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Mechanics' Lien.

Personal Injuries.
Materials supplied to contractors Physical examination of plaintiff's

for the construction of rail- person in actions for personal
roads, 688.

injuries, 414 n.
Street railways; mechanic's lien Removal of Causes.
upon, 290.

Condemnation proceedings. Re-
Oaths." See ÉMINENT DOMAIN.

moval to federal court of pro-
Passengers.

ceedings in state court to con-
Assaults on passengers by fellow

demn right of way, 25.
passengers and strangers. Lia- Streets and Highways.
bility of carrier, 651.

Laying out highway across rail.
Contributory negligence of pas- road track. Damages to which

senger in alighting from mov- company is entitled, íói.
ing train, 563.

Street Railways.
Contributory negligence of pas- Mechanic's lien upon street rail-

sengers riding in baggage, ways, 290.
mail, and freight cars, 592.

Electric railway in streets not an
Damages. Excessive damages additional burden giving abut-

for wrongful expulsion of pas. ting owners right to compensa.
senger. What verdicts have tion, 64.
been sustained, and what set Sunday.
aside, 643.

Interstate commerce; state Sun.
Exemplary damages for injuries day laws as a regulation of, 16.

to passenger, caused by defect. Tickets and Fares.
ive track, 512,

"Round trip tickets." Detach.
Tortious acts of servants; liabili- ment of wrong coupon by con.

ty of carrier for injury to pas. ductor, 470.
sengers through, 648.

GENERAL INDEX.

BAGGAGE. See SLEEPING CARS.

Baggage is confined to articles

for personal use of passenger
on journey, and not articles car-
ried for business purposes.
Oakes v. Northern P. R. Co.
(Or.), 437.

what constitutes baggage,
444 n.
Carrier accepting property as bag-

gage, becomes responsible for
it as such, 444 n.

is insurer of baggage, same
as freight. Oakes v. Northern
P. R. Co. (Or.), 437.

is liable for safe delivery of
ordinary baggage, and payment
of fare includes compensation
for carrying it. Oakes v. North-
ern P. Ř. Co. (Or.), 437.
Fire ; destruction of baggage by,

while in warehouse. Neglect
of servants rescue goods.
Galveston, H. & S. A. R. Co. v.

NOTE.— The mode of citing the American and English Railroad Cases is as
follows:

47 Am, & Eng. R. Cas.

This index contains references to both the decisions and the notes.

ABANDONMENT.

Condemnation proceedings; aban-

donment of. See EMINENT Do.

MAIN, Procedure.
ACCOUNTING. See Equity.
ACT OF GOD.

Landslide in a cut, caused by or-

dinary fall of rain, is not an
“act of God." Gleeson v. Vir-

ginia M. R. Co. (U. S.), 513.
What constitutes an “act of God,"

520 n.
ACTIONS.

Action for damages against rail-

road companies not bona fide.
Entrapping company into ex-

cuse for bringing suit, 471 n.
ADVERSE POSSESSION.

Consolidated company acquired

title by adverse possession to
right of way of one of original
companies whose existence was
limited to fifty years.

Miner v.
New York C. & H. R. R. Co,

(N. Y.), 212.
Ejectment against railroad. Ad.

verse possession under color of
title. Defective condemnation
proceedings. Cogsbill v. Mo.

bile & G. R. Co. (Ala.), 211 n.
AGENTS. See Officers; SERVICE

OF PROCESS.
APPEAL. See EMINENT DOMAIN.
ASSAULT. See PASSENGERS.
ASSIGNMENT.

Contract for use of tracks. As-

signment of right under con-
tract. Chicago, R. I. & P. R.
Co. v. Denver & R G. R. Co.

(C. C.), 358 n.
ATTORNEYS.

Argument of counsel. See TRIAL.

Smith (Tex.), 445 n.
Injury to baggage. Breaking
open trunk.

Evidence as to
condition of trunk after it had
reached plaintiff's home. Davis
v. Chicago, R. I. & P. R. Co.

(Iowa), 444 n.
Limitation of liability for bag-

gage ineffectual by statute. Pre-
sumption as to law in another
state. Davis v. Chicago, R. I.

& P. R. Co. (Iowa), 444 n.
Stage.property or theatrical para-

phernalia ; carrier permitting
passenger to take as baggage,
is liable for it as such. Oakes
v. Northern P. R. Co. (Or.),
437

to

mon

BAGGAGE-Continued.

CHARTER-Continued.
Valise left in car by passenger. afterwards asked for and ob.

Theft of contents. Liability of tained. Farnsworth v. Lime
company. Bonner v. DeMen- Rock R. Co. (Me.), 64.
dose (Tex.), 444 n.

Amendment of charter is a legis.
Warehouse. Liability of carrier lative waiver of any forfeiture

for baggage which passenger incurred by failure to construct
has failed to remove. Galves. road and commence business.
ton, H. & S. A. R. Co. v. Smith Farnsworth v. Lime Rock R.
(Tex.), 444 n.

Co. (Me.), 64.
BRANCH ROADS.

Consequential damages ; consti-
Authority of railroad companies tutional provision making rail.

to construct branch roads, 36 n. roads liable for. Previous
Branch from a branch. Branch charter contract. Exemption
roads may have in part a com-

from future general legislation,
stem leading from the Pennsylvania R. Co. 3. Miller
main line, Wheeling B. & T. (U. S.), 154 n.
R. Co. v. Camden č. 0. Co. CHILDREN. See PARENT AND CHILD.
(W. Va.), 27.

Children as passengers.

See
Partial construction of road. Com. PASSENGERS.

pany may use and operate any CHURCH.
part of main line and branches Condemnation of church property.
when completed, the same as See EMINENT DOMAIN.
though the whole road was fully Conveyance of right of way over
completed. Wheeling B. & T. church land. See CONVEYANCE.
R. Co. v. Camden C. 0. Co. CITIZENSHIP. See CORPORATION;
(W. Va.), 27.

REMOVAL OF CAUSES.
Power to construct. Company COLLISION. See PASSENGERS.

organized under general law COMMISSIONERS. See EMINENT
may build branch roads not ex. DOMAIN, Procedure,
ceeding 50 miles long. Wheel. COMPETING LINES. See CON-
ing, B. & T. R. Co. 7. Camden TRACTS; CONSOLIDATION; LEASE.
C. 0. Co. (W. Va.), 27.

COMPROMISE.
BRIDGE.

Contract ; compromise is, and to
Construction. See CONTRACTORS. be valid must be perfect in itself.
Construction contract. Railroad Lampkins v. Vicksburg, S. & P.

company may let out to con- R. Co. (La.), 622.
tractor work of replacing bridge. Law suit which is to be prevented
Bibb's Adm'r v. Norfolk & W. or ended should be especially
R. Co. (Va.), 65I.

mentioned in transaction.
CARRIERS. See BAGGAGE; PASSEN. Lampkins v. Vicksburg, S. &

P. R. Co. (La.), 622.
Regulation of passenger rates. CONDEMNATION. EMINENT
See TICKETS AND FARES.

GERS.

See

DOMAIN.
Action for overcharge. Effect of CONSOLIDATION.
voluntary payment, 471 n.

Competing lines ; acquisition by
Classification. Common carriers railroad company of. Construc-

are classified as carriers of tion of Mo, statute. Kimball z.
goods and carriers of passen- Atchison, T. & S. F. R. Co. (C.
gers, because their employment C.), 369 n.
is quasi public. Thomas &

operation and control of, by
Houston Electric Co. v. Simon another competing line made
(Or.), 51.

illegal by statute. Manchester
Rates ; legislative regulation of. & L. R. Co. v. Concord R. Co.

Reasonableness and justice of (N. H.), 359.
statutory regulation, 471 n.

Illegality of contract of consolida-
CHARTER

tion held no defense to a bill for
Acceptance. Charter considered an accounting. Manchester &

as presumptively accepted at its L. R. Co. v. Concord R. Co. (N.
date without any record of the
fact when amendments were Removal of cause against consoli-

H.), 359.

CONSOLIDATION- Continued. CONSTRUCTION-Continued.

dated corporation composed of does not apply to road in pro-
two companies from different cess of construction. Macon &
states. Paul v. Baltimore, O. A. R. Co. v. Macon & D. R. Co.
& C. R. Co. (C. C.), 372 n.

(Ga.), 315.
Right of way acquired by one of Trespass on adjoining land. See

original companies held not to TRESPASS.
revert to landowner at expira- CONTRACT. See FRAUD.
tion of such company's charter Competing railroads ; contracts
period. Miner vi New York C. between, not necessarily void
& H. R. R. Co. (N. Y.), 212.

as against public policy. Ille-
- Consolidated company ac, gality depends upon circum-
quired title to right of way of stances. Manchester & L. R.
one of constituent companies by Co. v. Concord R. Co. (N. H.),
right of adverse possession. 359.
Miner v. New York C. & H. R. Construction contracts. Finality
R. Co. (N. Y.), 212.

and effect of engineer's esti-
CONSTITUTIONAL LAW.

mates, 304 n.
Charter contracts. See CHARTER.

Monthly payments on certifi-
Jury trial in eminent domain pro- cate of engineer. Engineer's

ceedings. See EMINENT Do. action in making certificate held
MAIN, Procedure.

to be a “determination" under
Eminent Domain. Public use. contract. Chicago, S. F. & C.
See EMINENT DOMAIN.

R. Co. v. Price, (U. S.), 298.
Regulation of rates. See TICKETS

Contract for construction by
AND FARES.

director. Corporation held not
Sunday trains; statute forbidding. estopped to deny validity. Al.
See SUNDAY.

lemong v. Simmons (Ind.), 400.
Statute making railroads subject Construction of railroad; contract

to lien, held not unconstitutional for, by stockhoiders owning
on account of title and subject nearly all the stock. Donoghue
of act.

Kansas City & O. R. 7. Indiana & L. M. R. Co.
Co. v. Frey (Neb.), 295 n.

(Mich.), 307 n.
Title of act authorizing incorpo- Deficiency in net earnings ; con-

ration of union depot companies tract to make up. See SPECIFIC
held sufficient to authorize con-

PERFORMANCE.
ferring right of eminent do- Directors ; contract of corporation
main. Fort St. U. D. Co. v. with. Lease of road. See
Morton (Mich.), 41.

LEASE.
statute authorizing union Director of company owning ma-
depot company to

run local

jority of stock, cannot contract
trains, held warranted by pro- for construction of road. Alle-
vision in title. Fort St. U. D. mong v. Simmons (Ind.), 400.
Co. v. Morton (Mich.), 41.

Filling trestle. Contractor not
CONSTRUCTION. See CONTRACT.

entitled to recover for space oc-
Contract to construct railroad in cupied by culvert. East Tenn.,

which officers of company are V. & G. R. Co. v. Matthews
interested. Fraud, 339 n.

(Ga.), 307 n.
Director of company owning ma- Furnishing ties. Acceptance of

jority of stock, cannot contract check and receipt of bill by con-
for construction of road. Alle. tractor as per statement. Pro-
mong v. Simmons (Ind.), 400.

test against inspection on which
Partial construction of road. As account was based. Robinson
:0 part of road completed com:

Detroit, L. & N. R. Co.
pany may maintain its corporate (Mich.), 306.
existence and franchise. Wheel.

Admissions of plaintiff as to
ing B. & T. R. Co. v. Camden payment of ties. Estoppel. In-
C. 0. Co. (W. Va.), 27.

struction held to invade prov-
Proximity of new road to con- ince of jury. Graffin v. Charles-

structed line ; statute requiring ton, C. & C. R. Co. (S. Car.),
distance of at least ten miles 304.

V.

CONTRACT- Continued.

CONTRACTORS-Continued.
Furnishing. ties. Company ac- Independent contractor. Con.
cepting ties afterwards alleged. struction of railroad. Connec.
to be defective. Jury may as- tion of company with injury
sume that ties accepted came caused by excavations Ala.
up to contract. Burden of bama M. R. Co. v. Coskry
proof. Graffin v. Charleston, (Ala.), 315 n.
C. & C. R. Co. (S. Car.), 304.

Creation of nuisance ; rail-
Grant of right of way. Agree- road company not liable, al-

ment to restore highway. See though its superintendent di-
CONVEYANCE.

rected the placing of a soil pipe.
Illegality of executed contract be- Atlanta & F. R. Co. 0. Kim-

tween competing lines held no berly (Ga.), 307.
defense to a bill for an account- - employe of, working on
ing. Manchester & L. R. Co. bridge held not to be servant of
v. Concord R. Co. (N. H.), 359. railroad company.

Contractor
Lease of trackage rights. Execu- alone liable for his injury.
tion of contract. See LEASE.

Bibb's Adm'r 7. Norfolk & W.
Parol claim by contractors to as- R. Co. (Va.), 652.
sume debts of company. Evi.

- liability of railroad compa.
dence to establish contract,

nies for torts of, 315 n.
Lookout Mountain R. Co. v.

Nuisance created by, consist.
Houston (C. C.), 373 n.

ing of pond and accumulation
Railroad company may let out of filth. Company not liable

to contractor work of replacing for. Atlanta & F. R. Co. :
bridge. Bibb's Adm'r 3. Nor. Kimberly (Ga.), 307.
folk & W. R. Co. (Va.), 651.

Railroad company not lia-
Restoration of highway in consid. ble for negligence of foreman

eration of grant of right of way. of, in signaling train to cross
Damages for failure of company unsafe bridge, causing injury
to keep agreement heid not ex- to contractor's workman. Bibb's
cessive. Post. v. West Shore & Adm'r 7. Norfolk & W. R. Co.
B. R. Co. (N. Y.), 322.

(Va.), 651.
Right of way, contract for. See

Whoare, 686 n.
RIGHT OF Way.

Material men and laborers must
Sidetrack ; construction of, under be paid in money, no matter

contract for right of way. Ac- what was contract between con-
tion against company for taking tractor and principal. Farmers'
up rails. Loss of contract. L. & T. Co. v. Canada & SL. L.
Spoon v. Chicago & W. M. R. R. Co. (Ind.), 271.
Co. (Mich.), 321 n.

Parol claim by contractors to as-
Sleeping car company. Contract sume debts of company. Evi.

with railroad company. See dence to establish contract.
SLEEPING CARS.

Lookout Mountain R. Co. v.
Subscription to bonus offered rail. Houston (C. C.), 373 n.
road. See SUBSCRIPTION.

Sub-contractor must accept pay.
Tracks and terminals ; contract ment as provided in contract.
for use of. See LEASE.

If tender of proper article is not
CONTRACTORS. See MECHANICS' made him he may sue for mon.
Liens.

ey. Farmers' L. & T. Co. v.
Independent contractor ; bridge Canada & St. L. R. Co. (Ind.),

constructor held to be, although 271.
railroad company retained some who is, within meaning of
direction and control. Bibb's mechanic's lien law. Farmers'
Adm'r v. Norfolk & W. R. Co. L. & T. Co. v. Canada & St. L.
(Va.), 651.

R. Co. (Ind.), 271.
company does not ratify acts CONTRIBUTORY NEGLIGENCE,
of, where possession of road See PASSENGERS.
was not delivered to it. At- Pleading. Where petition states
lanta & F. R. Co. v. Kimberly facts showing that plaintiff was
(Ga.), 307.

negligent, the question of con.

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