machines made during term. Steam Cutler Co. v.
Windsor Co., 18 Blatch. 47; Am. Boring Co. v. Shel-
don, ib. 50; Am. Boring Co. v. Rutland Co., ib. 146,
147; Am. Boring Co. v. Sutherland Co., ib. 148.

2324. Admission of record of connected suit
against different party in another State. U. S. Co.
v. Asbestos Co., 18 Blatch. 310, 312.

2325. Demurrer sustained to bill for infringement
brought in attorney's name.
Goldsmith v. American

2331. Joint owner liable to his co-owner for in-
fringement. Herring v. Gas Consum. Ass'n, 9 Fed.
Rep. 556.

2332. Combination of old devices; the rule stated.
Pickering v. McCullough, 25 Alb. L. J. 36.

2333. Public use of invention before application;
use of corset steels by lady friend. Egbert v. Lipp-
man, 25 Alb. L. J. 35.

2334. Petition for rehearing; newly-discovered
evidence; petition to modify interlocutory decree,
denied, where matter urged was pleadable in future
suits. Page v. Holmes Tel. Co., 18 Blatch. 118.

2335. Bill by married woman belonging to New
York; need not join husband. Lorillard v. Stand-
ard Oil Co., 18 Blatch. 199.

2336. Action against city and board of education;
bringing in new board as party. Allen v. Mayor, etc.,
18 Blatch. 239.

2337. Compromise of injunction suit by consent
of defendant to perpetual injunction, on condition
of license; revocation of license for violation of
terms; proceedings as for contempt; concurrent
jurisdiction of State court; stay of proceedings in
Federal court pending proceedings in State court.
Pentlarge v. Beeston, 18 Blatch. 38.

Assignment.

2338. Recovery, by assignee, of damages for in-
fringement before as well as after assignment.
Campbell v. James, 18 Blatch. 92.

2339. Assignment made before issue of patent,
but not recorded till after; title vests in assignee as
soon as recorded. U. S. Stamp Co. v. Jewett, 18
Blatch. 469.

2340. What amounts to assignment; effect of,
pendente lite. Cumpbell v. James, 18 Blatch. 92.

2341. Allegation of fraud in procuring assign-
ment; plea bad for not setting forth amount of con-
sideration. Secombe v. Campbell, 18 Blatch. 108.

2342. Interest of stranger to suit, no ground for
reopening case. Schneider v. Thill, 18 Blatch. 241.
2343. Purchaser of patent-right note affected

2347. Rock-boring machine. Am. Boring Co. v.
Sutherland Co., 18 Blatch. 148.

2348. Locomotive lamps; measure of profits.
Williams v. Rome, etc., R. R., 18 Blatch. 181.

2349. Bleaching agents. Spill v. Celluloid Co.,
18 Blatch. 190.

2350. Cheese hoops; reissue. Tyler v. Welch, 18
Blatch. 209.

2351. Japanned furniture springs; effect of death
of inventor on attorneyship; specific pleading.
Eagleton Co. v. West Co., 18 Blatch. 218.

2352. Register for bonds and coupons; not a sub-
ject for copyright; city liable for infringement.
Munson v. Mayor, etc., 18 Blatch. 237.

2353. Heaters of steam fire engines; infringe-
ment by fire department. Brickell v. Mayor, etc., 18
Blatch. 273.

2354. Post-office boxes; specifications for reissue.
Yale Co. v. Scoville Co., 18 Blatch. 248.

2355. Cards for buttous. Pratt v. Rosenfeld, 18
Blatch. 234.

2356. The Holly pumping machines. Holly v.
Vergennes Co., 18 Blatch. 327.

2357. Hydraulic power accumulators.

v. Eames, 18 Blatch. 321.

Maguire

2377. Unlawful fees; Federal Acts. Un. States
v. Dowdell, 8 Fed. Rep. 881; 25 Alb. L. J. 58.
Perjury.

2378. False statement in affidavit of surety on
internal revenue bond as to his pecuniary resources.
Ralph v. Un. States, 9 Fed. Rep. 693.

2379. Verification of account presented for audit
to county commissioners; requisites of offense under
New York Acts. People v. O'Reilly, 9 Abb. N. C.
77.

2380. Form of oath administered. Un. States v.
Baer, 18 Blatch. 493.

Perpetuity, 1657.

Personal Liability; of Bank officers, 1494; of
Corporate officers generally, 1547; of Stockholder
in Bank, 1475.

Physician.

2381. Judgment for physician in action for pro-
fessional fees, not a bar to action for malpractice.
Ressegine v. Byers, 52 Wis. 650.

2382. The Act "to protect the citizens of Ohio
from empiricism, and elevate the standing of the
medical profession," interpreted, and held not to
apply to any one who had practiced ten years,
whether before or after the Act was passed, and
whether for compensation or not. Wert v. Clutter,
37 Ohio St. 347.

2383. Right of mid-wife, though not licensed
under Act relating to practice of "physic or surgery,"
to prove loss of business in action against city for
damages from defective highway. Luck v. Ripon,
52 Wis. 196.

Pilots, 2587.
Pleading.

2384. Degree to which denial in answer must be
specific under New York Code. Miller v. McCloskey,
9 Abb. N. C. 303.

more certain.

2385. Motion to make answer
Haines v. Herrick, 9 Abb. N. C. 379.
2386. Evidentiary facts should not be pleaded.
Badeau v. Niles, 9 Abb. N. C. 48.

In Justice's Court, see JUSTICE; in Criminal Law,
see that title.

See also, DEMURRER; EQUITY; PARTIES, and
other specific titles.

Pledge, including Collateral Security.

2387. Fraudulent pledge by broker of customer's
shares put in his keeping for sale; the owner
estopped to claim against innocent pledgee. Burton's
Appeal, 93 Pa. St. 214.

and collection of security.
2388. Duties of pledgee in regard to management
Wells v. Wells, 53 Vt. 1.
See also, 1556, 1559, 1490.

Police Power.

2389. Grant of monopoly to slaughtering com-
pany; the Louisiana Constitution remarked on;
vested rights of company not violating sanitary
regulations. Crescent City Co. v. Butchers' Co., 9
Fed. Rep. 743.

Poor; including Settlement of Paupers.

2390. Settlement by seven years' residence; term
in State prison does not interrupt the residence.
Baltimore v. Chester, 53 Vt. 315.

2391. Break in husband's residence, held to break
wife's also, under English Poor Law. Queen v.
Overseers, 8 Q. B. D. 50.

2392. Purchaser of farm, holding under bond
for a deed, holds "in his own right." Weston v.
Landgrove, 53 Vt. 375.

2393. Authority of town overseers, as to contracts
for relief to transient paupers. Holloway v. Barton,
53 Vt. 300.

2394. Removal of paupers ordered by justices
who were also the complaining overseers; proceed-
ings quashed. Windham v. Wardsboro, 53 Vt. 675.

2395. Power to contract of Board of Poor Guard-
ians of Philadelphia, under Acts. Matthews v.
Philadelphia, 93 Pa. St. 147.

2396. Compelling support of mother; statutory
powers of court. Dierkes v. Phila., 93 Pa. St. 270.
Poor Debtor, 1498.

Possession; as notice of Title to land, 2526.
See also, REPLEVIN, TRESPASS, etc.
Post-office and Postal Laws.

2397. Postmaster effecting saving in postal ser-
vice by use of patent, held personally liable for
infringement. Campbell v. James, 18 Blatch. 92.

2398. Postmaster not an "officer of the revenue.
Campbell v. James, 18 Blatch. 196.

2399. Indictment for fraud affected by sending
matter through the mails. Brand v. United States,
18 Blatch. 384.

2400. Order of master in suit in Federal court
for taking of deposition in another State; defendant
attending hearing served with process from State
court by same plaintiff; held a contempt. Bridges
v. Sheldon, 18 Blatch. 507.

Postmaster liable for use of Patent, 2397.
Related topic, LETTER.

Pre-emption; see PUBLIC LANDS.

Prescription; to use of Water, 2733; and CANAL.
Privilege, of Attorney, 1436; of Party, CONTEMPT.
Priest; Taxation of residence, 1525; see CHURCH.
Probate Law and Practice; this topic is divided
between EXECUTOR, DEVISE, and WILL.
Prohibition, Writ of; 2778.

Promissory Note; see NEGOTIABLE INSTRUMENTS.
Proximate Cause; 2482.

Publication of Notice; 1721, 2204, 2276.
Public Lands.

2401. Prior possession sufficient for recovery
against mere intruder. Fletcher v. Mower, 56 Cal.

421.

2402. Pre-emption right not to be acquired by
intrusion and trespass. Davis v. Scott, 56 Cal. 165.

2403. Pre-emption right; requisites of. Hosmer
v. Duggan, 56 Cal. 257.

2404. Neglect of settler to present claims and
proofs to district officers. Hellman v. Jones, 56 Cal.
462.

2405. Trover by United States for timber cut by
innocent trespasser; measure of damages. United
States v. Mills, 9 Fed. Rep. 684.

2406. Grant to State of mineral lands under Act
of Congress of 1853; reservation of rights of set-
tlers; not confined to pre-emptioners. Wedekind v.
Craig, 56 Cal. 643.

2407. Jurisdiction of land officers; State patents
not void, though their action was erroneous. `O'Con-
nor v. Frasher, 56 Cal. 499.

2408. Application to land office; proof of citi-
zenship; offer excused by rejection of application
as too late. Morrison v. Stalnaker, 3 Morr. Transc.
276.

2409. Decision of Federal land department; con-
clusion in subsequent attempt to acquire from the
State. Mace v. Merrill, 56 Cal. 554.

2410. Validity of patent under former Mexican
grant. Manning v. Sun Jacinto Tin Co., 9 Fed. Rep.

726.

2413. Application to purchase State lands; de-
fects; curative Act of 1872 construed. Rowell v.
Perkins, 56 Cal. 219.

2414. Assignment of location; defense of fraud
practiced in State; to whom open. Churchill v.
Anderson, 56 Cal. 55.

2415. Reference by surveyor-general of contest
as to purchase of State lands. Lane v. Pferdner, 56
Cal. 122.

2416. Right of pre-emptor to file second declara-
tory statement. Cumens v. Cyphers, 56 Cal. 383.

2417. Proof of settlement and improvement;
rules of land office; filing declaratory statement.
Chapman v. Quinn, 56 Cal. 266.

2418. Plat withdrawn and afterward returned to
files; this the true date of filing. Wilkinson v. Mer-
rill, 56 Cal. 559.

2419. Appropriation of water; notice; diligence;
rights as against pre-emption claimant.
Water Co., 56 Cal. 571.

Osgood v.

Ejectment by patentee, 1678; lands granted by
the United States for Railroad purposes, 2463.
Public Officer; see OFFICER.

Quieting Title; see CLOUD ON TITLE.
Quo Warranto.

2420. To test right of incumbent of mayoralty;
writ refused to a private citizen, not claiming right
himself; moreover, the writ is not a writ of right,
and will be refnsed if it is apparent that a spirit of
personal revenge is the animating cause of the ap-
plication. Commonwealth v. Mc Carter (Pa.), 13 Rep.
See also, 1687, 2567.

23.

Railroads; Charter; Organization, etc.

2421. Charter obligations not to be evaded by
surrender of road to lessees. Freeman v. Minneapolis,
etc., R. R. (Minn.), 13 Rep. 112.

2422. Citizenship; New York company's being
lessee of road in Vermont, and there subject to serv-
ice, does not make it citizen of Vermont. Brownell
v. Troy&B. R. R., 18 Blatch. 243.

2423. Consolidation; supplemental complaint al-
towed, to bring in new company in which the de-
fendant company had been merged. Prouty v.
Lake Shore, etc., R. R., 85 N. Y. 272.

2424. Bill by creditor to prevent reorganization
of company on a fraudulent plan. Hancock v. Toledo,
etc., R. R., 9 Fed. Rep. 738.

Railway Mortgages; Rights of Bondholders and Stock-

holders.

2425. Motion of bondholder to set aside fore-
closure of railroad mortgage, on the ground that
plaintiff in the foreclosure obtained judgment for a
larger amount of bonds than was stated in the com-
plaint; motion denied by lower court; held not re-
viewable; alleged fraud and surprise considered,
and held not to justify review of court's discretion.
Peck v. New York, etc., R. Co., 85 N. Y. 246.

2426. Branch road, projected and built after
mortgage was given, held to pass subject to burdens
put upon it in course of acquisition. Coe v. Dela-
ware, etc., R. R., 34 N. J. Eq. 266.

2427. Bill by old bondholder to enforce plan of
reorganization and issue of new bonds, and for dis-
covery. Midland R. R. v. Hitchcock, 34 N. J. Eq.

278.

2428. Conveyance of land for railroad location,
on conditions as to building depot, etc.; equitable
settlement of rights against purchasers at mortgage
sale of company's property. New York, etc., R. R.
v. Stanley, 34 N. J. Eq. 55.

2429. Action by bondholders to remove trustees
under mortgage; application by defendants to enjoin
the action, on the ground that it was part of a
scheme of resistance by a minority, to plan adopted
by majority of bondholders. Farmers' Loan & T.
Co. v. McHenry, 9 Abb. N. C. 235.

2430. The same subject; right of minority of
bondholders to be made parties to foreclosure, in
order to present charges against receiver. De Betz's
Petition, 9 Abb. N. C. 246.

2431. The same subject; application of senior
mortgagees to be made parties in action for fore-
closure of junior mortgage. McHenry's Petition, 9
Abb. N. C. 256.

2432. Foreclosure, subject to plan of reorganiza-
tion allowing old stockholders to take new stock;

limitations; parties.

Vatable v. New York, etc., R.

R., 9 Abb. N. C. 271.
2433. Action on written contract by trustees of
bondholders, not maintainable against the company.
Chaffee v. Rutland R. R., 53 Vt. 345.

The same subject; Receivers.

2434. Receiver protected for acts done under er-
roneous order of appointment. Holcombe v. Johnson,
27 Minn. 353.

2435. Question of priority between holders of
equipment loans made by receivers, and the original
mortgage bondholders; history of the Vermont
Central Railroad litigations reviewed. Langdon v.
Vt. & Canada R. R., 53 Vt. 228.

2436. Suits against receivers; the rule that leave
of appointing court must be had to sue them, ap-
plied; court of another State, is without jurisdiction
to entertain suit for negligent management in State
where they were appointed. Barton v. Barbour (U. S.
S. C.), 25 Alb. L. J. 46.

2437. Agreement between receiver, and commit-
tee of creditors of insolvent company, as to issue
and payment of income bonds; rectification refused
by chancellor. Lehigh Coal Co. v. Central R. R., 34
N. J. Eq. 88.

2438. Motion for receiver; stay of proceedings
pending motion to make complaint more certain.
People v. Manhattan R. R., 9 Abb. N. C. 448.

2439. Order charging receiver on his bond is not
conclusive on surety, who may show that the lia-
bility was for a period antecedent to date of bond.
Thomson v. MacGregor (note), 9 Abb. N. C. 138.

2440. Mismanagement of railway company by its
officers; application by attorney-general to compel
accounting, etc.; previous collusive action against
company not a bar. People v. Bruff (with note), 9
Abb. N. C. 153.

2441. The same subject; removal of receiver for
fraud and collusion. Keeler v. Brooklyn Elev. R. R.,
9 Abb. N. C. 166.

2442. Petition of stockholder to examine receiver's
books; granted under restrictions. Fowler's Peti-
tion, 9 Abb. N. C. 268.

Municipal Aid to Railroads.

See MUNICIPAL CORPORATIONS.
Construction of Road; Taking Lands.

2443. Compensation fixed as of date of taking;
damage to county property. County Comm'rs v. St.
Paul, etc., R. R., 11 North W. Rep. 73.

2444. Proceedings under N. Y. Gen. Railroad Act
to acquire title to land; discretion of Supreme Court
as to commissioners' report; Act making second
report final, not unconstitutional, as depriving court
of jurisdiction, or owner of due process of law.
Prospect Park & Coney 1. R. R., Matter of, 85 N. Y.
489.

2445. Taking strip more than 100 feet in width;
the present statutes govern, whatever the terms of
the original charter; burden of proof of necessity, is
on company; appealable orders. Wisconsin C. R. R.
v. Cornell Univ., 52 Wis. 537.

2446. Uncertain description of land in warranty
deed to railroad, obviated by location of its track
and fence, and long occupation. Messer v. Oestrich,
52 Wis. 684.

2447. Land conveyed on condition that company
should erect depot, etc.; action to set aside deed

2451. Purchaser of land subject to right of way,
held not entitled to building put up by earlier
owner, by permission of company, and then sold to
defendant. Evans v. McLucas (15 S. C.), 13 Rep.
126.

Taking Lands; Continued; Proceedings, etc.
2452. Compensation for flow of surface water di-
verted by embankment. Pfleger v. Hastings, etc., R.
R. (Minn.), 11 North W. Rep. 72.

2453. Company not liable for filling up surface
drain in constructing road-bed. O'Connor v. Fond
du L. R. Co., 52 Wis. 526.

2454. Taking land for side track to private
factory. Getz's Appeal (Pa.), 25 Alb. L. J. 18.

2455. Equitable aid refused to prevent trespass
on road-bed. Troy & B. R. R. v. Boston, etc., R.
R., 13 N. Y. Week. Dig. 341.

2456. Act authorizing company to take land for
depot purposes, to be strictly construed for the pro-
tection of the highway, and of the franchise of horse-
railway therein; company forbidden on the facts
to cross tracks of horse-railway. Penn. R. R.'s
Appeal, 93 Pa. St. 150.

2457. Award of commissioners defective in
awarding gross sum, without ascertaining what was
due to each owner; money paid into court by com-
pany, and nothing further done for some years;
held that owner might maintain trespass against
company. Rusch v. Milwaukee, etc., R. R., 11
North W. Rep. 253.

2458. Grant of right to draw water to supply
railroad station; right to increase size of first pipe
used. Read v. Erie R. Co., 13 N. Y. Week. Dig.
321.

2459. Evidence of value of land condemned;
sales of similar land in the vicinity, ruled out.
Stinson v. Chicago, etc., R. Co., 27 Minn. 284.

2460. Excluding uncertain and remote elements
of damage. Fremont R. R. v. Whalen, 13 Rep. 53.
2461. Cost of fencing remainder of farm taken
in part, may be considered. Montour R. R. v. Scott
(Pa.), 13 Rep. 92.

2462. Lease to another company of rights ac-
quired by condemnation of land; Minnesota Act.
State v. St. Paul, etc., R. R., 11 North W. Rep. 80.

2463. Government grant to railroad of alternate
sections, construed; selection by grantee on line of
road. Wood v. Burlington, etc., R. R., 3 Morr.
Transc. 343.

2464. Action to enforce equitable rights of com-
pany in lands granted to the State to aid construc-
tion of road. West R. R. v. De Graff, 27 Minn. 1.

2465. Conflicting land-grant Acts construed.
Winona, etc., R. R. v. St. Paul, etc., R. R., 27 Minn.
128.

2466. Pre-emption right of settlers under Con-
gressional land-grant; Minnesota Acts examined.
Peterson v. First Div. St. Paul, etc., R. R., 27 Minn.

218.

2467. Authority of English Railway Commis-
sioners to impose costs in proceedings before them.
Foster v. Gr. West. R. Co., 8 Q. B. D. 25.

Powers; Some Miscellaneous Contracts.
2468. Agreement of company not to use steam
within city limits; this agreement being made with
road leased by it, under mutual arrangement, for
purpose of obtaining compensation offered by
public authorities; right of the leased road to use
steam under title subsequently acquired; validity of
Act authorizing such use. People v. Long Isl. R. R.,
9 Abb. N. C. 181.

2479. Refusal to carry; only actual damages al-
lowed. Going v. West. R. R. (Ga.), 25 Alb. L. J. 56.

2480. Passenger not provided with proper ticket
cannot complain of ejection by conductor, even
though the ticket offered by him may have been
stated to be good by the station agent. Hall v.
Memphis & C. R. R., 9 Fed. Rep. 585.

2481. Purchase of ticket for round trip bearing
stipulation that it should be used only on trains
stopping at places in question; the train taken did
not stop, but of this passenger was ignorant until
afterward; the regulation under which it did not
stop was in violation of a statute requiring stopping
at towns containing over three thousand inhabitants;
verdict for plaintiff sustained. Penn. Co. v. Wentz,
37 Ohio St. 333 (advance sheets).

Torts of Employees.

taken benefits.

J. Eq. 266.

2470. Lease of road; discretion of directors as to
modifying rent. Flagg v. Manhattan R. Co., 13
Rep. 41.

2471. Contract by company with city not to
make a certain connection with another railroad;
not binding on another company acquiring its
franchise. Menasha v. Milwaukee & N. R. R., 52

Wis. 414.

2472. Power of directors sustained to make con-
tract with manufacturing company to carry for term
of ten years, at rates not exceeding certain figures,
all the material needed by such company at its
works; the jury having found that there was no
discrimination against other shippers. Cleveland,
etc., R. R. v. Furnace Co., 37 Ohio St. 321.

Carrying of Freight.

2473. Joint traffic arrangement between railway
companies, by which through rates were charged
for freight, and divided proportionately to distance
carried by each; not a partnership; each company
presumably bound for losses only on its own line;
delivery of goods to dispatch company authorized
to solicit business for the various companies; the
same principle applied. St. Louis Ins. Co. v. St.
Louis, etc., R. R., 3 Morr. Transc. 155.

2474. Bill in equity not maintainable to recover
overcharges, though several companies are liable.
Scott v. Erie R. Co., 34 N. J. Eq. 354.

2475. Refusing to deliver cattle to consignee
under mistaken belief that freight had not been
paid; the company held not protected by clause
that they should not be liable for "detention," etc.,
not arising from wilful misconduct. Gordon v.
Great W. R. Co., 8 Q. B. D. 44.

2476. Lien for freight as against consignor in
case of stoppage in transitu. Potts v. N. Y. & N. E.
R. R. (Mass.), 13 Rep. 15.

2477. Goods burned in company's warehouse;
liable as warehousemen under Code. Hirshfield v.
C. Pacific R. R., 56 Cal. 484.

As to Larceny of goods on cars, see LARCENY.
Carrying of Passengers.

2478. Traveling on through ticket; liability of
first and subsequent carriers; liability of transit
company acting as agent of carrier. Keep v. Ind. &
St. L. R. R. (note), 9 Fed. Rep. 625.

2483. Company liable for injury to boy kicked off
train by brakeman. Hoffman v. N. Y. C., etc., R. R.,
13 N. Y. Week. Dig. 313.

Negligence toward Adjoining Owners.

2484. Fires from sparks; burden on plaintiff to
show spark-arrester defective. Jennings v. Penn.
R. R., 93 Pa. St. 337.

2485. Evidence as to defects in spark-arrester;
adjacent owners not bound to prevent leaves and
brush from accumulating. Phila., etc., R. R. v.
Schultz, 93 Pa. St. 341.

2486. Spark-arresters; weight of evidence. Read-
ing, etc., R. R. v. Latshaw, 93 Pa. St. 449.

2487. Sparks from engine setting 'fire to prairie
grass left unmown. Sibelrud v. Minneap. R. R.
(Minn.), 11 North W. Rep. 146.

2488. Fire started in the grass soon after train
passed; presumptions. Karson v. Milu., etc., R. R. Co.
(Minn.), 11 North W. Rep. 122.

Fencing; Injuries to Cattle.

2489. Fencing not obligatory about approaches
to station grounds. Chicago, etc., R. R. Co. v.
Campbell (Mich.), 11 North W. Rep. 152.

2490. Company held liable for failure to fence,
though animal strayed. Schubert v. Minn. & St. L.
R. R. Co., 27 Minn. 360.

2491. Yoke of oxen straying on track; obligation
of company to fence under Michigan Acts; who are
"adjacent owners." Cont. Imp. Co. v. Phelps, 11
North W. Rep. 167.

2492. Running over animals trespassing on track;
rules of earlier decisions followed; remarks of engi-
neer to conductor just after the accident, competent
for plaintiff as res gesta. O'Conner v. Chicago, etc.,
R. R. Co., 27 Minn. 166.

2493. Horse found dead near track; special case.
Jenicke v. Minn., etc., R. R. Co., 27 Minn. 359.

2494. Minnesota Acts requiring companies to
fence; section making failure to do so negligence,
per se, is subject to general rules of law; such as
the assumption of risks by employee in entering
employment. Fleming v. St. Paul, etc., R. R., 27

Minn. 111.

Accidents at Crossings, etc.

2495. The duty of looking and listening for trains
at crossing. Shaw v. Jewett (N. Y.), 13 Rep. 22.
2496. Degree of care required from driver of