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INSTRUCTIONS TO JURY.

Additional instructions must be requested if those given seem to counsel not
full enough: statute providing that charge of court is deemed excepted to
does not relieve counsel of this duty. Missouri Pacific R. R. Co. v. Mar-
ten (Tex.). 409.

Addition to instruction not injurious to party offering it, not error as against
him. Moore v. C., B. & Q. R. R. Co. (Iowa). 396.

Correct use of, by court not necessary; may be refused if erroneous. Balti-
more, etc., R. R. Co. v. Schultz (Ohio). 579.

Evidence: instructions must be based on. Whitsett v. C., R. I. & P. R. R. Co.
(Iowa). 336, 281 n.

Negligence: instructions concerning, as applied to particular facts, held proper.
Ill. Central R. R. Co. v. Haskins (Ill.). 343.

Offering of: trial-court may by recorded rule of court require instructions to be
handed up at the beginning of argument or of particular speech. Rule
must be applied strictly, with no more discretion than is admitted by the
terms of the rule. Ill. Central R. R. Co. v. Haskins (Ill.). 343.

INSURANCE.

Railway accident insurance. 334 n.

INTEREST.

On value of animal between time of killing and trial, not recoverable in Kan-
sas. Atchison, etc., R. R. Co. v. Gabbert (Kan.). 621.

Usurious loan by director to his company: claim for usury not enforceable.

8 n.

Verdict including interest on value of animal killed from time of loss to date
of trial proper. Alabama, etc., R. R. Co. v. McAlpine (Ala.). 602.

INTERIOR, SECRETARY OF.

See SWAMP LANDS.

JOINT AND SEVERAL LIABILITY.

Contract by letter: offer signed by officers of two companies: parol evidence
admissible to show that liability was several, and not joint. Seymour .
Detroit, etc., R. R. Co. (Mich.). 9.

JUDICIAL SALE.

Sale of stock under void execution: rights of party in whose name it stands
on company's books. 26 n.

JURISDICTION.

See FEDERAL AND STATE COURTS;
Killing stock, action for. 595 n.

JURY AND JURY TRIAL.

INJUNCTIONS.

Contributory negligence, jury to decide as to existence of, when evidence is
susceptible of different constructions. Scoville v. Hannibal, etc., R. R.
Co. (Mo.).

534.

Jury service not to exceed four weeks in a year, means in calendar year.
Term of court partly in each of two years. Four weeks' service in De-
cember no disqualification for service in January. Atlanta, etc., R. R.
Co. v. Ray (Ga.). 281.

Verdict.

See VERDICT.

JUSTICE OF THE PEACE.

Killing stock, jurisdiction of action for. Wabash, etc., R. R. Co. v. Lash*
(Ind.). 595 n.

LACHES.

Recognition of liability after lapse of years removes bar of laches in equity.
Bedford Co. v. Nashville, etc., R. R. Co. (Tenn.). 75.

LAND GRANT.

Contract by company with its stockholders as to its land grant held not to
convey it absolutely, but to create a mortgage security thereon. St. Paul,
etc., R. R. Co. v. McDonald (Minn.). 208.

Exemption of, from taxation, not continuable after conveying land grant to
private uses, by placing conveyance in form of contract with a declared
equity of redemption. St. Paul, etc., R. R. Co. v. McDonald (Minn.). 208.
Construction of such contract where fraud is alleged is determinable
from consideration of all extrinsic facts as well as form and words of in-
strument. St. Paul, etc., R. R. Co. v. McDonald (Minn.). 208.

LEASE OF RAILWAY.

Sale of property by lessor: statute on, construed. Phillips v. Eastern R. R. Co.
(Mass.). 247.

Torts of lessee, lessor not liable for. Missouri P. R. R. Co. v. Watts (Tex.). 277.
Transfer of duties and liabilities to lessee, lease works a. Missouri Pac. R.
R. Co. v. Watts (Tex.). 277.

Trust upon earnings to create a sinking fund, does not in itself prevent leasing
of road by which its earnings are not separately ascertainable. Other facts
and provisions held to show ground for injunction. Phillips v. Eastern
R. R. Co. (Mass.). 247.

LIENS.

Material-man's lien: service of notice of, on director is valid. 60 n.

LIVE-STOCK.

Carrier assumes same liability in transporting live-stock as any other merchan-
dise, in absence of special contract. East Tenn., etc., R. R. Co. v. John-
ston (Ala.). 437.

Shipper contracting to supervise loading of cattle, and accepting a car not pro-
vided with bedding, estopped from claiming damages from such defect.
East Tennessee R. R. Co. v. Johnston (Ala.). 437.

MACHINERY AND APPLIANCES.

Appliances adjacent to track for use in operating road, e.g., water-crane:
company not negligent in maintaining, because they are "dangerous to
persons operating trains." Gould, Admr., v. C., B. & Q. R. R. Co. (Iowa).
289.
Contributory negligence bars recovery for defect in. Atlanta, etc., R. R. Co.
v. Ray (Ga.). 281.

Hoisting coal: injury by crane, by negligence of fellow-servant, company not
liable. 305 n.

Knowledge or reason for knowledge of defect, ground for liability; instruc-
tion to that effect held proper. Atlanta, etc., R. R. Co. v. Ray (Ga.). 281.
22 A. & E. R. Cas.-43

MAIL-AGENT.

Mail-agent or his heirs are entitled to recover of a railway company for injury
caused by the negligence of its employees. Houston, etc., R. R. Co. a.
Hampton (Tex.). 291.

Putting head out of car-door on approaching station: whether a part of his
duty or not, and whether his inference to that effect was properly drawn
from conduct of company's employees, is question for jury. Houston, etc.,
R. R. Co. v. Hampton (Tex.). 291.

Status of, in connection with railway company. 295 n.

MANDAMUS.

Completion of railway not enforceable by, at prayer of State, where its land
grant to road contained forfeiture for failure to complete. State of Kan-
sas v. Southern Kansas R. R. Co. (U. S. C. C., Kan.). 198.

Lies to compel erection of station. State v. Republican Val. R. R. Co. (Neb.).
500, 506.

MASTER AND SERVANT.

Fellow-servant Rule.

A general statement of rule. 320, note, 319-335.

Different department limitations. 323 n.
Limitations upon the rule. 321 n.

Origin and history of the rule. 320 n.
Rationale of the general rule. 333 n.

Chicago, Milwaukee & St. Paul R. R. Co. v. Ross, in U. S. Supreme
Court, commented on. 332 n.

Contributory negligence of a fellow-servant co-operating with the negli
gence of employees of another road no bar to recovery. Gray v. Phila. &
Reading R. R. Co. (U. S., N. Y., N. D.). 351.

List of Massachusetts cases.

325 n.

List of New York cases. 328 n.

Massachusetts and New York cases; summary of. 331 n.

Master's duty as to machinery and selection of servants; origin of this
branch of the rule. 321 n.

Master's own torts. 321 n.

Railway-accident insurance. 334 n.

Same employer, control, and business, make employees fellow-servants, al-
though grade different. M. P. R. R. Co. v. Watts (Tex.). 277.

Statute abrogating fellow-servant rule as to railroad companies does not
deny railroad companies the equal protection of the laws within 14th
Amendment of U. S. Constitution. Missouri Pacific R. R. Co. v. Mackey
(Kan.). 306.

Statutes abrogating the rule. 333 n.

Statutes: constitutionality and validity of statutes. 333 n.

Statutory abrogation of fellow-servant rule: plaintiff required to use ordi-
nary care only; slight negligence no bar. Missouri Pacific R. R. Co. v.
Mackey (Kan.). 306.

Evidence held to show that injury was
that plaintiff exercised ordinary care.
Mackey (Kan.). 306.

Track-repairer and engineer are not. 360 n.

Vice-principal limitation. 322 n.

Who are fellow-servants.

Miscellaneous Propositions.

354 n.

caused by fellow-servant, and
Missouri Pacific R. R. Co. v.

Dangerous work outside of regular employment; cases reviewed. 285 n.
Instruction as to rules applicable to service, not duty of employer to give, un-
less employee asks it or is known to be ignorant. Missouri Pacific R. R.
Co. v. Watts (Tex.). 277.

MASTER AND SERVANT-Continued.

Miscellaneous Propositions-Continued.

Means of protection, duty of employer to use all reasonable, as to dangers
from extrinsic causes. Missouri Pacific R. R. Co. v. Watts (Tex.). 277.
Opportunity to acquire the knowledge and skill requisite for the services
for which servant is employed: company is bound to give. Moore v.
C., B. & Q. R. R. Co. (Iowa). 396.

Post of duty: injury to servant while at other than usual post of duty; he
must show that duty called him to the place in which he was injured.
Atlanta, etc., R. R. Co. v. Ray (Ga.). 281.

Repair of car on switch, duty to place guards to protect against dangers to
all passing engines, etc. Missouri Pacific R. R. Co. v. Watts (Tex.). 277.
Servant's liability to master for mistake as to instructions considered. Nel-
son v. Chicago, etc., R. R. Co. (Wis.). 391.

Wrongful discharge of employee is refusal to furnish employment and breach
of agreement therefor. Moore v. C., B. & Q. R. R. Co. (Iowa). 396.

MATERIAL-MEN'S LIEN.

See LIENS.

MAYOR.

Killing stock: jurisdiction of action for killing. Wabash, etc., R. R. Co. v.
Lash*, 595 n.

MISTAKE.

See REFORMATION.

Rescission on ground of, must be preceded by return of consideration. Co-
lumbus, etc., R. R. Co. v. Steinfield (Ohio). 268.

MONEY HAD AND RECEIVED.

Action for, lies to recover overcharge. W. Va. T. Co. v. Sweetzer (W. Va.).
469.

MORTGAGE.

Contract by company with its stockholders as to its land grant held not to
convey it absolutely, but to create a mortgage security thereon. St. Paul,
etc., R. R. Co. v. McDonald (Minn.). 208.

Lease of mortgaged railway enjoined as interfering with security. Phillips
v. Eastern R. R. Co. (Mass.). 247.

MUNICIPAL CORPORATION.

Horse railway in streets: city has power to permit, to reasonable extent.
(Tex.) 160.

Railway in streets: power of municipality to grant railway company the
right to lay its tracks upon streets. 160 n.

NEGLIGENCE.

See CATTLE; CATTLE GUARDS; EVIDENCE; FENCES; FIRES; PLEADING;
TRAINS: WHISTLE.

See also CONTRIBUTORY NEGLIGENCE.

Act of God and negligence of defendant co-operating to cause injury: defend-
ant liable. 305 n.

Alighting from moving train: evidence of invitation to alight. Edgar v.
Northern R. R. Co. (Ont.). 433 and 437 n.

NEGLIGENCE-Continued.

Bad weather: animal not seen until too late to stop: train properly equipped
and manned. Held, company not liable for injury to stock. Alabama,
etc., R. R. Co. v. McAlpine (Ala.). 602.

Board of fence detached, no excuse for company that fence was generally de-
fective. Balto., etc., R. R. Co. v. Schultz (Ohio). 579.

Brakeman setting switch and waiting for train to pass him, and then board
it, and injured in so doing-recovery barred. 286 n.

Building burned by spread of fire, wind held an intervening cause. Penn.
Co. v. Whitlock (Ind.). 625.

Carrier cannot by contract limit his liability for negligence. East Tennessee,
etc., R. R. Co. v. Johnston (Ala.). 437.

Combustibles on right of way, leaving, is negligence. Clarke v. Chicago, etc.,
R. R. Co.* (Minn.). 648 n.

Company liable for accident caused by failure to keep bushes on right of way
cut down. Eames v. Texas, etc., Co. (Tex.). 540.

Dangerous movement: brakeman jumping from car to tender: custom, safety,
and convenience in that respect may be shown by witness acquainted there-
with. Whitsett v. C., R. Î. & P. R. R. Co. (Iowa). 336.

But witness cannot testify that he would jump down on same place
that plaintiff did. Whitsett v. C., R. I. & P. R. R. Co. (Iowa). 336.
Dangerous position: brakeman thrusting body out of car-door is negligent.
295 n.

Leg hanging over side of car: person riding in such position negligent.
295 n.

Servants walking over a train in motion is not negligence per se-
question of contributory negligence is for jury. Atchison, etc., R. R.
Co. v. McCandliss (Kan.). 296.

Defective fence: animals kept in field some time without escaping through,
does not excuse company's neglect. Balto., etc., R. R. Co. v. Schultz
(Ohio). 579.

Employees need not attempt the impossible or useless, in order to avoid in-
jury. East Tenn., etc., R. R. Co. v. Bayliss (Ala.). 596.

Evidence of looking at crossing, of hearing no signals there, that it was not
train time, and that no flagman was at crossing, held enough to present
question of negligence to jury. Guggenheim v. Lake Shore, etc., R. R.
Co. (Mich.). 546.

Failure to give signals at crossing: killing stock: jury to judge of negligence.
Kendrick v. Chicago, etc., R. R. Co.* (Mo.). 595 n.

Failure to stop at station after slowing up and calling it out, to which plain-
tiff had ticket, evidence of invitation to alight. Question of reasonable
care by plaintiff in attempting to alight, is for jury. Edgar v. Northern
R. R. Co. (Ont.). 433.

Frightening horse by escaping steam. 557 n.

Gate of fence left open: what must be shown to recover. Redmore v. Wa-
bash, etc., Co.* (Mo.). 595 n.

Horses killed while on unfenced track, company liable. Burlington, etc., R.
R. Co. v. Webb (Neb.). 617.

Imputed negligence as to injury to goods. 354 n.

Imputed negligence as to passengers. 354 n.

Imputed negligence: note on. 354 n.

Instruction concerning, as applied to particular facts, held proper. Ill. Cen-
tral R. R. Co. v. Haskins (Ill.). 343.

Lapse of time not sufficient to enable company to repair fence is matter of de-
fence. St. Louis, etc., R. R. Co. v. Busby (Mo.). 589.

Latest appliances to insure safety, duty of company as to adoption. Ala-
bama, etc., R. R. Co. v. McAlpine (Ala.). 602.

Liability of railway company for, notwithstanding contributory negligence of
plaintiff. 537 n.

Locomotive construction, facts held not enough to warrant inference of
faulty construction. Butcher v. Vaca, etc., R. R. Co. (Cal.). 644.

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