934 research outputs found

    COVENANTS - EFFECT OF CHANGE OF CONDITIONS ON EQUITABLE RESTRICTIONS

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    Plaintiff was a lot owner in a residential district consisting of twenty-three blocks. Each lot in the district was subject to a restriction, imposed by the grantor, which limited the use of the lots to residence purposes. Subsequent to the imposition of this restriction, numerous oil and gas wells had been drilled in the territory surrounding the district, so that the lots in the district had depreciated in value approximately thirty-five to fifty per cent. By ordinance, the use zoning area which included the district had been changed from a residence use to an oil and gas use. At the time of the plaintiff\u27s action, approximately half of the lot owners had manifested a desire to be relieved from the restriction, either by making oil and gas leases, or by signing circulated petitions of waiver of the restriction. In an action by the plaintiff, it was held, in a seven to two decision, that there had not been a sufficient change of condition to warrant the denial of an injunction. Southwest Petroleum Co. v. Logan, 180 Okla. 477, 71 P. (2d) 759 (1937)

    NEGLIGENCE - LIABILITY OF STREET RAILWAYS FOR INJURIES TO ALIGHTING PASSENGERS - DUTY OF CAR EMPLOYEES

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    Plaintiff passenger, while alighting from the right side of a street car, operated by defendant street railway company in the center of a well-traveled road, was struck by an automobile traveling toward plaintiff from the front of the street car on the same side from which plaintiff was discharged. The automobile was traveling this uncommon course by reason of road repairs which created a temporary situation during which motor traffic in both directions was traveling along the half of the road on which plaintiff was alighting. Plaintiff contended, in an action brought for the injuries she sustained, that a legal duty to warn her of this unusual traffic condition devolved upon the conductor by reason of the fact that notice of her ignorance of the road repairs was impliedly imparted to him when he complied with several requests by plaintiff for information concerning the car stop at which she wished to leave the car. It was held, in a four to three decision, that the action of the trial court in granting defendant\u27s motion for judgment in its favor should be affirmed. Baier v. Cleveland R.R., 132 Ohio St. 388, 8 N. E. (2d) 1 (1937)

    EXECUTORS AND ADMINISTRATORS - COMPARISON OF NONCLAIM STATUTES AND THE GENERAL STATUTES OF LIMITATIONS

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    An overwhelming majority of the states possess nonclaim statutes, which, in one form or another, purport to bar all claims against decedent\u27s estates not presented to the decedent\u27s personal representative within a stipulated period. It is the purpose of this comment to compare such statutes with the general statutes of limitations, giving particular regard to those situations where the operation of the two types of statute upon one cause of action may appear to conflict

    CRIMINAL LAW AND PROCEDURE - ADMISSIBILITY OF CONFESSIONS - EXHORTATIONS TO TELL THE TRUTH

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    Defendant, while in the custody of police officers, confessed to the crime of murder. It was shown that the police officers during the course of defendant\u27s examination, stated to the defendant that it was better for him to tell the whole truth, and \u27\u27You are not telling the truth, give us the truth on this, You might as well tell the truth; to me now, I advise you to tell the truth in this case. In the subsequent prosecution of the defendant for murder, it was held that the confession was properly admissible notwithstanding these statements by the officers. Commonwealth v. Mabey, (Mass. 1937) 12 N. E. (2d) 61

    SCHOOLS - PRIVATE PAROCHIAL SCHOOLS - TRANSPORTATION OF PUPILS - USE OF PUBLIC FUNDS

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    A New York statute provided for the public transportation of school children to public and private schools. Plaintiff instituted a taxpayer\u27s action to enjoin defendant board of education from furnishing transportation, in compliance with the statute, to children attending a parochial school. Plaintiff contended the statute was unconstitutional by reason of a provision of the New York constitution which forbade public aid or maintenance of denominational schools. Held, that the statute was valid, and plaintiff\u27s prayer was denied. Judd v. Board of Education, 164 Misc. 889, 300 N. Y. S. 1037 (1937), affd. (App. Div. 1938) 3 N. Y. S. (2d) 394

    WITNESSES - PRIVILEGED PROFESSIONAL COMMUNICATIONS AS AFFECTED BY THE PRESENCE OF THIRD PARTIES

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    Interesting problems arise in regard to privileged communications when made to the professional confidant in the presence of a third person. Such problems are concerned with the manner and degree in which the privilege is altered or destroyed by the presence of such third persons. It is the purpose of this comment to discuss the attorney-client and physician-patient privileges as affected by the presence of a third person, where the professional confidant and his client or patient are aware of such presence

    CONSTITUTIONAL LAW - RELIGIOUS FREEDOM - COMPULSORY SALUTE AND PLEDGE OF ALLEGIANCE TO FLAG BY SCHOOL CHILDREN -VALIDITY

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    A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father\u27s commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did not infringe on constitutional provisions providing for religious freedom. Nicholls v. Mayor and School Committee of Lynn, (Mass. 1937) 7 N. E. ( 2d) 577

    The Value of Pregnancy Testing Beef Cows

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    Less than half of cow/calf producers in south-central Oklahoma and north-central Texas utilize pregnancy testing. The objective was to illustrate to beef cattle producers the effect that pregnancy testing and the subsequent adoption of an effective culling practice on first-time open cows has on net profitability of the cow/calf enterprise.Livestock Production/Industries,

    The prevalence of Neospora caninum and co-infection with Toxoplasma gondii by PCR analysis in naturally occurring mammal populations

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    Neospora caninum and Toxoplasma gondii are closely related intracellular protozoan parasites associated with bovine and ovine abortion respectively. Little is known about the extent of Neospora/Toxoplasma co-infection in naturally infected populations of animals. Using nested PCR techniques, based on primers from the Nc5 region of N. caninum and SAG1 for T. gondii, the prevalence of N. caninum and its co-infection with T. gondii were investigated in populations of Mus domesticus, Rattus norvegicus and aborted lambs (Ovis aries). A low frequency of infection with N. caninum was detected in the Mus domesticus (3%) and Rattus norvegicus (4·4%) populations. A relatively high frequency of infection with N. caninum was detected in the brains of aborted lambs (18·9%). There was no significant relationship between N. caninum and T. gondii co-infection. Investigation of the tissue distribution of Neospora, in aborted lambs, showed that Neospora could not be detected in tissues other than brain and this was in contrast to Toxoplasma where the parasite could be frequently detected in a range of tissues
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