NEGLIGENCE-Continued.

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

Mail-agent putting head out of car-door on approaching station: whether this
is 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.

Maintaining insufficient fence several weeks is. Balto., etc., R. R. Co. v.
Schultz (Ohio). 579.

287.

Obstruction of space next to track injuring employee on side of car: no negli-
gence in employee not to be on lookout for unknown obstruction of that
kind: company liable. Kearns v. Chicago, etc., R. R. Co. (Iowa).
Omission of duty must have contributed to injury in order to authorize re-
covery. East Tenn., etc., R. R. Co. v. Bayliss (Ala.). 596.
Presumption that men will avoid danger: this may be invoked when the di-
rect evidence does not clearly show what the person in question did:*
but when the evidence thereon is clear and direct the presumption
should not be invoked. Whitsett v. C., R. I. & P. R. R. Co. (Iowa).
336.

Prima-facie case of diligence proved, rebuts imputation of negligence. Ala-
bama, etc., R. R. Co. v. McAlpine (Ala.). 602.

Proximate cause defined. Eames v. Texas, etc., R. R. Co. (Tex.). 541.
Question of fact for jury, in general. 551 n.

Risks incident to service accepted by one who seeks and accepts employment.
Missouri Pac. R. R. Co. v. Watts (Tex.). 277.

Rule where contributory negligence exists, as to cattle straying on track. 539

n.

Sheep killed while unlawfully on highway, company not liable. Daniels v.
Grand Trunk R. R. Co. (Ont.). 609.

Speed: engineer going over track just after storm likely to cause washouts,
and knowing that no track-repairers had been over the road after the
storm, held guilty of contributory negligence in running around a curve
at unnecessarily high speed, and into a washout. Sweeney v. Minnea-
polis, etc., R. R. Co. (Minn.). 302.

Sudden quickening of, may be shown to be liable to jerk train, and
sometimes break coupling-irons. Whitsett v. C., R. I. & P. R. R. Co.
(Iowa). 336.

Stopping train, duty as to, to avoid injury. 601 n.

Time-table: change in: negligence of engineer concerning. See TIME

TABLE.

Track, obstruction near: injury to employee. 545 n.

Unusual force in coupling cars is question of fact and not of opinion: witness
may state as a fact if he knows whether or not unusual force was used.
Missouri Pacific R. R. Co. v. Marten (Tex.).. 409.

Verdict for company, facts held not sufficient to warrant. Johnson v. Balto.,
etc., R. R. Co. (W. Va.). 578 n.

Where engine uncouples from car at crossing to let team through it, is not
negligence to go between them with team. Geveke v. Grand Rapids, etc.,
R. R. Co. (Mich.). 551.

Opening steam cocks of cylinder while team passing through is negli-
gence. Ibid. 551.

OFFICE AND OFFICER.

Attorney: president's power to employ, considered: it is his duty to consult
directory first; but expense thereof, if incurred in good faith, is charge-
able to company. Davis v. Memphis City R. R. Co. (U. S. C. C., W.D.). 1.
Officers are trustees for company.` Davis v. Memphis City R. R. Co. (U. S.
C. C., W. D.). 1.

OFFICE AND OFFICER-Continued.

President: expense incurred by, in employing counsel for company, if incurred
in good faith, is chargeable to company, though it was his duty to con-
sult directory first. Davis . Memphis City R. R. Co. (U. S. C. C.,
W.D.). 1.
Salary: directory packed in order to vote an excessive salary to an officer.
Such fraud is breach of trust, and salary not recoverable. Otherwise in
case of mere error of judgment by directors. Davis . Memphis City
R. R. Co. (U. S. C. C., W. D. Tenn.). 1.

Service of process and notice on: corporation charged with criminal offence
brought into court by service of copy of summons on one of its officers or
agents. State v. Western North Carolina R. R. Co. (N. Car.). 58.

OPERATING EXPENSES.

Definition of, by enumeration in Massachusetts statute construed. Phillips .
Eastern R. R. Co. (Mass.). 247.

OVERCHARGE.

Action for: no demand necessary in. West Va. T. Co. v. Sweetzer (W. Va.).
469.

Excessive payments made to railway company are not voluntary, where there
is no competing road over which shipment may be sent, even though such
payments were made after shipment was delivered. West Va. T. Co. v.
Sweetzer (W. Va.). 469.

May be recovered in action for money had and received. W. Va. T. Co. v.
Sweetzer (W. Va.). 469.

Penalty for complainant must bring himself within statute to recover. Mur-
ray v. Gulf, etc., R. R. Co. (Tex.). 464.

Right to recover.

490 n.

Statutory remedy for, cumulative, not exclusive. Murray v. Gulf, etc., R. R.
Co. (Tex.). 464.

PASSENGER.

Destination and train: error of conductor in answering passenger's inquiry as
to her route, leading her to wrong train, from which she is ejected; com
pany liable. International & Great Northern R. R. Co. v. Gilbert (Tex.).
405.
Limited ticket: delay by railway company beyond time; expulsion of passen-
ger from train. 404 n.

Mistake by which person takes wrong train does not deprive her of rights of
passenger; company liable for her wrongful ejection from train and for
natural consequences. International, etc., R. R. Co. v. Willie (Tex.).

405.
Mistake as to train, duty of conductor concerning. He should return passen-
ger by next train. International R. R. Co. v. Gilbert (Tex.). 405.
Package falling from rack and injuring passenger: negligence of employee
charged with duty to care for such packages a question for jury; com-
pany liable for injury resulting from his breach of duty. 411 n.
Refusal to pay fare when lawfully demanded makes person not a passenger
but a trespasser, who may be ejected at any place if it will not expose him
to serious injury or result in wanton injury to him.
ern Pacific R. R. Co. (Minn.). 402.

PENALTY.

Wyman v. North-

Contract containing penalty or forfeiture for breach not specifically enforced.
State of Kansas v. Southern R. R. Co. (U. S. C. C., Kan.). 198.
Mode of enforcing, is in discretion of legislature. Mo. Pac. R. R. Co. v.
Humes (U. S. Sup. Ct.). 557.

PERSONALTY.

Shares of stock are: trover will lie for their misappropriation. Budd v. Mult-
nomah Street R. R. Co. (Oreg.) 27.

PLEADING AND PRACTICE.

See APPEAL.

After verdict, complaint sufficient, if it warrants inference that animal
escaped on right of way by company's neglect to fence. St. Louis, etc.,
R. R. Co. v. Busby (Mo.) 589.

Construed against pleader. Murray v. Gulf, etc., R. R. Co. (Tex.). 464.
Contributory negligence, duty to negative. 651 n.

Contributory negligence: freedom from, must be averred. Louisville, etc., R.
Co. v. Lockridge (Ind.). 649.

Description of baggage, in declaration for failure to deliver, held sufficiently
certain on demurrer. Montgomery & Eufaula R. R. Co. v. Culver (Ala.).
411.
Duplicity in complaint, failure to demur, admission of evidence considered.
Scott v. Chicago, etc., R. R. Co.* (Iowa). 595 n.

Duty to fence at point where cattle entered must be pleaded. 594 n.
Fact: questions of, in Illinois, when passed on by trial court and finding con-
firmed by appellate court, will not be reviewed by supreme court. Ill.
Central R. R. Co. v. Haskins (Ill.). 343.

Failure to fence and entry of cow upon right of way at that point, averment
held sufficient. Moore v. Wabash, etc., R. R. Co.* (Mo.). 594 n.
"Securely fenced," averment that track was not, held sufficient. Evansville,
etc., R. R. Co. v. Tipton* (Ind.). 594 n.

Special actions and remedies. See APPROPRIATE TITLES.

Danger: presumption that men will avoid. This may be invoked when the
direct evidence does not clearly show what the person in question did;
but when the evidence thereon is clear and direct the presumption should
not be invoked by instruction. Whitsett v. C., R. Î. & P. R. R. Co.
(Iowa). 336.

PROOF.

Place of entry of cattle on right of way. Evansville, etc,, R. R. Co. v.
Mosier (Ind.). 569.

PROXIMATE CAUSE.

See FIRE.

Defined. Eames v. Texas, etc., R. R. Co. (Tex.). 541.

Killing cattle. 625 n.

Remote fires caused by spread of fire started by a negligent act. 637 n.
Steam, frightening horse by. 557 n.

Wind held an intervening cause of fire. Penn. Co. v. Whitlock (Ind.). 629.

PURCHASE FOR VALUE WITHOUT NOTICE.

Property that has escaped taxation by inadvertence of officers is liable to tax-
ation in the hands of a subsequent purchaser for the years it has escaped.
Hannibal, etc., R. R. Co. v. Ĉity of Kansas (Mo.). 239.

Extra charges for station accommodations, etc., 'as "incidental to the business
of a carrier," prima facie proper; what are such "incidentals" under Reg-
ulation of Railways Act (26 and 27 Vict. St. c. 218, § 51) is for commis-
sion to decide. Hall v. London, etc., R. R. Co., Q. B. Div. 446.
Salary does not cease when they are enjoined from performing their duties.
Savage v. Packard (Tenn.). 490.

Under statute, held to have power to authorize_one railway company to use
another's tracks. Providence, etc., R. R. Co. v. Norwich, etc., R. R. Co.
(Mass.). 493.

RATES.

See RAILWAY COMMISSION.

Fraction of 100 pounds, rate per 100 pounds chargeable for carrying. Mur-
ray v. Gulf, etc., R. R. Co. (Tex.). 464.

"Incidentals" as ground for extra charges under Regulation of Railways Act
(26 and 27 Vict. c. 218, § 51): what are, is for railway commission to
decide; station accommodations are prima facie. Hall v. London, etc.,
R. R. Co., Q. B. Div. 446.

Stipulation in bill of lading that property was to be used for a certain pur-
pose, as consideration for reduced rate, binding on shipper. Fry v.
Louisville, etc., R. R. Co. (Ind.). 442.

RECEIVER.

Packing of board of directors for purpose of misappropriating funds of com-
pany is breach of trust, and semble ground for injunction and receiver.
Davis v. Memphis City R. R. Co. (U. S. C. C., W. D.). 1.

REFORMATION.

Contract may be reformed, and specific performance, as reformed, or adequate
compensation for non-performance, may be decreed in one suit. Colum-
bus, etc., R. R. Co. v. Steinfield (Ohio). 260.

Evidence at hearing: the original writing, and subsequent acts of parties with
reference thereto, admissible to prove fraud or mistake. Columbus, etc.,
R. R. Co. v. Steinfield (Ohio). 260.

REMOVAL OF CAUSES.

RES ADJUDICATA.

See FEDERAL AND STATE COURT.

Eminent domain: party taking more ground than is needed, and by selling
surplus throwing new burden on owner of fee: how much was needed
not concluded by original condemnation proceedings. Platt v. Penn. Co.
(Ohio). 129.

RESCISSION.

Return of consideration received necessary to, where prayed on ground of
mistake. Columbus, etc., R. R. Co. v. Steinfield (Ohio). 260.

REVENUE.
Assessment.

Classification of property for, with different regulations and remedies for
each class, but impartial in provision for application, held not a denial of
"equal protection of the laws." Cincinnati, etc., R. R. Co. v. Common-
wealth of Kentucky (U. S. Sup.). 225.
"Due process of law" held not wanting in a revenue act providing for giv-
ing property-owner notice, receiving his valuation, and giving opportunity
to contest validity of tax in suit for its collection. Cincinnati, etc., R. R.
Co. et al. v. Commonwealth of Kentucky (U. S. Sup. Ct.). 225.
Equality in taxation of corporations: cases cited. 239 n.
Property that has escaped taxation by inadvertence of officers is liable to
taxation in the hands of a subsequent purchaser for the years it has
escaped. Hannibal & St. Jo. R. R. Co. v. City of Kansas (Mo.). 239.
Reassessment against subsequent purchasers considered. 245.

Taxation is not a judicial proceeding within requirement of due process of
law. Cincinnati, etc., R. R. Co. v. Commonwealth of Kentucky (U. S.
Sup. Ct.). 225.

Uniformity in taxation of corporations: cases cited. 239 n.

Collection.

Certificate of county clerk made in conformity to law, as to amount of taxes
due from railway company, prima-facie proof of company's liability.
Hannibal, etc., R. R. Co. v. City of Kansas (Mo.). 239.

Such certificates are merely evidence, and not the foundation of the
suit, and need not be alleged or filed in the case. Hannibal, etc., R. R.
Co. v. City of Kansas (Mo.). 239.

Certification of city taxes on railway can be made by county clerk only on
recorded order of county court. Hannibal, etc., R. R. Co. v. Kansas
(Mo.). 239.

City held authorized to sue railway company in its own name for city taxes
assessed against railroads. Hannibal, etc., R. R. Co. v. City of Kansas
(Mo.). 239.

Compromise of city taxes by county clerk is unauthorized and void. Han-
nibal, etc., R. R. Co. v. City of Kansas (Mo.). 239.

Compromise by city, of its taxes, when forbidden by charter, cannot be
effected by ratifying an unauthorized compromise made by some one else.
Hannibal, etc., R. R. Co. v. City of Kansas (Mo.). 239.

REVERSIONER.

Life-tenant may grant right of way good for his life: reversioner's rights
unimpaired. Hope v. Norfolk, etc., R. R. Co. (Va.). 171.

Railway using right of way on life-tenant's grant, after life-tenant's death,
liable in action for unlawful detainer. Right of action does not arise
until life-tenant's death. Hope v. Norfolk, etc., R. R. Co. (Va.). 171.

RIGHT OF WAY.

See EMINENT DOMAIN; HOMESTEAD.

Appropriation of land for, does not exhaust power of company: new appro-
priations may be made from time to time as necessities of the work re-
quire. Peck v. Louisville, etc., R. R. Co. (Ind.). 193.

Bushes must be kept cut: if left so large as to conceal cattle which step sud-
denly out and are run over by train, which is wrecked in consequence, the
company will be liable. Eames v. Texas, etc., R. R. Co. (Tex.) 540.
Grant of: consideration for contract to issue stock. Bedford Co. v. Nashville,
etc., R. R. Co. (Tenn.). 75.

So of permission by turnpike company to run adjacent to turnpike.
Bedford Co. v. Nashville, etc., R. R. Co. (Tenn.). 75.

Life-tenant's grant of, good during his life, but confers no rights as against
reversioner. Hope v. Norfolk, etc., R. R. Co. (Va.). 171.