527,569. Nut locks, cited...

753

297

138

PERSONAL INJURIES.

Particular causes or means of injury.

See "Electricity."

530,351. Electricity meter, cited.
548,553. Typewriting machine, cited..
550,823. Electricity meters, claims 1 and 8,
held void for anticipation and
lack of patentable novelty...293, 294 Operation of railroads, see "Railroads," § 2.
553,185. Pool table pocket, held not in-
fringed
.120, 121
Particular classes of persons injured.
556,532. Pool table conduit, held not in- Employé, see "Master and Servant," § 1.
fringed
.120, 122 Passenger, see "Carriers," § 3.
*Point annotated. See syllabus.

egations as to particular facts, acts, or trans- Of attorney, see "Principal and Agent."

"Equity," § 3; "Libel and Slander," § 1; Condemnation proceedings, see "Eminent Do-
Specific Performance," § 1.

PRELIMINARY INJUNCTION.

See "Injunction," § 3.

*Point annotated. See syllabus.

*A person going into another state as a

On appeal or error, see "Appeal and Error," ness or as a party defendant in a suit ther

$ 6.

PRINCIPAL AND ACCESSORY.

See "Criminal Law," § 1.

PRINCIPAL AND AGENT.

See "Attorney and Client."

Agent of steamship company, see "Shipping,"
§ 2.

Corporate agents, see "Corporations," §§ 2, 3.

either nominally or as a defendant in inter
is exempt from process in such state while
is necessarily attending there in respect to s.
trial, at least in the absence of a state stat
unequivocally abrogating such exemption.-Sk
ner & Mounce Co. v. Waite (C. C.) 828.

PROMISSORY NOTES.

See "Bills and Notes."

PROPERTY.

§ 1. Mutual rights, duties, and liabili- Constitutional guaranties of rights of prop
ty, see "Constitutional Law," § 6.
Particular species of property.

ties.

Names.'

Remedies involving or affecting property.
Protection of rights of property by injuncti
see "Injunction," § 1.

An agent on an accounting for money collected
for his principal will not be allowed for dis- See "Copyrights"; "Trade-Marks and Tra
bursements claimed to have been made by him,
where he failed to keep proper accounts, and
the testimony in support of his claim is vague
and unsatisfactory.-Quirk v. Quirk (C. C.) 199.
*Where a son who was agent for his father
to collect rents and deposit the same in bank to
the father's credit kept no proper account of his
collections, and did not deposit all of the mon-
ey collected, but mixed a part with his own
funds and converted the same to his own use,
he thereby lost his right to any allowance for
his services if otherwise entitled thereto.-
Quirk v. Quirk (C. C.) 199.

§ 2. Rights and liabilities as to third
persons.

*If a principal not disclosed by a contract
made by and in the name of his agent subse-
quently claims the benefit of it, the contract
thereby becomes his own to the same extent as
if his name had originally appeared as a con-
tracting party. Great Lake Towing Co. v. Mill
Transp. Co. (C. C. A.) 11.

PRINCIPAL AND SURETY.

See "Bail."

Liability of sureties on bonds of mail carriers,
see "Post Office," § 1.

PRIVILEGE.

From service of process, see "Process," § 1.

PRIVILEGED COMMUNICATIONS.

Transfers and other matters affecting title.
See "Adverse Possession."
Intermixture, see "Confusion of Goods."
Taking for public use, see "Eminent Domai

PROSTITUTION.

See "Disorderly House."
Importation of alien women for purpose
see "Aliens," § 1.

*"Prostitution" defined.-United States v. L
ty (C. C.) 938.

PROTEST.

Of bill or note, see "Bills and Notes," § 1.
To assessment of customs duties, see "Custo
Duties," § 3.

PROXIMATE CAUSE.

Of death of insured, see "Insurance," § 1.
Of death of passenger, see "Carriers," § 3.
PUBLIC DEBT.

See "Municipal Corporations," § 1.

PUBLIC LANDS.

Disclosure by witness, see "Witnesses," § 1. Taxation of rights in, see "Taxation," § 1.

PROCESS.

Effect of appearance, see "Appearance."
In action against foreign corporation, see "Cor-
porations," $ 5.

Particular forms of writs, see "Injunction";
"Mandamus."

§ 1. Disposal of lands of the stat
The provision of Acts Tenn. 1824, c. 22, §
that before a lawful entry of state lands could
made any other person in occupancy of the sa
must be given 30 days' notice, was intended so
ly for the protection of the occupier, and the
tice could be waived by him.-Bell v. No
American Coal & Coke Čo. (C. C. A.) 712.

*Point annotated. See syllabus.

PUBLIC POLICY.

fecting contract of railroad company, see
Railroad," § 1.
fecting lease of railroad track for transpor-
ation of circus train, see "Carriers," § 2.

PUBLIC SCHOOLS.

Je "Schools and School Districts," § 1.

UBLIC SERVICE CORPORATIONS.
"Carriers"; "Railroads"; "Street Rail-
roads," § 1.

e

PUBLIC USE.

light, and was killed in a collision with a special
train, held guilty of contributory negligence as
matter of law which precluded a recovery for
his death, conceding that the company was also
negligent in running the train.-Russell v. Ore-
gon Short Line R. Co. (C. C. A.) 22.

*Shannon's Code Tenn. § 1574, subd. 4, which
requires every railroad company to keep some
person on the locomotive always on the lookout
ahead to sound the whistle, apply the brakes,
and employ every means to stop the train when
any person, animal, or other obstruction appears

upon the road, does not apply to a train which

became uncoupled on a side track in depot
grounds and was backing up to recouple.-Payne
v. Illinois Cent. R. Co. (C. C. A.) 73.

Act Pa. April 4, 1868 (P. L. 58), making
the right of recovery from a railroad company
for the injury or death of a person employed
on or about its tracks or premises, and not an

king property for public use, see "Eminent employé or passenger, the same as would exist
Domain."

PUNISHMENT.

if such person were an employé, held not to
apply to the case of an engineer of another com-
pany, who, while running a train of such com-
pany over a track of defendant, upon which it
had the right of way, was killed in a collision

or violation of injunction, see "Injunction," § 4. with a train of defendant, which had no right

QUANTUM MERUIT.

e "Work and Labor."

RAILROADS.

ee "Street Railroads."

on such track at the time.-Philadelphia & R.
R. Co. v. Baker (C. C. A.) 407.

*The charge of the court, in an action to
recover for the death of a railroad engineer,
killed in a collision between his train and a
train of defendant company, held to have fair-
ly submitted to the jury the question of con-
tributory negligence.-Philadelphia & R. R. Co.

rbitration between railroad company and rail- v. Baker (C. C. A.) 407.

road telegraphers, see "Arbitration and
Award," § 1.

s employers, see "Master and Servant."

RATE.

arriage of goods and passengers, see "Car- For transportation of freight and passengers,
riers."

onstruction of contract between domestic rail-
road corporation and foreign corporation, see
"Contracts," § 2.

nforcement of railroad rate laws by attorney
general, see "Attorney General.'

99

see "Carriers," § 1.

RATIFICATION.

Of unauthorized delivery of shipment, see "Car-
riers," § 2.

§ 1. Report and findings.

REPAIRS.
On a motion for new trial in a federal court
in a cause tried before a referee, the court will of demised premises, see “Landlord and T
not retry the case nor consider any question ant," 8 1.
which may be brought before the Circuit Court
of Appeals by writ of error, nor will it sub-
stitute its own conclusions on conflicting proofs

REPEAL.
for those of the referee.-Atlantic Trust Co. v. Of statute, see “Statutes,” &$ 1, 2.
Osgood (C. C.) 700.

The admission of improper evidence on a
trial before the court without a jury or before

REPORT.
a referee is of no moment, and not ground for
a new trial, unless such evidence was necessary On reference, see "Reference,” $ 1.
to support the finding of facts.-Atlantic Trust
Co. v. Osgood (C. C.) 700.

RES IPSA LOQUITUR.
REMEDY AT LAW.

Application of doctrine in action for injuri

to servant, see "Master and Servant," § 1.
Effect on jurisdiction of equity, see "Equity,"
$$ 1, 3.

RESTRAINT OF TRADE.
REMOVAL.

Trusts and other combinations, see "Mono

olies," $ 1.
Of trustee in bankruptcy, see "Bankruptcy," $ 8.

REVENUE.
REMOVAL OF CAUSES.

See "Customs Duties"; "Internal Revenue

"Taxation."
§ 1. Power to remove and right of re-
moval in general.

REVIEW.
To be removable a cause must be one over
which the Circuit Court might have exercised See "Appeal and Error.”
original jurisdiction.—Blunt v. Southern Ry. Bill in equity, see “Equity,” g 4.
Co. (C. C.) 499.
§ 2. Citizenship or alienage of parties.

RIGHT OF WAY.
*An action of tort which may be brought
against one or more persons, and which has Of railroads, see "Railroads," $ 1.
been brought against two of them jointly, pre-
sents no separable controversy which will au-
thorize its removal by one of them.-Blunt v.

RISKS.
Southern Ry. Co. (C. C.) 499.

Assumed by employé, see "Master and Ser
*Whether an action is one involving a sepa-

ant," $ 1.
rate controversy as to one of the defendants
must be determined by what is alleged in the

SALES.
complaint.-Blunt v. Southern Ry. Co. (C. C.)
499.

In bankruptcy proceedings, see "Bankruptcy

§ 5.
§ 3. Proceedings to procure and effect Right of trustee to property in possession
of removal.

bankrupt under conditional sale, see “Ban
*A Circuit Court acquires jurisdiction of a ruptcy," $ 3.
suit by removal, although neither of the parties
is a resident of the district, and the suit could § 1. Construction of contract.
not originally have been brought in that court,

A written contract by the owner of woole
where the plaintiff fails to object in any way mills to sell a stated quantity of yarn to
to such removal and submits to trial on the delivered in the future construed, and held ni
merits.-Louisville & N. R. Co., v. Fisher (c. to be a contract to manufacture and sell bı
C. A.) 68; Scott v. Louisville & N. R. Co., Id. one to sell