to Portland, 549 n.
Repeal of act granting right of
way; construction after held to
give no right. Roberts v. Mo.,

K. & T. R. Co. (Kan.), 532.
Right of way granted by congress;
use of by abutters. Adverse
possession, 577 n.
School and railway land grants.
Conflict. Texas constitutional
provisions, 542 n.

Power to

School lands. Grant of congress
held to embrace Indian lands in
which Indians had right of pos-
session only. Roberts v. Mo.,
K. & T. R. Co. (Kan.), 532.
Special legislation. Act purport-
ing to give Mo., Kan. & Tex. R.
Co. right of way held unconsti-
tutional. Roberts v. Mo., K. &
T. R. Co. (Kan.), 232.
LATERAL RAILROADS.
Authority to construct.
construct lateral road gives
power to construct branch run-
ning in same direction with main
line. Blanton 2'. Richmond,
etc., R. Co. (Va.), 617.
Branch road connecting with
another railway is still branch
road which company may con-
struct. Blanton v. Richmond,
etc., R. Co. (Va.), 617.
Compensation for condemnation

of right of way precludes claim
for compensation for subsequent
construction of side tracks.
White . Chicago, etc., R. Co.
(Ind.), 156.

Definition. Lateral railroad is
merely an offshoot from the main
line. Blanton V. Richmond,
etc., R. Co. (Va.), 617.
What are. Authority to construct,

621 n.

"Works required" in charter held

to mean building and equipping
of main stem, and not branch
road. Blanton 7. Richmond,
etc., R. Co. (Va.), 617.
LANDLORD AND TENANT.
Entry on premises under authority
from landlord. Injury to ten-
ant, 611 n.

Right of way purchased from land-
lord company liable for de-
struction of tenant's crops and
fences. Chattanooga, etc., R.
Co. v. Brown (Ga.), 611.

LEASE.

Applicability of statute. Liability
of lessor and lessee of street
railway as to repairing street
governed by same statute. Gil-
more v. City of Utica (N. Y.),
225.

Car trust lease. Payment of rent
by paying interest on trust cer-
tificates. Modification of agree-
ment. Effect on non-assenting
certificate holders. Humphreys
v. New York, etc., R. Co. (N.
Y.), 700.

Foreign decree declaring lease in-
valid conclusive as bar in pend-
ing suit to cancel lease and en-
join issue of stock. Memphis
& C. R. Co. v. Grayson (Ala.), •

681.

Liability of lessee for lessor com-
pany's debts, 688 n.

Liability of lessor for injuries hap-

pening through operation of
leased road, 694 n.

Liability of lessor for torts of lessee

happening on lessor company's
road where lease was made un-
der authority of law. Va. Mid-
land R. Co. v. Washington, (Va.),
688.

Receiver. Power of court to di-
rect receiver to take lease of
connecting line in foreclosure
proceedings. Mercantile T. Co.
v. Mo. K. & T. R. Co. (C. C.),
469.

Rentals on rolling stock. See
MORTGAGE.

Retaking leased rails. Trespass
to realty. See TRESPASS.
Rolling stock held by company
under agreement to pay rent,
lessor retaining title must pay
for use of. Kneeland v. Am. L.
& T. Co. (U. S.), 519.

Rental payable by receiver
should be according to reason-
able value irrespective of actual
use. Kneeland v. Am. L. & T.
Co. (U. S.), 519.

Specific performance of agreement
to pay rent for lease of road,
652 n.
Stockholder; action by to set aside
lease and for accounting, 688 n.

estopped as against corpora-
tion from impeaching validity
of lease made by it. Memphis
& C. R. Co. v. Grayson, (Ala.),

681.

LEASE-Continued.

estoppel against to attack va-
lidity of lease is relieved when
corporation itself repudiates
lease. Memphis & C. R. Co. v.
Grayson (Ala.), 681.

Ultra vires. Lease by one railroad
of its property to another with-
out any authority whatever is
void. Memphis & C. R. Co. v.
Grayson (Ala.), 681.

lease of railroad without leg-
islative authority invalid.
687 n.

Stockholder estopped to at-
tack validity of lease, but third
persons can claim no benefit
thereby in order to avoid lease
as being ultra vires. Memphis
& C. R. Co. v. Grayson (Ala.),
681.

LICENSE.

Width conveyed under license or

grant of right of way, 597 n.
Width of right of way acquired.
Entry under license gives entire,
width of land authorized by law
to be taken. Hargis v. Kansas
City, etc., R. Co. (Mo.), 599.
LIEN. See MECHANICS' LIEN; MORT-
GAGE.

Equitable lien; what constitutes

a creation of, to secure debt.
Fidelity Ins. T. & S. D. Co. v.
Shenandoah Val. R. Co. (W.
Va.), 356.

Traffic and operating contract be-
tween two roads held to create
nc lien taking precedence of
mortgage executed after breach
of contract. Des Moines & F.
D. R. Co. v. Wabash, etc., R.
Co. (U. S.), 694.
LIMITATION OF ACTION.
Action by municipality held liable

for street accident over against
street railway; six months' lim-
itation not applicable. Carty v.
City of London (Ont.), 279.
Covenant to fence constitutes writ-
ten contract if deed is accepted
by grantee although not signed
by him. Midland R. Co. v.
Fisher (Ind.), 578.
Presumption of grant of right of
way where petition is not filed
in two years after that time com-
pany is not liable for removing
building from right of way.
Gudger v. Richmond & D. Ŕ.
Co. (N. Car.), 606.

LIMITATION OF ACTION—Contin
ued.

Trespass to realty; action for,

must be commenced within
three years. Rule in case of
continuing trespass. Savannah,
etc., R. Co. v. Davis (Fla.), 542.
LOCATION.

Amendment of charter taking
away company's power to locate
road and confining it to partic-
ular route held valid. Macon
& B. R. Co. v. Stamps (Ga.),
318.
MANDAMUS.

Construction of embankment by
railroad company occupying
street held not enforceable by
mandamus. State v. N. O. & N.
R. Co. (La.), 258.

Harsh remedy substituted in ex-
traordinary and clearly specified
cases. Legislation extending
remedy strictly construed. State
v. N. O. & N. R. Co. (La.),
258.
Injunction against proceedings
held unnecessary and improper.
Direction to modify injunction.
Macon & B. R. Co. v. Stamps
(Ga.), 318.

Paving of street; duty of com-
pany enforced by mandamus.
State v. N. O. & N. R. Co. (La.),
263.

Statute authorizing proceedings
to coerce specific performance
of contractual obligations, held
not unconstitutional. State v.
N. O. C. & L. R. Co. (La.), 276.
MASTER AND SERVANT.
Fellow-servants. Fireman and
driver of hose cart both in employ
of city not responsible for acts
of each other causing injury to
one of them. Elyton Land Co.
v. Mingea (Ala.), 309.
Leased railroad. Lessor com-
pany not liable to employe
of lessee for injuries hap-
pening on lessor company's
road. Va. Midland R. Co. v.
Washington (Va.), 688.
MECHANICS' LIEN.

Assignment, 641 m.

Lien may be assigned and as-
signee may enforce it under
Ind. Act. Midland R. O. v.
Wilcox (Ind.), 629.

Claim of lien including more than
is due, 642 n.

MECHANICS' LIEN-Continued.
Constructed and unconstructed
portion of road situated in same
county; contractor acquires lien
on part which he built. Mid-
land R. Co. v. Wilcox (Ind.),
629.
Counties

where work is per.
formed; right to enforce lien in,
not confined to one county.
Lien fastens upon entire line.
Midland R. Co. v. Wilcox (Ind.),
629.

Enforcement of lien against land
appurtenant to depot. Pleading,
642 n.

Filing claim. Proportion of
materials furnished to con-
tractor and his assignee, 641 n.
Foreclosure of lien. Staying exe-
cution while other claims are
pending, 642 n.

General lien law; application of
to railroads, 629 n.
Judgments against railroads by
material men binds contractors
having notice. Midland R.
Co. v. Wilcox (Ind.), 629.
"Materials. '

Giant powder is
"material" within meaning of
Giant-Powder Co. v. Ore.

act.

Pac. R. Co. (C. C.), 622.

supplied in the construction
of railroads; liens for, 629 n.
Notice filed in proper counties will
cover entire line included in one
contract. Midland R. Co. v.
Wilcox (Ind.), 629.
Priority over mortgage. See
MORTGAGE.

Property subject to lien. Rail-
ways included in phrase "any
other structure" under Ore.
Act. Giant-Powder Co. V.
Ore. Pac. R. Co. (C. C.), 622.
Proportion of road subject to lien,
629 n.

Proportion of road subject to lien.
Claim may be confined to sec-
tion in construction of which
material was used. Giant-
Powder Co. v. Ore. Pac. R. Co.
(C. C.), 622.

Road as entirety; enforcement of
lien against, 641 n.

lien is given on under Ind.
Act, and not on detached frag-
ments. Midland R. Co. v.
Wilcox (Ind.), 629.

Sub-contractors' lien.

Lien only

Xfor quantum meruit, 642 n.

Paint stone, 570 n.
Petroleum, 570 n.
Salt, 570 n.

Limestone is a mineral with-
in the meaning of sections 77,
78 of the Railways Clauses Act,
1845. Midland R. Co. v. Rob-
inson (Eng.), 557.

Notice of intention to work min-
erals under railway, what will
justify owner in giving under
English act. Midland R. Co.

v. Robinson (Eng.), 557.
Owner's intention to work mines
or minerals under English Act
includes mines or beds worked
by surface operations. Midland
R. Co. v. Robinson (Eng.), 557.
MORTGAGE. See BONDS.
After Acquired Property.
After acquired property, 463 n.
After acquired property. Land
granted after mortgage to aid
in construction of road not in--
cluded in mortgage.
New Or-
leans & P. R. Co. v. Union T.
Co. (C. C.), 458.

Foreclosure.

See PRIORITY, post.
Car trust lease. Action of re-
ceiver in using cars after notice
of petition to return them, and
failure of bondholders to object,
held not to amount to conver-
sion. Indebtedness on lease
not a prior lien. Farmers' L. &
T. Co. v. Chicago & A. R. Co.
(C. C.), 436.
Consolidation of three separate
suits for foreclosure of different
mortgages not granted. Mer-
cantile T. Co. v. Mo., K. & T.
R. Co. (C. C.), 469.

Cross bill by mortgagor against
lessee and mortgagees seeking
accounting and adjustment of
liens, when not granted. Mer-
cantile T. Co. v. Mo., K. & T.
R. Co. (C. C.), 469.
Expenses and services of trustee
when provided for in trust deed;
receiver ordered to pay. Mer-
cantile T. Co. v. Mo., K. & T.

MORTGAGE.

Foreclosure-Continued.
R. Co. (C. C.), 469.
Fiduciary relation between officers
of mortgagor and of company
endorsing its bonds and foreclos-
ing mortgage held not to invali-
date decree in absence of fraud.
Toledo, etc., R. Co. v. Hamil-
ton (U. S.), 485.
Finality of decree requiring pur-
chase of rolling stock and mak-
ing it a charge on road; power
of court to vacate. Central
Trust Co. v. Grant L. W. (U.
S.), 503.

Lease of connecting line; power
of court to direct receiver to
take without notice to parties.
Mercantile T. Co. v. Mo., K. &
T. R. Co. (C. C.), 469.
Mortgator's counsel, allowance to
out of funds in receiver's hands
not permissible. Mercantile T.
Co. v. Mo., K. & T. R. Co. (C.
C.), 469.

Parties. Grantor of legal title not
necessary party where mort-
gagee and holder of title are
parties. Mercantile T. Co. v.
Mo., K. & T. R. Co. (C. C), 469.
Party bidding at sale makes him-
self party to proceeding. Right
to be heard on questions affect-
ing his bid. Kneeland v. Am.
L. & T. Co. (U. S.), 519.
Payment of current expenses
from earnings during receiver-
ship, 531 n.
Receivership extended over por-
tion of road on which prior lien
is claimed on application of
payment. Mercantile T. Co. v.
Mo., K. & T. R. Co. (C. C.), 469.
Release of errors by trustee of
second mortgage in proceedings
to foreclose first mortgage rights
of bondholders not parties to
suit to appeal. Elwell v. Fos-
dick (U. S.), 450.
Reorganization. Issue of shares
to bondholders in excess of
what he is entitled to, enjoined.
Lincoln Nat.. Bk. v. Portland
(Me.), 463.

Sale. Purchaser required to pay
cash to meet such claims as
court may have judged to have
priority, held to have no right
to appeal from decree requiring
payment of claim for rolling

Priority.

Construction of dock held not
to give contractor equitable lien
prior to mortgage. Toledo,
etc., R. Co. v. Hamilton (U. S.),
476.
Mechanics' lien, 484 m.

for construction of dock;
mortgage takes priority over.
Toledo, etc., R. Co. v. Hamil-
ton (U. S.), 476.

Rental of rolling stock and instal-
ments of price over mortgage
lien, 531.

Property held under equitable ti-
tle; mechanics' lien of con-
tractor on, not prior to mort-
gage. Toledo, etc., R. Co. v.
Hamilton (U. S.), 476.

Rentals of rolling stock accruing
during possession of lessee held
not entitled to priority over
mortgage so far as they accrued
before appointment of receiver.
Kneeland v. Am. L. & T. Co.
(U. S.), 519.

Rental of rolling stock during
first receivership held not enti-
tled to priority over mortgage.
Kneeland v. Ám. L. & T. Co.
(U. S.), 519.
Traffic and operating agreement
between two roads held to create
no lien taking precedence of
mortgage executed after breach
of agreement. Des Moines &
F. D. R. Co. v. Wabash, etc.,
R. Co. (U. S.), 694.
MUNICIPAL AID.
Construction of statute. Act held
not to contemplate that towns
should vote municipal funds.
Macon & B. R. Co. v. Stamps
(Ga.), 318.
Constitutional provisions prohib
iting granting of municipal aid,
176 n.
Contract by city to secure right of

MUNICIPAL AID-Continued.

way for railroad company vio-
lates constitutional provision
against granting of municipal
aid. Covington & M. R. Co. v.
Mayor, etc. (Ga.), 174.
Issue of shares to municipality

NEGLIGENCE-Continued.

act of independent contractor
unless act must have been an-
ticipated as probable conse-
quence of work contracted for.
Ohio S. R. Co. v. Morey (Ohio)

97.

BONDS.

Lincoln

Nat. Bk. v. Portland (Me.), 463.
MUNICIPAL CORPORATION. See
NUISANCE; STREET RAILWAYS.
City is not authorized by charter
giving it control of streets to
contract to secure right of way
to railroad company. Coving-
ton & M. R. Co. v. Mayor, etc.
(Ga.), 174.

Constitutional provision prohibit-
ing granting of municipal aid,
176 n.

Contract by city to secure right of
way for railroad company vio-
lates constitutional provision
against granting of municipal
aid. Covington & M. R. Co. v.
Mayor, etc. (Ga.), 174.
Fireman injured by overturning
of hose cart through negligence
of driver of cart. In action
against street railway company,
held that they were not respon-
sible for acts of each other.
Elyton Land Co. v. Mingea
(Ala.), 309.
NEGLIGENCE. See CONTRIBUTORY
NEGLIGENCE; CHILDREN; FIRES;
STREETS; STREET RAILWAYS.
Failure to avoid injury to trav-
eller furnishes ground of action
although traveller guilty of neg-
ligence. Kellny v. Mo. Pac. R.
Co. (Mo.), 186.
Imputed negligence. See PARENT
AND CHILD.

Fireman injured by over-
turning of hose cart cannot
have imputed to him negligence
of driver. Elyton Land Co. v.
Mingea (Ala.), 309.

of person driving vehicle,
315 n..
Liability for acts of independent

contractors, 104 n.

Pleading. Complaint held not
objectionable in not specifying
negligence which caused injury.
Pope v. Kansas City C. R. Co.
(Mo.), 290.

Principal is not responsible for

NUISANCE. See STREETS, STREET

RAILWAY.

Determination of what constitutes
a nuisance is a question of fact.
State v. Heidenhain (La), 287.
Municipal corporation has large
discretion in determining what
constitutes. When discretion
will be interfered with. State
v. Heidenhain (La.), 287.
Statute defining nuisance and au-
thorizing action to be brought
by any person injuriously af-
fected thereby, held not to
change common law rule re-
quiring plaintiff in action to
show special injury irreparable
in its nature. Fogg v. Nevada
C. O. R. Co. (Nev.), 105.
OBSTRUCTING TRACK. See CRIM-
INAL LAW.

OFFICERS AND AGENTS. See AT-

TACHMENT.

Director; advances by, held not

to give lien on bonds, director's
action being a fraud on com-
pany. Richardson v. Green
(U. S.), 380.

advances made by, to whom
paid up stock had been issued
gratis; director held not to have
priority over bona fide creditor
on bonds given him as collateral.
Richardson v. Green (U. S.),
380.

re-

buying land through which
railway is located cannot
cover damages for trespass by
company. Wrightsville & T.
R. Co. v. Holmes (Ga.), 699.

equity will not enforce con-
tract made by with corporation
except good faith be shown.
Richardson v. Green (U. S.),
380.
Fiduciary relation between officers
and mortgagor and of company
endorsing its bonds and fore-
closing mortgage held not to in-
validate decree in absence of
fraud. Toledo, etc., R. Co. v.
Hamilton (U. S.), 485.