions which defendant refused to answer because they might incriminate him, where the question related to his conduct at a different place.-State v. Roby, 150 N. W. 793. § 730 (Iowa) Statement by state's attorney that prosecuting witness, who, at the time of the trial, was sick, had been poisoned, without evidence thereof, held cured by the admonition of the court and a written instruction not to consider the same.-State v. Hall, 150 N. W. 97. (F) Province of Court and Jury in Gen eral. § 741 (Minn.) The credibility and weight of the evidence is for the jury.-State v. Le Flohic, 150 N. W. 171. § 742 (Iowa) The credibility of witnesses, and the weight to be given their testimony, is for the jury.-State v. Hall, 150 N. W. 97. § 823 (Iowa) In a prosecution for entering a house in the nighttime with intent to commit adultery, an instruction following the language of the statute is not prejudicial though superfluous, where the other instructions fully cover the law as applied to the issue.-State v. Hall, 150 N. W. 97. § 823 (N.D.) Error in an instruction concerning intent in a prosecution for embezzlement by a bailee in violation of Comp. Laws 1913, § 9934, held cured by specific instructions on intent.-State v. Hoff, 150 N. W. 929. (H) Requests for Instructions. § 824 (Neb.) Failure to instruct on larceny in a prosecution for robbery held not error, in the absence of a request.-Curtis v. State, 150 N. W. 264. In a prosecution for robbery, failure to instruct on the intoxication of accused shown by the evidence held not error, in the absence of a request.-Id. (J) Custody, Conduct, and Deliberations of Jury. § 858 (Iowa) The sending of law books to the jury for their information is error.-State v. Kirk, 150 N. W. 91. XIII. MOTIONS FOR NEW TRIAL $925 (Iowa) A verdict may be impeached by affidavits of facts occurring in the jury room after the submission of the case.-State v. Kirk, 150 N. W. 91. § 9252 (Iowa) Accused held entitled to a new trial because the jury secured possession of a Code and rendered a verdict of guilty of manslaughter with a recommendation of mercy, believing the punishment was fixed by the Code, when, in reality, it was fixed by the indeterminate sentence act.-State v. Kirk, 150 N. W. 91. § 938 (Minn.) The denial of a new trial on the ground of newly discovered evidence held not an abuse of discretion.-State v. Flockey, 150 N. W. 168. $968 (N.D.) Under Comp. Laws 1913, § 10921, former jeopardy cannot be interposed in arrest of judgment.-State v. Barnes, 150 N. W. 557. XV. APPEAL AND ERROR, AND CERTIORARI. $1172 (Iowa) In a prosecution for assault with intent to rape, an instruction as to the punishment for assault with intent to rape, but not of simple assault, was harmless error.State v. Woodworth, 150 N. W. 25. § 1172 (Iowa) Where the evidence would have sustained a conviction of rape, and sustained a conviction of an assault with attempt to rape, submission of the included lower offenses was not prejudicial.-State v. Vochoski, 150 N. W. (A) Form of Remedy, Jurisdiction, and 53. Right of Review. § 1023 (N.D.) An order denying a change of venue, not being within the orders enumerated in Comp. Laws 1913, § 10992, is nonappealable. -State v. Fortune, 150 N. W. 926. (B) Presentation and Reservation in Lower Court of Grounds of Review. $ 1044 (Neb.) Where, after admission, apparently relevant evidence is shown to be irrelevant, accused cannot complain unless he moves to strike same.-Shellenberger v. State, 150 N. W. 643. § 1064 (S.D.) Overruling of a challenge to a juror, not alleged as ground of error in the specifications on motion for a new trial and not contained in the assignments of error, will not be considered on appeal.-State v. Morse, 150 N. W. 293. § 1172 (Wis.) It is immaterial that an instruc tion was somewhat confused in its language, where under the evidence it could not have misled the jury.-Hyde v. State, 150 N. W. 965. (H) Determination and Disposition of Cause. $1181 (Neb.) Where the evidence is certified from the county court to the district court in a bill of exceptions on a petition in error, the Supreme Court will affirm or reverse the judg ment of the district court as the law demands.Cooper v. State, 150 N. W. 207. CROPS. See Landlord and Tenant, §§ 322-326; Vendor and Purchaser, § 194. CROSS-EXAMINATION. (C) Proceedings for Transfer of Cause, See Witnesses, § 268. and Effect Thereof. CUSTODY. $1082 (N.D.) An application for advancement of cause will be denied, where the order from which the appeal was attempted to be taken is See Trial, §§ 304–312. nonappealable.-State v. Fortune, 150 N. W. 926. (D) Record and Proceedings Not in Record. CUSTOMS AND USAGES. § 12 (Minn.) A custom of business houses to take 10 days to investigate the credit of a new §1087 (Iowa) Where the certified transcript customer is not binding on such a customer, in of the record fails to show that a notice of ap- the absence of proof that he knew or was peal was given, the Supreme Court has no ju- chargeable with knowledge of the custom.risdiction, and the appeal will be dismissed.-S. F. Bowser & Co. v. Fountain, 150 N. W. State v. Norman, 150 N. W. 606. 795. § 1119 (Iowa) Where there was no finding as to what was actually said by the prosecutor in argument, and defendant's version of it was denied, and both parties acquiesced in the court's disposition of the dispute, the prosecutor's conduct could not be reviewed.-State v. Vochoski, 150 N. W. 53. (G) Review. § 1141 (Wis.) Presumptions that observations by the jury and judge of accused and prosecuting witness during the trial influenced a conviction approved by the court must be considered in support of the conviction.-Skulhus v. State, 150 N. W. 503. § 1152 (S.D.) The discretion of the court conferred by Code Cr. Proc. § 338, in determining actual bias of a juror, will not be disturbed on appeal unless abused.-State v. Morse, 150 N. W. 293. § 1159 (Neb.) A verdict of guilty on conflicting evidence will not be disturbed unless clearly wrong. Curtis v. State, 150 N. W. 264. § 1160 (Wis.) Whether a female consented or resisted being for the jury, it will take an extreme case to impeach a conviction approved by the trial judge.-Skulhus v. State, 150 N. W. 503. $11662 (S.D.) Failure of the state to answer or except to a challenge to the panel in advance of a ruling of the court held not prejudicial error, where the challenge was bad.State v. Morse, 150 N. W. 293. DAMAGES. See Action, § 53; Appeal and Error, $$ 1004. 1066, 1171; Breach of Marriage Promise, 31; Death, § 95; Eminent Domain, § 102: Exchange of Property, § 13; Highways, $ 120; Injunction, § 14; Landlord and Tenant, § 180; Libel and Slander, §§ 114-121: New Trial, § 143; Nuisance, § 50; Pleading. § 72; Telegraphs and Telephones, §§ 68, 73; Trial, § 207. III. GROUNDS AND SUBJECTS OF COMPENSATORY DAMAGES. (A) Direct or Remote, Contingent, or Prospective, Consequences or Losses. § 54 (Iowa) A petition alleging that defendant came to the house of a married woman and solicited her to commit adultery, and by his conduct and an assault put her in fear, drove her from home, and made her distressed in mind and body, held to state a cause of action. -Johnson v. Hahn, 150 N. W. 6. VI. MEASURE OF DAMAGES. (B) Injuries to Property. § 113 (Minn.) The owner of an animal injur ed may recover its diminished value after partial cure, together with expense of treatment and value of its use while under treatment.-Raski v. Great Northern Ry. Co., 150 N. W. 618. The owner of an injured animal cannot recover expense of treatment in addition to the value of the animal before and immediately aft er the injury.-Id. (C) Breach of Contract. $1170 (Neb.) Where there was evidence of defendant's mental deficiency and the principal evidence against him was his confession, held that the exclusion of evidence of his previous false confession of another murder committed § 120 (Mich.) On contractor's failure to erect by him was ground for reversal.-Shellenberger a house, owner held entitled to damages in the v. State, 150 N. W. 643. difference between the fair market price of the DAMS. DEATH. contract work and the contract price.-Newton VII. INADEQUATE AND EXCESSIVE DAMAGES. § 130 (Neb.) A recovery of $4,000 for injuries, consisting of cuts and bruises not shown to be permanent, held excessive above $2,000.-James v. Hayden Bros., 150 N. W. 1013. § 132 (Iowa) Where plaintiff was seriously and permanently injured, a judgment for $14,000 is not excessive, where plaintiff was earning from $100 to $145 per month before the injury.-Pelton v. Illinois Cent. R. Co., 150 N. W. 236. § 132 (Minn.) A verdict of $2,000 for an injury to a carpenter 35 years of age, resulting in the loss of the little finger of his left hand, at the knuckle joint, and the next finger at the second joint, where he was left-handed, was not excessive.-Puls v. Chicago, B. & Q. R. Co., 150 N. W. 175. § 132 (Minn.) A recovery of $9,000 for permanent injuries to a freight conductor held not excessive.-Peery v. Illinois Cent. R. Co., 150 N. W. 382, 1103. See Evidence, § 59; Master and Servant, §§ 125, 265, 278, 285; Mechanics' Liens, § 178; Municipal Corporations, § 822; Negligence, § 39; Railroads, § 282; Release, § 55; Street Railroads, §§ 113-118. I. EVIDENCE OF DEATH AND OF SURVIVORSHIP. § 2 (Neb.) Unexplained absence of insured for more than seven years held to place on the insurer the burden of showing that he was yet alive.-Rosencrans v. Modern Woodmen of America, 150 N. W. 630. Evidence of 11 years' absence held to warrant a presumption of insured's death.-Id. II. ACTIONS FOR CAUSING DEATH. (A) Right of Action and Defenses. 831 (Minn.) Nonresident aliens are entitled to the benefits of the federal Employers' Liability Act.-Bombolis v. Minneapolis & St. L. R. Co., 150 N. W. 385. (D) Pleading and Evidence. § 58 (Iowa) Where there was no witness to an accident causing death, the presumption is that decedent exercised due care.-Bettinger v. Loring, 150 N. W. 31. § 77 (Iowa) Facts held to justify the assess§ 132 (Minn.) A verdict for $12,000, for injuries to a 17 year old girl's right hand and ment of substantial damages for negligent death. forearm, which not only disfigured, but rendered-Bettinger v. Loring, 150 N. W. 31. them practically useless, sustained.-Graseth v. Northwestern Knitting Co., 150 N. W. 804. § 132 (Minn.) A verdict of $35,000 for injuries to the spinal cord, permanently crippling plaintiff, destroying his earning capacity, and paralyzing him, held excessive above $30,000. -Padrick v. Great Northern Ry. Co., 150 N. W. 807. § 132 (Minn.) A recovery of $11,000 for suffering and loss of usefulness of leg, incapacitat ing plaintiff to resume his former occupation, at which he earned from $60 to $90 per month, held not excessive.-Arveson v. Boston Coal, Dock & Wharf Co., 150 N. W. 810. § 132 (Minn.) A recovery of $9,850 for fracture of a leg and shoulder, where the person injured was 49 years old, earning 25 cents an hour, held excessive above $7,000.-Quinn v. St. Paul Boiler & Mfg. Co., 150 N. W. 919. § 132 (Minn.) A recovery of $30,000 held not excessive, where plaintiff was 26 years old, earning from $105 to $115 a month and the accident necessitated a close amputation of his left leg and caused other grave and permanent injuries.-Otos v. Great Northern Ry. Co., 150 N. W. 922. § 132 (Neb.) A recovery of $5.026 for permanent injury to an arm and consequential loss of time and expenses to a teamster 24 years old held not excessive.-Krum v. Sullivan & Schaberg Transfer & Fuel Co., 150 N. W. 640. § 132 (Wis.) A verdict for $10,000 damages for loss of a foot held not so excessive as to require a reversal without argument by appellant, under St. 1913, § 2405m.-Graber Duluth, S. S. & A. Ry. Co., 150 N. W. 489. V. § 208 (Iowa) The question whether exemplary damages should be assessed is always for the jury, though the defendant acted maliciously.Chadima v. Kovar, 150 N. W. 691. § 77 (Minn.) Evidence, in an action under the federal Employers' Liability Act, held to sustain a finding that the parents of the deceased employé, 23 years old at the time of death, suffered a pecuniary loss of $2,000.-Lundeen V. Great Northern Ry. Co., 150 N. W. 1088. (E) Damages, Forfeiture, or Fine. § 95 (Wis.) In an action for wrongful death, the measure of damages is that sum which will purchase an annuity equal to the portion of deceased's earnings which would reach the beneficiary, during the period of the expectancy of life of deceased.-Secord v. John Schroeder Lumber Co., 150 N. W. 971. $99 (Neb.) A verdict of $10,000 for the death of a married woman 52 years old held not so excessive as to justify setting aside as the result of passion or prejudice.-Craig v. Chicago, St. P., M. & O. Ry. Co., 150 N. W. 648. § 99 (Wis.) A judgment for $5,500 damages to a wife for the death of her husband, who was 62 years old and earning at the time about $727 a year, is excessive.-Secord v. John Schroeder Lumber Co., 150 N. W. 971. § 99 (Wis.) Verdict for the death of a husband, a common laborer 59 years old and earning $400 a year, of $4,625, held excessive and reduced to $3,000.-Gillett v. Flanner-Steger Land & Lumber Co., 150 N. W. 987. (F) Trial, Judgment, and Review. § 104 (Iowa) An instruction held not to correctly inform the jury of the rebuttable presumption that one killed in an accident was exercising due care in getting into the situation in which he was killed.-Merchants' Transfer & Storage Co. v. Chicago, R. I. & P. Ry. Co., 150 N. W. 720. DEBTOR AND CREDITOR. See Bankruptcy; Guaranty, § 56; Husband and Wife, § 36. See Fraud. DECEIT. |