KIUUT TO CONSTRUCT TBAMHOAD ACBOSS LAND 



liraiit of ]>criiiii<!iii<n to nit tiniluT frmii n Miiall Ir.'irt nl' h>ii<l 



.<ca not itn^ly authority to foimtriict a trnniroiul tliroU|;li the 



•:act. vFIoriiln Siiiin-mo Court, Inloriilnto LuiiiIxt ('<iinpiiny vh. 



\\,M>.i«, >M soutlurii U.portor. 741.) 



WHEN MATERIALMAN S LIEN IS NOT WAIVED 

 All owiior ut It liuildini; iluos nut wiiivf liis ri);l>t uii<lor tlie Ken 



■ loky lien Inw to notico from a lumber denier of tlie Intter's 

 ' tention to claim a lien for materials furniHhoil tlic fontractor, 

 y telling such dealer that an order given in his favor liy the 



• .iitrni-tor will be paid as soon as the contractor's account is 

 ln'cked up. (Kentucky Court of Appeals, Kentucky Lumber 4c 



M llwork Coiiipiiny vs. Moutz. 1(>I Southwostorn Ueporfcr 9:<r>.) 

 WHEN FREIGHT IS CONSTRUCTIVELY DELIVEEED 

 In.l.T a rcent do.isioii of tlio Now York Court of App-als in 

 • ■■ case of Lewis vs. New York, Ontario & Western Railway Com- 

 iny, 104 Northeastern Keportcr 944, a closed carload of freight is 

 ' ..nstructively delivere<l to the consignee when it is placed on a side- 

 track at a proper place for unloading. Although this conclusion was 

 applied by the court to exempt the railway company from liability 

 lor injury to the consignee's employe, caused by defective loading 



• the car, the holding can also be ap])lied to cases where carload 

 -.'ight is destroyed while awaiting unloading. In such a case, under 



■ is decision, the loss would fall on the consignee. 



The court said in this case: "'The general rule is that a railroad 

 - Iwund to load and unload its cars, but this rule may be varied 

 y contract or by a course of ilcaling, and is perhaps not applicable 

 ■ its full force to carloads of bulky freight. * * * If the con- 

 - _'nee undertakes to unload the car, which is switched for conve- 

 nience on a sidetrack in his yard the carrier's function ends, and 

 delivery is complete when the car is placed in the custody of 

 the consignee. • * • We must not be understooil as intending 

 liy this decision to limit a carrier's duties, either toward its own 

 •aploycs or ton-ard the public, while the car is in transit and its 



■ iiiction as carrier continues. If lumber is improperly loaded in 

 .111 open car, as was the case in Ford vs. L. S. & M. S. R. R. Co., 

 li.'4 X. Y. 49."!, 26 N. E. 1101, with resulting injury, while the car 

 is in motion, and under the carrier's control, liability will follow." 



It was further decided by the court of appeals that shippers and 

 'iisigneea are chargeable with constructive notice of the fact that 

 1 i-arrier's schedules filed with the Interstate Commerce Commission 

 'londe that onuers will be required to load and unload freight in 

 irloads when carried at carload rates, if such provision is contained 

 .1 such schedules. 



But, in an Iowa case, the supreme court of that state has held 

 t i.'it a railway company is liable for loss of a carload shipment 

 liich had not been actually delivered to the consignee and which 

 i.;id not been placed in a jiroper place for unloading. 



EIGHT TO RELIEF AGAINST BOYCOTT 



It constitutes an unlawful boycott for members of a building 

 trade union to bind themselves not to work on a building for which 

 a certain person furnishes materials, and to blacklist him. He is 

 entitled to recover damages for loss resulting from such action 

 and to enjoin further continuance of the boycott. (Massachusetts 

 Supreme Judicial Court, Burnham vs. Dowd, 104 Northeastern 

 Reporter, 841.) 



COMMERCIAL REPORT AS LIBEL 



It constitutes actionable libel for a mercantile agency to issue a 

 :;ilse report that a business corporation has been sued for an amount 

 largely in excess of its capital. (Idaho Supreme Court, Pacific Pack- 

 ing Company vs. Bradstrect Company, l.'JO Pacific Reporter 1007.) 

 FORFEITURE OF TIMBER SALES CONTBACT 



AVhen a contract for a sale of standing timber provides for its 

 removal within a fixed time, but gives the purchaser the right 

 to extensions for yearly periods on making certain payments by 

 —26— 



forfeit lii« right to an extendi where the parties have not 



treated the lime of payment n» u vital connidcrntion, and e»pe- 

 cinlly where a previous extcnhinn haii been granted nutwithiitnnd' 

 ing delay in iiiakiii}.' piiyinent. ( WIki ihinIii Supreme (!ourt, (iothnm 

 vs. WachMiiilh I.iin.l cr Coinpaiiy, 1 If, Norlhwi-slern Reporter, .00.1. ) 



UNACCEPTED ORDER FOR LUMBER, ETC. 



An unaccepted order for lumber and veneers creates no liability 

 on the part of a concern to which it is oddresKed. (Michigan 

 Supreme Court, Talge Mahogany Company vs. Linilcr Interior 

 Manufacturing Company, I4f, Nortliwe-ti'i n 272.) 



RISK NOT ASSUMED BY WORKMAN 



.\n employe working near wooii-worUIng iiiMehiui'ry .lo.;. not 

 assume the rijli oi being injured through slipping on the Iloor and 

 having his arm forced thereby in contait with a saw or knives 

 not s.aicgunrded as required by state law, (I'niled States Circuit 

 Court' of Appeals, Kighth Circuit; Columbia Box Company vs. 

 Saucier.) 

 EFFECT OF MISTAKE IN MECHANIC'S LIEN STATEMENT 



A mechanic's lien .statement is not \iliated by the fact that there 

 is a clerical error as to date in one place, if the slatcment as a 

 whole, in connection with the date of filing, shows the correct date, 

 (St. Louis Court of Appeals, Banner Lumber Company vs. Lund, 

 165 Southwestern Reporter .389.) 



WHEN TIMBER CONTRACT MUST BE IN WRITING 



Tndcr the laws of Louisiana a (..nlra.t for a sale of standing 

 timber, in or.ier to be enforre;iMc, iiiust be in writing. (Louisiana 

 Supreme Court, Kcnii or v^. .\lliert lI:inson I.ninber Comp.iny, 64 

 Southern Reporter 760.) 



LOGOrNO ROAD NOT COMMON CARRIER RAILROAD 



The Federal Employers' Liability act, wliich is ajiplieable to inter- 

 state eonimon carrier railroads, does not ajiply to a railroad operated 

 by a lumber company for the exclusive purpose of carrying its own 

 logs to market. (United Stales District Court, Western District of 

 Washington, Bay vs. Merrill & Ring Lumber Company, 211 Federal 

 Reporter 717.) 



OWNERSHIP OF SUNKEN LOGS 



"Where, in a coniniuiiity in which there is a common iiiidcrstaiuling 

 to the eflfect that sunken logs are to be consiilcred derelict and 

 abandoned and become the property of him who raises them, or him- 

 self engages in raising them for his own account without regard, in 

 either case, to the brands or marks that they may bear, other persons 

 similarly situated may presume that he acquiesces in such under- 

 standing in so far as it may affect logs bearing his brands and 

 marks, an<l cannot be mulcted in damages for buying such logs in 

 the open market." (Louisiana Supreme Court, J. A. Bell Lumber 

 Company vs. Stout, 64 Southern Rcjwirtcr .SS].) 



DUTY CONCERNING SAFETY APPLIANCES 



The Iowa factory .-i.t reijiiires all •lauyeroiis woodworking ma- 

 chinery to be properly guarded. "The intent of the law is to 

 require the use of the most efficient and best known guards for 

 that purpose. True, the employer is not required to try every 

 guard which may be put upon the market, but he is, as we think, 

 bound to the exercise of care and diligence in the. discovery and 

 equipment of his machines with suitable and efficient guards. 

 * * * As to the machine itself, he may not be bound to select 

 or adopt the latest and best appliance, no matter what its cost, 

 or his ability to pay for it; nor is he bound to use any particular 

 kind of machinery in his work. He is required to use such care 

 in the selection of his appliances as a reasonably prudent man 

 would exercise, and is not bound to select the best, unless those 

 which he supplies have some radical fault or are so generally 

 obsolete and supplanted by others that the adoption or retention 

 of the inferior appliance in itself indicates negligence." (Iowa 

 .Supreme Court, Murray vs. Daley, 14i'. W.rihw.i^t.Tn Reporter +.11.) 



