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ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

Page ACCOUNT. Correcting mistake..

330 ATTORNEY AND CLIENT. Settlement of j ACCOUNT STATED. Fraud in

259

ment by, defendants' attorney without notice See Agency, 309.

plaintiffs' counsel ACCRETION. Constructing pier in front of plain- Gift ; burden of proof tiff's property; measure of damages....

95 Privileged communication. ACTION. In Federal court, uo bar to another in AUDITOR'S CERTIFICATE. Assignm State court

149 notice.... On bonds of another State; assigned for collection; absolutely owned by plaintiff; defense

351 ADVERSÉ POSSESSION Easement; uninten

BAILOR AND BAILEE. Lien for general bala tional building beyond boundary...

384

BANKRUPTCY OF plaintiff since suit Unoccupied building; tacking; purchase of trust estate, 239

menced; supplemental pleading AGENCY Broker; commissions

Discharge; effect of...

433 Clearing house statement; account stated

--; new promise 309

Limitation of action; Rev. Stat., 85057 ; restrain To collect; taking note ..

416 Contract by agent for infant principal; infancy a de

execution on judgment In ejectnient obtained

assignee fense personal....

18 Deposit of money of principal by the agent; liability

BANKS Authority of president; written contra of depositary to agent for delivering the money to

parol evidence.. the principal

Forgery of check by depositor's clerk; neglect

39 Estoppel of agent to allege illegality of contract as

depositor to examine vouchers; estoppel against principal

Liability as collecting agents ; bank retaining unp 39

check Evidence to prove status of parties

296 Failure to disclose name of principal; evidence; mar.

National; certificate of deposit ket value of goods sold

Savings ; power of treasurer to borrow money.

150 Ostensible authority; ratification

unauthorized investment: personal securitie

177 Purchasing principal's property; when confidential

BASTARDY. Juror unfriendly to attorney; prese

of child agent may purchase; good faith

255 To sell; receiving payment; notice printed on bill

Subsequent marriage of the mother; liability of

374 Unauthorized act of; volunteer; silence; ratification. 277

band to support child ANIMALS Injury by; contributory negligence..... 343

BETTING: Stakeholder paying over after notice APPEAL. Allowing written papers on

BILL OF PARTICULARS. In false impris 303

ment Amount involved; joinder of decrees on distinct causes

BILLS AND NOTES. See Negotiable Instrume of action.

372 Injunction; supersedeas; equity; rule 93

37 Jurisdiction of Supreine Court; Anal decree of judg- CARRIER. What constitutes “baggage"; reasc ment

436 able quantity; question for jury Jurisdiction; less than $5,000; interest of bonds; suing Bill of lading; evidence to explain ; consignee blau for others

413 advancement of money by bank ; negligent deliv --; collusion; couniy; alien.

436 of goods; right of bank Nunc pro tunc order; criterion of value; evidence +13

Delivering goods without production of bill of ladi Reviewing facts; contract for building; consideration, 410 Liability for death of dog Measure of damage

173 Ejection of passenger for not paying fare Amount 'of supersedeas bond

455 Ejectinent of passenger by conductor of connecti Trustee in railroad mortgage; amount in dispute 55 road for failure to pay fare ; payment of fare to co Undertaking on; Code, 7 1351, 1327, 1329

391 ductor of other road.. Must be executed by appellant...

158 Lien for freight; performance of contract. Weight of evidence; evidence of market value; price Negligence; starting train before a party has got of realized at anction; usage.....

350

Passenger; negligence; evidence; charge to jury... ARBITRATION. Agreement for; effect on pond

--; riding on construction train. ing suit

510 Recovering back excessive freights paid without ASSIGNMENT. Cause of action for fraud

75 jecting.. See Auditor's Certificate, 253

Shipper; bill of lading; negligence; address... ASSIGNMENT FOR BENEFIT OF CREDI- Stoppage in transit; goods at station; liability of ca TORS. Effect in another State ; conflict

of law. 497 rier.. Acknowledgment..

252 Voluntary payment; action to recover excess.. Fraudulent precedent mortgages...

395 CERTIORARI: To review assessment ; appeal to Mortgage; creditors' action; personal judgment 293 taken within sixty days; indorsement; Rule 2; Partnership; dissolution; survivor; omission of assets 473 preme Court.... Preferring laborers, servants and employees.

79 CIVIL DAMAGE ACT Support of plaintit Preferring relatious; borrowed capital; assignment to

pauper son;

measure of damages. protect lenders

275 CLOUD OF TITLE. Jurisdiction ; at law.. ATTACHMENT. Creditors' action; judgment; CONSTITUTIONAL LAW: Arms, validity rules of construction

149 State Statute prohibiting parades with.. Creditors may attack judgment obtained by fraud 299

Assessments; hearing to land-owners.. Creditor with notice of, transfer of property.

96 Commerce inter-state ; taxation of sleeping-cars.. Exempt property

19 ---; tax on sale of liquor; Michigan statute.... ATTORNEY. Disbarment; accepting retainer on Companies, State regulation of telephoue.. both sides

209 Contract, obligation oľ; grant of exclusive privilege Women Dot entitled to admission....

402 abrogation of monopolies; granting privilege See Contempt.

third party... VOL. 33.

22

22

CONSTITUTIONAL LAW-Continued. Page.
Due process; of law; railroad fence law, Missouri;

damages; power of Legislature to fix fines and pen-
alties

16
Evidence, rule of.

336
Excluding persons from skating rink,
Imprisonment of party in contempt for refusing to

obey order in proceedings auxiliary to execution;
Code, $ 3155.

153
Infamous offense..

372
Internal Revenue; exportation stamp.

332
Ordinances restricting trade

488
B; prohibiting laundries in cities void

315
Police power; Louisiana quarantine laws..

494
Probibítory liquor law; effect on previously acquired
property

224
Retrospective laws; curative acts; subscription to
railroad

267
Statute; private claim; title

410
--; title embracing more than one subject

413
-; curative act of 1885, chap. 17; “local or private
bill

35
--; authorizing verdict by less than twelve jurors;
right of municipal corporation..

196
Suit against State

298
Taxation; I R. S. 398, $ 2 ; ' possession

13
i property of United States by a State..

333
-; assessment of cost of repaving highways. 335

See Guardian and Ward.
CONTEMPT. By attorney; what constitutes..... 874
Striking an attorney during recess

316
Refusal to obey subpæna of legislative committee.... 316
Perjury ...

187
Willfully false verifed answer
Witness attending Federal Court

37
CONTRACT Acting as secretary; compensation.: 371
Breach of performance..

294
---; by anticipation; what constitutes..

413
Lease ; covenant to rebuild.

327
Carrying mail; U. S Rev. Stat., $ 3963; principal and
agent; evidence; Jetters; telegrams

14
As to Confederate notes made during Rebellion; State

statute ; enforcing lien for purchase-money of land. 55
Consideration; forbearance to sue .

19
Dividing profits on sale of real estate ; taking advan-
tage of own default

272
Evidence to explain; books of account.

371
Order in language unfamiliar to signer; parol evi-
dence....

476
Made to defraud third persons..

294
Gambling ; innocent plaintiff; counter-claim by guilty
defendant

312
Implied covenant; damages.

411
Illegal purpose; no recovery

498
Voidable for intoxication

476
Mutual assent; offer pot accepted in time ; dispute
as to terms.

54
Prizes for painting; award of judges..
For prompt delivery

232
Public ; successor to contractor; payment

436
oficer ; when not liable

257
policy: comproruising criminal offense

178
Rescission for fraud; mistake...

17
Sale of land and business ; false representations ; ovi.
dence..

275
To convey real estate; acceptance of offer; specific
performance

195
"To satisfaction

.82, 223, 243, 383
Separable or entire; right to rescind

.63, 78
Subscription: offer to subscribe to stock of railroad;
revocation by death

198
for building; waiver of architect's certificate.... 371
Two instruments executed at same time

151
CONVERSION. Possession of property obtained

hy fraud: artion against bona fide purchaser. 276
COPYRIGHT. Infringement; making and selling
cut froin illustrated newspaper...

306
In judicial opinions; contract with publisher......304, 403
CORPORATION. Asylum for aged ; surrender ol
property by inmates ; public policy; fraud .

383
Domicile; effect of statute upon; chartered in several

States : stockholders, meeting in one : mortgage by
directors before statute authority given; ratifcation
by Legislature ; United States Circuit Court; jurig-
diction over a decree of State court; bankruptcy ;
adjudication; impeachment of; laches; right of ac-
tion ....

495
Educational ; pecuniary pront"; "acquire" 457
Foreign; jurisdiction

156
Liability of parties attempting to form corporation;
grading and extension of street; members not part-
Ders

153
omcers: power to give chattel mortgage.

396
Acts of a quorum

155
Subscriptions to stock

374
COURTS. Territorial; organization

474
COVENANT Eviction; paramount title; raising
mill dam; flooding land

See Deed.
CRIMINAL LAW Abortion; evidence; privileged

communication; Code Civ. Proc., & 834; res gustæ ... 149

CRIMINAL LAW-Continued.

Page.
Act constituting two offenses; prior conviction. 158
Arrest ; liability of officer for arresting for drunken-
ness; mistake

443
Assault; intent to steal; character of weapons ;
“deadly".

20
Bawdy and disorderly 'houses; letting house for pur-

poses of prostitution; reputation of house of defend-
ant; knowledge may be shown by circumstantial
evidence..

276
Contempt; disobedience to district attorney's sub-
pena

10
Embezzlement; municipal bonds.

516
Dying declarations.

317
Evidence; res gestæ; declarations of prisoner to his
wife

102
Exceptions; evidence; Code of Criminal Procedure,
620; reasonable doubt...

13
Evidence of distinct crime; murder; resisting arrest . 457

murder and manslaughter; evidence as to in-
tent; other offenses.....

237
Forgery; uttering forged notes; evidence of other acts. 396
Homicide to prevent felony

408
i provocation; cooling time

498
; expert evidence: uncontrollable impulse.

434
; larceny; indictinent

412
; self defense; duty to retreat.

375
Indictment; exception not alleged.

95
Juror; opinion; homicide; premeditation and delib-
eration

330
-; competency; time of swearing...

434
Larceny.

457
--- ; parting with possession; title in bailee

20
; lent sovereign; supposed shilling.

68
Loitery: prize packages; indictment; duplicity

236
Once in jeopardy,

147
Polygamy; jurisdiction

495
-- Act of March 22, 1882; cobabitation ; definition of

the word under the statute; indictment; omission
of allegation that defendant is a male person ; Utah
Crim. Procedure act.

96
Reasonable doubt

143
Rape; what constitutes ; instruction as to evidence. 158

; evidence; necessity of corroboration of prose-
cutrix.....

317
; juror; opinion ; defendant as witness

391
Sale of intoxicants to minors; agents' disobedience..
Cumulative sentences

432
Verdict; correcting mistake.

59
Wife, when under control of husband..

336
CUSTOM DUTIES. Silk laces; "spotted or dotted
net

16
Proprietary medicines,

414
DAMAGES. Conversion of timber

274
Ejectment; mesne prost; Code Civ. Proo., $$ 1496, 1531. 52
Exemplary; when recoverable in tort..

273
False imprisonment; charge to jury..

233
Interest...

259
Loss of property caused by back-water from dam be-
low..

195
Measure; breach of contract; penalty.

235
--; on failure of title to chattels sold.

364
On injuction bond ; counsel fees..

163
Profits; uncertainty of amount.

106
DEBTOR AND CREDITOR. Composition; good
faith; taking secret advantage

11
DEED." Assuming "mortgage.

251
Award of damages for closing road; warranty.

:71
Construction; description; road-béd..

116
Delivery after death of grantor.

264
Evidence to show a mortgage...

436, 455
Grant of land on which to build dam; when carries fee, 56
Religious corporation ; conveyance of land for purpose
of erecting a church only...

197

440
Restriction of use; injunction.

439
DIVORCE See Marriage.
DOWER See Marriage, Partnership.
DURESS. Arrest under lawful process; compromise
of doubtful claim....

155
EASEMENT. Use of stairway; hall in common. 194
Alley-way; prescriptioo..

11
EJEĆTMENT. Execution of writs of possession;
limitation

434
ELECTIONS. Registry laws..

452
Registration; liability of selectmen for erasing name
of voter.

336
EMINENT DOMAIN. Use of alley; award of dam-

ages; noise; smoke, etc.; depreciation of rental

value
Water-course; evidence.

337
EQUITABLE:LIEN. Real estate : repairs of; trust. 391
ESTOP EL. See Agency..

39
EVIDENCE Admission of party; negotiation for
settlement

392
Ancient deed; when admissible where execution not

proved ; summons ; service on non-resident; pre-
sumption ...
Good character of plaintiff ; action on a fire polioy 178

498

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EVIDENCE-Continued.

Page: | INJUNCTION--Continued.
of plaintiff's bad reputation; admissible in action for Dedicated street; not accepted; public hack men n
malicious prosecution

23 enjoined from using .
Deposition of witness in extremis

392 To prevent platform overlooking base ball ground
Dying declarations...

20 Remedies at law.
oi foreign statute.

376 To restrain diversion of water without damage
Fraud ; admission and declarations of vendor after INNKEEPER. Who is guest
sale

272 Loss of money deposited by party not a guest; a
Judicial notice ; public survey

373 thority of olerk ; who is guest; gambler coming
Legitimacy of child ; declarations by mother that it is

make deposit not....
illegitimate...

324 INDIANS. Rights of Cherokees under treaty
Letters; when opposing party entitled to put them in Criminal jurisdiction ; appropriation act of 1885

evidence; corporation : letters of officers of; of INSANITY. Adjudication of lunaoy; conflictii
attorney of; confidential comnunication....

257 judgiuent; payment by bank to committee
Note owned by witness..

375 As a defense; test of accountability; knowledge
Opinion; expert

457 right and wrong
Common knowledge

440 Distribution of estato ; lease; committee not liabl.
As to direction of fatal blow..

182 lessor has no preference
Non-expert ; value of ring; comparison.

243 Intoxication; burden of proof; equity pleading; ai
Res gestae

412 swer under oath ; deed; consideration; bastard
Parol; collateral agreement..

476 undue influence.
To vary writing; promissory note; want of considera- INSOLVENCY Invalid discharge; subsequei
tion; champerty as bar....

436 payment by assignee..
Pedigree; ancient deed....

373 INSURANCE. Authority of agent.
Personal transaction

123, 203, 323, 376 Stipulation limiting agenis' powers; request as
Preponderance in civil cases; embezzlement.

393 corrections; acquiescence in fraud,
Action to recover penalty ; proof beyond a reasonable Notice of cancellation to agent; custom; proof
doubt....

175 loss; waiver
Public records ; sworu copies.

56 Accident; driving for sport.,
Practice; direct answer

392 * External, accidental and violent means";
Reading book to jury

323 ease"; insanity.
Negative ; negligence ; contributory.

309 Alteration in policy by insurer at request of holder.
Weight of negative testimony..

317 Assignment of policy; transfer as collateral...
EXECUTION. Mistake in levying; sheriff's return. 135 Cancellation for Intemperance.

Setting aside sale for fraud and inadequacy of price.. 334 Fire; severable contract...
Sale under; trover by purchaser of logs made from Occupation of dwelling
trees cut on land

278 Spontaneous combustion.
EXECUTOR AND ADMINISTRATOR. Waiver; principal and agent
Acceptance of draft; when not binding on estate 294 Right of policy-holder to reinsuring company.
Acceptance of confederate currency; estoppel of lega- Life policy; assignment; premiums..
tees

352 ; by father for son ; assignment
Bonds executed by one surety; agreement as to execu-

; husband for wife; surrender by husband.
tion by other sureties; estoppel....

196

; taken upon life of a man by bis murderer.
Commissions; two capacities; basis

286

; paid-up policy; election......
Creditors' deferred claim; oral statements of executor 156 ; wife beneficiary; judgment against husband and
Diligence; claim against himself in solvency... 376

wife; creditor's bill to reach policy......
Improvidence ; removal.

169

-; invalid surrender; forfeiture for non-payment
Of inarried woman; funeral expenses

365 of premium ; waiver; fraud of insurer...

Marine ; abandonment of vessel; acceptance by in
FIXTURES. Furnace and pipes ; grantor and gran-

surer; evidence
tee

499 ; contract; subrogation of carrier..
Machinery; as between mortgagee of land and mort-

; injured by “ a sea"; valued ; policy.
gagee of machinery

318 Mutual ; changing beneficiary....
FORCIBLE ENTRY AND DETAINER. Un. Renewal
der renant not made a party; occupancy of servant

INTERNAL REVENUE. Act, March 1, 1879,
is of tenant....

238 chap. 125, 5 12; having cancelled stamp in possession
FORMER ACQUITTAL Pleas in a civil action.. 233 indictment..
FORMER ADJUDICATION. Distinct and sepa- Action to recover illegal tax; presentation of claim to
rate causes of action to recover for the same work.. 252 commissioner of internal revenue..
See Insanity, 310.

Compensation of collectors; Act of March 1, 1879.
FRAUD AND FRAUDULENT COUVEY- Sale of tobacco by coin mission merchant'; tax for
ANCE Bond ; opinion as to law

337, 353

stamps before removal from warehouse..
Condidential relations; conveyance to adopted son; Suit in rem pleading under State statute; Revised
mental capacity; burden of proof .

275 Statute, & 914...
Conveyance to defeat alimony: burden of proof; rem-
edy ; retroactive statute.

75 JUDGMENT. Discharge in bankrputcy; omission
Evidence; nonguit; admissions...

350 to plead that defense..
Declarations of vendor after sale; res gestæ; conspi-

Res adjudicata...
racy to defraud

174

--; perjury; affidavit; intent..
Gift by creditor to children of debtor after settlement. 373 Setting aside for fraed..
Intent to defraud; accepting property and agreeing to JUDICIAL SALE Lands sold not included in
pay debts; good faith

278

potice of sale ; correction of mistake; effect of or-
Intent; knowledge of grantee: mortgage to secure

der of confirmation
bona fide debt

193
Rescission and suit for damages; election; laches; res

JURISDICTION Amount in dispute; claims of

damages
adjudicata ......

330 Federal question; record ; error to State court..

Proceedings to dentify coupons of Virginia bonds
GIFT. Action to compel transfer of stock...

440

Act of March 3, 1875
GUARANTY Execution without previous request; Supreme Court of the District of Columbia ; over
future advances

56
Notice of acceptance,

judgments after term; Maryland authorities

58 Waiver of want of; fraudulent conveyance ; con-
GUARDIAN AND WARD. Sale under order of

sideration ; presumption....
probate court; dispensing with boud; constitutional

See Appeals; Patents.
law; deprivation of property....

474 | JURY. Disagreement; discharge; prisoner not noti-

fied..
HABEAS CORPUS. Petitioner held under State Misconduct after sealed verdict
process : jurisdiction of circuit court; discretion... 353

See Trial, 173.
HIGHWAY. Dedication; acceptance by public; evi- JUSTICE OF THE PEACE. Action against for
dence ; obstruction; Penal Code, $ 385

331 failure to enter judgment..
Laying out private road; description; commissioners' LACHES. Remedies; accounting.
report.

135 LANDLORD AND TENANT. Apartment house;
What is "onstruction

sub-letting ; consent.
Owner of lot on city street not bound to trim trees Covenant to pay for improvements erected on land ;
planted on street by city..

covenant running with land; right of grantee and
See Ways.

assignee...
HUSBAND AND WIFE See Marriage.

Entry to make repairs ; deduction of rent..

Negligence ; area .
INFANCY. Necessaries ; horse; offer to return and Parol assignment of lease; Statute of Frauds
demand of price

338 Reservation of clay; construction...
INJUNCTION. Against prosecution of suit in an- Summary proceeding; judgment; estoppel; discrep-
other State

506

ancy between summons and copy ; waiver ..

58

376

LANDLORD AND TENANT-Continued. Page

Page.
Surrender.
155 MORTGAGE. Assignment or discharge.

458
Repairs ; injury to goods of sub tenant

278 Assumption by grantee subject to deed of trust;
Use and occupation; grantor remaining in possession. 331 mortgagee by accepting security not estopped from
LAND GRANT. Intersecting railroads ; title to

suing for deficiency

15
land at crossing

394 When purchaser of equity assumes; subrogation... 499
LIBEL AND SLANDER. Slander of business ;

scription; general words.

438
prevention of publication of directory
486 Evidence to show deed.

278
Calling lawyer " shyster"; malice; evidence of other Foreclosure; collateral agreement to delay'foreclosure. 372
publications

154

; right of government to redeem; Statute of
Charge of illegitimacy..
163 Limitation; laches...

175
In newspaper ; liability of vendor..
283 Lease; redemption costs, on..

454
Privileged communication

211

; second mortgage to secure bond ; deiciency 34
; interest

323 Insurance policy as collateral; payment of policy to
i candidate for judicial preferment.
468 one mortgagor; liability of others

438
hewspaper publications concerning candidates By wife of partner; consideration; extending pay.
for office; malice ; damages

277
ment of Arm notes; burden of proof..

412
remarks of school superintendent on teacher. 307 Second mortgage with knowledge of Arst; priority.... 153
Special damages

500 Setting aside ; mental capacity to execute ; evidence. 236
LICENSE For carriage used during repairs on Chattel; description of property; uncertainty.

196
another.

503 --; goods left in possession of mortgagor; fraud 216
LIEN. Making lumber and shingles out of lugs of

; equity of mortgagor ; attachment..

240
another.

193
i sale of mortgagor's interest n oexecution.

346
LIQUORS Sale by married woman; bond ; power MUNICIPAL BONDS. De jure and de facto off-
of city council as to approval

216
cers; ratification.....

514
Pleading; authority to issue

497
MALPRACTICE Form of action against physi-

Preferred creditors; constitutional law

474
cians, firm Jiable

For railroad companies; repeal of statute; mandamus 455
MANDAMUS Discretion of court
174 Recitals; estoppel; bona fide holders

17
Government officer and Secretary of State

253 Town bonds ; refunding act ; chap. 74, Laws 1878.. 311
See Railroad.
Validity.

455
MARRIAGE. Action by wife against husband;

MUNICIPAL CORPORATIONS Appropria-
statute of limitations..

tions for public concerts; statute,

338
Action for maintenance; service of process in another Implied authority to hire pier; owner may maintain
State.

377
action for use of

135
Conversion of money ; action by wife against stranger 229 Inherent powers ; purchase of fire engine..

440
Wife's action for enticing away husband.. 235, 263 Expenditures; judicial interference; compelling levy
Annulling for fraud; pregnancy of wise..
157 of tax to pay judgment

74
During pregnancy by another; father not liable for

Division of limits; new corporation, when liable for
support of child....

43
debts

234
Breach of promise ; physical incapacity as a defense.. 363 Imprisonment under void ordinance; action for false
Contract between husband and wife

57
imprisonment ..

356
Gift to wife of debtor; by execution creditor.

179

Officers ; liability for acts of; sewage commissioners.. 227
Loan from wife to husband; choses in action ; reduc.

Tortious act of tax collector; city not liable..

30
ing to possession : parent and child...
256 Probibiting preaching on Boston common....

123
Iinplied authority of husband as to control of bouse- Sewer, stream converted into; liability for damages
hold goods in hands of carrier.

196
by.

355
Wife giving note for husband's debt; bona fide holder 251 ~; construction ; liability for damages by.

998
Wife separated from husband may eject intruder en.

; liability for..

456
tering her house by husband's authority.
103 Sidewalks ; snow and ice...

62, 355
Divorce for adultery; connivance
370 Contributory negligence ; what is notice to city.

393
--; evidence necessary to establish adultery
311 Injury caused by absence of sidewalk..

237
in other States; jurisdiction ..

Assessment for local improvement; market space 355
Dower in surplus after foreclosure ; attaching credi-

Power of city to codify ordinances ; ornamental en-
1777 trance to house; obstructing view...

396
Separate estate of wife ..

177 Street improvements; abandonment; right of lot
Promise by widow to pay her void note inade during

owner to recover assessment paid.

238
marriage..

354
Extension over irailroad tracks

396
MASTER AND SERVANT. Damages; proxi.

Perinitting steain railway in street; liability to adja-
mate and remote cause; sounding whistle...

215
cent lot owners

354
Discharge during term ; remedy
460 Kuowledge of defect

355
discharged for speculating in stocks

208

Injury from falling show bill-board; contributory neg-
suit hy servant against master for debt arising out

ligence...

517
of independent transaction not a cause for discharge. 215

Obstruction of street ; stepping stone;

412
disobedience on one occasion...
123, 143 Taxation; ultra vires..

484
Independent contractor.

270
Employees of different masters; “ fellow servants 132 NAVY DEPARTMENT. Contract by; how exe-
Fellow servant; supervisor; burden of proof..
438 cuted

456
-; contractor and brakeman

362

NEGLIGENCE." Remote cause ; defective road;
train dispatcher and brakeman; running train

runaway horses killed by cars.

464
over track of another company
38 Agister; infected pasture; Texan cattle

302
Infant servant;,dangerous occupation; duty of master Communication of fire..

248
as to caution, etc....

517 Damages ; one of two causes; defendant responsible
Negligence.

215
for one......

272
; concurrent-passenger and driver of hired hack. 189 Duty of owner of machinery to stranger.

251
-; of co-servant and master,

298 Eaves-drip....
i covered railway bridge; company's duty to em-

Evidence; similar acts of carelessness

57
ployees : employee's duty to know of defects. 259 Excavation near highway; liability of owner of prem-
; low bridge. .
42 ises; who a trespasser

110
; defective machinery.
272 Infants ...

92
-; dynamite magazine..

284, 447
Skid across sidewalk

123
; safe appliances; usual risks.
198 Loss of clothes of tailors' customer while trying on

502
Contributory negligence; dangerous occupation; pre- Contributory; negative evidence..

309
sumption of knowledge...

458
; action for death

477
; defective elevator ; question for jury

11
; defective highway..

19
; defective bumpers,

15 - communication of fre; leaving combustibles on
working with dangerous machine after com-

and near railroad

438, 478
plaint......

62
; oil-well

178
; unsafe appliances..

; riding in baggage car to smoke

483
incompetent fellow-servants: presumption.. 3:38 ; transgressing ordinance to avoid personal injury. 518
; choice of hazardous course .

236 Iujúry to volunteer signaling railroad train; contribu-
; negligence of co-servant; statute
288 tory negligence,

278
i railroads; negligence of construction contrac-

Release of claim; failure to read; estoppel.

78
tor

517 NEGOTIABLE INSTRUMENT Action by ac-
Authority of railroad division superintendent to em-

comuodation indorser; evidence; personal transac-
ploy surgeon for passengers injured by railway

tion

351
accident

193 Action against acceptor; acceptance induced by fraud
MECHANICS' LIEN Drain pipe..

499
of drawer.

114
Sub-contractor; sand and timber hauled to premises. 142

Action for interest without demand

478
MINING CLAIM Property of locator in rem ; Agency; undisclosed principal..

417
limit, how determined...
513 Alteration; adding witness..

499

396

tors .....

262

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