against the corporation; Laborers cannot enforce liens for unpaid checks delivered to and held by bona fide holders.

Gates & Co. v. Nat. Fair & Exposition Assn., 142, 147.

LABOR LAW.

Provision that every vat and pan, the opening of which is below level of elbow of workman, shall be protected; Such provision not applicable to a shallow trough set in ground and used for cooling red hot tires in a wagonmaker's shop.

Levberg v. Schumacher, 167, 169.

GAS COMPANIES.

Public service commission; South Glens Falls (village of);
Contract of gas company to furnish gas to inhabitants
of municipality at fixed rate for term of years;
Increase of such rates by company on the ground that
they have become insufficient and confiscatory
owing to increased cost of production; Public service
commission cannot regulate such rates.
(Dis. op.)

People ex rel. Vil. of S. Glens Falls v. P. S. Comm., 216, 229.

PARENT AND CHILD.

Public Health Law; Sale of heroin to infant in violation of
statute; When mother dependent upon earnings of
minor son can maintain action against druggists
who sold heroin to him whereby his health was
ruined and his services lost; Compensatory damages,
only, can be recovered; Punitive damages not
allowed in common-law action by third person.
Tidd v. Skinner, 422, 424.

STREET RAILWAYS.

Negligence; Horses attached to truck transporting pile driver through street, killed by electricity passing from trolley wires through truck; Whether railroad company was negligent in failing to raise wires to prevent accident question of law for the court. (Dis. op.)

Chase Trucking Co. v. Richmond L. & R. R. Co., 435, 441.

CARRIERS.
Effect of provisions of statute (Public Service Commissions

Law, Cons. Laws, ch. 48) relating to charges of
common carriers; Effect of ruling of commission that

charges were excessive and that shipper was entitled to recover them; Such charges may be recovered in common-law action on ruling of commission. (Dis. op.)

Murphy v. N. Y. C. R. R. Co., 548, 559.

PUBLIC SCHOOLS.

Constitutional law; Dissolution and consolidation of school districts; Powers of district superintendent in such matters under the statute (Education Law, Cons. Laws, ch. 16, § 129); Provision of statute permitting appeals to state commissioner of education constitutional and valid and his decision on appeal from an order of consolidation not open to review in the courts.

Bullock v. Cooley, 566, 569.

PLEADING.

Statement of foreign law set forth as a defense in an action; When question of fact which may be admitted by demurrer; When statement of statutes and decision of foreign state presents question of law for the court.

Purpose and scope of section 381 of Election Law; Ordinary writ of mandamus authorized thereby; When affidavit insufficient to warrant issuance of writ; Court cannot, under section 381 of Election Law, direct production of protested, void or blank ballots; Appellate Division cannot, under section 381, order judicial review of ballots cast; Order of Appellate Division modifying order is appealable of right to Court of Appeals.

DEATH.

Matter of Whitman (No. 1), 1, 3.

Insurance (life); Presumption of death arising from continuous absence of seven years; General rule and application thereof; Evidence required to establish such presumption.

Butler v. Mutual Life Ins. Co., 197, 199.

CRIMES. Appeal; Order of Appellate Division reversing a judgment of conviction and ordering a new trial for errors of law only;" Such order cannot be reviewed in Court of Appeals; Order should show that decision was upon weight of evidence. People v. Redmond, 206, 208.

CONTRACT.

Execution of written contract purporting to be same as oral contract previously agreed upon by parties but guaranty of which was omitted in written contract; Party induced to sign such contract by false statements of contents thereof by other party; Action for breach of warranty of oral contract; When such action can be maintained and damages recovered. Whipple v. Brown Brothers Co., 237, 239.

CRIMES.

Appeal; Non-unanimous decision of Appellate Division affirming a judgment of conviction; Court of Appeals must examine record to ascertain whether there is evidence tending to support verdict of guilty; Evidence; Erroneous reason for receiving competent and admissible evidence not sufficient ground for reversal of judgment; When statements made by witness admissible as explanatory of the conduct and acts of the witness.

People v. De Simone, 261, 263.

LABOR LAW.

Provision requiring machines used in factories to be
guarded; Construction and application of such
provision; Employer not liable for injury from
unguarded machine if there is no practicable guard
obtainable; Evidence examined and held insufficient
to sustain verdict against employer.
Michalski v. American M. & F. Co., 294, 295.

HABEAS CORPUS.

Constitutional law; Special proceedings; Writ to inquire into the detention of one imprisoned, or held in custody, for a crime, is a civil, not a criminal, process, a special proceeding to enforce a civil right; Appeal from order dismissing a writ not appealable as involving a constitutional question.

People ex rel. Curtis v. Kidney, 299, 300.

PRACTICE.

Amendments; Judgments; Costs; Clerical errors

or

omissions in judgments or mistakes in entry thereof may be corrected; Court may not by amendment correct errors in substance affecting a judgment; To withhold or award costs is a substantive part of a judgment in equity.

Herpe v. Herpe, 323, .325.

CARRIERS.

Common-law rule that charges of carrier shall be reasonable; Effect of provisions of statute (Public Service Commissions Law, Cons. Laws, ch. 48) relating to charges of common carriers; Effect of ruling of commission that charges were excessive and that shipper was entitled to recover them; Such charges cannot be recovered in common-law action on ruling of commission if paid without objection or protest.

Murphy v. N. Y. C. R. R. Co., 548, 550.

ATTORNEYS.

Compensation on appeal from judgment of death..
People v. Chapman, 700, 701.

WARRANTY.

CUDDEBACK, J.

When error to exclude evidence tending to show breach of warranty.

Putnam v. Interior Metal Mfg. Co., 37, 38.

LIEN LAW.

Contract for furnishing and equipping locker rooms in State Capitol; Assignment of such contract to bank as security for loan; State architect proper officer with whom to file assignment; Trustees of public buildings must consent to such assignment; If such consent be not obtained before assignment is filed, the assignment cannot be enforced as against a subsequent mechanic's lien against contractor; Appeal; Question of irregularity of plaintiff's lien not having been considered by Appellate Division, such question cannot be reviewed in Court of Appeals. Gen. Fireproofing Co. v. Keepsdry Const. Co., 180, 183.

CONTRACT.

Village officers; When attorney employed by village at annual salary an employee of the village and not a public officer thereof; When entitled to compensation although all officers of village discharged when it became incorporated as a city.

Fisher v. City of Mechanicville, 210, 213.

INSURANCE (ACCIDENT).

Application of Insurance Law (Cons. Laws, ch. 28, § 107, as amd. by L. 1913, ch. 155, and § 58, as amd. by L. 1906, ch. 326).

Baumann v. Preferred Accident Ins. Co., 480, 483.

REPLEVIN.

Contract; When action will lie to recover from owner possession of chartered scow.

Brooklyn Ash Removal Co. v. Connell, 503, 504.

HOGAN, J.

MUNICIPAL CORPORATIONS.

Auburn (city of); Negligence; Sidewalks; Liability of property owner for failure to keep sidewalk in repair as required by charter of city; Party injured by defective sidewalk may bring suit directly against negligent owner.

Willis v. Parker, 159, 161.

PLEADING.

Assignment of interest in estate; Delivery to executor in
escrow; Complaint alleging that executor wrongfully
filed such assignment states cause of action: When
failure of assignor to raise question upon judicial
settlement a bar to the action; Demurrers to such
defense and to counterclaims when overruled;
Plaintiff permitted to withdraw demurrers.
Hull v. Hull, 342, 346.

TAX LAW.

Transfer tax is a lien upon appraised value of each interest bequeathed, not upon gross amount of several bequests to any one individual; Devise of real estate not subject to lien for transfer tax upon bequest of personal property to devisee.

Smith v. Browning, 358, 360.