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(DAMAGES FOR TORTS.) riparian owner has do right of action for the agent or servant in operating the road. Id. wasbing away of banks and bottom of a stream li cannot be heid responsible for injuries done by the increased flow of water at times, occa- by its servants unless the act was expressly or sioned by a dam made with legislative author impliedly authorized or ratified by it. Id. A ity. (Me.) 460. Incidental injuries to land stockholder is not liable for the negligence of by a reasonable increase in the flow of water the officers, agents or employés of the company to facilitate driving logs is not a laking of in the operation of its road. (Kan.) 414. property. Id.

Liability of railrods for injuries to travelers Trespass on the case. Actions of trespass on and trespassers. An individual, in the exercise the case are included in the Statute in the word of bis absolute rights, if it may endanger the "trespass," allowing an action therefor. (Tex.) safety of others, must exercise them with a due 618. Hence the owners of a leased building regard for the safety of others. (Ky.) 316. who contribute to the injury of a tedant by Running grip cars at a rate of speed prohibited consenting 10 the erection of an awning are li- by ordinavce is negligence per se. (Mo.) 819. able for the consequent injuries to the tenants. li is the duty of a railroad company, where Id. Doctrine applied to ihe miscarriage of a train crosses a public bigliway on a trestle, to woman occupying the premi-es, caused by the give timely warning of ibe approach of the fulling of the awning and part of the wall at-Train to the crossing. (Ky.) 316. A traveler faJached thereto. Id.

miliar with the place, who hurries to such crossPollution and contamination of water. Al. ing and attempts to cross, is guilty of negligence though one may appropriate all the under. wbich will prevent recovery for injuries sus grouud water in his soil he bas no right to poi tained through friglit of his borse caused by son or contaminate it, so that when it reaches the train. Id. Whether or not the failure to his neighbor's land it will be unfit for use by give warping is negligence, should be left to man or beast. (Ky.) 451. Doctrine applied itejury: Id. The presumption of degligence to the owner of oil stored near a spring. Id. of a railroad company as to a passenger does If liable to escape either abı ve or underground, not obtain in case of injuries to the horse of a be must answer for ibe consequences; but on traveler attempting to cross the railroad track. the question of damages evidence that he bad (Ind.) 588. An unlicensed back driver spe. previously sold water from the spring is inad cially ordered for a passenger is not a trespasser missible. Id. Where one erecis a large feed in going with bis carriage, for the purpose of ing stable for calile be will be enjoined from mecting such passenger, upon a wharf used by polluting a stream passing through neighboring the steamboat company, alıbough the rules land used for farming purposcs. (Neb.) 457. forbid any but private carriages, or carriages

Nuisances. Damage caused by explosion of which are licensed, to stand upon the wharf. a powder magazine located on a lot smaller (R. I.) 302. tbad that required by an ordinance is caused by For death caused by negligence. Under an the violation of the ordinance, and the destruc- Act embodying the provisions of Lord Camption of buildings constituted it a puisance per bell's Act, suits for railway accidents must be

(III.) 262. The risk of injury by explosions brought by the personal representatives for the is not assumed by adjoining owners, although benetit of the widow and pext of kin. (Ark.) other magazines existed when the lot was pur: 283. It does not take away the right wbich cbased. Id. Nuisances should be removed survives, to recover for injuries accriied by the beyond the immerliate neighborhood of resi common law, nor does it deprive the father of dences. Id. Where the facts alleged consti- bis right to sue for loss of service of bis minor tule a nuisance, the term "puisance” need not child; bence the three actions may be prosebe used in the pleading: Id. A release to a cuted at the same time and recoveries bad in railroad company of a rigbt of way across cor. cach. Id. In tbe action for the loss of services tain land, with a further release from all claims of a micor cbild the recovery is limited to dam. for dainages by reason of the taking and use ages accrued between the times of the injury of the land, will bar the owner from sulise and the deatb. Id. An administrator bas no quendy recovering damages for overflowing his right, under the Employers' Liability Act, to land by the construction of a ditch and culvert. recover damages on account of the death of his (Pa.) 213.

intestate, in addition to bis right as legal repreCarriers' linbility for neglect of duty. The sentative to recover the damage's wbich accrired duty of common carriers is a duty independent to the intestate in his lifetime. (Mass.) 154. of contract, arising by implication of law. (N. In actions for damages for d atb caused by J.)435. Inderendent of stututory requirement negligence what was usually and habitually a railroad company is chargeable with the duty done may be proved to rebut a claim tbat an to fence its track if required to keep the track employé was pegligent. (Mich.1509. Mortuary free from obstructions. (N. Y.) 527. A rail. laliles are admissible in evidence to sbow exroad company is not required to use extraordi. pectancy of life. Id. Evidence as 10 tbe proppary care or vigilance in respect to the safety erly of the family, and of an incumbrance, is of its bigbway crossings. (Ind.) 588. A rail. inadmissible in an action for tbe death of plain. road company cannot, by lease or contract or tiff's busband. Id. If no improper testimony arrangement, tuin over 10 anotber company its bas been admitied, the amount of damages road and franchises, and thereby exenipi itself awarded is beyond the reach of a writ of error. from responsibility for the conduct and man. Id. agement of the road, but will be liable for in- Injury to railroad employés. Injury to a juries sustained on that portion of its road brakeman from collision of the train with an operated by the forcign company. (W. Va.) animal makes the company liable for the dam354. It is, bowever, not liable for injuries in ages under the General Railroad Act, wbich ficted by the lessee company upon its own limposcs the absolute duty to feuce. (N. Y.)

de.

(CRIMINAL LAW AND PRACTICE) 627. An engineer and firemad of a locomotive in a connecting railroad, and its rights and are fellow servants of a section hand; but an powers in such connecting road are those of a assistant roadmaster is not a fellow servant of stockholder only, it is not responsible for the a section band, be being a superior agent negligence of such connecting road. Id. If charged with an act which the law imposes as a company neglects its duty to stop at a station, a duty of the master; yet bis command will a passenger is not therefore justified in jumping not justify acts of an employé wbo sees a dan from the inoving train, unless expressly invited ger of which bis superior is ignorant. (Mich.) so to do. His unwillingness to be carried be623. So wbether the proximate cause of the yond his destination is no excuse. (La.) 111. injury was the act of the engineer or fireman The fact that the door of the car is open is no inor that of the assistant roadmaster is an im vitation to a passenger to pass through it for the portant question in determining the liability of purpose of jumping off wbile the train is run. the master, and is for the jury to decide. Id. ping at full speed. (Mo.) 819. Calling the It is the duty of the master to supervise, direct name of a station and stopping the train to take and control the operation and management of a side track while another train passes will his business; and a person invested with full not make the carrier liable for injuries to a control, subject to no supervision except his, passenger. (Ala.) 323. A passenger who stands in the place of the master and is not a aliglus from a grip car running at full speed fellow servant. (Mich.) 500. A train dis- is guilty of contributory negligence. (Mo.) patcher is not a fellow servant with trainmen. 819. But it is not negligence for a passenger 1d. The contributory negligence of a fellow familiar with the management of railroads to servant will not prevent the recovery for in- go forward to the baggage car, and as the jury due in part to the negligence of the mass trains are about to collide to jump to the ter. Id. A master who carries on an immi.ground. (Mass.) 843. Whether or not alightpently dangerous undertaking is bound to ing from a moving train constitutes negligence know the character and extent of the danger, is a question of fact to be determined by the and to notify the servant specially and une jury. (Ind.) 687. Tbe fact that tbe passenger quivocally. Constructive or obligatory knowl- was traveling on Sunday, in violation of the edge on his part supplies actual knowledge, Act concerning vice and immorality, does not and such knowledge is presumed juris and de preclude her from maintaining the action. (N. jure to exist, while the servant is held to the J.) 435. knowledge of patent defects only (La.) 172. As carrier of merchandise. A carrier of goods The servant bas a right to assume superior must protect ihe property from destruction or knowledge in his employer, to rely on his pru- injury, and has the burden of proving that the dence and judgment and to believe that he will goods were not in good condition when sbipped not unnecessarily jeopardize his person and or when received from a connecting carrier. life by avoidable risk. Id. An employé does (Iowa) 280. Nor can custom be invoked to not, by entering the service, assume a risk of protect it from negligence in failing to transdanger incident thereto, which by reason of port goods with care; and the rate of charge bis youth and inexperience he does not know will not limit the care required, or restrict its or appreciate, and to which the employer ex- liability. Id. Doctrine applied to a sbipment poses him without warning him of it. (Ark.) of butter, destroyed by beat during transport283. W bether or not be ought to have had ation, by negligence to provide cold storage, knowledge or appreciation of the danger, is a and neglect to use ice in the cars used. Id. question for the jury. Id.

Carrier; limitation of liability by contract. As carrier of passengers. Railway companies A limitation of liability in the bill of lading are bound to keep the platforms at ibcir passen- will not control where the damage is the effect ger stations in a safe condition for persons to of the carrier's negligence. (Ind.) 214. Un. enter and leave the cars. (Ind.) 687. A passenger less specially, provided for, an intermediate is justified in taking the way of passage held carrier can derive po benefit from a contract out by the company for enirance and exit to between the first carrier and the shipper. Id. the public street, although another passage. A "fire clause” in a bill of lading exempting way might be taken. (N. J.) 435. Passen- from liability for loss where transportation is gers have a right to assume that the means of not or ered as an alternative, and no reduction access provided are reasonably safe. Id. of rates is made as a consideration for the exKnowledge of the unsafe condition of the plat- emption, is invalid. (Tenn.) 162. Mere acform will not prevent a person using it from quiescence in the use of such bills will not recovering for injuries caused by its defects. show the reasonableness of the exemption. Id. (Ky.) 44; (Ind ) 687. Where connecting compa- A condition is reasonable only if coupled with dies use a station joinily, one company is not compensating advantages to the shipper. Id. responsible for the neglect of the other over The contract must be fairly obtained, and must which the passenger is carried. (Kan.) 414. be both just and reasonable. I do Where a railroad company legally holds stock

VIII. CRIMINAL LAW AND PRACTICE Lottery prohibited. "Lottery," within the Disturbing religious society. An information Statute, embraces only schemes in wbich a against certain parties charging willful, mavaluable consideration is paid for a chance to licious and unlawful interruption, molestation draw a prize. (Ala.) 599. Distribution of and disturbance of a religious society is suffi. prizes to holders of tickets where no payment ciept to sustain a conviction. (Neb.) 225.. A is exacted is not illegal. Id.

church organization may make rules by whicb

(CRIMINAL LAW AND PRACTICE.) the admission and expulsion of its members are ! The comparative humanity of different systo be regulated, and the members must contems of executing the death penalty on a crimform to these rules. Id.

inal is a question for legislative deiermination. Death penalty. The Legislature may change Id. the manner of inflicting the death penalty. Removal of cause. The marriage of parties (N. Y.) 715. Evidence is not admissible to in another State does not furnish a ground for show that, in executing a law, some constitu- removal of indictments against them for forni. tional provision may possibly be violated. Id. 'cation into the United States court. (Ga.) 50. 7 L R. A.

(The General Index follows this.)

Alteration of instruments; effect of; Death; right of action for damages

154
immaterial; effect on surety
743 Duress; what constitutes

551
Appeal and error; parties

231 Eminent domain; vested rights subordi-
Attorneys' fees. See BILLS AND NOTES.

nate to

705
Banks; payment of forged paper

849 Exercise of right a political, not a Judicial,
Collections; paper indorsed in blank; re-

question

151
strictive indorsement; indorsement “For Telegraph line along railroad right of way 200
collection;" passing of title; application Estate. See REAL PROPERTY.
of proceeds; effect of advances and over- Estoppel; equitable; fraud as an element;
drafts; effect of custom or course of deal-

silent acquiescence

755
ing; revocation of agency; repudiation of Executors and administrators; debts
doctrine of sub-agency of collecting bank;

to estate from legatee; distribution; col-
neglect or default of correspondents and

·lection of debts

231
agents; debts, liabilities, etc., of collecting Incumbrances on estate; from what pay.
bank; insolvency of collecting bank 852 able

83
Bills and notes; when invalid

705 Family; defined
Requisites to negotiability

537 Fisheries ; power of Legislature to regulate 134
Acceptance
209 Gift; causa mortis

439
Acceptance of forged paper
595 Guaranty; letters of credit

209
Stipulation for attorneys' fees

445 Hawkers. See PEDDLERS.
Bond; of liquor dealer under Michigan stat- Highways; construction of railroads in
utes
740 streets

369
Carriers; duty to furnish safe stations and Laying out across railroad

121
platforms; reasonable rules for carriage Ownersbip of fee in streets; rights of abut-
of passengers: injury to passenger alight-

ting owners

548
ing: duty to stop train; pasşenger carried Holidays.
beyond destination; contributory negli- Husband and wife. See also CONFLICT
gence

111 OF LAWS.
Obligations and liabilities; who are passen-

Proof of marriage; suficienry of

709
gers; means of approach and departure; Wife's capacity to contract; agency of hus-
opportunity to alight
687 band; liability for torts

640
Restriction of liability; limitation of liabil. Improvements; allowance for, on partition 731
ity; connecting carriers

214 Indians; in tribal relation not citizens of
Checks; nature of; as equitable assignments 595 State

123
Parol certification

428 Injunction; to restrain illegal appropriation 180
What constitute; payment of ; demand 489 Insolvency ; Arkansas statute as to assign-
Claims. See LIMITATION OF ACTIONS.

ments

403
Conflict of laws; marriage; validity gov. Insurance; life; construction of policy; ap-

erned by law of place where entered into 125 plication; responsibility for acts of agent;
Constitutional law, See STATUTES.

insurable interest; wagering policies 217
Contracts; gambling consideration; secu. Against fire; statement and proof of loss ;
rities for money lost at play

705

waiver of; conditions to impede or binder;
Specific performance of contracts for ser-

where offer of proofs would be in vain 81
vices

779 Transfer of mutual benefit certificates 189
Not to be performed within one year 784 Proof of loss; limitation clause

572
Lease for more than one year

671 Intoxicating liquors; right of State to
Corporations. See also QUO WARRANTO.

prohibit manufacture and sale; transpor-
Creation of

591 tation prohibited ; imported liquors; spe-
Restriction on exercise of powers; dealing

cial licenses; permission to pharmacists;
in stock of otherg

605 criminal prosecution; seizure of liquors :
Release of stockholder from subscription;

judgment lien; liquor nuisance; abate.
capital stock as trust fund

706 ment and injunction; contempt; action
Curtesy; tenancy by; effect of statute; seisin

by wife for injury to her means of sup-
during coverture; entry on land; vested

port; recovery of purchase money 295
remainder or life estate; forfeiture of;

Brought from out of the State; regulation
liability for husband's debts; disposal of

183
estate by wife
693 Judgment; extent of lien

of sale

23
Damages; for property taken in eminent Doctrine of res judicata; by default; on de-
domain ; benefits considered

289 murrer ; foreign judgments; finality; as
For land taken for railroad

409 to what matters and facts conclusive;
For pollution of stream

157 who bound by; binding though erroneous 577
For neglect to deliver telegram

583 | Letter of credit. See GUARANTY.

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