Page:The Green Bag (1889–1914), Volume 21.pdf/98

 Notes of Cases ones in time to protect them from inclement weather. LAECENY. (Felonious taking by one who employs legal process.) HL—An attorney, having secured judgments against a debtor, directed a constable to levy on furniture at his residence. No one was at home at the time of the constable's visit. He rang up the attorney and was told to take the furni ture to a certain warehouse, to conceal the name on the van, and to deliver the ware house receipts to him. After the judgments were satisfied it was disclosed that the attorney had converted the goods, and some of them were discovered in his possession. In People v. Frankenberg, 86 N. E. Rep. 128, it was insisted that there was no proof of a felonious taking, necessary to support a con viction of larceny under a common law indictment for that offense, as the taking under the execution was legal or at least not criminal. The Supreme Court of Illinois affirmed the conviction of larceny of plain tiff in error, holding that the crime may be committed where legal process is fraudulently and feloniously used for the purpose of securing possession of the goods by the thief.

81

arise by reason of his negligence in intrusting a dangerous machine to the hands of an inex perienced or incompetent person. MEASURE OF DAMAGES. (Executory contract for sale of real estate.) Neb.—The measure of damages for the breach by the vendor of an executory contract for the con veyance of real estate, where the breach is caused from either the refusal or the inability of the vendor acting in good faith, is held, in Beck v. Staais (Neb.), 114 N. W. 633, 16 L. R. A. (N. S.) 768, to be the difference be tween the value of the land at the time of the breach and the price he contracted to receive; and it is held that, in addition thereto, the vendee may recover the amount advanced upon the purchase price. MEASURE OF DAMAGES. (Loss of ser vices through death of wife.) Ind.—While on appellant's train, the wife of appellee in Indianapolis fir* M. Rapid Transit Co. v. Reeder, 85 N. E. Rep. 1042, received injuries which caused her death in about a year. The action was brought not for the death, but for the deprivation of services, society, and companionship, and the sums expended in an effort to cure her. In the lower court plaintiff recovered $5000. The Appellate Court of Indiana reversed the cause, holding that as the action was brought for various items incapable of exact measurement, the verdict was excessive and must have been rendered because the jury considered the loss to the appellee of his wife, and not the mere loss of her services and companionship for the brief period of one year.

MASTER AND SERVANT. (Liability of father (or reckless driving of automobile by daughter.) H. J.—While the daughter of one possessed of an automobile was driving it without her father's knowledge she ran into plaintiff, injured him and furnished an incen tive for the action in Doran v. Thomsen (November, 1908), 71 Atl. Rep. 296. It appeared that the father had purchased the MEASURE OF DAMAGES. (Mental machine for the enjoyment of himself and suffering in case of criminal conversation.) his family. The plaintiff contended that the Colo.—Damages for criminal conversation are daughter was the servant or the agent of the held, in Stark v. Johnson (Colo.), 95 Pac.930, father and that he was liable for her torts. 16 L. R. A. (N. S.) 674, properly to include At the time of the accident she was using compensation for the mental suffering of the the machine for the recreation of herself and husband. her own friends. The Court of Errors and Appeals of New Jersey held that even had MUNICIPAL CORPORATIONS. (Statute the relation of master and servant existed restricting taxation of one another's prop generally between the father and daughter, erty.) Vt.—The procuring and furnishing of yet it does not appear in this case that she electric light by a village, under legislative was acting as such servant within the scope authority, is held, in Swanton v. Highgate, of her employment, so as to render him liable 69 Atl. 667, 16 L. R. A. (N. S.)867, to be a public for her torts. Undoubtedly liability might purpose within the meaning of a statute ex have been visited upon the father had the empting property used for public purposes machine been bought solely for his children's from taxation, so that property owned and use and been a menace to the safety of used for that purpose by a village cannot be others, but his liability in that case would taxed by the adjoining town.