943 CHICAGO ETC. R. R. CO. v. ZERNECKE. 183 U. S. 582-588

having interest in property, not made party by name and not served with process, nor does fact that defendants were inhabitants of town make decree binding upon town; Priest v. Board of Trustees of Las Vegas, 16 N. M. 699, 120 Pac. 897, decree in suit to quiet title against owner and unknown claimant is not binding upon town not served with process.

Judicial notice of geographical facts. Note, 12 Ann. Cas. 937.

Miscellaneous. Cited in Lane v. Watts, 234 U. S. 526, 58 L. Ed. 1457, 34 Sup. Ct. 965, reciting history of litigation.

183 U. S. 582-588, 46 L. Ed. 339, 22 Sup. Ct. 229, CHICAGO, R. I. & P. R. R. CO. v. ZERNECKE.

Domestic corporation accepted with its incorporation liability imposed by State laws.

Approved in Lewis v. Northern Pac. Ry. Co., 36 Mont. 218, 92 Pac. 473, upholding law of 1903, making railway liable for injury to employee caused by negligence of other employees; Ives v. South Buffalo Ry. Co., 201 N. Y. 310, 320, Ann. Cas. 1912B, 156, 34 L. R. A. (N. S.) 162, 94 N. E. 445, 449, 1 N. C. C. A. 547, Workmen's Compensation Act imposing liabilities for injuries to workmen independent of fault or negligence of employer is void as deprivation of property without due process; State v. Portland General Elec. Co., 52 Or. 526, 530, 95 Pac. 731, 732, holding corporation purchasing property and franchises of another corporation is not entitled to question validity of act under which predecessor accepted benefits for several years; State ex rel. Davis-Smith Co. v. Clausen, 65 Wash. 182, 37 L. R. A. (N. S.) 466, 117 Pac. 1108, 2 N. C. C. A. 823, 3 N. C. C. A. 615, upholding industrial insurance law of 1911.

Distinguished in dissenting opinion in Western Indemnity Co. v. Pillsbury, 170 Cal. 714, 151 Pac. 410, 10 N. C. C. A. 38, majority upholding Workmen's Compensation Act of 1913.

Law applicable to common carriers should not be applied to living men. Approved in Elder Dempster Shipping Co. v. Pouppirt, 125 Fed. 736, 60 C. C. A. 500, holding steamship company not liable for injury to passenger from being struck by plank thrown overboard, where cause of injury was plaintiff's presence in dangerous place.

Section 3 of Nebraska Railroad Incorporation Act of 1867 renders railway liable unless passenger at fault.

Approved in Chicago etc. R. R. Co. v. Wolfe, 187 U. S. 638, 47 L. Ed. 344, 23 Sup. Ct. 847, reaffirming rule; Chicago etc. R. R. Co. v. Eaton, 183 U. S. 589, 590, 46 L. Ed. 342, 22 Sup. Ct. 229, holding railroad liable to administrator for death of passenger caused by derailment of train. Constitutionality of statute imposing liability for injury to servant, irrespective of negligence. Note, 34 L. R. A. (N. S.) 164. Constitutionality of Workmen's Compensation Acts. Note, 1 N. C. O.

A. 731.

183 U. S. 589–590, 46 L. Ed. 341, 22 Sup. Ct. 228, CHICAGO, R. I. & P. R. R. CO. v. EATON.

Not cited.

183 U. S. 591-601, 46 L. Ed. 342, 22 Sup. Ct. 87, UNITED STATES REPAIR & G. CO. v. ASSYRIAN ASPHALT CO.

Perkins patent No. 501,537, for improved method of repairing asphalt pavements, held anticipated.

Approved in XXth Century Heating ete. Co. v. Taplin etc. Co., 181 Fed. 101, 104 C. C. A. 156, construing Maag patent for furnace grate and holding it not infringed; Engel v. Sinclair, 34 App. D. C. 216, patentee of water-tube boiler is estopped to claim benefit of rejected claim. Distinguished in Wheeler v. James, 189 Fed. 902, claims 1, 2 and 3 of Schebler patent for carbureter are invalid as broader than actual invention disclosed by specifications and drawings.

Court cannot change scope of patent.

Approved in Universal Brush Co. v. Sonn, 146 Fed. 520, Morrison patent No. 717,014, claim 1, for method of making brushes, infringed by Sonn patent No. 790,510.

183 U. S. 602–619, 46 L. Ed. 347, 22 Sup. Ct. 261, MIDWAY CO. v. EATON (No. 1).

Power of attorney to locate Sioux half-breed scrip and to sell lands located do not amount to assignment in violation of act of Congress of 1854. Approved in Utah Power etc. Co. v. United States, 230 Fed. 333, act of 1898 providing that rights of way acquired by navigation companies over public lands under act of 1891 may be used for water transportation for development of power subsidiary to purpose of navigation did not supersede act of 1896, requiring consent of Secretary of Interior to acquisition of rights of way through forest reservations by power companies; Clark v. Welch, 154 Mich. 543, 118 N. W. 139, where right to locate public land under additional homestead scrip has been transferred for value, giving to transferee power to make transfer effectual is not revocable; Buffalo Land & Exploration Co. v. Strong, 91 Minn. 85, 97 N. W. 575, two powers of attorney, one to locate Sioux half-breed scrip, other to convey land, did not constitute assignment of scrip; Heerman v. Rolfe, 27 N. D. 55, 56, 57, 145 N. W. 605, 606, power of attorney given by holder of scrip for Indian lands authorizing another person to make location was not illegal assignment in contravention of act of Congress.

Building caused to be erected by attorney of half-breed scripholder under act of 1854 is sufficient.

Approved in Midway Co. v. Eaton, 183 U. S. 620, 46 L. Ed. 358, 22 Sup. Ct. 268, affirming rule; Midway Co. v. Eaton, 127 Fed. 1021, 61 C. C. A. 680, upholding locations of half-breed scrip made under act of July 17, 1854.

945

NOTES ON U. S. REPORTS.

183 U. S. 619-631

Miscellaneous. Cited in Strong v. Buffalo Land etc. Co., 203 U. S. 582, 51 L. Ed. 327, 27 Sup. Ct. 780.

183 U. S. 619-620, 46 L. Ed. 357, 22 Sup. Ct. 268, MIDWAY CO. v. EATON (No. 2).

Not cited.

183 U. S. 621–631, 46 L. Ed. 358, 22 Sup. Ct. 253, TEXAS & PACIFIC RY. CO. v. REISS.

Property unloaded by carrier without giving notice to connecting carrier does not await further conveyance,

Approved in United States v. Union Pac. R. Co., 213 Fed. 334, 130 C. C. A. 34, initial carrier is liable for penalty imposed by twenty-eight hour law of 1906 for failure of terminal company, employed by it, to unload stock within time required; Pittsburg etc. Ry. Co. v. Mitchell, 175 Ind. 206, 91 N. E. 739, under contract by initial carrier to carry freight to its destination or to deliver to connecting carrier liability of initial carrier continues through whole transit, and connecting carriers are its agents.

Delivery of cotton on company's own pier is no delivery to connecting

carrier.

Distinguished in Marande v. Texas & Pac. R. R. Co., 184 U. S. 175, 46 L. Ed. 490, 22 Sup. Ct. 341, holding delivery of cotton at carrier's terminal wharf at West Wego no deviation from route of shipment from Texas to New Orleans.

Delivery to connecting carrier ends liability.

Approved in Texas & P. Ry. Co. v. Coutourie, 135 Fed. 466, 68 C. C. A. 177, holding carrier liable for loss of cotton due to negligence of carrier's servants in piling cotton over fire apparatus so it could not be used.

Bill of lading should be construed most strongly against carrier. Approved in Northern Pacific Ry. Co. v. Wall, 241 U. S. 96, 60 L. Ed. 909, 36 Sup. Ct. 493, construing stipulation for notice in bill of lading for interstate shipment in light of Carmack Amendment to mean that notice to connecting carrier at destination would be notice to initial carrier, and denying recovery for failure to give notice; Royal Ins. Co. v. Martin, 192 U. S. 162, 48 L. Ed. 385, 24 Sup. Ct. 251, holding stipulation against risk in case of riot meant relief from liability only in case riot caused or was connected with loss; Mt. Vernon Refrigerating Co. v. Fred W. Wolf Co., 188 Fed. 168, 110 C. C. A. 200, construing contract for sale of ice plant proposed by vendor and accepted by vendee and holding substitution of other claims than those called for justified vendee in rejecting plant; Christian v. First Nat. Bank of Deadwood, 155 Fed. 709, 84 C. C. A. 53, where three certificates of stock were indorsed in blank and deposited by co-owners in bank under option contract of sale and XVIII-60

purchaser defaulted, bank is under no duty to distribute stock among co-owners, and refusal to do so on demand of one co-owner is not conversion of his interest in stock; Parker v. Atlantic & Pacific R. R. Co., 133 N. C. 342, 63 L. R. A. 827, 45 S. E. 660, holding void, for want of consideration, stipulation in bill of lading, "subject to delay"; Gillilan & Gaffney v. Southern Ry. Co., 85 S. C. 34, 137 Am. St. Rep. 861, 27 L. R. A. (N. S.) 1106, 67 S. E. 23, stipulations for exemption from liability are to be construed strictly against carrier; dissenting opinion in Atlas Reduction Co. v. New Zealand Ins. Co., 138 Fed. 512, 9 L. R. A. (N. S.) 433, 71 C. C. A. 21, majority holding provision that policy shall be void when property is encumbered not waived by showing insurer's agent had knowledge of encumbrance.

Validity and effect of stipulation limiting liability of carrier of goods for loss by fire. Note, 20 Ann. Cas. 235.

183 U. S. 632-642, 46 L. Ed. 362, 22 Sup. Ct. 257, TEXAS & PACIFIC RY. CO. v. CALLENDER.

Delivery to connecting carrier ends liability.

Approved in Texas & P. Ry. Co. v. Coptourie, 135 Fed. 466, 68 C. C. A. 177, holding carrier liable for loss of cotton due to negligence of carrier's servants in piling cotton on dock.

Delivery of cotton at carrier's own pier is not delivery to connecting

carrier.

Distinguished in Marande v. Texas & Pac. R. R. Co., 184 U. S. 175, 46 L. Ed. 490, 22 Sup. Ct. 341, holding delivery of cotton at terminal wharf at West Wego is no deviation from route of shipment from Texas to New Orleans.

Validity and effect of stipulation limiting liability of carrier of goods for loss by fire. Note, 20 Ann. Cas. 236.

183 U. S. 642–674, 46 L. Ed. 366, 22 Sup. Ct. 240, SUN PRINTING & PUB. ASSN. v. MOORE.

Where principal is disclosed, agent cannot be held unless he so agreed. Approved in Hicks v. Kenan, 139 N. C. 344, 51 S. E. 943, defendant not liable on an agreement signed "K, representing A," being party in interest.

Distinguished in General Electric Co. v. Gill, 127 Fed. 243, holding defendant personally liable on proposal accepted, "G. & Co. by S. S. G., President," with "President" erased.

fault.

Liability of one signing contract in representative capacity. Note, 42 L. R. A. (N. S.) 7, 36.

Bailee is not responsible for return of thing hired when lost without his

Approved in McCormick v. Shippy, 124 Fed. 51, 59 C. C. A. 568 (affirming 119 Fed. 229), holding clause relieving charterer from liability from

947

SUN PRINTING ETC. ASSN. v. MOORE. 183 U. S. 642–674

loss of yacht includes loss by negligence, since he is not liable unless negligent; W. H. Beard Dredging Co. v. Hughes, 113 Fed. 682, holding there can be no recovery from charterer of vessel for injury thereto, in absence of proof of manner in which injury was received.

Liability of bailee under special contract provisions for care or return. Note, L. R. A. 1915B, 301.

Managing editor of newspaper is general officer with power prima facie to do act trustees may authorize or ratify.

Approved in Cincinnati etc. Ry. Co. v. Rankin, 241 U. S. 327, 60 L. Ed. 1026, 36 Sup. Ct. 555, limitation of liability in bill of lading for interstate shipment containing recital that shipper had choice of rates is prima facie valid; Jenkins S. S. Co. v. Preston, 186 Fed. 611, 108 C. C. A. 473, general manager of steamship company has prima facie authority to make contract for employment of master for two seasons, and contract cannot be repudiated after master has served one season without objection; In re Cincinnati Iron Store Co., 167 Fed. 488, 93 C. C. A. 122, assignments of payments to become due on contract to build bridge by president of bridge company to bank as security for money borrowed are valid as against corporation and its trustees in bankruptcy; Adam v. New England Inv. Co., 33 R. I. 205, 80 Atl. 430, where president and general manager of corporation purchased stock of another corporation and delivered stock of their corporation to seller, with agreement to repurchase, corporation retaining benefits and partially acting on agreement to repurchase could not disaffirm contract.

Distinguished in In re Jefferson Casket Co., 182 Fed. 693, president of New York corporation has no power to execute assignment of corporation's property for benefit of creditors without corporate action by directors.

Implied or presumed authority of a superintendent of a department to contract as to matters relating to his department. Note, 38 L. R. A. (N. S.) 1135, 1136.

Absolute obligation to return yacht is imposed upon charterer by charter-party providing for its return in as good condition as at start.

Approved in Carnegie Steel Co. v. United States, 240 U. S. 164, 165, 60 L. Ed. 579, 36 Sup. Ct. 344, delay in performance of contract to manufacture eighteen-inch face-hardened armor plate for government caused by ignorance of necessary scientific process, is not due to "unavoidable cause" within meaning of provision of contract allowing credit, in computing liquidated damages, for such delays; Hahlo v. Benedict, 216 Fed. 305, 132 C. C. A. 447, charterer is liable for stranding of yacht, due to fault of captain who under charter was servant of charterer; Baltimore etc. Barge Co. v. Eastern Coal Co., 195 Fed. 484, 115 C. C. A. 393, holding tug liable for loss of barge and cargo of coal by parting of old hawser, where charter of barge to tug required barge to be provided with hawser and there was new hawser on board.