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der "navigable rivers,” held to apply only to a | I. ACTS OR OMISSIONS CONSTITUT.
(A) PERSONAL CONDUCT IN GENERAL
$ 3. One undertaking gratuitously to dis-
charge a duty is accountable for the manner of
its discharge, though the fact that the service
of the degree of care required.-Wallace . Joka
poses without compensation, see Eminent § 4. The test of actionable negligence is, not
what might have prevented a particular aco.
dent, but what reasonably prudent and carefnl
at the time of the accident.-Davenport i.
(C) CONDITION AND USE OF LAND,
BUILDINGS, AND OTHER
$ 32. One walking on the premises of an-
$ 35. A child injured by a barrel throtro
Of owner of automobile injured upon highway,
see Highways, $ 184.
Of person injured by operation of railroad,
see Railroads, $ 278.
Of person injured by operation of street rail-
road, see Street Railroads, $ 98.
Of tenant, see Landlord and Tepant, § 168
8 95. The negligence of a boy twelve years of
old boy in his custody is imputable to the child.
- Wallace v. John A. Casey Co. (Sup.) 314.
$ 96. It is negligent for a mother to allow &
child to wander unattended in the street six
blocks from home.-Wallace v. John A. Casey
$ 96. The negligence of a mother in leaving
a three-year old child unattended in the stret
where he is injured held imputable to the child.
- Wallace v. John A. Casey Co. (Sup.) 31+
for damages failed to show defendant's Degli.
-Kann v. Cooper (Sup.) 659.
Bill of lading, see Carriers, $ 55.
NEWLY DISCOVERED EVIDENCE. $ 102. Testimony of a handwriting expert
held not newly discovered, so as to warrant a
new trial.-Heintze v. Graham (Sup.) 548.
$ 102. That a party who had testified for
himself recollected something after a decision
for the other party which he omitted to testify
dence as will authorize new trial.--Brown V.
Newell (Sup.) 965.
$ 107. A new trial on the ground of newly
discovered evidence held properly denied. -
III. PROCEEDINGS TO PROCURE
§ 114. Under Code Civ. Proc. $ 1002, con-
instance be heard at Special Term.-Ellis v.
8 117. Where a motion for new trial was
made upon the grounds stated in Code Civ.
term expired, a new trial could not be there-
after granted under the statute upon reargu-
ment of the motion.-Ellis v. Hearn (Sup.) 977.
$ 131. Under the express provisions of Code
ground of surprise, so that a case was not nec-
essary on reargument of a motion by defendant
tion of a verdict for plaintiff, because there was
no evidence to the contrary.-Ellis v. Hearn
NEXT OF KIN.
As a nuisance, see Nuisance, $ 3.
On trial, see Trial, &$ 159, 164.
Promissory notes, see Bills and Notes.
of particular facts, acts, or proceedings not
Corporations, 8 790.
Bills and Notes, § 422.
Of particular judicinl proceedings.
calendar for trial, see Trial, g 13.
$ 5. Ignorance in law cannot exist when a correction.-Peck v. Newburgh Light, Hest &
NUNC PRO TUNC.
ing pendency of action to foreclose, see ve
chanics' Liens, § 246.
Filing of deposition, see Depositions, s 19.
premises, see Landlord and Tenant, & 173. Laws impairing, see Constitutional Law,
Of streets, see Municipal Corporations, 1777.
Of proof, see Trial, $ 55.
Mandamus, see Mandamus, § 87.
Particular classes of officers.
88 133-220, 747.
dent's estate, see Executors and Administra-
Judgment, see Judgment, 88 138–169.
Orders of court.
In supplementary proceedings, see Execution, | Judgment and relief as to parties, and parties
affected by judgments or proceedings thereon.
Persons concluded by judgment, see Judgment,
Review as to parties, and parties to proceedings
in appellate courts.
Parties entitled to allege error, see Appeal, 8
Parties on appeal, see Appeal, $$ 140, 151.
T'o conveyances, contracts, or other transactions.
139; Fraudulent Conveyances, $ 174.
fense of misjoinder, see Pleading, $ 217.
§ 84. The objection to the nonjoinder of par-
of parties defendant is not raised by demurrer
(B) PROCEEDINGS AND RELIEF.
$ 61. The complaint for partition of land on
VI. DEATH OF PARTNER, AND SUR-
§ 258. Under Code Civ. Proc. $ 758, helà,
that representatives of a deceased partner are
not exempt from suit .for a partnership debt,
action already begun, until remedy against the
surviving partner is exhausted.--Hentz v. Have-
meyer (Sup.) 317.
VII. DISSOLUTION, SETTLEMENT,
(D) ACTIONS FOR DISSOLUTION AND
walk, see Municipal Corporations, § 814. nership and an accounting held to state a cause
of action.-Candee v. Baker (Sup.) 55.
See Carriers, 88 280 408.
In pleading, see Pleading, $ 52.
PHYSICIANS AND SURGEONS.
furnish medical attendance for minor child,
see Parent and Child, g 17.
$ 24. Evidence in an action by a pbysician
to show a contract to pay for the services after
- Van Gaasbeek v. United States Lace Curtain
Liability of trade unions and their members
for illegal acts, see Trade Unions, §
and Notes, § 437.
In civil actions, see Pleading, 88 80–132.
Applicability of instructions to pleadings, see
Conformity of judgment to pleadings, see Judg.
ment, $8 251, 253.
Allegations as to particular facts, acts, or trans-
See Statutes, $ 280.
In actions by or against particular classes of
Trustee, see Trusts, $ 371.
In particular actions or proceedings.
See Account, § 17; Cancellation of Instru-
47; Injunction, $ 109; Libel and Slander, $
100; Mandamus, $ 154; Money Lent, $ 6;
Money Received,' 8 17; Partition, $ 61; Spei
injured. citic Performance, § 114; Trover and Con
. sg 90-29742
. version, $ 32.
For breach of marriage promise, see Breach of
For compensation of broker, see Brokers, $ $2.