Page:Federal Reporter, 1st Series, Volume 3.djvu/363

 856 fBDEBAL BEPOBTEB. �uses aflangerons înslnimeiitality, without thesafeguardswliîch Bcience and experience suggest or the positive raies of law require, he is jiot responsible for an injury reaulting from such use because the negligence of one of his servants may have contributed to the resuit, or because a possible vigilance of the servant might have prevented the injury." 10 Gray, 281. That was a case in -which a servant sued his master for injuries from the coUapse of a steam boiler used in the defendant's manufactory, in which the plaintiff was employed. �Motion for a new trial overruled. An order for payment of the plaintiff's judgment will be entered. �FosTEB, D. J., concwrring. ���CoBBiH ». The Bgaed of County Commissionebs oï Wash- ington COUNTY, KaNSAS. �(Oïre»»ï Oewt, D. Kansa». A.ugust 27, 1880.) �L Btatute — CoNTRACT — CONSTITUTION, Art. 1, { 10. — A statute provîdU ing in efiEect for the return, with interest, of ail mouey paid by a pur- chaser at a tax sale, If by reaaon of invalidlty or irregularity the sala oould net be consummated, constitutes, when acted upen, a contract, within the meaning of article 1, i 10, of the constitution. �'S. Bame — 8amb — Samb. — A subsequent statute, providing in eSect that Buch purchaser should have no right to the return of his money in «ny case, unless the board of supervisora should see proper to so order, is void, in bo far as it purports to apply to pending cases, and to aSect existing vested rights. �3L Samb — Same — Sahb.— A subsequent statute, providing in effect that After the conveyance of the land the money should not be refunded unless the party claiming under the tax deed should deliver a quit- elaim deed, " executed to sach person or persona as the commissioner jnay direct," is a reasonable and proper exercise of the power of the legislature to modify without impairing the remedy, and la therefora ▼alid. �Hoiion for judgment for the defendant on the pleadings. Brofwn e Campbell and Mr. Gillette, for plaintifl, W. W. Outhrit, for defendants. ����