Volume 171 — Michigan Reports

Rill by Leo Scheible against William C. Klenk and others for the foreclosure of a mechanics’ lien. From a decree enforcing the lien, defendant owners appeal.

Bill by Emil Sielaff against Ari E. Woodruff to redeem from a sale on execution of certain land. From an order sustaining a demurrer to complainant’s bill, he appeals.

Assumpsit by Eugene L. Vohlers against the E. H. Stafford Manufacturing Company. From an order denying defendant’s motion to set aside its default, it brings error.

<p>Error to Muskegon; Sullivan, J.</p> <p>Case by Nancy Green against the Muskegon Traction & Lighting Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

<p>1. Master and Servant — Personal Injuries — Negligence—Evidence.</p> <p>Evidence that the arbors and collars of an edger had become so worn that the saw wabbled, and to remedy the difficulty set screws were placed in the collars of such saw, which caused the saw to pinch and throw back the material that it was shaping, that fly-backs had rarely occurred before inserting the set screws, and became frequent afterwards, that two edgermen preceding plaintiff had been injured, warranted the submission of the question of defendant’s negligence to the jury, although defendant’s testimony tended to show that numerous other causes might produce throwbacks.</p> <p>2. Same — Assumption oe Rise.</p> <p>Whether plaintiff assumed the risk was a question for the jury to determine, taking into consideration his age, experience, means of observation, and the circumstances of the case.</p> <p>3. Same.</p> <p>The servant assumes risks that are incident to his employment, and such dangers as he knows and appreciates, or ought to know.</p>

Bill by the Melze-Alderton Shoe Company against the First State Savings Bank of Evart for an injunction and other relief. From an order overruling a demurrer to complainant’s bill, defendant appeals.

<p>Appeal from Missaukee; Lamb, J.</p> <p>Bill by John Edwards against John Zuck for an accounting and dissolution of a partnership. From a decree for complainant, defendant appeals.</p>

Mandamus by Edith G. Craig against Charles B. Collingwood, one of the circuit judges of the county of Ingham, to compel respondent to vacate an order dismissing plaintiff’s action, for failure to comply with an order of the court granting, ex parte, a motion of defendant therein for new and additional security for costs. This record being combined with the following, the cases were considered together. Submitted November 17, 1911.

J. Bill by Fred G. Austin as receiver of Cameron Currie & Company, a copartnership, against Charles Hayden and others, copartners, doing business as Hayden, Stone & Company, for an accounting, an injunction, and other relief. Complainant, being later appointed trustee in bankruptcy of Cameron Currie & Company, was substituted as such trustee. From a decree for complainant, complainant and defendants and certain intervening creditors appeal.

Bill by Rowland Connor against Ernst Jochen and others for relief as a judgment creditor. Prom a ’decree for complainant, defendant Jochen appeals.

Assumpsit by Mary L. P. Sweezy against the Collins Northern Ice Company for breach of the covenants of repair in a lease and for other damages. Judgment for plaintiff, defendant brings error. Plaintiff was the owner of three icehouses, each 25 feet wide and 100 feet long, which had been built at a cost of about $2,300 in the summer of 1894 on Lake Lamberton, in Kent county. These houses were used for the first five years by plaintiff’s husband.

Petition by Maggie Wern against Frank Wern to modify an allowance of alimony awarded in proceedings for divorce. From an order denying the petition, complainant appeals.

Assumpsit by Lewis E. Hawkins and another in justice’s court against Nicholas Castenholz, Daniel McNitt, and Andrew C. Smith, upon a promissory note. Plaintiffs issued a transcript to the circuit court. An order granting defendants’ motion to quash the execution issued thereon and dismissing the transcript proceedings is reviewed by plaintiffs on writ of certiorari.

Case by Arentje Groendal against Paul Westrate for malpractice. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on error.

Bill by the Walton Cranberry Company against Isaac N. Seamon and Lieu P. Haskins for an injunction, damages, and other relief. From a decree for complainant, against defendant Seamon, and dismissing the bill as to defendant Haskins, defendant Seamon appeals.

Assumpsit in justice’s court by Maggie Moser against Emmet D. White. Plaintiff obtained a judgment; defendant removed the cause to the circuit court by certiorari. A judgment for defendant is reviewed by plaintiff on writ of certiorari.

<p>Error to Allegan; Padgham, J.</p> <p>Assumpsit by Stephen Ketchell against Milo Keene for services performed as broker for defendant. Judgment for plaintiff. Defendant brings error.</p>

Ejectment by John McRae and others against William Barber and another. A judgment for plaintiffs on a verdict directed by the court is reviewed by defendants on writ of error.

<p>1. Master and Servant — Assumption of Risk — Personal Injuries — Machinery.</p> <p>Plaintiff, who was employed for four months at defendant’s wringer, that was operated by power and could only be stopped in case of accident by using a lever near the belt, knew the danger arising from failure to have a lever within his reach and assumed the risk arising therefrom and from the fact that no one was assigned to assist in turning off the power in case of accident.</p> <p>2. Same — Instructing Servant — Warning as to Obvious Risks.</p> <p>Plaintiff also assumed the risli of his fingers being caught in threads which he left on cloth that had to be wound upon the rolls of the wringer, an obvious danger with which he had become familiar by long experience; defendant was not under obligations to warn or instruct him against the alleged peril.</p>

<p>Error to Wayne; Mandell, J.</p> <p>Case by Charles Luka, an infant, by his next friend, against George B. Lowrie and others for malpractice. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.</p> <p>The plaintiff, a boy 15 years of age, while crossing the Michigan Central Railroad track, was knocked down by an engine and in some manner, not clearly shown, was thrown under the wheels of a car. His left foot was mangled and crushed. There was a compound disarticulation of the bones of the foot, and one of the principal bones of the arch, the “scaphoid” bone, was torn away entirely, the flesh was crushed and- tom from the top of the foot, leaving the muscles, ligaments, and bones exposed. The plaintiff testified:</p> <p>“I could see the bones sticking out. I could see they weren’t broken. Don’t know how many bones were sticking out; around four or five, something like that.”</p> <p>Shortly after his injury, plaintiff was removed to Harper Hospital in an ambulance. He was partially conscious upon his arrival and was able to communicate his name and the name of the street upon which he lived to the attending surgeons. Within 10 or 15 minutes after his arrival, he lapsed into a comatose condition, and later into complete unconsciousness. Efforts to revive him by injections of strychnine and infusion of a saline solution were made, but he remained unconscious until after the operation. Soon after his arrival at the hospital, at 10:15 a. m., plaintiff’s foot was examined by four house physicians connected with the hospital. They concluded that prompt surgical treatment was necessary and telephoned to defendant, who is assistant surgeon of the Michigan Central Railroad. Defendant arrived at the hospital at 10:45 a. m. Upon examining the plaintiff, he found him unconscious, with a weak pulse and dilated pupils. The foot was found to be cold and dead, the circulation having been interrupted. Defendant testified that he learned from the house surgeon the boy’s name and residence street. With reference to the residence, he knew the distance from Harper Hospital and the time it would take to get from there to the hospital; that he inquired of the house surgeon if any one, any relatives, were present, and was informed that no person was present whatever. After consultation with the four house physicians, it was agreed by all that an immediate amputation was necessary to save the plaintiff’s life. The foot was amputated, and the plaintiff recovered. It is the plaintiff’s claim that his foot should not have been amputated at all, and particularly that it should not have been amputated without first obtaining his consent or the consent of his parents, who went to the hospital as soon as possible after learning of the accident. A verdict having been directed in favor of defendant, the case is brought here for review upon writ of error.</p>

John Friedrich applied to the circuit court for the county of Dickinson, in chancery, for an order to sell the real estate of May Flynn and three other infants, and was appointed guardian and required to give a bond, pursuant to 1 Comp. Laws, § 536. Sale was made under the order of the court. After a period of ten years had elapsed the guardian reported the sale to the court for confirmation.

, presiding. Bill by Albert G. Griggs against the village of Red Jacket and others for an iniunction and other relief. From a decree for defendants, complainant appeals.

<p>1. Mechanic's Liens — Notice—Statement—Statutes.</p> <p>Failure of the contractor to furnish to the owner of a building constructed under contract a statement under oath. of the amounts due to laborers, materialmen, etc., as provided by 3 Comp. Laws, § 10713, is fatal to his claim of lien.</p> <p>2. Same.</p> <p>That all laborers have been paid before the hearing, does not make compliance with the statute unnecessary in case of a complainant who commenced suit ten days before the expiration of the time for other claimants to file liens and who 'filed his lien 40 days before such expiration.</p> <p>3. Same — Construction.</p> <p>The lien statute being in derogation of the common law, must be strictly construed up to the time when the lien attaches.</p> <p>4. Same — Equity—Answer.</p> <p>Defendant’s statement in his answer, that the bill of complaint did not show performance of all conditions prerequisite to enforce the lien under chapter 296 of the Compiled Laws, etc., sufficiently raised the defense relied upon.</p>

Bill by the Peerless Pattern Company against the Gauntlett Dry Goods Company for specific performance of a contract. From an order overruling á demurrer to complainant’s bill, defendant appeals.

Bill by John J. Aylesworth and another against Elisha J. Camp and others for the cancellation of a land contract and to remove a cloud from complainants’ title. From a decree for complainants, defendants appeal.

Attachment by Oliver De Carie against Mores Marks. An order overruling a motion to quash the service of process is reviewed by defendant on writ of certiorari.

Bill by John Delosh against Vincent Delosh and another for specific performance of an oral contract to convey real property. From a decree for defendants, complainant appeals.

<p>Error to Lenawee; O’Mealey, J.</p> <p>Case by Lewis J. Marshall against the Wabash Railroad Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Bill by L. Grace Judson against Frank Judson for an order awarding alimony to support a minor child of defendant. From an order sustaining a demurrer to complainant’s bill, she appeals.

Bill by Matilda Noban against Dell Shoup for the cancellation of a deed. From a- decree for complainant, defendant appeals. Complainant and defendant are both children of Jeremiah Shoup, who died October 14, 1910. They are his sole heirs. On July 39, 1910, he deeded to the defendant his farm of 36 acres for a nominal consideration of $1. This farm constituted all the real estate he owned, and was worth about $1,300.

, presiding. ' Agnes Quillan presented a claim against the estate of Ann Van Dyke, deceased, which was disallowed in part by the commissioners on claims. Claimant appealed to the circuit court; a judgment for defendant on a verdict directed by the court is reviewed by claimant on writ of error.

Bill by Ambrose D. Lamoreaux against Melvin Eggleston for an accounting and other equitable relief. From a decree for defendant, complainant appeals.

<p>Error to Kent; Perkins, J.</p> <p>Assumpsit by James Redfield against George Engel for the purchase price of certain lumber. Judgment for plaintiff. Defendant brings error.</p>

Case by William C. Hewitt against the Pere Marquette Railroad Company for negligent destruction of plaintiff’s property by fire. Judgment for plaintiff, defendant brings error.

Case by Charles W. Putt against the Grand Rapids & Indiana Railway Company, for personal injuries. Judgment for plaintiff. Defendant brings error. Second avenue is a street running east and west in the city of Grand Rapids. It is crossed by five railway tracks. The two easterly tracks are Michigan Central side tracks, the next one is the Michigan Central main track, next west of that is defendant’s main track, and west of that again is the Michigan Central transfer track.

Assumpsit in justice’s court by Thomas Quinlan against Adrian Heyboer for services rendered. From a judgment for plaintiff, the cause was appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Assumpsit by George H. Marshall against R. M. Owen & Company upon a judgment of the circuit court for the county of McLean, Illinois. Judgment for plaintiff. Defendant brings error. The defendant and appellant was sued in the circuit court, for the county of McLean, 111.

Exceptions before sentence from Mason; Withey, J. Benjamin D. Davis was convicted of keeping open his saloon on Sunday in violation of 2 Comp. Laws, § 5395 etseq. (2 How. Stat. [2d Ed.] § 5071 etseq.)

<p>Error to Livingston; Miner, J.</p> <p>Emma Neely was convicted of aiding and .abetting the crime of statutory rape.</p>

Attachment in justice’s court by Stephen Craig, Eugene Paul, Samuel La Plant, and John McRae against Eugene Brown, principal defendant, and Millard D. Olds, intervener, to enforce labor claims against timber products. From a judgment for plaintiffs said Olds appealed to the circuit court. Judgment for plaintiffs; intervener, Olds, brings error.

Habeas corpus by Gar A. Adler for release from custody under a sentence of the circuit court for the county of Jackson. An order dismissing the writ is reviewed by petitioner on writ of certiorari.

, presiding. Mandamus by the city of Sault Ste. Marie against Michael S. Hotten, Chippewa county treasurer, to compel respondent to pay relator a balance due for taxes received. An order granting the writ is reviewed by respondent on certiorari.

Clair; Tappan, J. Case by Louis Zells against Elmer E. Stockwell by capias ad respondendum for failure to account for funds collected as plaintiff’s agent and attorney. Judgment for plaintiff for less than the damages claimed. Plaintiff brings error.

Exceptions before sentence from Eaton; Smith, J. Maynard Mulvaney was convicted of assault with intent to do great bodily harm less than the crime of murder.

Exceptions before sentence from Jackson; Parkinson J. Dennis Cain was convicted of engaging in the business of selling intoxicating liquors at retail, without having paid the tax or secured license required by law.

<p>1. Bastards — Legutimaoy—Husband and Wife.</p> <p>A child born in lawful wedlock will be presumed to be legitimate.1</p> <p>2. Same — Evidence—Presumptions.</p> <p>The presumption is very strong and may be overcome only upon convincing proof; and the testimony of husband and wife as to nonaocess is incompetent.</p> <p>3. Same — Adultery—Burden of Proof.</p> <p>Evidence of adultery committed by the wife at or about the commencement of the period of gestation is insufficient to overcome the presumption.</p> <p>4. Same — Evidence.</p> <p>Evidence that the husband of complaining witness in bastardy proceedings was in jail until 253 days before the birth of a child, that the wife committed adultery with respondent about 268 days before birth, that the minimum period of gestation is 240 days, the average 273 days, and the maximum 300 days, is not sufficient in the face of the presumption that the husband had access to his wife during the first thirteen days after he was liberated, to warrant a verdict of guilty.2</p>

Exceptions before sentence from Cheboygan; Shepherd,. J. Frank Lalonde was convicted of engaging in the retail liquor trade without procuring a license.

, presiding. Assumpsit by William B. Armstrong and another against James Martin for brokers’ commissions. A judgment for defendant on a verdict directed by the court is reviewed by plaintiffs on writ of error.

Summary proceedings by Thornton E. Patterson and another against Ivan Carrel, by his guardian ad litem, for possession of certain demised premises. From a judgment of the commissioner for complainants, defendant appealed to the circuit court. Judgment for defendant upon a directed verdict. Complainants bring error. In this action complainants seek to recover the possession of certain premises by summary proceedings under the statute.

Attachment by Charles Becherl against Gustave Plutchak for the enforcement of a lien for labor against logs, etc. Samuel Crawford and others, copartners, doing business as S. Crawford & Sons, intervened. Judgment for plaintiff. Said interveners bring error. This is an action of attachment under Act No. 229 of the Public Acts of 1887 (3 Comp.

Petition by Mae L. Kingsley for a writ of mandamus to compel Willis B. Perkins, one of the Kent circuit judges, to vacate an order discharging one Mark B. Thompson from arrest on capias ad respondendum.

Bill by Romeyn Graham, administrator of the estate of Adeline P. -Graham, deceased, against Albert Graham and Salona Graham for an accounting. From an order overruling a demurrer to complainant’s bill, defendants appeal. The bill of complaint in this case is filed by an administrator for the purpose of securing an accounting from the defendants relative to their business dealings with deceased during a long term of years prior to her death.

Bill by Nellie Longe against Will Kinney, administrator de bonis non with the will annexed of the estate of Mary O’Day, deceased, and others, to enforce an alleged trust. From a decree for complainant, defendants appeal.

<p>1. Process — Garnishment—Waiver—Appearance—-Justicies oe the Peace.</p> <p>Appearance of a defendant corporation as garnishee in garnishment proceedings, and its consent to an adjournment to the day following, waived any defects in service of process.</p> <p>2. Same — New Trial.</p> <p>The entry of a motion for a new trial by the garnishee in justice’s court also operated as a waiver of defective service.</p>

<p>Error to Muskegon; Sessions, J.</p> <p>Case by John Wiers against the Shaw-Walker Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Summary proceedings by the Northern Michigan Building & Loan Association against John S. Fors for the recovery of the possession,of certain real property. Upon appeal to the circuit court judgment was rendered for defendant; complainant brings error.

, presiding. Bill by Hiram Cameron against Susie Smith for specific performance of a land contract. From a decree for complainant, defendant appeals.

Bill by the Detroit & Mackinac Railway Company against tbe Michigan railroad commission to review orders fixing certain freight rates of the Detroit & Mackinac Railway Company for timber and forest products. The Onaway Shingle & Tie Company and others intervened as complainants; the Fletcher Paper Company and others as defendants. From a decree for defendants, said complainant and interveners appeal.

Case by John J. Leary against the Houghton County Traction Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on error.

Bill by Allen Macomber against George Cottrell and others to set aside a compromise agreement for fraud. From an order overruling a demurrer to complainant’s bill, defendants appeal.

Assumpsit by Alfred Lilja against the Standard Accident Insurance Company of Detroit, upon a policy of insurance. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by Perry D. Moore and others against the Hillsdale County Telephone Company and others for an accounting. From a decree for defendants, complainants appeal.

, presiding. Assumpsit by Andrew L. Moore against the Royal Oak Lumber & Supply Company for the conversion of certain shares of stock. Judgment for defendant. Plaintiff brings error.

Case by Bessie A. Wolverton against the village of Saranac for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Joseph; Yaple, J. Bill by the Sheffield Car Company against the Constantine Hydraulic Company for an injunction and other relief. From a decree for complainant, defendant appeals.

Bill by Ella Z. Price against Thankful C. Hagle and another for the cancellation of a deed of conveyance. From a decree for complainant, defendants appeal.

<p>1. Customs and Usages — Evidence—Contracts.</p> <p>Parties dealing in a business governed by a general usage are presumed to deal subject to tbe custom, in the absence of stipulations to the contrary.</p> <p>2. Same — Towing Contract — Navigation.</p> <p>The court should have permitted defendant to introduce proofs in support of her offer to show that plaintiff, who contracted with defendant to tow logs upon Lake Huron, dealt subject to a usage in that community, known among raftsman, tug-men and those doing business with them, that the owner should bear the loss of a break-up.</p> <p>8. Same — Trial.</p> <p>It was not an answer to the objection made that the jury found the contract was as plaintiff claimed; if the custom had been shown, the jury might have believed defendant’s version.</p> <p>4. Same — Requests to Charge — Trial.</p> <p>Defendant’s claim, supported by disputed testimony, should have been presented to the jury in accordance with her requests, that if plaintiff’s authorized agent, who inspected the boom, directed what booms were to be taken, and that they were then used by defendant, plaintiff could not recover for insufficiency in quantity or quality thereof. The court erred in limiting the request to the issue as to quality of the boom sticks.</p> <p>5. Same.</p> <p>If the responsibility up to the time of the storm was on plaintiff, because of such acceptance of the boom, by his agent, he could not shift the responsibility to defendant at the time of storm by stating to defendant that the logs were in her charge.</p>

Case by Edward EL Gerlach against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error. Plaintiff, a man weighing upwards of 200 pounds, was injured while attempting to. alight from one of defendant’s cars.

Edwin Clark and Emerson Bedell presented to the probate court for the county of Eaton their final account as executors of the estate of Ann C. Stevens, deceased. From an order distributing a portion of the estate, Anna Bedell and Mellie Bedell appealed to the circuit court: said executors presented a cross'-appeal. The order of the probate court being reversed as to the distribution of part of the estate, contestants appeal.

<p>Error to Lenawee; O’Mealey, J.</p> <p>Case by Jay G. Philpott against Clifford Kirkpatrick for alienating the affections of plaintiff’s wife. Judgment for plaintiff. Defendant brings error.</p>

<p>Appeal from Arenac; Sharpe, J.</p> <p>Bill by Mary F. Lentz against John C. Lentz for divorce. From a decree dismissing the bill, complainant appeals.</p>

Bill by Vivian A. Kellogg against Frank J. Kellogg for divorce. From a decree for complainant, both parties appeal, complainant asking for increased alimony.

Exceptions before sentence from Washtenaw; Kinne, J. Carl Tessmer was convicted of wilfully mistreating and maiming a horse belonging to another.

Assumpsit by Julia Heral against John J. McCabe for work and labor. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Lydia Graham presented to the probate court of Ingham county, sitting as juvenile court, a petition averring that Graham Gould was a dependent and neglected child and praying for a determination of the question of his custody. Petitioner reviewed an order dismissing the petition by certiorari to the circuit court, which affirmed the order. Petitioner brings error.

Mandamus by Herbert Bowen against William F. Moeller, Wayne County'Treasurer,” to compel respondent to reduce the specific tax as estimated by him upon an instrument offered for record.1 An order granting the writ is reviewed by respondent on certiorari.

<p>Error to Delta; Flannigan, J.</p> <p>Case by Abraham Rogers against David N. Nee for malpractice. Judgment for plaintiff. Defendant brings</p> <p>error.</p>

Case by August Hoeft against Jacob Kock, Charles Uelsmann, Gustave Rogge, and Albert Clemens for fraud. Orders vacating a levy on property of defendant Rogge, and recalling execution, are reviewed by plaintiff on certiorari.

Petition by Perlie P. Carpenter against Ora A. Carpenter for the custody of an infant son of petitioner and respondent. From a decree for petitioner, respondent appeals.

<p>Error to Berrien; Coolidge, J.</p> <p>Ejectment by Ida-N. Tyler against Addie Wright, Louis Peotor, and Jacob Goodman. Judgment for defendants, plaintiff brings error.</p>

Mandamus by John J. Burgess against Henry A. Man-dell, one of the circuit judges for the county of Wayne, to require respondent to vacate an order extending the time for settling a bill of exceptions, in a cause in which relator was plaintiff.

Mandamus by David S. Zenlon and another against Henry A. Mandel, one of the circuit judges for the county of Wayne, to compeLrespóndent to appoint a receiver in a judgment creditor’s suit.

Prohibition by Horace M. Owen against Frederick O. Martindale, secretary of State, to prevent respondent from receiving and filing nominating petitions for the office of circuit judge of the eleventh judicial circuit.

Assumpsit by Richard Q. Vos against Child, Hulswit & Company vfor breach of a contract of sale of corp.orate stock. A judgment for plaintiff upon a verdict directed by the court for less than the amount claimed is reviewed by plaintiff on writ of error.

<p>1. Fraudulent Conveyances — Debtor and Creditor — Garnishment.</p> <p>As to a creditor whose account accrued after a voluntary conveyance of' property by the debtor, actual fraud as well as specific intent to defraud must appear to entitle the former to treat the conveyance as invalid.</p> <p>2. Same — Charge—Burden of Proof.</p> <p>The court erred in charging that such conveyance was presumptively fraudulent as to a subsequent creditor. The secret transfer of property by the debtor who thereafter increased her indebtedness upon the appearance of remaining the owner may be convincing evidence of an intent to defraud; that the creditor did not know of the transfer when he extended credit does not relieve him of the burden of showing actual fraud.</p>

Case-made from Chippewa; Steere, J. Assumpsit by Louis Paccalona against the Peninsula Bark & Lumber Company for an amount due plaintiff for services rendered and materials furnished under a special contract. An order overruling a plea in abatement is reviewed by defendant on writ of error.

Case by William Jones against the city of Detroit for personal injuries. A judgment for defendant upon a verdict directed by the court is reviewed by plaintiff on writ of error.

Case by Edward Walls against the city of Detroit, for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Joseph Monger,-administrator of the estate of Maria Monger, deceased, against the New Era 'Association upon a benefit certificate. Judgment for plaintiff. Defendant brings error.

<p>1. Evidence — Books—Street Railways — Personal Injuries.</p> <p>Books of a street railway corporation in which a record of accidents is kept are not admissible to show that no accident was reported by the conductor or motorman and no record of it appeared, for the purpose of proving that an injury did not take place as plaintiff claimed.</p> <p>2. Same.</p> <p>Testimony to establish the correctness and accuracy of such books was necessary to render them admissible, even if they were otherwise competent.</p> <p>8. Husband and Wife — Married Women — Damages.</p> <p>Plaintiff, a married woman, was entitled to reoover the cost of her physician’s services, in a personal' injury case, having been separated from her husband more than four years, during which she had supported herself, while the husband had resided outside the State, having had nothing to do with hiring the physician.</p>

Case by Henry L. Holmes, administrator of the estate of Asa Mitchell, deceased, against the Detroit, Grand Haven & -Milwaukee Railway Company for the wrongful killing of decedent. Judgment for plaintiff. Defendant brings error.

Assumpsit by Arthur E. McIntire against Henry W. Carr for the breach of a contract. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by John Dorrington against Norman Carpenter for the rescission of a contract of sale for fraud. From a decree for defendant, complainant appeals.

Assumpsit by Eugene Powers against Sidney S. Rockwell, treasurer of the township of Yermontville, Eaton county, Michigan, for the recovery of taxes paid under protest. Judgment for defendant; plaintiff brings error.

Bill by Helen Nash against Marion E. Morrell and others to correct and foreclose a note and chattel mortgage. From a decree for complainant, defendants appeal.

Case by Fred A. Chapman against John F. Bible and others for fraudulent representations. A judgment for defendant on a directed verdict is reviewed by plaintiff on writ of error.

<p>1. Brokers — Commissions—Contracts—Evidence.</p> <p>In order to be entitled to recover his commissions, a broker must show that he has completed his undertaking according to its terms, or that its completion was prevented wrongfully by his principal.</p> <p>2. Same.</p> <p>Evidence examined, and held, to warrant the trial court in submitting a loan broker’s claim for commissions, that his principal prevented him from earning, to the determination of the jury.</p>

<p>Error to Ingham; Collingwood, J.</p> <p>Case by William O. Wilson against Mahlon A. Bray for fraud and deceit. Judgment for defendant. Plaintiff brings error.</p>

<p>Appeal from Gratiot; Searl, J.</p> <p>Bill by Anna Corning, as executrix and trustee of the estate of William Corning, deceased, against Elon P. Potter, Gratiot county drain commissioner, and others, for an injunction.and other relief. Prom a decree for complainant she appeals.</p>