A taxpayer, objecting to a tax levied for roads and bridges in a certain road district of a township on the ground that the labor system had been abolished at an election, had the burden of showing that the election_was

See Criminal Law, § 490; Witnesses, § 257. based on sufficient petition and notice.-Id.

§21 (Ind.) Statement of evidence admissible See Principal and Surety, § 117. and sufficient to prove a contract to marry.Vaughn v. Smith, 96 N. E. 594.

Evidence of a prior agreement to marry held

admissible on the question of existence of the See Deeds, §§ 171, 176.

was an agreement between her and defendant See Constitutional Law, § 46; Fraudulent Con

from defendant's testimony that she moved See Evidence, § 83.

away abruptly, and never thereafter communicated with him.-Id.

Direct and precise evidence of the pecuniary

circumstances of defendant held admissible on See Insurance, §§ 750, 756.

the question of damages, in an action for breach of marriage promise.-Id.

§ 23 (Ind.) Evidence held to warrant a find

ing of a new and valid agreement to marry, See Railroads, § 72; Specific Performance, § after abandonment of a prior agreement within the statute of frauds.-Vaughn v. Smith, 96 N. E. 594.

I. RIGHT OF ACTION AND DEFENSES. | recover on both.-P. Garvan, Inc., v. New York $31 (Ill.) Complainant, in the execution and Cent. & H. R. R. Co., 96 N. E. 717. delivery of a deed in the consummation of an exchange of property in which he was defrauded, held guilty of no such negligence as would justify a court in compelling him to suffer a loss as against a subsequent purchaser of complainant's land.-Forcum v. Brown, 96 N. E. 259.

II. CARRIAGE OF GOODS.

(B) Bills of Lading. Shipping Receipts, and Special Contracts.

§ 47 (Mass.) An employé of a telegraph company, employed in superintending its messenger service, but who called to receive a package which plaintiff had for delivery, held to remain the company's servant, so as to make it liable for his negligence.-Murray v. Postal Telegraph & Cable Co., 96 N. E. 316.

(G) Carrier as Warehouseman. § 140 (Mass.) A carrier's relation to the goods held not to have changed to that of ware houseman prior to the giving of notice of arrival to the consignee.-P. Garvan, Inc., v. New York Cent. & H. R. R. Co., 96 N. E. 717.

(H) Limitation of Liability.

ing relieving a carrier from liability for loss § 150 (Mass.) A stipulation in a bill of ladcaused by fire is invalid, in so far as it attempted to relieve from liability for fires due to the negligence of the carrier's agents or servants.P. Garvan, Inc., v. New York Cent. & H. R. R. Co., 96 N. E. 717.

Law, § 38, regulating the liability of carriers § 158 (N.Y.) Public Service Commissions for the transportation of baggage, held not applicable to a terminal transfer company, carrying a trunk from a railroad terminal to a designated point in a city for hire, independent of any carriage of the owner as a passenger.Morgan v. Woolverton, 96 N. E. 354.

(I) Connecting Carriers.

§ 180 (Mass.) The last connecting carrier held entitled to the exemptions in a bill of lading regulating the entire transportation.-P. Garvan, Inc., v. New York Cent. & H. R. R. Co., 96 N. E. 717.

IV. CARRIAGE OF PASSENGERS. (C) Performance of Contract of Transportation.

not to preclude a street car company from re§ 266 (Mass.) Existence of a custom held quiring a passenger standing in the vestibule to either go inside the car or get off.-Liversidge v. Berkshire St. Ry. Co., 96 N. E. 665.

That a street car passenger has paid his fare does not entitle him as a matter of law to ride in the vestibule until he can with a reasonable degree of diligence gain admission inside the car.-Id.

§ 181, a rule of a carrier of passengers held § 267 (Mass.) Under St. 1906, c. 463, p. 2. reasonable.-Hull v. Boston & M. R. R., 96 N.

E. 58.

(D) Personal Injuries.

The mere taking for delivery of a parcel by § 283 (Mass.) A carrier held required to proan employé of a telegraph company, whose du-tect passengers from violence from employés. ty was not to deliver parcels, held not a con--Hull v. Boston & M. R. R., 96 N. E. 58. version of the parcel, though he was not per- § 284 (Mass.) A carrier held required to prosonally authorized to receive it for delivery. tect passengers from violence from fellow pas-Id. sengers or strangers.-Hull v. Boston & M. R. R., 96 N. E. 58.

(C) Custody and Control of Goods. § 76 (Mass.) Tort against a carrier for loss or damage to goods can only be maintained by the owner, though his ownership need not be absolute.-P. Garvan, Inc., v. New York Cent. & H. R. R. Co., 96 N. E. 717.

(D) Transportation and Delivery by

Carrier.

§ 93 (Mass.) A telegraph company held liable for the negligence of the employé, to whom a bundle was given for delivery, in misdirecting it, and for the negligence of the messenger in misdelivering it.-Murray v. Postal & Cable Co., 96 N. E. 316.

One giving a package to a messenger for delivery within the city held not bound at common law to inform him of its contents and value, in the absence of inquiry thereon.-Id.

(F) Loss of or Injury to Goods. § 136 (Mass.) In an action against a carrier for loss of goods, plaintiff held entitled to go to the jury on both counts, alleging a cause of action in contract and in tort, though it could not

§ 286 (Mass.) Measure of carrier's duty as to providing platform for passenger_while waiting for train stated.-Savageau v. Boston & M. R. R., 96 N. E. 67.

§ 287 (Mass.) A carrier held guilty of actionable negligence in permitting a crush of passengers to so encompass one of them as to push her from the platform into a pit, causing the injuries complained of.-Kelley v. Boston Elevated Ry., 96 N. E. 1031.

§ 306 (Ind.App.) Two carriers using a station in common held liable as joint tortfeasors for injuries to a passenger caused by defects in the station platform.-New York, C. & St. L. R. Co. v. Reilley, 96 N. E. 623.

$315 (Mass.) A declaration charging only negligent operation of a car held not to authorize recovery for mere negligence of using a defectively equipped car.-Lemay v. Springfield St. Ry. Co., 96 N. E. 79.

$316 (Mass.) On evidence in an action for injuries by a train to a passenger on a station platform, held, that no inference could be drawn that the engineer was negligently run

ning at such an excessive or unusual speed as to endanger the plaintiff.-Savageau v. Boston & M. R. R., 96 N. E. 67.

317 (Mass.) In an action for injuries to a passenger while boarding a street car at defendant's terminal, evidence held admissible to show the arrangements of the terminal and the safety of the mode of service adopted.Kelley v. Boston Elevated Ry., 96 N. E. 1031.

§ 320 (Mass.) Whether a railway station platform so constructed that cars on the track projected over it was reasonably safe for the use of passengers held for the jury.-Savageau v. Boston & M. R. R., 96 N. E. 67.

CEMETERIES.

See Contracts, § 62.

CERTAINTY.

See Charities, §§ 17, 21, 22, 37; Taxation, 421; Trusts, § 21.

CERTIFICATE.

See Acknowledgment; Appeal and Error, & 711; Bridges; Embezzlement, § 8; Evidence, $215; Highways, § 127; Insurance, 780; Municipal Corporations, §§ 217, 499.

CERTIORARI.

§ 320 (Mass.) In an action for injuries to a passenger in consequence of the door of the coach closing while he attempted to leave the See Appeal and Error, § 648. coach, evidence held to authorize a finding of actionable negligence.-Kellogg v. Boston & M. R. R., 96 N. E. 525.

§ 320 (Mass.) In an action for injuries to a passenger by the fall of a tool left standing in the vestibule by another passenger, whether the carrier was negligent was for the jury. Luddy v. Old Colony St. Ry. Co., 96 N. Ě. 675. § 322 (Ind.App.) A special verdict in an action for injuries to a passenger held not in irreconcilable conflict with the general verdict.

New York, C. & St. L. R. Co. v. Reilley, 96

N. E. 623.

(E) Contributory Negligence of Person Injured.

§ 327 (Mass.) Standard of care as to trains on part of passenger on railway station platform waiting arrival of train stated.-Savageau v. Boston & M. R. R., 96 N. E. 67.

§ 333 (Mass.) A finding that a passenger, injured while alighting from a train, exercised due care, held justified.-Kellogg v. Boston & M. R. R., 96 N. E. 525.

(F) Ejection of Passengers and Intruders. § 350 (Ind.App.) One who boards a street car and pays the regular fare cannot be expelled, if he is not guilty of misconduct.-Indianapolis Traction & Terminal Co. v. Lockman, 96 N. E. 970.

I. NATURE AND GROUNDS.

§ (Ill.) Certiorari runs against individual acquired, and have not exercised, their jurisdictribunals only to determine whether they have tion.-Conover v. Gatton, 96 N. E. 522.

§ 26 (N.Y.) Under Town Law, §§ 270-280, 281, held, that certiorari might be invoked against a board of district water commissioners in a town, where their action in paying any claim was alleged to be unlawful.-People ex rel. Farley v. Winkler, 96 N. E. 928.

II. PROCEEDINGS AND DETER

MINATION.

Court in a divorce suit held not reviewable by § 59 (Ill.) Conclusions of the Appellate the Supreme Court on certiorari, no crosserrors having been assigned by defendant in error.-Garrett v. Garrett, 96 N. E. 882. CHALLENGE.

See Jury, 88 61, 137.

CHAMPERTY AND MAINTENANCE.

§ 4 (Ind.App.) A contract and bond held champertous and void.-Lancaster Township of Wells County v. Graves, 96 N. E. 172.

The common-law rule making maintenance and champer tous contracts void is in force in Indiana.-Id.

$ 352 (Mass.) A carrier is answerable for the conduct of its brakeman and station agent who assisted the conductor in wrongfully ejecting a passenger.-Hull v. Boston & M. R. R., See Equity. 96 N. E. 58.

§ 355 (Ind.App.) One who refuses to pay fare may be treated as a trespasser, and eject- See Venue. ed without the use of unnecessary force.-Indianapolis Traction & Terminal Co. v. Lockman, 96 N. E. 970.

§ 359 (Mass.) Refusal of a passenger to comply with a rule of the carrier held to authorize his ejection.-Hull v. Boston & M. R. R., 96 N. E. 58.

360 (Ind.App.) A passenger, after paying fare, may by his misconduct justify the rescission of the contract of carriage and his ejection.-Indianapolis Traction & Terminal Co. v. Lockman, 96 N. E. 970.

$365 (Ind.App.) Where the servants of a carrier, without authority, expel a passenger in an improper manner, or at an improper place, the passenger may resist as far as is necessary to maintain his right.-Indianapolis Traction & Terminal Co. v. Lockman, 96 N. E. 970.

Plaintiff, having been wrongfully ejected from a street car, was entitled to immediately reboard the same and to remain thereon until he arrived at his destination.-Id.

See Action.

CAUSE OF ACTION.

CHANCERY.

CHANGE OF VENUE.

CHARGE.

See Telegraphs and. Telephones, $$ 33, 34.
To jury, see Criminal Law, §§ 757-829, 1090,
1130, 1137, 1172, 1178; Trial, §§ 191-296.

CHARITIES.

See Courts, § 219; Perpetuities, § 8; Tele-
graphs and Telephones, § 34.

I. CREATION, EXISTENCE, AND VA-
LIDITY.

§ (Mass.) A charity held not confined to mere almsgiving or relief of distress, but to include the improvement and promotion of happiness.-Little v. City of Newburyport, 96 N. E. 1032.

That the right to vote and hold office in a young men's Christian association was limited to active members was immaterial to the association's character as a charity.-Id.

That a young men's Christian association requires the payment of annual fees for benefits is not decisive against its character as a charity.-Id.

§ 4 (N.Y.) A will, being susceptible thereof, will be given a construction sustaining a gift in

trust as one for charity. In re Robinson's Will, 96 N. E. 925.

87 (N.Y.) Trusts to charitable uses are sustained, though the beneficiaries are not necessarily confined to residents of the state.-In re Robinson's Will, 96 N. E. 925.

$45 (Ohio) That a public charitable hospital receives pay from a patient held not to affect its character as a charitable institution, nor its rights or liabilities as to a patient.-Taylor v. Protestant Hospital Ass'n, 96 N. E. 1089.

A public charitable hospital, though condnetfor injuries to patient from negligence of nurse. ed under private management, held not liable

-Id.

810 (N.Y.) A bequest held within Personal Property Law, § 12, authorizing gifts to religious, educational, charitable, or benevolent uses. In re Robinson's Will, 96 N. E. 925. § 11 (Ill.) A will devising and bequeathing See Rape, § 40. property to trustees for the benefit of a hospital held to make a gift to a hospital bestowing free treatment on tubercular patients.French v. Calkins, 96 N. E. 877.

$ 12 (N.Y.) A gift held not without the bounds of charity, because for "specific," as well as general, education.-In re Robinson's Will, 96 N. E. 925.

§ 13 (Ill.) A bequest to the rector, wardens, and vestry of an Episcopal church held a good charitable bequest.-French v. Calkins, 96 N. E. 877.

CHASTITY.

CHATTEL MORTGAGES.

See Principal and Agent, § 137; Sales. § 182.
I. REQUISITES AND VALIDITY.

(A) Nature and Essentials of Transfers of

Chattels as Security.

face, to amount to a chattel mortgage.-Gam§ 34 (Mass.) A transaction held not, on its son v. Pritchard, 96 N. E. 715.

§ 40 (Mass.) Whether a transaction consti§ 17 (Ill.) A testamentary gift to trustees tutes a chattel mortgage or a pledge may defor a payment in part to a hospital held not pend upon the intention and conduct of the void for uncertainty on the ground that noth-parties, so as to make the question one for the ing might remain after specified payments for the hospital.-French v. Calkins, 96 N. E. 877. jury.-Gamson v. Pritchard, 96 N. E. 715. CHEAT.

§ 20 (Ill.) A valid bequest to charity may be made to a corporation not in existence for a charitable purpose.-French v. Calkins, 96 N. See False Pretenses; Fraud. E. 877.

§ 20 (N.Y.) A bequest for charitable uses may, under direction of the will, be administered and enforced by and through a corporation subsequently created for that purpose.-In re Robinson's Will, 96 N. E. 925.

CHILDREN.

See Landlord and Tenant, § 169: Negligence. S 85, 136: Parent and Child; Railroads. § 387; Street Railroads, §§ 100, 112, 117, 118; Witnesses, § 40.

$21 (I.) A testamentary gift to trustees to pay property to a hospital offering to care for tubercular patients held not void for uncertain- See Process. ty. French v. Calkins, 96 N. E. 877.

§ 21 (Mass.) Privilege of membership in

CITATION.

CITIES.

Young Men's Christian Association held suffi- See Municipal Corporations.
cient to meet the requirement of indefiniteness
as to beneficiaries to constitute a public charity.
-Little v. City of Newburyport, 96 N. E. 1032.

$21 (N.Y.) Certainty as to beneficiaries is required in a will making a gift to charity, notwithstanding Personal Property Law, § 12.In re Robinson's Will, 96 N. E. 925.

Personal Property Law, § 12, sustaining a gift to charity, though indefinite as to beneficiaries, held to apply only to a gift for a public purpose.-Id.

§ 22 (Ill.) Words following a gift for a charity held sufficient to create a trust.-French v. Calkins, 96 N. E. 877.

§ 22 (N.Y.) Certainty as to purpose of testator is required in a will making a gift to charity, notwithstanding Personal Property Law, § 12.-In re Robinson's Will, 96 Ñ. E. 925.

II. CONSTRUCTION, ADMINISTRA-
TION, AND ENFORCEMENT.

CITIZENS.

See Divorce, § 62.

CIVIL SERVICE.

See Mandamus, § 187; Municipal Corporations, § 217.

CLAIM AND DELIVERY.

See Replevin.

CLAIMS.

See Bankruptcy. § 363; Compromise and Settlement, $$ 5, 25; Executors and Administrators, §§ 256, 272; Partition, § 88.

CLASSIFICATION.

See Drains, §§ 72, 73.

CLERKS OF COURTS.

§ 36 (N.Y.) Words in a will as to purpose of See Witnesses, § 359.

a gift held required to be read with words preceding and following, and to be limited thereby. -In re Robinson's Will, 96 N. E. 925.

CLOUD ON TITLE.

§ 37 (Ill.) A gift to charity will not be al- See Quieting Title.

lowed to fail for uncertainty as to the persons who are to take, or because the manner specified for managing the gift cannot be carried

CODICIL.

into exact execution.-French v. Calkins, 96 N. See Wills, §§ 184, 476, 481, 601.

E. 877.

§ 45 (N.Y.) A charitable corporation cannot

CODIFICATION.

escape liability for a tort against a stranger, See Statutes, §§ 147, 167.
because it holds its property in trust to be ap-
plied to purposes of charity.-Kellogg v.
Church Charity Foundation of Long Island,
96 N. E. 406.

COHABITATION.

See Divorce, § 51.

I. POWER TO REGULATE IN GEN- COMPOSITIONS WITH CREDITORS.

III. MEANS AND METHODS OF REG- sum tendered, accompanied by acts or declara

See Carriers, § 93; Champerty and Mainte- See Chattel Mortgages.
nance; Forgery; Homicide, §§ 127, 253;
Husband and Wife, § 9; Railroads, § 361;
Sales, § 120; Set-Off and Counterclaim; Tele-
graphs and Telephones, § 34.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER