purpose alone, without leave of court. Daniell, Ch. Pro 458, 512. 537. But if he asks the privilege of fighting his side of this battle under a special appearance, I do not think he should be allowed to do it. Thl;l motion is overruled.
(Oz'rcuit Oourt. D. OolQ'l'ado. December, 1883.,
The execution of a lease for real estate implies a covenant to lessee for quiet enjoyment during the term.
SAME-REMEDY OF LESSEE.
In case of entry upon the demised premises by the lessor during the term, the remedy of the lessee is in damages by Buit at law for breach of covenant, and not by action in equity for an ltccounting.
On Demurrer to Bill.
the Colorado Law Reporter.
lI'EDE:BAL · WINANS v.
ETC., OF JERSEY CITY.
(Circuit Court, D. New Jersey. . December 12,1883.)
MUNICIPAL BONDS-BoNA FIDE HOLDER-PURCHASER WITH011'l' NOTICE 011' DEFECT.
Rouede v. Mayor, etc., oj Jersey City, ante, 719, followed.
In Case. Robert W. De Forest, for plaintiff. Allan L. McDermott, for defendant. B. Williamson and F. L. <;>f counsel, for plai,ntiff. NIXON, J. For the reasons assigned in the antecedent case of Rouede v. Mayor, etc., of Jersey City, ante, 719, judgment must be entered in above case in favor of the plaintiff for the coupons, with interest thereon at the rate allowed by the state of New York, where the 'Same was payable, which appears to be 7 per cent., from their maturity to January 1, 1880, and at the rate of 6 per cent. since that date.
GILMORE v. NORTHERN PAC. By. Co.
(Circuit Court, D. Oregon.
January 4, 1884.)
INJURY CAUSED BY NEGLIGENCE OF FELI,OW-SERVANTS.
The rule first Iluggested in Priestlyv. Fowler, 3 Mees. & W. (1837,) 1, that a master who has exercised due care and skill in the employment and retention of his servants is not responsible for an injury sustained by one of them in the course of his employment by the negligence of llllother, however distinct the grade or different the labor of SUCh servants or how widely separated the locality of their several employments, is being modified by the course of judicial opinion 'Mid decision so as to meet, the ends of justice in cases since arising of corporations and others engaged in varied and widely extended operations un der one nominal and invisible head, in reality divided into separate partf or diVisions, under the direction and control of local bosses, superintendents, or heads of departments, who to all intents and purposes represent and stand for the corporation, with practically unqualified power to employ, direct, and discharge workmen, and to provide the necessary material and appliances fOI their convenient and safe employment.
WHEN FELLOW-SERVAN'l' STANDS FOR MASTER.
It seems well established that a master is responsible to his servant for an injury sustained by him, without his in consequence of t.he neg-ligence of a fellow-servant, (1) when the latter,' having authority over the former, orders him to·do an act not within the scope of his employment,whereby he is exposed to It danger nQt coutemplatedin his contract of service, and he is injured in so doing; (2) where the master has chargerl the latter wit.h the duty of providing proper material and appliances for carrying on a work in which he is personally engaged with the former or llot, and by the neglect to do so he is injured. .
CASE IN JUDG:\IENT.
In February, 1883, the Northern Pacific Railway wasengag-ed inconstrueing its road th,'ough western :Montana, and had many gangs of men, numbel'ingnot less thnn fifty each, at wurk on the line of the Wilt!:, at from three to five miles