INSTRUCTIONS TO JURY. Additional instructions must be requested if those given seem to counsel not Addition to instruction not injurious to party offering it, not error as against Correct use of, by court not necessary; may be refused if erroneous. Balti- Evidence: instructions must be based on. Whitsett v. C., R. I. & P. R. R. Co. Negligence: instructions concerning, as applied to particular facts, held proper. Offering of: trial-court may by recorded rule of court require instructions to be INSURANCE. Railway accident insurance. 334 n. INTEREST. On value of animal between time of killing and trial, not recoverable in Kan- 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 INTERIOR, SECRETARY OF. See SWAMP LANDS. JOINT AND SEVERAL LIABILITY. Contract by letter: offer signed by officers of two companies: parol evidence JUDICIAL SALE. Sale of stock under void execution: rights of party in whose name it stands JURISDICTION. See FEDERAL AND STATE COURTS; JURY AND JURY TRIAL. INJUNCTIONS. Contributory negligence, jury to decide as to existence of, when evidence is 534. Jury service not to exceed four weeks in a year, means in calendar year. Verdict. See VERDICT. JUSTICE OF THE PEACE. Killing stock, jurisdiction of action for. Wabash, etc., R. R. Co. v. Lash* LACHES. Recognition of liability after lapse of years removes bar of laches in equity. LAND GRANT. Contract by company with its stockholders as to its land grant held not to Exemption of, from taxation, not continuable after conveying land grant to LEASE OF RAILWAY. Sale of property by lessor: statute on, construed. Phillips v. Eastern R. R. Co. Torts of lessee, lessor not liable for. Missouri P. R. R. Co. v. Watts (Tex.). 277. Trust upon earnings to create a sinking fund, does not in itself prevent leasing 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- Shipper contracting to supervise loading of cattle, and accepting a car not pro- MACHINERY AND APPLIANCES. Appliances adjacent to track for use in operating road, e.g., water-crane: Hoisting coal: injury by crane, by negligence of fellow-servant, company not Knowledge or reason for knowledge of defect, ground for liability; instruc- MAIL-AGENT. Mail-agent or his heirs are entitled to recover of a railway company for injury Putting head out of car-door on approaching station: whether a part of his Status of, in connection with railway company. 295 n. MANDAMUS. Completion of railway not enforceable by, at prayer of State, where its land Lies to compel erection of station. State v. Republican Val. R. R. Co. (Neb.). MASTER AND SERVANT. Fellow-servant Rule. A general statement of rule. 320, note, 319-335. Different department limitations. 323 n. Origin and history of the rule. 320 n. Chicago, Milwaukee & St. Paul R. R. Co. v. Ross, in U. S. Supreme Contributory negligence of a fellow-servant co-operating with the negli 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 Master's own torts. 321 n. Railway-accident insurance. 334 n. Same employer, control, and business, make employees fellow-servants, al- Statute abrogating fellow-servant rule as to railroad companies does not 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- Evidence held to show that injury was 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 Dangerous work outside of regular employment; cases reviewed. 285 n. MASTER AND SERVANT-Continued. Miscellaneous Propositions-Continued. Means of protection, duty of employer to use all reasonable, as to dangers Post of duty: injury to servant while at other than usual post of duty; he Repair of car on switch, duty to place guards to protect against dangers to Wrongful discharge of employee is refusal to furnish employment and breach MATERIAL-MEN'S LIEN. See LIENS. MAYOR. Killing stock: jurisdiction of action for killing. Wabash, etc., R. R. Co. v. MISTAKE. See REFORMATION. Rescission on ground of, must be preceded by return of consideration. Co- MONEY HAD AND RECEIVED. Action for, lies to recover overcharge. W. Va. T. Co. v. Sweetzer (W. Va.). MORTGAGE. Contract by company with its stockholders as to its land grant held not to Lease of mortgaged railway enjoined as interfering with security. Phillips MUNICIPAL CORPORATION. Horse railway in streets: city has power to permit, to reasonable extent. Railway in streets: power of municipality to grant railway company the NEGLIGENCE. See CATTLE; CATTLE GUARDS; EVIDENCE; FENCES; FIRES; PLEADING; See also CONTRIBUTORY NEGLIGENCE. Act of God and negligence of defendant co-operating to cause injury: defend- Alighting from moving train: evidence of invitation to alight. Edgar v. NEGLIGENCE-Continued. Bad weather: animal not seen until too late to stop: train properly equipped Board of fence detached, no excuse for company that fence was generally de- Brakeman setting switch and waiting for train to pass him, and then board Building burned by spread of fire, wind held an intervening cause. Penn. Carrier cannot by contract limit his liability for negligence. East Tennessee, Combustibles on right of way, leaving, is negligence. Clarke v. Chicago, etc., Company liable for accident caused by failure to keep bushes on right of way Dangerous movement: brakeman jumping from car to tender: custom, safety, But witness cannot testify that he would jump down on same place Leg hanging over side of car: person riding in such position negligent. Servants walking over a train in motion is not negligence per se- Defective fence: animals kept in field some time without escaping through, Employees need not attempt the impossible or useless, in order to avoid in- Evidence of looking at crossing, of hearing no signals there, that it was not Failure to give signals at crossing: killing stock: jury to judge of negligence. Failure to stop at station after slowing up and calling it out, to which plain- Frightening horse by escaping steam. 557 n. Gate of fence left open: what must be shown to recover. Redmore v. Wa- Horses killed while on unfenced track, company liable. Burlington, etc., R. 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- Lapse of time not sufficient to enable company to repair fence is matter of de- Latest appliances to insure safety, duty of company as to adoption. Ala- Liability of railway company for, notwithstanding contributory negligence of Locomotive construction, facts held not enough to warrant inference of |