Wheeler v. Nesbit, 24 How., 545. Torts, Wheeler v. Smith, 9 How., 55. U. & T., § 177. White v. Carpenter, 2 Paige, 241. U. & T., Water, White v. Crawford, 10 Mass., 183. Whitford v. Panama R. Co., 23 N. Y., 465. Whiting v. Johnson, 6 Gray, 246. Torts, Whiting v. Whiting, 4 Gray, 236. U. & T., Torts, § 656. Wicks v. Tentham, 4 Term, 247. Torts, $593. Williams v. Pritchard, 4 T. R., 2. Torts, $590. Williams v. William, 4 Seld., 525. U. & T., Water, Williamson v. Barrett, 13 How., 110. SS 16, 843. Wilson v. City of New York, 1 Den., 595. Winchester v. Craig, 33 Mich., 205. Tcrts, Wisconsin v. Duluth, 96 U. S., 379. Water, Wisconsin River Imp. Co. v. Manson, 43 Wis., Wise v. Withers, 3 Cr., 331. Torts, § 590. Witherspoon v. Duncan, 4 Wall., 210. Water, Wood v. Furguson, 7 Ohio, 291. Water, § 67. Wood v. Peake, 8 Johns., 69. Torts, § 590. Woodman v. Tufts, 9 N. H., 91. Water, § 256. Wren v. Kirton, 11 Ves. Jr., 377. U. & T., Wright v. Bales, 2 Black, 535. Torts, § 789. Wright v. Miller, 8 N. Y., 9. U. & T., p. 548. 882 INDEX.* The full-face figures refer to cases in full, the others to digest matter. Ware., Warehouses. Water, Water and Water- Abbreviations: Tel., Telegraph Companies. Tim., Timber. Trea., Treaties. U. S. C., United States Com- ABATEMENT. See Nuisance. ACCIDENTS. See Actions for Causing Death; Negligence. ACTIONS. See Uses and Trusts. no_right of action against adjoining land proprietor for causing wall to crack, when. for torts and malfeasance, can only be sustained by party directly defrauded. Torts, form of, for wrongfully cutting timber on public lands. Tim., §§ 3, 6, 9, 11. for damages. Water, § 142. ACTIONS FOR CAUSING DEATH. at common law. Torts, $ 93, 105, 106, 111, 112, 128, 131, in admiralty. Torts, §§ 94-96, 107, 113, 114, 151–158. suit by administrator. Torts, $ 97, 115, 158. in Louisiana. Torts, $$ 98, 130. by the civil law. Torts, § 113. action not maintainable by insurance company. Torts, $$ 99, 129, 161, 162. Torts, SS 100, 131-139. New York administrator suing in New Jersey. Torts, §§ 101, 140. in Nevada; pleading. Torts, SS 103, 141, 142, 143. executor of suicide. Torts, SS 104, 144. statutory right for death enforceable in admiralty. Torts. § 114. onus of proving. Torts, § 125. intoxication as evidence of. Torts, $§ 126. damages. Torts, §§ 127, 165, 166, 871-876. Texas statute of 1860. Torts, § 167. statute necessary to recover. Torts, § 145. constitutional. Torts, § 146. death on high seas- statute inapplicable. Torts, § 147. when administrator must bring. Torts, § 159. for minor shipped as whaler. Torts, § 160. recovery for expenses not bar to action. Torts, § 164. ADMINISTRATION. See Actions for Causing Death; Uses and Trusts. of Oregon county court. Torts, §§ 122, 123. ADMINISTRATOR. See Actions for Causing Death; Uses and Trusts. actions for causing death in. Torts, $$ 94-96, 107, 113, 114, 151–158. jurisdiction of marine torts. Torts, § 110. ADVERSE POSSESSION. of twenty years, loses water right. Water, S$ 79, 158. See False Imprisonment. AGENT. See Principal and Agent. * Prepared by Eugene McQuillin, Esq., of the St. Louis, Mo., Bar. ALLUVION. See Water and Water-courses. AMENDMENTS. of intervening petition. Torts, § 385. cures want of service of process. Torts, § 204. in general. Torts, § 1002-1007. action against sergeant-at-arms. Torts, § 1008. ASSIGNMENT. See Uses and Trusts. in trust for benefit of creditors. Uses, § 16. ASSUMPSIT. See Uses and Trusts. ATTORNEYS. See False Imprisonment; Malicious Prosecution. as damages. Torts, § 888. AUSTRIA-HUNGARY. treaty with. Trea., §§ 182, 183. AUTHORITIES REVIEWED. as to negligence of fellow-servants, etc. Torts, § 391. as to negligence of carrier. Torts, § 395. as to when words are slanderous. Torts, § 561. as to actions for causing death at common law. Torts, § 112. BAR. usage and custom of. Usage, §§ 72-88. of judgment and execution against joint tort-feasors. Torts, SS 947-950. release construed as. Uses, § 292. BATTERY. See Assault and Battery. treaty with. Trea., SS 184, 185. BILL OF EXCEPTIONS. practice of, including whole evidence in, condemned. Water, § 66. BOARD OF TRADE. rights of, as to telegraph privileges. Tel., § 48. BOMBARDMENT. by naval officers. Torts, §§ 907, 917. BONA FIDE PURCHASER. See Purchaser; Uses and Trusts. BOOKS. official, when competent evidence. Tim., § 7. BOUNDARIES. See Water and Water-courses. BRIDGES. See Nuisance; Streets and Highways; Water and Water-courses. cannot be subject to writ of injunction. Water, § 223. act of congress authorizing construction. Water, §§ 250, 251. two unlawful, liable. Water, § 253. act of 1869, paramount law, etc. Water, §§ 260, 261. BURDEN OF PROOF. See Evidence; Uses and Trusts. C. CABLE. See Telegraph Companies. CALIFORNIA. CALL. laws of restricting Chinese labor in, void. Trea., §§ 26-34. in boundaries. Water, §§ 61, 62. CARRIERS. See Negligence. who are. Torts, § 236, 237. Torts, §§ 239, 240. injury to goods in transit. Torts, § 238. prima facie case. Torts. S$ 190, 193, 257, 258. what necessary to overcome a prima facie case. Torts, §§ 169, 190, 191. liability of carriers of passengers. Torts, §§ 170, 192, 193, 198, 199, 228, 235. must protect passengers from violence. Torts, § 171, 194, 195. master of vessel personally liable, when. Torts, SS 172, 196. soldier whose term of service has expired. Torts, §§ 173, 197. injury on sleeping-car. Torts, §§ 174, 198-201. on bridge at St. Louis. Torts, §§ 175, 202, 203. road leased or in hands of receiver. Torts, § 176, 205. discrimination on account of character or reputation of passenger. Torts, §§ 178, 208, resisting attempts to expel from car. Torts, §§ 179, 212. regulations of. Torts, $ 180, 210. riding on free pass. Torts, SS 182, 183, 216-220, 249, 252. freight trains. Torts, §§ 185, 253. steerage passengers. Torts, SS 186, 187, 228-232. refusal to carry an exile back to his home; excessive damages. Torts, $$ 188, 233, 234. age and sex of children of plaintiff not aggravation of damages. Torts, § 201. responsible for negligence of its employees. Torts, § 203. company whose name is on ticket is responsible. Torts, § 206. rule of damages. Torts, $$ 211, 215, 232, 234. stipulations as to exemption from damages. Torts, §§ 216-218. onus of showing contributory negligence. Torts, § 225. duty of, to keep depot platform free from snow and ice. Torts, § 254. defective platform and stairs. Torts, § 255. negligence of lessee in use of depot. Torts, § 256. through tickets; liability of two carriers. Torts, §§ 259, 260. negligence of lessee of track. Torts, § 261, 262. injury on construction train. Torts, § 263. safety of means of going upon vessel. Torts, § 264. injury by exposure on boat. Torts, § 265. waiver of right of injured party. Torts, § 266. stage carrier. Torts, § 267-273. delivery of ticket. Torts, § 277. illustrative cases. Torts, $ 274-276. warehouseman's liability as. Ware., § 56. CATTLE GUARDS. See Railroads. CAUSEWAY. See Streets and Highways. CAVEAT EMPTOR. doctrine applied. Torts, § 918. CESTUI QUE TRUST. See Uses and Trusts. CHAMPERTY. old cases went further than would now be justified by equity. Uses, § 294. CHARITABLE USES. See Uses and Trusts. rights of, in this country under Burlingame treaty. Trea., §§ 8-10, 23 et seq. are persons within meaning of fourteenth amendment. Trea., § 30. CHIPPEWA RIVER. right of public to use as highway. Water, § 235. CHRISTIANITY. in what sense a part of the common law. Uses, § 166. CITIES. See Municipal Corporations; Streets and Highways. action lies for death by. Torts, § 113. CLAIMS. See Timber. COMMERCE. See Telegraph Companies. interstate, its application to warehouses. Ware., §§ 48-50. power of congress under. Water, §§ 224, 232, 269. COMMON CARRIER. See Carrier. COMMON LAW. no right of action for causing death at. Torts, S 93, 105, 106, 111, 112, 128. doctrine as to tide has no application in this country. Water, § 333. COMPANY. See Corporation. COMPROMISE. of tort. Torts, § 1047. CONDEMNATION. See Eminent Domain. CONFLICT OF LAWS. See Treaties. CONGRESS. See Treaties; Water and Water-courses. powers as to suspension of writ of habeas corpus. Torts, SS 678-681. 684. paramount authority to regulate commerce. Water, SS 222-224. 269. act 1869, subject to limitations, paramount law, where. Water, §§ 260-262. CONSOLIDATION OF CAUSES. rule as to. Torts, § 202. CONSTITUTION. ordinance of 1787 yielded to. Water, §§ 237, 239. subsequent legislation. Water, § 245. CONSTITUTIONAL LAW. See Treaties. laws of California restricting Chinese labor, void. Trea., SS 26-34. as to suspension of writ of habeas corpus. Torts, §§ 677-684. president's order for arrest, in states where courts are open, is not "due process of law." CONSTRUCTION. See Uses and Trusts. of treaties. Trea., 62–70. retrospective operation. Trea., § 71. Indian treaties. Trea., SS 72-74. courts cannot alter or supply omissions. Trea., $$ 75-78. of statute of state by state court, followed by federal courts. Torts, § 788. of release of bargain and sale. Uses, § 292. of statutes, act July, 1866. Water, §§ 86, 161, 167. |