Page images
[blocks in formation]

Contempt by forcing party or prosecut-
ing witness to withdraw or not to in-
stitute action or proceeding. 23-
187 (case p. 183).


Italic type indicates points with annotation; roman type, points without.




Contributory negligence. 23–38, 440.
Power of treasurer of private corpora-

Golf course, negligence of player whose

ball strikes caddie as question for

jury. 23–440.
Interurban railway, question for jury

striking wagon at

crossing could have been stopped in

time to avert accident. 23-649.
Measure of damages for, see DAMAGES.

Direction of verdict; peremptory in-
Credit for expenditures in producing, as structions.

against trespasser's liability for value Appellate review of ruling on motion for,
of, oil or mineral. 23–193 (case p. see APPEAL AND ERROR.

Carriers, direction of verdict for defend-
Independent contractor, employment of, ant in case of injury to passenger

as affecting liability for trespass. by breaking of rail, upon evidence

that rail was purchased from repu-
Title to fish and game taken by tres. table maker, was regularly inspect-
passer. 23–1402 (case p. 1393).

ed, and that break was caused by

latent defect. 23-1211.
Automobile as trespasser on highway be- General rule as to when peremptory in-

cause operated by driver without li- structions may be given where finding
cense. 23-1467.

is based on parol testimony. 23-1211.
Riparian owner's title to fish as against
trespassers. 23-1393.

Necessity_for exception to, see APPEAL


Necessity of raising questions as to, in

trial court, see APPEAL AND ERROR.
Admissibility of evidence, see EVIDENCE. Prejudicial error as to, see APPEAL AND
New trial, see New TRIAL.

Witnesses, see WITNESSES.

New trial because of verdict contrary to

instructions, see New TRIAL.
Questions for jury.

Boiler explosion, refusal of court to sub-
Evidence, sufficiency of, to reduce crime

mit absence of fusible plug in crown
to manslaughter question for sheet of boiler as ground of negli-
jury. 23-433.

gence, where failure to provide such
Principal and agent, question for jury as

plug had no causal connection with
to whether manufacturer agreed to

the explosion. 23–479.
pay agent his commission on all sales Homicide, instruction on law of self-de-
to new customers procured by him, fense, which there is no evidence to
whether he was instrumental in ef- support. 23-1551.
fecting the sales or not. 23-449. Homicide, instruction upon voluntary

manslaughter based on sudden affray

rather than upon reckless use of
Fence, defect in, permitting escape of weapon. 23-1551.
animals from pasture as proximate

Homicide, propriety of instruction on,
cause of their being killed on a rail-

voluntary manslaughter based
road track. 23-261.

reckless use of weapon. 23–1551.
- fraud; intent.

Issues or proof, limiting instructions to.
Assignment for creditors preferring cer-

23-479, 1551.
tain creditors, question of intent to Rules of court, disregard of, in prepara-
defraud as one of fact. 23-195.

tion and giving of instructions.

– negligence.

Presumption from derailment as requir-

Direction of, see supra.
ing submission of carrier's negli. Review of, on appeal, see APPEAL AND
gence to jury in action by passenger ERROR.
notwithstanding uncontradicted eri-
dence negativing negligence. 23- Instructions, duty of jury to follow as to
1214 (case p. 1211).

amount of party's liability, if liable

at all. 23-305 (case p. 302).
Agister's negligence as question for jury.

Negligent injuries, inference from gen-
Caddie's negligence assumption of eral verdict in favor of plaintiff of

risk when struck by ball of player elements of proof necessary to estab-
as question for jury. 23–440.

lish right of recovery. 23-649.
The dash in each citation stands for A.L.R.


- cause.



[blocks in formation]

Interest in the land of one having option
to purchase. 23-1217.

Rights and obligations conferred by op-
tion. 23-1217.

General rule as to when constructive trust
arises. 23-1485.

Resulting trust.

Conveyance of property to avoid threat-
ened lawsuit, to one who settled the
claims against the property and the
lawsuit, and acquiesced in grantor's
insistence that he should reconvey the
property, which, however, was not
done, as creating resulting trust.

Laches as bar to enforcement of. 23–1485.
Partnership, right of one contracting with

one member of partnership for joint
purchase to enforce resulting trust
against the partnership, when pur-
chase was made in its name. 23-460.


Effect of existence of, on right to recover
for injury under Workmen's Compen-
sation Acts, see WORKMEN'S COMPEN-


Rights of parties as to third persons;
bona fide purchasers.
Rights as to fixtures as between condition-

al seller thereof and purchaser of
real property, see FIXTURES.

Possession of third person as affecting

one's character as a bona fide pur-
chaser within the provisions of the
Torrens Law which protect bona fide
purchasers of titles registered under
the act. 23-979 (case p. 965).


Review of, on appeal, see APPEAL AND

In general, see TRIAL.


Of motion for new trial or affidavits in
support thereof, see NEW TRIAL.

Italic type indicates points with annotation; roman type, points without.

[ocr errors][ocr errors]
[blocks in formation]


Automobile liability insurance as affected

by fact that operator was violating
law at time of injury. 23-1467,

What are public or navigable waters.
Fishing, when waters of lake are public

within meaning of constitutional pro-

vision as to right to fish. 23–748.
Floatage, capacity of stream for, as test

of navigability. 23–1393.
Lakes; changing level of.
Title to beds and shores of lakes, see infra.
Legislative power to grant to private per-

sons right to control height of water

in lake. 23–748.
Mill owner's right, by artificial means, to

raise or lower level of water in pub-

lic lake. 23–748.
Nuisance, interference with level of

water in public lake as. 23–748.
Remedy in behalf of state for interfer-

ence with level of water in public
lake. 23–748.


Independent contractor, employment of,

as affecting liability of property own-
er for injury to volunteers. 23-


[blocks in formation]


What is embraced by word "ways" in
Of dangerous condition of highway, see Employers' Liability Acts. 23-716

(cases' pp. 702, 706).
The dash in each citation stands for A.L.R.

[ocr errors]
[blocks in formation]



Cross-examination of wife of accused, who
takes stand as a witness in his behalf,
scope of. 23-433.


Noise from operation of, as nuisance.


Noise from operation of, as nuisance.


Accident. 23-325.
Affect. 23-1279.

Breaking. 23-112 note.
Burglary. 23-288 note.
Business. 23-419 note.
Check. 23-1202.
Child. 23-400 note.
Chose in action. 23-1317.
Civil injuries. 23-529 note.
Conduction. 23-1257 note.
Constructive contempt. 23-183.

Contempt. 23-183.

Crime. 23-529 note.

Danger. 23-981.

Direct contempt. 23-183.
Dugout. 23-1393.
Electrolysis. 23-1257 note.

Equipment. 23-706; 23-716 note.
Express company. 23-127.

Good standing. 23-337; 23-340 note.
Indirect contempt. 23-183.
Induction. 23-1257 note.
Inherent. 23-1095 note.
Inquest of office. 23-1233.
Intrinsic. 23-1095 note.
Machinery. 23-716 note.
Misdemeanor. 23-529 note.
Mob. 23-294.

Navigable waters. 23-791 note.

Negligence. 23-1014.

Nuisance. 23-1098 note.

Occupational disease. 23-325.
Option. 23-1217.

Of offer or order, see CONTRACTS.

Italic type indicates points with annotation; roman type, points without.

« PreviousContinue »