INDEX TO NOTES.

CARRIER OF GOODS.

Contract of carriage governed by law at place of performance, 451.
Explosives. Carrier not bound to receive certain goods, 306.

Criminal liability, 307.

Duty to give carrier notice, 307.

Whether in an action for loss of goods it is necessary to allege considera-
tion for the carriage, 436.

CARRIER OF PASSENGERS.

Ejection of passengers where ticket is defective through fault of agent of
company.

Ticket defective on its face, 518.

View that conductor may expel passenger, 515.

View that conductor may not expel passenger, 517.

CONFLICT OF LAWS.

Contract of carriage governed by law at place of performance, 451.

CONNECTING CARRIERS, 664.

Defective cars, 664.

CONSOLIDATION.

Effect on pending suits in general, 318.

Right of consolidated company to condemn lands, 317.
CONSTITUTIONALITY OF STATUTE PROHIBITING
PORTATION OF DISEASED LIVE STOCK, 630.

CONTRIBUTORY NEGLIGENCE.

View that such conduct is negligence as matter of law, 254.
View that the question of negligence is one of fact, 254.

CRIMINAL LAW.

Explosives, 307.

CROSSINGS.

Right of railroad to cross track of another company, 418.

EMINENT DOMAIN.

TRANS-

Proceedings to appropriate use of the tracks of another company, 417.
Right of consolidated company to condemn lands, 317.

I. (N. S.)

EMPLOYEE ON TRACK.

Brakeman, 544.

Grading new track, 543.
In general, 542.

Injury to section hands, 545.

Running into hand car, 544.

EXPLOSIVES, 306, 307.

FELLOW SERVANT.

Engineer and brakeman.

Employees of different companies, 670.

Fellow servant of brakeman on another train, 671.
In general, 668.

Whether engineer is the superior of a brakeman, 671.
Foreman, 487.

General reputation of incompetency enough to charge master with knowl

edge, 449.

Incompetency of fellow servant, 447.

INJUNCTION.

Against the occupation of a street by an ordinary railroad, 271.

INTERSTATE COMMERCE.

Sunday laws, 505.

Transportation of diseased live stock, 630.

MORTGAGES.

Priority between railroad mortgage and judgment for a tort committed
after the execution of the mortgage, 173.

ORDINARY RAILROADS IN STREETS.

Against the occupation of a street by an ordinary railroad, 271.

PRIORITIES.

Priority between railroad mortgage and judgment for a tort committed
after the execution of the mortgage, 173.

PURCHASE OF RAILROAD.

Liability of purchaser in tort or contract, 575.

QUESTIONS OF LAW AND FACT.

Boarding or alighting from a moving car, 254.

RAILROAD SECURITIES.

Priority between railroad mortgage and judgment for a tort committed
after the execution of the mortgage, 173.

RECEIVERS.

Priority between railroad mortgage and judgment for a tort committed
after the execution of the mortgage, 173.

SALE OF RAILROAD.

Liability of purchaser in tort or contract, 575.

STOPPAGE IN TRANSITU, 617.

STREET RAILROADS.

Boarding or alighting from moving car.
ligence as matter of law, 254.

View that such conduct is neg-

View that the question of negligence is one of fact, 254.

. & Eng

Cas

TICKETS AND FARES.

Ejection of passenger where ticket is defective through fault of agent of
company.

TORTS.

Ticket defective on its face, 518.

View that conductor may expel passenger, 515.
View that conductor may not expel passenger, 517.

Priority between railroad mortgage and judgment for a tort committed
after the execution of the mortgage, 173.

TRANSPORTATION OF DISEASED LIVE STOCK, 630.

USE OF TRACKS OF ANOTHER COMPANY.

Authority of the legislature, 411.

Compensation, 414.

In absence of legislative authority, 418.

Joint use of motive power, fixtures, etc., 413.

Proceedings to appropriate track of another company, 417.
Right to cross track of another company, 418.

Statutes prohibiting lease, 419.

WHETHER TROLLEY AN ADDITIONAL BURDEN, 400.

GENERAL INDEX.

ABANDONMENT.

Of eminent domain proceedings. Fisher v. Catawissa R. Co. (Pa.), 309.
ABATEMENT.

Consolidation does not abate eminent domain proceedings. Day v. New
York, S. & W. R. Co. (N. J.), 313.

ABUTTING OWNERS.

Change of motive power does not per se create additional easement. State
v. Trenton Pass. Ry. Co. (N. J.), 392.

Interference with abutting property by railroad located in street. Louis-
ville, etc., R. Co. v. Hooe (Ky.), 264.

Liability of railroad company where privileges granted by statute are
made the occasion of unlawfully injuring abutting owners.
Trenton Pass. Ry. Co. (N. J.), 392.

State v.

Street railroad company's liability for damages caused by change of grade.
Stritesky v. City of Cedar Rapids (Iowa), 535.

Where, prior to the purchase of land abutting upon a village street, a
railway company has, with the consent of the owner of such land, laid
in the street in front of the premises purchased a single track of its
road, and is operating cars thereon, such condition is notice to the pur-
chaser of a right to maintain such track; and his easement in the street,
as owner of abutting land, is, to the extent of such possession and user,
affected thereby. But such right will not be affected by an unrecorded
deed from his grantor, executed more than six months prior, giving to
the company permission to lay additional tracks, if, at the time of his
purchase, the purchaser acts in good faith, and has no knowledge of the
existence of such conveyance. Varwig v. Cleveland, C., C. & St. L. R.
Co. (Ohio), 265.

Whether erection of poles in street creates an additional easement.
v. Trenton Pass. Ry. Co. (N. J.), 392.

State

Whether trolley an additional burden. State v. Trenton Pass. Ry. Co.
(N. J.), 392, 400.

AGENCY.

Railroad using track of another company constitutes the servants of the
latter its agents. Murray v. Lehigh Valley R. Co. (Conn.), 210.

AMOUNT IN CONTROVERSY.

United States supreme court. Texas & P. R. Co. v. Gentry (U. S.), 559.
APPLIANCES. See MASTER AND SERVANT.

682