Exhibitors Herald World (Oct-Dec 1929)

December 21, 1929 EXHIBITORS HERALD-WORLD 55 ytTcK D E LTV ->T Exclusive TIME-C-STAT Factory Sa/eS and Chicago, Illinois Service Offices Boston, Massachusetts Chicago, I llinois Detroit, Michigan Elkhart, I ndiana Kansas City, Missouri New York, N. Y. Exclusive Distributors Baltimore, Maryland Birmingham, Alabama Buffalo, New York Cincinnati, Ohio Cleveland, Ohio Columbus, Ohio Dallas, Texas Denver, Colorado Los Angeles, California Milwaukee, Wisconsin Minneapolis, Minnesota Newark, New Jersey New York, New York Oklahoma City, Okla. Omaha, Nebraska Philadelphia, Penn. Pittsburgh, Penn. Service St. Louis, Missouri Salt Lake City, Utah San Francisco, California Seattle, Washington Washington, D. C. In Canada Montreal, Province of Quebec Toronto, Province of Quebec Export Office New York City, N. Y. TlME-O-STAT Distributors now number 25 Wherever you are — there is a Time-O-Stat Distributor within overnight shipping distance, prepared to take care of your requirements on all standard Time-O-Stat controls. Five branch offices and twenty-five exclusive Distributors — located in the important industrial centers of the United States and Canada — offer dealers and customers close contact and friendly, efficient service. Each Distributor carries a complete stock of Time-O-Stat products. He can fill your orders quickly, without waiting for shipments from the factory. Moreover, each Distributor has a service organization skilled in handling Time-O-Stat products and gives cheerful cooperation to all Dealers and users of Time-O-Stat controls. You will find it a real pleasure to work with a Time-O-Stat Distributor. Notice the completeness of the Time-O-Stat line of automatic controls listed below. Write for catalogs of the products that interest you. Time-O-Stat's extensive research laboratories welcome the opportunity to work out your special problems of automatic control. Time-c-staT CCNTRCLS CCMPANy ELKHART, INDIANA Successor to: ABSOLUTE CON-TAC-TOR CORP. • LEACHWOOD COMPANY • TIME-O-STAT CORP. • CRAMBLET ENGINEERING CORP. Manufacturers of AUTOMATIC CONTROLS for Oil Burners • Gas Burners • Coal Burners Electric Refrigerators • Furnace Fans ■ Mechanical Stokers • Industrial Ovens • Ice Machines Unit Heaters ••• Also of Sign Flashers • Mercury Switches Electric Heaters • Corrugated Metal Bellows ship or professional relations satisfy the statute. The control of the stock owned by the same interest refers to beneficial interest. . . . The test is not declared to be control of the business or the policies of the subsidiary corporation, but substantial identity of interest in the enterprise. The theory of affiliation, resulting in a consolidated return for taxes, is that the income and invested capital are really the income and capital of a single enterprise, though carried on through the instrumentality of several corporations." Installations by City Generally speaking, a property owner cannot prevent a municipality or a fire department from installing necessary or useful fire preventive equipment on the sidewalk in front of his property. For example, in Centebar v. Watertown (167 N. E. 303), a corporation which owned a building having an amusement place therein, sued the city, asking the court to prevent the erection of a fire-alarm cable box on the public sidewalk. During the trial it was proved that the municipality was installing a new underground fire alarm and signal system. The fire alarm cable boxes being installed along the street formed an essential part of the new system. The property owner contended that installation of the box at the outer edge of the sidewalk directly in front of the entrance to the building would seriously interfere with and hamper the access of persons to and from automobiles and that the installation violated his constitutional rights. Notwithstanding these contentions, the court held the municipality legally entitled to install the alarm box, stating the following law: "The rights of the public in the highway, including the sidewalk, in front of the premises, include the right to lay therein the cable of a fire alarm signal system and to erect, equip and maintain therein the cable boxes incidental thereto. .. . According to the facts, the erection of the cable box as proposed will be a reasonable exercise of the public right. Hence the plaintiff's right of access will not be invaded, and neither article 10 of the Declaration of Rights, part 1, of the Constitution of the Commonwealth, nor the Fourteenth Amendment to the Constitution of the United States, will be violated. There is no basis for a contention that any private right of the plaintiff (property owner) other than his right of access will be interfered with by the erection of the cable box as proposed." Indemnity Contracts Generally speaking, a theatre corporation which fails to abide by the terms of an indemnity or insurance contract, is not entitled to recover on the policy. For instance, in Berg v. Associated Employers' Reciprocal (279 Pac. 627), it was disclosed that a corporation held an indemnity contract by the terms of which the insurance company assumed liability for any injuries sustained by the former's employes. The insurance policy contained a clause which required the corporation to give the insurance company "immediate notification" of claim filed by an employe for injuries. One of the employes named Blandy filed suit to recover damages for an injury, and the insured corporation failed to send notification to the insurance company. Therefore, the insurance company refused to pay the insurance. Later the corporation sued the insurance company to compel reimbursement for the claim which the former was compelled to pay. It is important the court held the indemnity company not liable saying : "The liability of an indemnitor is measured by the contract into which he enters, and it is never enlarged by mere construction to include a term specifically excluded. Inasmuch as an indemnitor's liability is one dependent wholly noon contract, it would be anomalous to hold that he is answerable under conditions directly contrary to the express stipulations of his undertaking. When he convenants to be bound, provided certain antecedent conditions are compiled with by the party indemnified in the wry nature of things, if those conditions are not fulfilled, his liability never becomes fixed." When Patrons Assume Risk While theatre corporations, and other operators of places of amusement, are bound to keep the premises in good re