Not private

50

The doings of, and of their officers, and the records and files of, are
open to public inspection

No special interest need be shown

Public officer has no exclusive right to examine

50

50

50

Inspection not to be charged for, unless made by officer, or his subor-
dinates

CONTRACTS OF.

. 50

Exclusive contract for lighting the streets with coal gas, is not in-
fringed by permitting electric lights on the streets and in stores. 115
Exclusive contracts with gas companies are valid, but subject to the
State's police power
HOLDERS OF BONDS OF.

.. 117
Purchasers in open market, without notice, are bona fide holders. 380
Irregularities or defects not apparent, do not prejudice the right of
bona fide holders

.381

Excess of issue over constitutional limitation of indebtedness does not
invalidate

Irregularities in calling the election required by law does not in-
validate .

. 381

.381

Notice of defects is not to be imputed to holder from pendency of
litigation over the issue of the bonds .

.382

Estopped by recitals

382

In aid of railways, valid in the hands of a bona fide purchaser.
Latent defects in execution are not a defense against bona fide
holders

382

.382

Want of power to issue the bonds affects the right of bona fide
holders

The municipality is not estopped by recitals
Excess of constitutional limitation of indebtedness affects a bona fide
holder

MUTUAL BENEFIT INSURANCE.

Insanity considered as within the phrase "sickness or other dis-
ability," so as to entitle the member to benefit .

NATURALIZATION.

CANCELLATION.

- 334

Certificate obtained by fraud in a State Court, will be cancelled in a
Federal Court

NATURAL GAS.

An article of commerce whose transportation cannot be
State laws.

Belongs to the owner of the ground, until it escapes
Pennsylvania Act of 1885

. . . 795

restricted by

. 117

93

102

NATURAL GAS CORPORATIONS.

In Pennsylvania, are incorporated under General Laws.
Use of public street or country highway by a natural gas corporation
is an additional burden and must be compensated for
The owner of land may lay a pipe under the easement of a railroad
company

Ejectment will lie against the lessee as his interest is considered cor-
porial in Pennsylvania

105

The usual rules of negligence apply to natural gas

107

In Pennsylvania such corporations are subject to municipal regula-
tion . .

. 107

Must make reasonable rates.

109

In the absence of expert evidence, a court will not decide that natural

NATURAL GAS CORPORATIONS—(continued.)

gas is included in lease to mine for petroleum, rock or carbon oil, or
other valuable substances

EMINENT DOMAIN.

114

The right of, granted to natural gas corporations in Pennsylvania,
is within the constitutional power of the Legislature.

LEASES.

STREETS, Use of.

. 102

Municipal contracts may be avoided by City Council if not warranted
by charter

116

WAY, EXCLUSIVE RIGHT of,

May be void as contrary to public policy, and imposing an unreason-
able restraint upon trade

117

NATIONAL BANKS.

JURISDICTION OF FEDERAL COURTS.

May be sued, or bring suit, in the Federal Courts by or against a citi-
zen of another State from that in which the bank is located, when the
amount involved reaches the statutory limit.
206

Suit by stockholder of, against its officers and directors, all of whom
are residents of the same State with such stockholder, to compel the
collection of a note due the bank and the payment by the directors of
sums lost by reason of their alleged illegal conduct, is not within the
jurisdiction of the Federal Courts

NEGLIGENCE.

CONTRIBUTORY NEGLIGENCE. See RAILROads.

. . 407

Not chargeable to a pedestrian who, being aware of defects in a side-
walk, abandons it for the roadway

71

Is chargeable to one who rides with another in his wagon, by the lat-
ter's invitation and not for hire, and fails to warn the driver of their
approach to a dangerous railroad crossing, which he knows well and
might have seen, if he had exercised ordinary care

..272

71
Is chargeable to one who stands between two tracks of a cable com-
pany and attempts to board a car on one track without watching for
cars coming in the opposite direction on the other track.
Going upon a railroad track with knowledge that a fast train is due,
795
Is not chargeable to a shipper of stock who uses the only platform
provided by a railroad company for that purpose, although he knows
it to be unsafe, but who exercises reasonable care in its use

is

272

Is not chargeable to one who, having been placed, through the negli
gence of another, in a position of danger, does not exercise coolness
and presence of mind in trying to escape from such danger. · · 334
DEFECTIVE BRIDGE.

Oponed by a municipality for public tmyel, renders it liable for dam-
ages, although one side of the bridge may have been perfectly
safe
272

FIREWORKS.

Negligent discharge of, will render the persons in charge of the dis-
play lia' le for the injuries thereby inflicted
NOTICE

272

Of the dangerous condition of a builling is not necessary to charge
the owner with liability for injuries sustained through its falling. 272
NOTARY PUBLIC.

WOMAN

Cannot be a notary public under the Massachusetts law.

NUISANCE.

334

None per se, when ties dendants are making a lawful use of their
franchise

- 551

OIL. See DAMAGES, MINERALS.
DEFINITION.

Oil not synonymous with gas

PROPERTY IN

A well sunk by the owner is his exclusively

II

II

Not analogous to the surface owner's right in running streams c

Taken out by wrong-doer, remains the property of the wel

owner

SEVERANCE of,

From the freehold, does not divest the owner of his title
OYSTERS.

Natural oyster-bed as distinguished from artificial is not one plante
and constituting a mass or stratum .

PARTIES TO ACTION.

CONFLICT OF Laws.

33.

Administrator appointed in Maryland cannot sue in Maryland under
a West Virginia statute for the death of his intestate caused by negli
gence in West Virginia .

PARTNERSHIP.

CONVERSION. See SURVIVing Partner.
DISSOLUTION.

408

Decreed in equity where party has been induced to enter into
through fraud or deceit, or business cannot be worked at a profit. 551
EXECUTOR

Carrying on, with the surviving partner with testator's assets as di-
rected by the will, not liable personally for the old firm's debts. . 551
INTEREST ON CAPITAL.

Charge of, does not convert an agreement, otherwise constituting a
partnership, into a relation of debtor and creditor. .
REAL ESTATE.

.. 624

Purchase of, by a surviving partner under an attachment in a suit
brought by him for a partnership debt, at the sheriff's sale, does not
make such property real estate descendible to the heirs
PASSENGER. See COMMon Carriers.

PATENTS AND INVENTIONS.

EXPIRATION

.795

Between the service of the bill for infringement and the return day
bars relief in equity. .

LICENSE.

. . . 551

To use cannot be revoked, when it does not contain a revocation
clause, and licensor must resort to action at law

.-795

REVOCATION. See LICENSE.

PEDDLING.

Statute prohibiting, is valid.

405

But peddling without a license cannot be forbidden to citizens of
another State.

621

POLICE POWER OF THE STATES.

See INTERSTATE COMMERCE, STATE POWER.
Must yield to the commercial power of the United States
Not delegated to the United States, and not prohibited to the States,
and consequently reserved to the States.

425

426

741

Congress cannot exercise police powers within a State; though a
State cannot by its police power, prevent interstate commerce.
The Supreme Court of the United States will uphold State police
regulations, when enacted in good faith and appropriate to the pro-
tection of life, liberty and property

741

A provision in an internal revenue act, fixing the flashing point of il-
luminating oil, is of no effect in a State

741

POLICE POWER OF THE STATES-\continued.)

A patent for illuminating oil, is no defense for violating a State regu-
lation forbidding the sale of such oil.

74!

A State cannot collect the expenses of maintaining paupers, or of e-
ercising its police laws, by a tax on immigrants.

POST OFFICE.

NON-MAILABLE MATTER.

460

A postal card, on which is written a demand for a debt, coupled with
a threat to place the account with a lawyer, or law agency for collec-
tion, is non-mailable matter under the provisions of the Act of Con-
gress of September 26, 1888

562

But a demand for a debt may be written upon a postal card, if
couched in respectful language, and not put in such form as to attract
public attention or make it offensive to the person addressed.
The Acts and the cases under them considered
PAYMENTS BY MISTAKE

582

. 585-592

Made by the Post Office Department to contractors, may be recovered
back at the suit of the United States..

PRINCIPAL AND SURETY.

71

BOND.

Surety is liable on bond for accounting by clerk of a District Court
ordered under the practice of the Court.

- 551

CONTRIBUTION

Refused in equity to an administrator of the paying surety after delay
of eighteen years . .

INSANITY

- 551

No excuse for delay on the part of co-surety, where trustee ap-
pointed..

PRIVILEGE.

SERVICE OF Process

- 551

In a civil suit upon one who has been brought from another State by
requisition and, after hearing, discharged from custody, but has not
left the court room, is void

PROCESS. See LEGAL HOLIDAYS, PRIVILEGE.

PUBLIC LANDS.

MILITARY LAND WARRANT,

408

When located, vests the title at once in the holder and .ocator, and is
payment for the land.

TIMBER

72

Unlawfully severed from public lands and purchased by a railroad
company, may be recovered back from the latter at the suit of the
United States.

PUBLIC OFFICERS.

HABITUAL DRUNKENNESS

. 135

Chargeable to an official, so as to render nim liable .o removal from
his office under a constitutional provision, when he drinks to excess
six or eight times a year

SECRETARY OF THE TREASURY

· 334

May be compelled by mandamus to deliver a draft for his compensa-
tion to a government contractor, whose work has been approved. 624

PUBLIC OFFICES. See LEGAL HOLIDAYS.

PUBLIC SCHOOLS. See CHRISTIANITY.

RAILROADS. See COMMON CARRIER, MASTER AND SERVANT.
CONTRIBUTORY NEGLIGENCE.

Driving for two miles on a railroad track constitutes contributory
negligence, and the drunkenness of a person injured thereby does not
affect the question of his negligence

. 135

RAILROADS—(continued.)

Is not chargeable to a passenger in the caboose of a freight train who
gets up while the train is in motion and is thrown down and jure
by a sudden jerking of the engine. ..

33:
Stumbling over baggage in the aisle of a passenger car, which could
have been plainly seen, will not entitle person thus injured to dam
ages from the railroad company . . .

COUPON TICKET

Over different lines does not render the company issuing it liable fo:
injuries sustained by the holder while riding over one of the connect
ing lines.

FARE. See RETURN TICKET.

... 72

Of passenger may be refused after the train has been stopped for the
purpose of ejecting him for the non-payment of his fare . . . . . 207
FREE PASS,

Exempting from liability, frees the company from responsibility for
negligence

Conflict in the decisions upon the question considered
INFANT

.

38€

391-404

Who is injured while trespassing upon a railroad track, cannot re-
cover damages from the railroad company
INJUNCTION

Will not be granted against a railroad company upon an allegation
that the running of its trains constitute a nuisance to persons residing
near its tracks, unless it be shown that there is some abuse or negli-
gent use by the railroad of its franchise
INTERSTATE Commerce.

. . . 624

Equity has no power to compel a railroad to enter into contract
with another road for a joint through rate and routing of freight and
passengers under act relating to

LIABILITY.

The fact that traveler's goods are lost in a sleeping car does not re-
lieve the railroad company

LIVE STOCK.

. . 266

Lookout for live stock upon its track need not be kept by a railroad
company, in order to relieve it from liability to the owners of cattle
killed by its trains

135

Statute making the killing of cattle by engines or cars prima facie
evidence of negligence, applies to cattle yoked to a cart and in charge

of a driver

LOOKOUT.

. . . 207

Engineer when not passing through an incorporated town or city or
crossing a public street or highway, not bound to look out for persons

on track ..

NEGLIGENCE

. . . 795

In the emission of sparks from a locomotive can only be rebutted by
showing proper appliances were used by a skilled engineer... 551
RETURN TICKET.

Condition requiring a return ticket to be stamped and signed at the
place of destination before it is used for return passage, is binding
upon the passenger presenting it, though he may have failed to read
the condition

SIGNAL

72

Need not be given by a railroad train when approaching a private
farm crossing.

207
Need not be given before starting a train which has been stopped at a
point not a station, for the purpose of taking on wood.

624

SPEED.

In the discretion of the company when not passing through an in-
corporated town or passing a public street or highway.

795