j Purdue sity-:
VOL. LXII
INDIANAPOLIS, FEBRUARY 23, 1907.
NO. 8
Points of  Law  of  Interest to
Farmers.
By Judge J. W. Thompson.
of the chauffeur in turning his automobile
to the left instead of to the right, as required by the statute, in failing to discover the vehicle, and in driving the automobile at a dangerous rate of speed,    was
cure and warning as persons crossing on •
public crossing, and the railroad com
pally was liable for an injury to him oc
casioned by its negligence. Davis v.
Louisville, (Ky.) 97 S.  W.  1122.
—A purchaser of an interest in lands
who receives same time a tax lien, may
enforce it against the other co-tenant.
Hatfield v. Mahoney, (Ind.) 79 N. E. 408.
—©ne corporation cannot purehase a
majority of the shares of stock of another
corporation for the purpose of controlling
the latter, if the tendency is to restrain
competition, though a complete monopoly
would not result. Dunbar v. American
Tel. etc. Co., (111.) 79 N. E. 423.
—A common carrier may provide by
contract that the shipper in case of loss or
damage shall present a verified claim for
damages in writing, within a specified
time, and on failure to do so the carrier
shall not be liable, provided the time
within which such claim shall be presented is not unreasonable. Pennsylvania
Co. v. Shearer, (Ohio) 79 N. E. 431.
—In order to enforce a mechanics' lien
for improvements made on real estate, the
contract for material furnished must have
been made with the owner of the land or
his agent; anal unless the person against
whom the claim is made has some estate or interest in the land on which the
claim is made, no lien attaches either to
the land > or the improvement. Eccles
Lumber Co. v. Martin, (Utah) 87 Pac.
713.
—A lease of oil and gas is not void because it provides that at the end of five
years the lessee shall have the option to
keep the lease in force by them doing
some act which at the date of the lease
he was unable to perform. Ringle v.
Quigg, (Kans.) 87 Pac. 724.
—A provision* in a contract for shipping
live stock to the effect that notice in
writing of the shipper's claim for damages should be a condition precedent to a
right to recover for any loss or injury
to the stock during transportation, was
held not to cover such damages as the
lops of market or other losses occasioned
by the carrier's negligent delay and which
arose after the transportation had ended.
—Cornelious v. Atchison &c. R. Co.,
(Kans.) 87 Pac. 751.
—In an action against a railroad company to recover for loss from a decline in
the market price occasioned by the negligent delay in the shipment of cattle, the
measure of damages is the loss sustained
by the decline of the market at the place
where the cattle were delivered. Missouri &c. E. Co. v. Fry, (Kans.) 87 Pac.
754.
A person having a lien on cattle for pasturing them waived his lien by suing for
the amount of the debt, and causing the
attachment to be levied upon the property. Crimson v. Barse Live Stock Co.,
(Okla.) 87  Pac.  876.
—Where the howling and barking of
dogs at night were such as to cause the
persons living in adjoining property great
and continued annoyance so that their rest
was broken, their sleep interrupted and
they were seriously disturbed in the reasonable enjoyment of their home, it was
held to constitute such a nuisance as
equity would enjoin. Herring v. Wilton
(Va.) 55 S. E. 546.
—It is the duty of the driver of an automobile in a public highway to keep a
vigilant watch ahead for vehicles and
pedestrians, and at the first apearance
of danger, to take proper steps to avert
it,   and   the   question   of   the   negligence
Barn and Driveway am Samuel Nut i's Farm.
for the jury to determine, and when determined by the jury the court will not
disturb it.. McFcru v. Gardner, t.Maa.t
97 S. W. 972.
—A stipulation in n contract of shipment, that, in case of injury to cattle
shipped, their value at the place of shipment in case of total loss should caaiisti-
tute the measure of damages, and, in case
of partial loss, in the proportions, being
valid under the laws of oue state could be
enforced in another state. St. Louis See.
Ii. Co. v. Hainbrick, (T ex.) 97 S. W.
1U7J.
—A conveyance by aged parents of
their farm to a son in consideration that
he would support them for life, was rescinded on his failure to substantially per-
faarm the agreement.—Alvey v. Alvey,
(Ky.)  S.  W.  1106.
—In Kentucky it was decided that tie
owner of an automobile, driving it at a
bigb rate aif speed slang a highway was
liable to a person injured, caused by the
fright of his horse at such automobile.
Weiskopf v.  Hitter, (Ky.) 97 S.  \V.  1120.
—A person, crossing a railroad track on
a path used by many persons for yenrs.
but not a public highway, wns not a
trespasser and  was entitled  to the same
The Auto Must be Restrained.
Editor.   Indian.*   Farmer:
I s«ee in your issue of Jan. 26th an article entitled The Autaa Again, in which a
subscriber says that the feeling among
the fanners in this section can not be un-
derstaaod nor believed regarding the automobile, anal that they are waiting to see
what relief the legislature will give them
from tin* dangers of this dreaded monster.
Now why du they not tell the legislature
thro the medium of your valuable paper
what laws they want. Josh Perkin's law-
will uot do, and as to paying road taxes
perhaps they pay as much road tax as
he does, nml ns to watchmen we have thi'
road supervisor who should have police
power to arrest any one violating any law
iu regard to driving on the highway. The
shotgun will not do, as the auto man
might have a Winchester; then what''
Tin' nuto hns come to stay and can not
be shut off the highways they will have to
he governed by laws the same as other
vehicles. The speed limit of nn auto or
Other vehicle, not to exceed 15 miles nn
hour and slow down to six miles an hour
at all short curves or turns in the roads,
where the road can not be seen to be clear
it least 200 yards, and not to exceed 10
uiles  at any such curve or turn in  the
■oad or at any road crossing, and not to
•\ceed 6 miles an hour when* meeting oi
anssing any other auto or other vehicle,
lorses, cattle, hogs or sheep led or driven
an   the  road;   keeping  to  the  right  hand
■side nnd giving nt least 1 foot more than
ane half    of the road    bed, and    if such
horses,   cattle, hogs or sheep shall become
frightened,   or  unmanageable,   they   shall
,'ome to a full stop at least 150 feet from
jume making as little noise    as possible,
intil they can be passed in safety,  keeping the  auto or other vehicle under full
ccntrol  on  all  steep declivites  or dangerous places.        All autos or other vehiclea
whose   maximum   speed   shall   exceed   10
miles an hour, shall show in plain view on
the front and  rear end of such auto or
other vehicle,    in white figures on black
■)f not less than five inches the number of
suali auto or other vehicle; paying a register fee of $5 to the county clerk ot the
county in which such auto or other vehicle is registered each year,    to be turned
over to the road tax and for enforcing the
road laws.        Any chaffeur or driver violating any  of the provisions of the rond
law  sball  pay  a  fine of 500,  and  be  imprisoned for not more than five days and
the   auto   or   other   vehicle   held   for   nny
damages until  payed. I  believe in  ten
years there will lae as many motor wagons
as horses, and tbat the cost will be about
the same.
Salaries are high enough, when plenty
of good men want the office at the present price, in looking over the report of a
township trustee for 1906 I find tbis:
(>n account of one year salary, $350. balance year's salary $170, as the trustee
runs a st'are and allows $2 per month for
office rent, making $544. I think the office pays well at the present salary. And
how abont the teachers at $2.25 to $2.50
fret dny for six hours, for teaching from
10 tia 15 scholars, between the ages of
(! anal 16 (all the rest are transferrerd to
tla* high school at the expense of the tax
payer.) That is more than I am making
on my farm of 100 acres at the present
time. Our legislature had better let
salaries alone unless they reduce them to
something near what the farmers are
making by working 12 or 14 hours a day.
I know of farm hands that are working
fiom ten to twelve hours per day for $1
a day, and supporting their families of
three or four children. While the poor
school teacher can not live on $2.50: but
they are so anxious for the job that they
are willing to engage a year ahea<l for
fear they will not get a school.
Dearborn Co. Farmer.
SOUTHWEST  TEXAS.
Editors Indiana  Farm-w:
We are away down here in Southwest
Texas, where the woodland has been fragrant with the bloom of small bushes, foi
the past three weeks, and the busy bee
is gathering honey and butterflies are
fliting through the nir. We still welcome the dear old Farmer; it is like the
visit of a friend and as my time is up I
hereby renew my subscription. Plowing
is being pushed forward as fast as possible, and corn planting will commence in a
few days. The letter in paper, date of
Feb. 2, from C. S. E.. of Mississippi, will
apply to a great part of the south and
southwest. Stock run out on grass all
wintar here; never need  feed  or shelter.
S. P. T.
Dilley, Texas,  Feb. 4.