Italic type indicates points with annotation; roman type, points without.
Power of treasurer of private corpora- tion, see CORPORATIONS.
Measure of damages for, see DAMAGES.
Credit for expenditures in producing, as against trespasser's liability for value of, oil or mineral. 23-193 (case p. 189). Independent contractor, employment of, as affecting liability for trespass. 23-1008.
Title to fish and game taken by tres- passer. 23-1402 (case p. 1393). Automobile as trespasser on highway be- cause operated by driver without li- cense. 23-1467.
Riparian owner's title to fish as against trespassers. 23-1393.
Admissibility of evidence, see EVIDENCE. New trial, see NEW TRIAL. Witnesses, see WITNESSES.
Questions for jury.
Evidence, sufficiency of, to reduce crime to manslaughter as question for jury. 23-433.
Principal and agent, question for jury as to whether manufacturer agreed to pay agent his commission on all sales to new customers procured by him, whether he was instrumental in ef- fecting the sales or not. 23-449.
Fence, defect in, permitting escape of animals from pasture as proximate cause of their being killed on a rail- road track. 23-261.
-fraud; intent. Assignment for creditors preferring cer- tain creditors, question of intent to defraud as one of fact. 23-195.
Presumption from derailment as requir-
ing submission of carrier's negli- gence to jury in action by passenger notwithstanding uncontradicted evi- dence negativing negligence. 23- 1214 (case p. 1211).
Agister's negligence as question for jury. 23-261.
Caddie's negligence or assumption of risk when struck by ball of player as question for jury. 23-440.
Contributory negligence. 23-38, 440. Golf course, negligence of player whose ball strikes caddie as question for jury. 23-440.
Interurban railway, question for jury whether car striking wagon at crossing could have been stopped in time to avert accident. 23-649. Direction of verdict; peremptory in- structions.
Appellate review of ruling on motion for, see APPEAL AND ERROR. Carriers, direction of verdict for defend- ant in case of injury to passenger by breaking of rail, upon evidence that rail was purchased from repu- table maker, was regularly inspect- ed, and that break was caused by latent defect. 23-1211. General rule as to when peremptory in- structions may be given where finding is based on parol testimony. 23-1211. Instructions.
Necessity for exception to, see APPEAL AND ERROR.
Necessity of raising questions as to, in trial court, see APPEAL AND ERROR. Prejudicial error as to, see APPEAL AND ERROR.
New trial because of verdict contrary to instructions, see NEW TRIAL.
Boiler explosion, refusal of court to sub-
mit absence of fusible plug in crown sheet of boiler as ground of negli- gence, where failure to provide such plug had no causal connection with the explosion. 23-479.
Homicide, instruction on law of self-de- fense, which there is no evidence to support. 23-1551. Homicide, instruction upon voluntary manslaughter based on sudden affray rather than upon reckless use of weapon. 23-1551.
Homicide, propriety of instruction on, voluntary manslaughter based on reckless use of weapon. 23-1551. Issues or proof, limiting instructions to. 23-479, 1551.
Rules of court, disregard of, in prepara- tion and giving of instructions. 23-50.
Direction of, see supra.
Review of, on appeal, see APPEAL AND ERROR.
Instructions, duty of jury to follow as to amount of party's liability, if liable at all. 23-305 (case p. 302).
Negligent injuries, inference from gen- eral verdict in favor of plaintiff of elements of proof necessary to estab- lish right of recovery. 23-649. The dash in each citation stands for A.L.R.
Effect of existence of, on right to recover for injury under Workmen's Compen- sation Acts, see WORKMEN'S COMPEN- SATION.
UNITED STATES SUPREME COURT. See Supreme Court of the United States.
VENDOR AND PURCHASER. Oral contract for sale of realty, see CON-
Options; destruction of building. Sufficiency of acceptance of option, see CONTRACTS.
Right to withdraw option, see CON-
Destruction of or damage to building as affecting rights of parties to option. 23-1225 (case p. 1217).
Interest in the land of one having option to purchase. 23-1217.
Rights and obligations conferred by op- tion. 23-1217.
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 ERROR.
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.
As boundary, see BOUNDARIES.
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
Of dangerous condition of highway, see HIGHWAYS.
What is embraced by word "ways" in 23-716 Employers' Liability Acts. (cases' pp. 702, 706).
The dash in each citation stands for A.L.R.
Natural right to take property by devise. 23-826.
Restrictions on testamentary power. Illegitimate child as a "child" within statute limiting the right or amount of disposition by will by one survived by a child. 23-400 (case p. 392).
Debts as including legacies provided for in will in determining portion of an estate which may be devised to charity after payment of debts. 23–392. Trust, devise in, as affecting application of statutory restriction. 23-392.
Apportioning cost of successful contest. 23-392.
Abutting owner's liability for negligence in permitting water to flow and freeze upon sidewalk. 23–1014.
Employers' Liability Acts, wires as em- braced by words "plant,” “ways,” "works," etc. 23-729.
Of offer or order, see CONTRACTS.
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.
Navigable waters. 23-791 note.
Negligence. 23-1014.
Nuisance. 23-1098 note.
Occupational disease. 23-325.
Italic type indicates points with annotation; roman type, points without.
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