3G
The Green Bag
peril. And since the earthquake was one of 'he perils especially excepted, the loss here, which would not have occurred but for that peril, was thereby excepted on the strength of the code provision. Such was the view of one of the lower courts as expressed in its charge to the jury in Henry Hilp Co. v. Williamsburgh City Insurance Co., 157 Fed. 285. The decision probably reflects the popular feeling that the conflagration losses were within the intent of the insurance contracts and must be paid by the insurance companies regardless oi policy conditions or code sec tions that were made to cover very different situations, but which seem sufficiently broad in form to cover this unforeseen catastrophe. F. T. C.
man confined in the booth for a short time would become unconscious through lack of air. In Georgetown Water, Gas, Electric Power Co. v. Forwood, 113 S. W. Rep. 112, the Court of Appeals of Kentucky held that a telephone so constructed that the door cannot be opened from the inside is not a reasonably safe appliance for the use of a ser vant, and rendered the master liable for injuries sustained while escaping therefrom. MUNICIPAL CORPORATIONS. (Revoca tion of permit by city.) Ill.—An ordinance of Chicago prohibits the use of the space under the roadway of any street or public ground. Appellee in the case of Burton v. City of Chicago, 86 N. E. Rep. 93, had secured from the commissioner of public works a permit to use the space under an alley, and had in curred expense in the making of plans and purchase of material for a building to be erected, a vault of which was to occupy the underground space. The Supreme Court of Illinois held that an alley was a roadway within the ordinance, and that appellee should have known that the commissioner had no right to issue such a permit, and, notwith standing the fact that appellee had incurred expense by relying on the permit, the city was not estopped to revoke it.
MANDAMUS. (To compel registration of osteopath sb physician.) Ot. App. N. Y.—The statute of New York makes doctors of oste opathy physicians. The Sanitary Code re quires every physician in the City of New York to register his name with the depart ment of health. Unless one were so regis tered any patient dying while attended by him would be subjected to a coroner's inquest in order that a burial permit might be ob tained. The respondent in Bandel v. De partment of Health, 85 N. E. Rep. 1067, appreciating the disadvantage under which TAXATION. (Privilege taxes on labor.) an osteopath not registered as a physician Miss.—The Mississippi code provides a privi was placed, owing to the fact that few people lege tax on each individual, firm or corpora would employ one whose services would be tion doing a plumbing business in muni followed by the unpleasant inquest of a cipalities of a certain population. Wilby, a coroner in the event of the patient's death, plumber performing his own labor, hiring no applied for registration, which was refused. assistants, did plumbing work for a barber. The Court of Appeals of New York held that While so engaged, the sheriff demanded of he was entitled to registration, which might him a privilege tax. On his refusal to pay, be compelled by mandamus. he was indicted for carrying on a plumbing MASTER AND SERVANT. (Liability of business without paying the tax. In Wilby v. State, 47 So. Rep. 465, the Supreme Court of master for injuries sustained through knob- Mississippi in unmistakably hostile terms cen less doors.) Ot. App. Ky.—It was the duty sured legislation the purpose of which was of a bookkeeper to switch a telephone connec to promote monopolies and deny the con tion from the office to the engine-room before stitutional right of citizens to follow any he departed. The 'phone in the machinery ordinary calling untrammeled, and held that a room was in a booth, the handle to the lock man earning his living by bis brawn and of which was missing. One evening, after muscle, by the sweat of his own brow, by answering the 'phone in this booth, he dis doing plumbing work, was not engaged covered that he was unable to get out. His plumbing business within the statute. in the efforts to attract attention failed. Finally WATERS AND WATER COURSES. (In he pushed the booth from the wall and made his exit at the back. In his exertions his tentional explosion of boiler.) Ot. App. Oal.— left forefinger was hurt, and caused him much A laundry was in the habit of wrongfully suffering thereafter and never became normal using the pipe of a water company to relieve again. The evidence tended to show that a its boiler of excessive pressure. The water
