BILLS AND NOTES.-Continued.

For collection.
2: 699, 8: 42
Effect of restrictive indorsements.
12: 370, (brief) 8: 44
Liability of a stranger who indorses com-
mercial paper before delivery:-distinc-
tion between negotiable and non-nego-
tiable instruments; presumption as to
date of signature; intention of the par-
ties controls liability; intention may be
shown by parol.
18: 33
Indorser cannot question maker's signa-
ture.
12: 484
(brief) 3: 709
Payment by indorser; right of indorser
against maker; payment by note; rights
of maker and indorser inter sese.
(brief) 10: 545. See also PAYMENT.
1: 648, 7: 209
7: 595
2: 709, (brief) 7: 209
By telegram; payable at banking-house.

Liability of indorser to payee.

Acceptance.

Of forged paper.

Promise to accept.

Accommodation note.

2: 709
1: 817

See also INTOXICATING LIQUORS.
Of indemnity; validity of execution. 6: 278
What essential to bind surety.
8: 486
Delivery essential to validity. (brief) 7: 740
Conditional signing by surety; liability upon
delivery without compliance with con-
dition.
(brief) 7: 745
Of cashier; liability of sureties for mis-
appropriations of property.

(brief) 14: 213
Of officer; liability of surety; erasures;
estoppel.
(brief) 8: 736
Of county treasurer; actions upon; right
to bring; liabilities of sureties.

(brief) 5: 785
Suits on official bonds for trespasses or un-
authorized acts of officers done colore
officii:-liability of sureties where the
officer has no writ, or acts under a void
writ; oppression in office; fraud of
officer.

Penal bond; recovery on.

Of public corporations; nature of.
Of municipality; power to issue.

21: 738
9:113

1: 787

5: 726, (brief) 2: 242, (brief) 4: 648
Vote to authorize issue of. (brief) 14: 403
Recitals in.

(brief) 2: 242, (brief) 4: 648, (brief) 8: 851
In aid of railroads.
5:726

False representations to induce vote for
railroad-aid bonds.

Rights of purchasers.

(brief) 13: 811

(brief) 4: 687, 648, (brief) 8: 851
Action to cancel; when maintainable.
(brief) 8: 249
Interest on, where payable. (brief) 6: 636
Coupons, character of; negotiability. 1: 299
Past due coupons attached.
2:353
As distinct and separate instruments.
BOUNDARIES.

6:562

ment.

In lease, effect of.

19: 279
(brief) 3: 330
6: 469, (brief) 1: 736

Property rights in trees on.

17: 729

Equity jurisdiction as to.
BOUNTIES.

BLASTING.

Duty of those engaged in, as to the safety
of others.

Injuries to lands and buildings from; in
railway construction.

(brief) 12: 487, (brief) 14: 361
21: 729
(brief) 18: 36

To soldiers; decisions under various state
statutes.

17:220

Liability for, when done by independent

contractor.

BOARD OF TRADE.

See also STOCK AND PRODUCE EXCHANGE.
Regulation of business; discrimination by,
in giving information. (brief) 2: 411

See CONSPIRACY.
BREACH OF PROMISE.
Of marriage.

Defense based on disease.

10: 202

10:584
15: 531

Who are common carriers. 6: 619, 10: 415
Distinction between carriers of goods and
passengers.
2: 83, 252
Combinations between railroads to prevent
competition; illegality of; state juris-
diction and control over.

1: 849, (brief) 9: 689
Discrimination by; right of carrier at com.
mon law to discriminate between pas-
sengers or shippers.

18: 105, (brief) 18: 221
Duty to give equal facilities to express
companies.
18: 393
Discrimination as to hackmen and other
solicitors of patronage at depots,
wharves, etc.
13: 848
When justified.
3: 661, 4: 331
As to classes of freight; between local
and through transportation; effect of
different delivery stations; agreement
for rebates; special rates; reasonable-
ness of; recovery back of excess of
freight paid.
9: 754
Under Interstate Commerce Act; classifi-
cation; preference; as to localities. 2: 444
State regulation of fares and freights.

CARRIERS.-Continued.

II. OF PASSENGERS.

Duty to passenger. 1: 682, 3: 634, 8: 673
Care and diligence required. 2: 83, 6: 241,

11: 720, (brief) 15: 326, (brief) 18: 479,
764, (brief) 19: 313, (brief) 20: 582, 812
3: 133
Proper treatment of passenger.
Not liable as insurers; inevitable accident;
negligence, what is.
2: 252

Liability for personal injury by collision
between carriers.
1: 681

Reasonable rules for carriage of passengers.
5: 817, 7: 111, (brief) 2: 490
Effect of rules of street railways.

(brief) 16: 345, 347
Duty toward drunken passengers.
(brief) 6: 242
Liability for defects in cars and appliances.
2: 83
Liability as to passenger on sleeping-car:-
(I.) liability of sleeping-car company;
(a) for baggage; as innkeepers; as com-
mon carriers; for negligence; (b) extent
of liability for baggage; effect of notice;
(c) continuous passage: (d) ejectment
and refusal of accommodation; (e) per-
sonal injuries; (II.) liability of railroad
company.
21: 289, (brief) 20: 817
Using track of another company.

(brief) 2: 503.
Liability of ship for mistake of physician.

CARRIERS.-Continued.

Stipulations in pass. 1: 500, (brief) 5: 846
Liability for torts.
12: 113, 337
For misconduct of servant.
3: 634
Liability for assault on passenger.
(brief) 7: 354, (brief) 14: 798
Assault on passenger in depot.

(brief) 5: 442
Duty of, to protect passenger from assault
by fellow passenger.
16: 627
False arrest.
14: 791
Who are passengers.

2: 166, 7: 687,

11: 750, (brief) 11: 174, (brief) 21: 559
Relation of person carried without ticket.
(brief) 20: 823

Express messengers as passengers. 11: 483
Liability of railroad companies for inju-

ries received by postal clerks on their
trains:-as to liability generally; relief
from liability by statute.

19: 339, (brief) 10: 38
Liability to person wrongfully on train;
effect of consent of conductor to such
presence.
(brief) 6: 410
Riding on construction train. (brief) 3: 156
Rights and liabilities of parties when pas-
senger temporarily leaves vehicle before
completion of the journey;-at regular
stations; at sidings and coaling stations;
leaving to avoid anticipated danger;
leaving to rectify mistake in taking
train, etc.
15: 391
Assumption of risk by civil engineer riding
on train; liability for defective track.
(brief) 4: 288
On freight trains, what risk is assumed by a
passenger on:-as to jerking the cars in
starting or stopping; risk in stock car;
degree of care required in other cases.
19: 310
7: 111, 8: 673

12: 129

Negligence of passenger.
Passengers on car platform.
Passenger's negligent exposure of person
at car window:-question of law or
fact; passengers on street cars.

16: 91, (brief) 6: 657
Passenger's riding in baggage or express car
as contributory negligence:-violation
of rules; where riding in such car did
not contribute to accident; power of
conductor to waive rule.

16: 631, (brief) 6: 706, (brief) 7: 843
Injuries in getting on and off railroad
trains:-injuries received by persons
assisting passengers on board the cars;
as to rights of persons assisting passen-
gers on board; parties compelled to
alight; children jumping on and off
trains in motion; boarding moving
train; alighting from moving trains:
(a) generally; (b) alighting after being
warned; (c) getting off before train
stops; (d) getting off where train makes
preliminary stop; (e) where train does
not stop; (f) where party is directed by
conductor or employé to alight; (g)
alighting from a train in motion where
it had stopped sufficient time at station;
(h) where time is not given passenger to
alight. 21: 354, (brief) 4: 432, 632, (brief)
7: 688, (brief) 12: 430, (brief) 14: 76
In stepping from cable car. (brief) 7: 819)

1: 513, 12: 823, (brief) 13: 596
Right of passenger to pay fare after train
begins to stop for purpose of ejecting
him.
16: 53
Payment of back fare for distance already
ridden as condition of being carried
further.
16:55
Exposure of drunken passenger to danger
by ejection from car.
19:327
Duty to assist passenger in landing safely.
11: 867
Passengers carried beyond destination.
7: 111
Regulations as to use of depot and grounds.
8: 753, 13: 848
As to admission of passenger to train-
house.
16: 449
Stations; announcement of stations by car-
riers: duty to make; effect of; as to
change of cars.
15: 347
Negligence regarding stations. 1:157
Stopping and starting; duty of conductors in
stopping and starting trains:-length of
stop; signals; starting of train. 13: 95
Duty to person entering vehicle to assist
passenger.
15: 434
Fare; validity of extra charge for passenger
fare when paid upon train.
20: 483, (brief) 6: 530
Tickets; stipulation in.
12: 340
Assignability of railroad ticket. 18:55
How far ticket may be used for passage
after expiration of time limited. 16: 471
Regulations as to; ticket as a receipt; exhi-
bition and surrender of ticket; terms
and conditions on ticket; lost ticket.

Effect of provision in ticket for continuous

passage.

(brief) 16: 318
As evidence of contract. (brief) 17: 801
Approaches and platforms; duty to main-
tain safe approaches beyond its own
premises.
16: 593
To whom railroads owe the duty of keep-
ing station platforms safe. 20:527
Measure of care which a carrier must
exercise to keep platforms and ap-
proaches safe:-the two principal rules;
explanation of the first rule; various
statements and explanations of the
second rule; other rules; distinction be-
tween places which must be used and
others; illustrations.
20:520
Duty as to platforms and approaches,
generally.
3: 74,
6: 193, 7: 111, 687, (brief) 7: 44, 436
Duty as to lights and guards.

3: 74, 6: 193, 7: 688
Duty in regard to platforms at flag sta-
tions.
(brief) 7: 689
Duty as to persons approaching mail car
to deposit letters.
(brief) 1: 1187
Passenger's property; liability of passenger

CARRIERS.-Continued.

carrier transporting merchandise in-
trusted to it by passenger.
14: 515
Liability for baggage; what is baggage.
3: 342, 11: 759, (brief) 3: 287, (brief) 9: 431
III. OF FREIGHT.

Rights, duties, and obligations in general.
1: 702,
2: 102, 3: 342, 424, 5: 587, 6: 849, 10: 415
Liability for goods in transit; inquiry as to
value; extent of liability; effect of
seizure by judicial process. 13: 33
When does the liability of a railway carrier
of goods cease to be that of a carrier:-
the two rules; the Massachusetts rule;
the New Hampshire rule; reasonable
time.
17: 691
Defense of; act of God as excuse; exception
in contract; inevitable accident. 11: 615
Delays caused by mobs and strikes.

4: 545, 9: 833
Goods taken from carrier on legal process.

9:263
2: 80

Conversion by.
Payment or tender of freight charges as a
condition precedent to an action of
trover against carrier.

21: 117, (brief) 21: 119, 123
By water, responsibilities of.
2: 173
Recovery for loss or destruction of cargo.
2: 173, 3: 424
Bill of lading a receipt and contract. 4: 246
Cannot contradict bill of lading.

(brief) 9: 263
Restriction in bill of lading. 6: 849, 10: 415
Lien for freight.
4: 376
Contract to deliver at a designated point.

10: 415

Transportation contract made by agent.

Agreement to restrict liability.

9: 833
13: 518,

3: 342, 424, 6: 849, 7: 214, 9: 449, 10:
419, (brief) 4: 801, (brief) 9: 453, (brief)
10: 603, (brief) 16: 39, (brief) 17: 118
Right to limit common-law liability by
contract in the absence of negligence.

18: 527
Power to limit amount of liability in cases
of negligence. 14: 433, (brief) 19: 764
Contracts for reasonable exemptions.
13: 362
3:342
Limiting time to bring suit.
Regulations requiring notice of loss of
property.
(brief) 3: 129
Effect of shipper's taking receipt with
limitation-of-liability clause.

(brief) 9: 453
Connecting carriers, rights and liabilities of.
3: 766, 4: 376, 545, 6:
849, 7: 214, 9: 833, 10: 415, (brief) 7: 280

Joint liability.

As to livestock.

Misdelivery.

9: 833
9: 450
1: 650, 6: 849

(brief) 5: 611

Negligent delivery of goods; right of

innocent purchaser.

Delay of consignee in unloading.

(brief) 18: 325

Of livestock, duties and liabilities.

2: 75, 4: 545
Duty to furnish cars for transportation
and safe mode of delivery; duty to feed
and water stock; responsibility of; for-

CARRIERS.-Continued.

warding by connecting line; damages
for failure to transport; liability for de-
lay in shipment and delivery; liability
for miscarriage and wrongful delivery;
damages for negligent loss or injuries;
notice of claim for damages; not liable
for accidents; contracts limiting lia-
bility.
9:449-452
Extraordinary unloading of livestock in
transitu.
14: 550

Duty to switch off cars with livestock in
case of emergency; liability as for un-
suitable car.
(brief) 15: 534

12: 746

Duty to furnish proper cars.
Insurance on goods shipped; right of, to
benefit of insurance. 3: 424, 6: 805
Subrogation of insurer.
3: 424
Rates of freight; long and short hauls; in-
terstate regulations; duty to public;
reasonableness of rates for local traffic;
through rates; connection with bridge
company; refusal to furnish cars.

12: 436
Cannot charge extortionate rates or make
unjust discrimination. (brief) 9: 764. See
also, as to Discrimination, supra, I.
Right to contract for rebates.

(brief) 13: 70

(brief) 11: 716, (brief) 14: 34
Uncertainty and indefiniteness.

Uncertainty in beneficiary.

5: 33, 12: 414, (brief) 21: 455
3: 145, 4: 699,
5: 33, (brief) 11: 210, (brief) 15: 235
Bequests to incorporated and unincorporated
societies.
3: 145
Effect of subsequent incorporation to make
valid a gift to an unincorporated asso-
ciation:-future incorporation provided
for or contemplated.
14: 410
Municipal corporation as trustee of charity.
14: 69, (brief) 12: 110
1: 417, 5: 33
6: 147,
5: 33, (brief) 19: 419, (brief) 21: 455
Doctrine not usually adopted in the con-
struction of wills; distinction between
charitable and other trusts; law against
perpetuities as applied to charitable
trusts; charitable trusts, when void;
when trusts result to testator's legatees
or next of kin; Legislature may transfer
title to cestui que trust; public charitable
use not presumed; dedication to public
charities; failure of trustee; intent of
testator; devising scheme; changing
object; beneficiary not in being.

Chancery jurisdiction.
Cy prés doctrine.

CHATTEL MORTGAGES.

See MORTGAGE.

CHECKS.

5:33

Rights and Duties of Banks as to, see BANKS.
To Defeat Garnishment, see GARNISHMENT.
Gift of, see GIFT.

Payment by, see PAYMENT.

Rights of, see INFANTS; PARENT AND CHILD.
Bastardy, see BASTARDY.

State guardianship of.

15: 593

When born alive.

(brief) 11: 826

12: 364

1:56

CITIZENSHIP.
Of state.

Privileges of citizens of states.

Political rights of. 8: 337. See also ALIENS.

CIVIL DAMAGE ACT.

See INTOXICATING LIQUORS.
CIVIL DEATH.

Law as to, in United States.
CIVIL RIGHTS.

18:82

14: 579

Protection of.

Rights of colored passengers:-statutory ob-
18: 639, (brief) 19: 269, 714

ligations.

Discrimination on account of color in use of

theaters.

CLAIMS.

See also ALABAMA CLAIMS.

(brief) 16: 558