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

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.

Verdict.

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.

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

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

WATERS.

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

with level of

WARNING.

Of dangerous condition of highway, see
HIGHWAYS.

What is embraced by word "ways" in
Employers' Liability Acts. 23-716
(cases' pp. 702, 706).

The dash in each citation stands for A.L.R.

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