Evening Republican, Volume 14, Number 91, Rensselaer, Jasper County, 16 April 1910 — LEGAL INFORMATION [ARTICLE]

LEGAL INFORMATION

One voluntarily becoming a passenger on a street car so crowded that he is compelled to ride in the vestibule, with knowledge of a rule that persons riding on do so at their own risk is held in Tompkins vs. Boston Elev. R. Co. 201 Mass. 114, 87 N. E. 488, 20 L. R. A. (N. S.) 1063, to assunme the risk of injury from being compelled temporarily to alight to enable other passengers to leave the car. ~ ■ • - - That no question as to the title of the insured can be considered by referees appointed in accordance with a clause in a standard Insurance policy which provides that, upon failure of the parties to agree as to the amount of loss, it should be referred to arbitrators, the award of a majority of whom should be conclusive as to the amount of loss and damage, is held in Dunton vs. Westchester F. Ins. Co. (Me.) 71 Atl. 1037, 20 L. R. A. (N. S.) 1058. Under a statute requiring compensation to be made for all damage caused by the taking of land or by the change of discontinuance of a private way or by the taking of an easement, it is held, in Davis vs. New England R. Co. 199 Mass. 292, 85 N. E. 475, 20 L. R. A. (N. S.) 1061, that recovery cannot be had by an abutting owner because of interference with the light, hlr or prospect of his property through an elevation of railroad tracks in the absence of any taking of his land or destruction of his easements. The charter of a corporation showed that a large part of its capital stock had been actually paid in cash, when in fact it had been paid by assignment of patents applied for, but not then granted. Another person, relying on the recitations in the charter, loaned money to the corporation, for which later he sued. In McKee vs. Rudd, 121 Southwestern Reporter, 312, this question was squarely presented: Can a creditor rely upon statements made in the articles of association filed by a business corporation, and upon proof of the falsity thereof be permitted to recover against the parties signing the articles, in an action for fraud and deceit? The Missouri Supreme Court decided that the representation relied on, whether false or true, were made to the Secretary of State to procure a certificate of corporation, and not to the plaintiff to secure credit.