was so included. Held, that this inclusion was proper, so far as it cov-
ered converters' services in having the goods dyed and finished, and in the
absence of evidence to the contrary it would be presumed to be correct as
to any other elements of the item.
-N. Erlanger, Blumgart & Co. v. United States, 154 Fed. 949.....
83 C. C. A. 463
Customs Administrative Act June 10, 1890, c. 407, § 13, 26 Stat. 136
[U. S. Comp. St. 1901, p. 1932], making decisions of appraising officers
final and conclusive, does not prevent inquiry as to whether such officers
acted legally; and evidence is admissible to show that items independent
of the actual value have been included in the appraised value. Ap-
praisers may not cut off all inquiry into their action by merely stating that
an item was added "to make market value."
-N. Erlanger, Blumgart & Co. v. United States, 154 Fed. 949.
§ 4. Payment and collection, refunding, and drawback.
In an action against an importer for unpaid duties, the Circuit Court
has ample power to suspend the trial until the importer, by payment of
the duties assessed, may put himself in position to try the question as to
classification of the goods before the Board of General Appraisers.
-United States v. Tiffany & Co., 153 Fed. 969........83 C. C. A. 81
§ 5. Violations of customs laws.
Held, that articles in the clothing are "baggage," within the meaning of
section 2802, Rev. St. [U. S. Comp. St. 1901, p. 1873], relating to the con-
cealment of dutiable articles "found in the baggage of any person ar-
riving within the United States," and that a package of precious stones
found in the pocket of a passenger is forfeitable under said provision.
-Two Hundred and Eighteen and one-half Carats Loose Emeralds
v. United States, 154 Fed. 839....
...83 C. C. A. 475
Compensation for property taken for public use, see "Eminent Domain," § 1.
Damages for particular injuries.
Breach of contract for transportation, see "Carriers," § 1.
Breach of contract to deliver cargo, see "Shipping," § 4.
Infringement of patent, see "Patents," § 5.
Plaintiff in an action for injuries is entitled to recover only for such fu-
ture pain and suffering as are reasonably certain to result on account of
the injury, as distinguished from pain and suffering that may or are
merely probable or likely to result.
-Chicago, M. & St. P. Ry. Co. v. Newsome, 154 Fed. 665.
Upon a breach by a vendor of a covenant to furnish an abstract of ti-
tle in a contract which grants a time option to purchase land, the measure
of damages is the difference between the contract price and the value of
the land, and the issue whether or not the vendee would have bought the
land if the vendor had furnished the abstract is speculative and imma-
terial.
-Hampton Stave Co. v. Gardner, 154 Fed. 805........83 C. C. A. 521
§ 2. Pleading, evidence, and assessment.
In an action for personal injuries, evidence of the condition of the in-
jured member up to the time of trial is admissible.
-Chicago, M. & St. P. Ry. Co. v. Heil, 154 Fed. 626...83 C. C. A. 400
Caused by operation of railroad, see "Railroads," § 2.
Liability for death of passenger, see "Carriers," § 1.
Liability for death of servant, see "Master and Servant," §§ 1, 2.
§ 1. Actions for causing death.
The Colorado statute, giving a right of action for wrongful death
(Mills' Ann. St. §§ 1508-1510), first, to the husband or wife of the de-
ceased, or, second, to his child or children, or, third, to his father and
mother, or the survivor of them, includes among its beneficiaries nonresi-
dent aliens having the prescribed relationship to the deceased.
-Patek v. American Smelting & Refining Co., 154 Fed. 190..
In an action for wrongful death, it was shown that deceased was a
passenger on a vestibule train on defendant's railroad, and alighted
therefrom at night at the town where he resided. The station, town, and
the home of deceased were all on the west side of the track, and the
doors of the train were opened on that side. On a side track to the east-
ward of the main track, a freight train was standing waiting for the pas
senger train to pass. After the latter had gone, the freight started, but
a coupling broke, and the cars were separated some 30 feet before the
front portion stopped, standing across a private crossing. The conductor
and a flagman went back to the caboose with a lantern for a knuckle,
walking along the west side of the cars. After the front part of the train
had been backed up and coupled, the conductor passed forward to the en-
gine on the same side of the cars, when he discovered the body of the de-
ceased lying near the private crossing, on its back, with the feet to the
west, and the head on the west rail, where it had been crushed by the
wheels evidently when the cars were backed. There were no other inju-
ries, and the clothing was not disarranged. The side track at the place
of the injury was being moved, and the earth had been removed from be-
tween the ties, and it was unlighted. Held, that such facts would not
warrant a finding that the death was due to such condition of the track,
where all the evidence tended to show that the case was one of suicide,
and, in any event, that deceased was a trespasser and guilty of such con-
tributory negligence as to preclude a recovery.
-Payne v. Illinois Cent. R. Co., 155 Fed. 73..........83 C. C. A. 589
To justify the submission to the jury of a case brought to recover for
the death of a person, alleged to have been caused by the negligence of
defendant, there must be substantive proof not only of such negligence,
but that it brought about the injury.
-Payne v. Illinois Cent. R. Co., 155 Fed. 73..........83 C. C. A. 589
See "Bankruptcy"; "Fraudulent Conveyances."
Use by post office inspectors, see "Post Office,” § 1.
In fraud of creditors, see "Fraudulent Conveyances."
For payment of bill or note, see "Bills and Notes," § 1.
Allowance of costs of taking in admiralty, see "Admiralty," § 3.
Amendment of bill of particulars in United States court, see "Courts," § 3
Examination of jurors, see "Jury," § 1.
Review in civil actions, see "Appeal and Error," § 8.
Dismissal of suit in equity, see "Equity," § 4.
An owner of property, or an agent of such owner, who knowingly rents
the same to another to be used as a bawdyhouse, the keeping of which is
a misdemeanor, aids and abets the commission of the offense, and under
Pen. Code Alaska, § 188, which provides that in misdemeanors there are
no accessories, is punishable as a principal.
-Rosencranz v. United States, 155 Fed. 38...........83 C. C. A. 634
Although Alaska Pen. Code, § 128, expressly makes common fame coш-
petent evidence in support of an indictment for keeping a bawdyhouse for
purposes of prostitution, such evidence alone is not sufficient proof to war-
rant a conviction, but there must be some evidence that the house was in
83 C.C.A.-46
fact kept and used for such purposes. Such evidence need not, however,
be direct, but may be circumstantial.
-Botts v. United States, 155 Fed. 50....
Of estate of bankrupt, see "Bankruptcy," § 3.
Ground of jurisdiction of United States courts, see "Courts," § 3; "Removal
of Causes," § 1.
Of parties as affecting venue, see "Venue," § 1.
Residence as ground of jurisdiction, see "Courts," § 3.
Action for in admiralty, see "Admiralty," § 2.
In indictment, see "Indictment and Information," § 1.
Customs duties, see "Customs Duties."
Pendency of other action as ground for abatement, see "Abatement and Re-
vival," 1.
Against estate of bankrupt, see "Bankruptcy," § 3.
Of mail matter, see "Post Office," § 1.
Lots on a tract of land were conveyed by deeds containing a condition
prohibiting their use for certain purposes, such as for the erection and
maintenance of any slaughterhouse, smith shop, steam engine or distillery,
brewery or saloon, etc., and providing that such condition might be enforced
by action by the owner of any other lot on the tract. Certain of such lots
were condemned by the United States as a site for a seacoast fortification.
Held, that these particular conditions did not create a true easement as
known to the common law in favor of other lot owners, nor were they in-
tended to apply to public works, but merely to restrict what might be done
by persons or business corporations in their own interest, and that, under
the circumstances the owners of lots not taken had no interest for which
they were entitled to compensation.
-Wharton v. United States, 153 Fed. 876....
EMPLOYERS' LIABILITY INSURANCE.
See "Insurance," §§ 1, 4, 5, 8.
See "Master and Servant."
Approval by of performance of contract, see "Contracts," § 4.
Of imported goods, see "Customs Duties," § 3.
Particular subjects of equitable jurisdiction and equitable remedies.
See "Fraudulent Conveyances"; "Injunction"; "Receivers"; "Specific Per-
formance"; "Trusts."
Compelling satisfaction of judgment, see "Judgment," § 3.
Enforcement of attorney's lien, see "Attorney and Client," § 1.
Suits for infringement of patents, see "Patents," § 5.
Necessity of bill of exceptions for purpose of review, see "Appeal and Er-
ror," § 5.
§ 1. Jurisdiction, principles, and maxims.
Where a federal court of equity acquired jurisdiction of a suit by an
administrator with the will annexed, to determine a claim of lien on cer-
tain lands belonging to testator and declare the rights of the parties, the
court having determined that the title to the land was in the administra-
tor and that the defendants were entitled to a lien under a certain con-
tract, it was not bound to remand the cause to the probate court for the
enforcement of such lien by a sale of the land, but could retain jurisdic-
tion until complete justice had been accomplished by a sale of the land
and distribution of the proceeds between the administrator and the lien-
..83 C. C. A. 252
-Quinton v. Neville, 154 Fed. 432....
An action at law does not afford an adequate remedy for the breach of
a contract to convey real estate or for a failure to execute a trust with
which it is charged.
-Rogers v. Penobscot Min. Co., 154 Fed. 606......
§ 2. Parties and process.
It is the aim of a court of equity to do complete justice by deciding
upon and settling the rights of all persons directly interested in the sub-
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