Page:North Dakota Law Review Vol. 1 No. 10 (1924).pdf/6

6 Where the railroad named in the bill of lading as the terminal carrier employs another carrier to switch the car to consignee’s warehouse, it does not cease to be the terminal carrier and is liable.—Missouri Pacific vs. Reynolds-Davis Co., Sup. Ct. Rep. 45, 516.

The first Cummins amendment is to be read so as to make negligence an element in suits for loss caused by delay in transit, and to prohibit carriers from requiring notice or filing of claim as a condition precedent to recovery.-Barrett vs. Van Pelt, Sup. Ct. Rep. 45, 437.

The administrator of an employee of a common carrier killed in a foreign country through the negligence of the carrier has no right of action under the Federal Employers’ Liability Act, although both the employee and his administrator are U. S. citizens.—New York Central vs. Chisholm, Sup. Ct. Rep. 45, 402.

In intra-state shipments as to which tariffs established by the I. C. C. apply, provisions of the second Cummins amendment with regard to limitations of the carrier’s liability for damage in transit apply although they are in conflict with provisions of the state statute.—Lancaster vs. McCarthy, Sup. Ct. Rep. 45, 342.

A description of a place to be searched is sufficient if the officer with the warrant can, with reasonable effort, ascertain and identify the place intended. A building used as a garage can not be given the character of a dwelling house so as not to be subject to search by permitting an employee to sleep and cook in one of the rooms.—Steele vs. U. S., Sup. Ct. Rep. 45, 414.

The issuance of a permit authorizing the possession of intoxicating liquors for non-beverage purposes does not protect the holder from search for and seizure of such liquors held for beverage purposes. The apparent readiness of members of the family to sell intoxicating liquors from the suspected premises under circumstances leading to the inference that these premises are the source of supply constitutes probable cause for the issuance of a search warrant.—Dumbra vs. U. S., Sup. Ct. Rep. 45, 546.

The following addition to the Code of Legal Ethics was adopted at the annual meeting just held at Fargo, and is numbered "Section XXIII (a)”:

“Untrue Verification of Pleadings-Before verifying pleadings on information and belief, attorneys should carefully inquire and investigate so as to conscientiously satisfy themselves that they have before them