RAILROADS― continued.)

STOCKHOLDER

Is not liable for the negligence of the officers, agents or employees of
a railroad company in the operation of its road, though the stock-
holder is another railroad corporation . .
RECORDS. See MUNICIPAL CORPORATIONS.

Right of abstractor to examine municipal

. . 385

49

49

Annual statement of sales for unpaid taxes, made by receiver of taxes,
delivered to city treasurer, is a public record
Statutes and decisions affecting the rights of abstract companies and
private persons to examine, discussed and considered

60-68

64, 66 Minnesota

67

64, 67, 68

. 63. 66

New Jersey
New York.
Pennsylvania

. 49, 65, 67

Wisconsin

RGISTRATION. See ELECTIONS.

RELIGION. See CHRISTIANITY.

RELIGIOUS TEACHING. See CHRISTIANITY.

REMOVAL OF CAUSES.

ACT OF 1887.

Cause in which some of the defendants are residents and others non-
residents, wherein there is only a single controversy, cannot be re-
moved under . . .

DIVERSE CITIZENSHIP.

. . 796

When a creditor's bill cannot be removed from a State Court on the
ground of diverse citizenship, where one or more of the defendants are
citizens of the same State as the plaintiffs
LIMITATION.

... 207

Extension of time to answer in the State Court does not extend the
time to file a petition for removal to the Federal Court
. 135
LOCAL PREJUDICE

Sufficient ground for removal only when all the parties to the action
on one side are citizens of the State where suit is brought, and all on
the other side are citizens of other States.
72

Not sufficiently established by an affidavit of the party, stating that
he has reason to believe and does believe that he will not be able to
obtain justice in the State Court.
. 136
Causes may be removed from the State to the Federal Courts under
Act of March 3, 1887, on the ground of local prejudice

. 796

SALE.

OLEOMARGARINE

Is sold when served with a meal in a restaurant, although not eaten
by the customer

WARRANTY

. 207

Will not be implied that a specific article of a known and recognized
kind and description shall answer the purpose for which it is intended
to be used

SCHOOLS. See CHRISTIANITY.

SCHOOL ROOM.

207

A place of worship within the constitutional prohibition as contained
in the Fifteenth Amendment

SET-OFF.

LOSS OF TRADE

. . 286

Counter-claim for, by selling inferior articles when not sustained in
action for price of goods sold

. 552

SHIPPING.

LIMITED LIABILITY ACT

Of Congress (Act of June 19, 1886) is constitutional.
NEGLIGENCE.

. 134

Vessel using fog horn sounded by the breath, instead of by bellows, is
guilty of negligence

795

Vessel running at the rate of seven knots an hour, in a frequente t
part of the ocean, and in a thick fog, is guilty of
PHYSICIAN.

- 795

Failure of a freighting vessel to provide is not a neglect of duty. 552
SLANDER.

PUBLIC OFFICERS.

What words, when spoken of a public officer, are actionable, without
averment of special damage, when they impute positive incapacity or
misconduct

SLEEPING CAR COMPANIES

--335

Liable to the same responsibilities and obligations as inn-keepers, in
respect to passengers' goods.

251
251
259-265

The security of travelers requires such a rule
The previous cases establish a contrary rule .
The difference between, and an inn-keeper pointed out, and the cases
examined..

265

The question considered with reference to a steamboat owner and the
cases examined. .

.265

266

Not an inn "on wheels

STATUTES. See LEGAL HOLIDAYS.

Right conferred by, upon "all persons," is conferred upon any per-

son

STATUTE OF FRAUDS

Does not apply to contract to support a child until of age
STEAMBOAT OWNER. See SLEEPING CAR COMPANIES.
The question as to the liability of, as an inn-keeper, consid-
ered.
. 265-266

STREETS.

Pedestrian injured by a dangerous nuisance which the city allows a
private corporation to maintain in its street, may recover damages
from the city.

SUNDAY LAWS. See LEGAL HOLIDAYS.
RUNNING TRAINS

On Sunday is not illegal in West Virginia

A school using its receipts for maintenance is within the exemption
of a statute relieving the real estate of scientific institutions occupied
by them for the purposes for which they were incorporated . . . 136
TELEGRAPHS.

DELAY

In the transmission of a message, calling the person to whom it is ad-
dressed to a dying relative, is not excused by the fact that the tele-
graph company was not informed of the relationship of the par-

ties.

HIGHWAY.

..208

Erection of telegraph poles and stringing of wires along a highway al-
ready dedicated to the public constitutes an additional servitude for
which additional compensation must be made to the owners of the
soil ..

... 720

INDEX.

953

ELEGRAPHS-(continued.)

LICENSE TAX

Cannot be imposed upon a telegraph company engaged in interstate
commerce to a greater amount than is necessary to defray the cost of
supervising and controlling its wires and poles for the protection of
property and person

MENTAL SUFFERING

..136

Will not of itself support an action of damages against a telegraph
company for the failure to deliver a message
RAILROAD COMPANY

.. 136

May construct a telegraph line over its right of way for its own use
and benefit in the operation of its road, without rendering itself liable
to the land owners for additional compensation, but not so when the
line is constructed for a different purpose
UNFAVORABLE ATMOSPHERIC CONDITIONS

.. 208

Do not excuse the dropping out of words in the transmission of a tele-
graphic message

272

195

195

A payee, by saying it will be useless to exhibit the money to him,
when such money is present, waives his right to insist that no proper
tender was made

TONNAGE TAXES.

.. 93

A State law, authorizing a municipality to collect wharfage from ves-
sels laden with the products of other States and countries, while such
dues are not demanded from vessels laden with the same articles when
produced in the State, is a regulation of interstate-commerce, and is
void
. . 817

The denial to the States, of the power to lay any duty of tonnage with-
out the consent of Congress, was intended to protect the freedom of
commerce, and therefore does not invalidate legitimate wharf dues
measured by the capacity of the vessels using the wharves. . . .817
Local taxation of vessels by their capacity instead of by value, is un-
constitutional
817

Is made out if the defendant's imitations lead to the conclusion that
they were methodically intended.
. . 796

The words "Warren Hose Supporter," used in connection with a hose
supporter connected with a stocking and placed as labels on boxes
containing hose supporters, are to be protected as .
JURISDICTION.

. . 796

Suit cannot be brought in the Circuit Court for infringing trade marks
used in foreign commerce under Act of March 3, 1881, both parties
being in the State . .

NAME

. . . 796

Of place where goods are manufactured may be used as a trade mark
in combination with other words ..

May be used as a trade mark descriptive of hay knives
OLD MACHINES

Of manufacturer may be used as a trade mark, but not to the exclu-
sion of the right of another person of the same name
"LIGHTNING

. 208

208

- 335

May be bought by a manufacturer, repaired, repainted and sold again,
without removing the original trade mark

336

Cannot be used as a trade mark for sewing machines

· 336

By a mortgagee under a chatte. mortgage void for usury or fraud, is
a trespass

USURY.

ACTION

552

Lies to recover back the difference between the usurious interest paid,
and the amount legally due . . .

NOTE

. . . 552

Given for certain amount and interest, a less amount being really
loaned, is void as usurious..

VENDOR AND VENDEE.
IMPROVEMENTS

552

Put on the property by the vendee in possession are not compensated
fon when the wife of the vendor refuses to join in the deed for their
joint property.

UNITED STATES COURTS.

JURISDICTION.

. . 552

Not conferred upon the Circuit Courts, in actions against the State,
involving questions arising under the Constitution of the United
States, or by the Act of Congress of March 3, 1875.
. 548
Cannot be conferred upon such courts, in actions against a State with
such State's consent, in matters arising out of the Constitution of
the United States.

-549

Supreme Court of United States has no jurisdiction to review the de-
cision of a State Court that a party was not liable in damages when
acting within the scope of judicial authority conferred on him by an
Act of Congress.

. .270

Have no jurisdiction of proceedings in rem, taken under a State
statute against the property of a non-resident defendant, who has not
been personally served or appeared.
130

Have jurisdiction of a suit to set aside a sale of lands forfeited to a
State, the parties being citizens of different States, and may avoid a
deed for such lands, although made in pursuance of the order of the
State Court.
... 134

NO MAN'S LAND

Is subject to the criminal jurisdiction of the United States Court for
the Eastern District of Texas

UNITED STATES MARSHALS. See CONSTITUTIONAL LAW.

.134

May be arrested by the State authorities on a charge of forgery, while
on his way to serve process issuing from a United States Commis-
sioner, if the arrest was not intended to interfere with the service
of the process

WARRANTY.

IMPLIED.

. . . 794

None of quality when the goods are to be as made for other per-

sons.

WATER RIGHTS.

POLLUTION OF SPRING

··552

By the leakage of oil stored on adjoining premises entitles the owner
of the spring to damages from the person thus storing the oil. . 336

WHARFAGE. See TONNAGE TAXES.

WILLS.

Bequest to a corporation not in existence, but to be subsequently
created by legislative enactment, is valid.
CHARITABLE

.. 748

Use is created by a bequest for the education of "two young men for
all coming time" for the Christian ministry
COMMUNITY PROPERTY.

.748

CONTINGENT REMAINDER.

Devise to a wife of one-half of all the testator's property, gives her
one-half of his moiety of the community property.

72

Created by devise of remainder to daughter's children if living at her
death

72

CONTRACT TO MAKE WILL.

What evidence is insufficient to establish
DEVISE

336

Of all the estate the testator is to inherit after her father's death, will
pass her interest in land inherited from her mother, but subject to her
father's curtesy.

DEVISE OVER.

... 336

After a devise to testator's wife, coupled with a power of alienation,
will take effect upon any property of the testator not disposed of by
her before her death

When valid. .

ERASURE

720

720

Of a word by the testator in a will, rendering it illegible, and writing
another word above it, is inoperative to change or revoke the original
provision

LAPSE OF LEGACY

624

Where the legatee dies in the testator's life time, will not be prevented
by the legatee bequeathing to his wife his expectant legacy . . . 136
LEAD PENCIL WRITING,

Signed by testator's, first name only, may be admitted to probate as a
will

VESTED ESTATE.

When given

WRITS.

208

136

Service on a non-resident may be made by prblication, where the bill
seeks to establish a trust of real estate, even though an account and
other relief is also prayed for

.795