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(H) Actions.

(E) Consideration.

(F) Validity.

227 (3) (Mich.) Evidence that defendant 94(1) (Minn.) An outlawed debt is a good bank's assistant cashier signed a township consideration for a check.-Baxter v. Brandentreasurer's official bond upon understanding burg, 163 N. W. 516. that certain deposits would be made in the bank, and so informed one of bank's partners, who raised no objection but continued to 106 (Mich.) A note given solely to enable receive deposits, sustains a finding that such plaintiff to obtain its charter contrary to law partner ratified the contract.-Wexford Tp. v. was without consideration.-East Side Trust & Seeley, 163 N. W. 16. Savings Bank v. McGinnis, 163 N. W. 949.

BAR.

See Dower, 50; Judgment, 570–593.
BASTARDS.

See Criminal Law, 304,

III. PROCEEDINGS UNDER BAS-
TARDY LAWS.

36 (Minn.) Under Gen. St. 1913, § 3214 et seq., prosecution for bastardy is triable in county in which mother of the child resides, and not in county in which defendant resides.-State v. District Court of Blue Earth County, 163 N. W. 797.

51 (Minn.) In a bastardy case, court can allow an amendment to the complaint, where defendant never could have been in any doubt of the exact charges against him.-State v. Solie,

163 N. W. 505.

71 (Minn.) There was no error in instruct ing as to the average period of gestation.-State v. Solie, 163 N. W. 505.

BENEFICIAL ASSOCIATIONS.

See Insurance, 691.

BENEFICIARIES.

See Insurance, 769-793.

BENEFITS.

See Municipal Corporations, 200.

A contract void as against public policy furnishes no consideration for a promissory note. -Id.

IV. NEGOTIABILITY AND TRANSFER. (A) Instruments Negotiable.

170 (Iowa) Under Negotiable Instruments Law (Code Supp. 1913, § 3060a38), an indorsement without recourse does not destroy a note's negotiability.-Higby v. Bahrenfuss, 163 N. W.

247.

V. RIGHTS AND LIABILITIES ON IN.
DORSEMENT OR TRANSFER.

(D) Bona Fide Purchasers.
327 (Iowa) Under Negotiable Instruments
Law (Code Supp. 1913, § 3060a52), defining
holders in due course, section 3060a24, 3060a26,
defining value, etc., and section 3060a56, de-
fining notice of infirmity, an indorsee deeding
land for note after reports that makers were
solvent, and having no knowledge that they
claimed they were not personally liable is a
bona fide purchaser.-Higby v. Bahrenfuss, 163
N. W. 247.

344 (Iowa) That interest on a note was overdue does not constitute notice of dishonor to an indorsee.-Higby v. Bahrenfuss, 163 N. W. 247.

358 (Wis.) Bank taking bonds and notes as collateral for pre-existing debt held not holder in due course under St. 1915, § 1675-51.-Badger Machinery Co. v. Columbia County Electric Light & Power Co., 163 N. W. 188.

VIII. ACTIONS.

BEST AND SECONDARY EVIDENCE.452(3) (Mich.) Want of consideration may

See Criminal Law, 400, 402; Evidence,

158-186.

BICYCLES.

See Municipal Corporations, 706.

BIDS.

See Municipal Corporations, 336, 339.

BILL OF EXCEPTIONS.

See Exceptions, Bill of.

BILL OF SALE.
34.

See Chattel Mortgages,

BILLS AND NOTES.

See Abatement and Revival, 52; Alteration
of Instruments; Husband and Wife,
85.

44,

I. REQUISITES AND VALIDITY. (A) Form and Contents of Bills of Exchange, Drafts, Checks, and Orders.

12 (Minn.) Where an outlawed debt is a good consideration for a check, it need not recite that such is the consideration.-Baxter v. Brandenburg, 163 N. W. 516.

always be shown in defense of a note, upon suit between the original parties.-East Side Trust & Savings Bank v. McGinnis, 163 N. W. 949.

487 (Iowa) In action on note, defendants' proposed amendment to their cross-petition, at close of testimony, that an agreement releasing them from personal liability had been erased from mortgage securing note, was properly denied, or stricken, where there was no evidence of such erasure.-Higby v. Bahrenfuss, 163 N. W. 247.

520 (Minn.) In an action on a note which defendant was induced to execute through fraud, evidence held to warrant a finding that plaintiff was chargeable with notice of the fraud, and that defendant was not negligent in signing the note.-Stevens v. Pearson, 163 N. W. 769.

520 (Minn.) In action on notes given by purchaser of commercial school, evidence held sufficient to raise issue of plaintiff's misrepresentations and defendant's damage therefrom.Vath v. Wiechmann, 163 N. W. 1028.

525 (Minn.) In an action on a note which defendant was induced to execute through fraud, evidence held to warrant a finding that plaintiff was chargeable with notice of the fraud, and that defendant was not negligent in signing the note.-Stevens v. Pearson, 163 N. W. 769. BLOOD POISON.

23 (Minn.) Where a check is given for a valuable consideration, the drawer is the princi- See Master and Servant, ~385. pal debtor, and, where he has no funds in the drawee bank, he becomes absolutely liable in a suit on the check, which liability survives his

BLOOD STAINS.

death.-Baxter v. Brandenburg, 163 N. W. 516. See Criminal Law, 404.

BOATS.

See Bailment, 9, 31, 33.

BONA FIDE PURCHASERS.

tiff's claim for personal injuries due to a defective approach to a bridge, made full investigation offering inducement to settle, did not amount to a waiver of county's rights to question sufficiency of notice to stop running of three months' statute of limitations in view of

See Bills and Notes, 327-358; Vendor and Code, § 3528.-Id.
Purchaser,

227–244.

BONDS.

See Appeal and Error, 1234; Corporations, 473; Counties, 123; Drains, 29; Executors and Administrators, 26, 532, 537; Intoxicating Liquors, 88, 301; Principal and Surety.

V. ACTIONS.

That officers of county, upon receipt of plaintiff's claim for personal injuries due to defective approach to bridge, made full investigation and ty from pleading statute of limitations.—Id. offered inducement to settle, did not estop coun

BRIEFS.

See Appeal and Error, 757-762,

See Factors.

BROKERS.

132 (Wis.) In bond dealer's action to recover installment paid on bonds contingent upon its attorney's approval, evidence that bond market became demoralized, etc., held insufficient to susII. EMPLOYMENT AND AUTHORITY. tain verdict that attorneys in bad faith disap-8(3) (Iowa) In a real estate broker's action proved legality of issue.-Kissel, Kinnicutt & Co. v. Joint School Dist. No. 1, 163 N. W. 167.

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ESTABLISHMENT.

for commissions, evidence held to sustain finding that plaintiff was authorized to act for defendant in procuring a purchaser for real estate. -Johnson v. Buckley, 163 N. W. 342.

8(3) (Iowa) Evidence that broker was employed under contract "to sell" held to sustain allegations of petition that plaintiff was "to find a purchaser" and to warrant finding to that ef

fect.-Fawley v. Sheldon, 163 N. W. 585.

IV. COMPENSATION AND LIEN.

45 (Iowa) In real estate broker's action for commissions in which it appeared that after rendition of services plaintiff abandoned his efworth in such case, plaintiff cannot recover, and in absence of a showing what services were court properly directed a verdict for defendant. -Johnson v. Doubravsky, 163 N. W. 589.

II. EVIDENCE, ASCERTAINMENT, AND 32 (Iowa) a petition to establish a bound-forts and attempted to prevent sale, held that, ary alleging that defendant had fenced a tract of plaintiff's, described by giving its starting point and a line drawn therefrom in one direction, insufficiently describes property in question. Koppes v. Koppes, 163 N. W. 377.

37(5) (Iowa) Evidence of defendant and a surveyor held to sustain a verdict that plaintiff acquiesced in a boundary line run by surveyor pursuant to a partition decree, although such line gave plaintiff some three acres less than contemplated by decree.-Koppes v. Koppes, 163 N. W. 377.

48(7) (Iowa) If parties to a partition decree acquiesce in a division made pursuant to the decree, they are bound thereby, although such division was inaccurate.-Koppes v. Koppes, 163

N. W. 377.

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45 (Iowa) Under direct provisions of Code, § 3447 (1), action founded on injury to person on account of defective bridge was barred within 3 months, unless written notice of injury was served upon county within 60 days.-Howe v. Sioux County, 163 N. W. 411.

Under Code, § 3447 (1), notice of claim against county for personal injuries which fails to state time of injury is insufficient to stop running of three months' statute of limitations.-Id.

That officers of county, upon receipt of plain

56(2) (Iowa) Under broker's contract to find cash purchaser of property, price to be determined by negotiations between owner and buyer, where sale was made direct by owner but not on cash terms, broker is not entitled to commission unless seller had notice that buyer was procured by him.-Fawley v. Sheldon, 163 N. W. 585.

60 (Minn.) Where broker's commission for exchange of land was to be paid only if exchange was made, and contract procured by him was never performed, and he did not show that nonperformance was due to owner's fault, he was not entitled to recover commission.-Appleby v. Dysinger, 163 N. W. 739.

65(1) (Iowa) Where defendant agreed to exchange his farm for another, and his brokers took him to inspect land he was to receive, he could not claim in brokers' suit on note for commission that he relied on and was deceived by their representations that land was worth $150 an acre.-Michaelson v. Schulke, 163 N. W. 228.

65(5) (Iowa) A real estate broker could not chaser had not accepted client's terms, but where recover commissions where his prospective purbroker intended to purchase property personally, and sell it to purchaser.-Braden v. Hollen, 163 N. W. 199.

V. ACTIONS FOR COMPENSATION. 86(1) (Iowa) In broker's action for commissions, evidence held to warrant a jury finding for plaintiff.-Johnson v. Doubravsky, 163 N. W. 589.

In real estate broker's action for commissions, evidence held to show that after trouble with defendant plaintiff abandoned contract and tried to sell other property to purchaser and made disparaging 'remarks concerning defendant's land.-Id.

86(1) (Minn.) Evidence held to sustain find ing that plaintiff had contracted with defendant for a percentage of selling price for securing

purchasers for defendant's land, and that there- | under he procured purchasers and earned the compensation.-Alden v. Sacramento Suburban Fruit Lands Co., 163 N. W. 133.

86(7) (Iowa) In action on note given brokers in payment of commission for making exchange of lands wherein defendant counterclaimed for damages for deceit, evidence held to justify finding that brokers stated land received by defendant was worth $150 an acre, etc., but that de fendant inspected it, with full opportunity to investigate, etc.-Michaelson v. Schulke, 163 N. W. 228.

defendants recognized their duty to care for plaintiff under a parol agreement, decree will be ordered providing that while plaintiff shall remain elsewhere defendants shall pay him $300 per year while he ceases to live with defendants, defendants to pay taxes and keep premises in repair.-Canedy v. Turner, 163 N. W. 42. CANCELLATION OF POLICE RECORD. See Records, 11.

CARLISLE TABLES.

CARMACK AMENDMENT.

86(7) (Iowa) In a real estate broker's action See Evidence, 12. for commissions, evidence held not to show a double agency or acting in interest of the buyer in such bad faith as to warrant denying plaintiff a commission.-Johnson v. Doubravsky, 163 See Carriers, 177, 1812, 185.

N. W. 589.

CARNAL KNOWLEDGE.

88(1) (Iowa) Whether seller had notice that buyer was procured by broker held for jury un- See Rape; Sodomy, 1. der the evidence.-Fawley v. Sheldon, 163 N. W. 585.

88(7) (Iowa) In broker's action for commission, defendant held entitled to instruction on issue of his want of notice that buyer was procured by plaintiff; that portion of general charge referring to such issue being too narrow under the evidence.-Fawley v. Sheldon, 163 N. W. 585.

CARRIERS.

See Municipal Corporations, 705, 706; Negligence, 100.

I. CONTROL AND REGULATION OF
COMMON CARRIERS.

(B) Interstate and International Trans

portation.

VI. RIGHTS, POWERS, AND LIABILI-28 (Neb.) A milling in transit rate is an enTIES AS TO THIRD PERSONS.

102 (Iowa) In action for fraud in procuring a contract for exchange of defendant's real estate for plaintiff's stock of goods, if defendant real estate brokers deceived plaintiff, their liability could not be minified because they were acting as his agents in transaction.-McCann v.

Clark, 163 N. W. 222.

103 (Iowa) In action for fraud in procuring contract for exchange of a defendant's real estate for plaintiff's stock of goods, alleged to have been perpetrated by purported agents of defendant, evidence held not to show a ratification by defendant of alleged fraud.-McCann v. Clark, 163 N. W. 222.

106 (Iowa) In action for fraud in procuring a contract for exchange of defendant's real estate for plaintiff's stock of goods, evidence held not to show fraud or deceit on part of defendant real estate brokers who acted as plaintiff's agents in transaction.-McCann v. Clark, 163 N. W.

222.

BUILDING CONTRACTS.

See Contracts, ~322.

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Conveyances, 47, 199, 200.

BURDEN OF PROOF.

See Criminal Law, 531, 778.

See Cemeteries.

BURIAL.

tirety and must be accepted and carried out in its entirety or not at all.-Fremont Milling Co. v. Chicago & N. W. Ry. Co., 163 N. W. 331.

Shipper cannot sue for unused transit credit on shipments from points in state to points outside and to one point in the state, where parts destination, and where milling in transit privilegof each car were forwarded indiscriminately to es have not been complied with.-Id.

30 (Neb.) Shipper and carrier must comply with published tariff rates, and erroneous statements by either will not relieve from such obligation, and construction of tariff rules by agent as to refunds in other cases is immaterial.-Fre mont Milling Co. v. Chicago & N. W. Ry. Co., 163 N. W. 331.

II. CARRIAGE OF GOODS. (C) Custody and Control of Goods.

76 (Mich.) In action by shipper against carrier for damages to goods, held, plaintiff was owner of goods, and could maintain action without having secured by assignment consignee's rights. Ithaca Roller Mills v. Ann Arbor R. Co.. 163 N. W. 934.

Where goods had been injured in transit, that consignee inspected goods at destination Fraudulent livery placing title in consignee, so as to redid not constitute acceptance making good dequire it to sue for their damage.-Id.

CANCELLATION OF INSTRUMENTS.
See Contracts. 268: Fraudulent Convey
ances, 226-313; Public Lands, 122;
Records, 11; Reformation of Instruments.

II. PROCEEDINGS AND RELIEF.
34(1) (Wis.) That client lived for four years
after assignment of mortgage to attorney with-
out taking steps to set it aside held not a bar
to action by his executor.-Armstrong v. Mor-
row, 163 N. W. 179.

57 (Mich.) In suit to cancel deed made by plaintiff to his niece and her husband, where

76 (Minn.) Where defendants and railroad innocently converted wheat, and railroad paid owners and took assignment of cause of shipper's action, defendants, in suit for conversion, could set up defense that railroad could not assert shipper's claim, where it had committed first act in conversion.-Greer v. Equity Co-operative Exchange. 163 N. W. 527.

In suit for conversion of car of wheat, brought had no interest in assignment of cause of action, by assignee of shipper, evidence that plaintiff but that railroad had paid shipper, and taken assignment for its own benefit, and brought action thereon was admissible.-Id.

(D) Transportation and Delivery by

Carrier.

79 (Minn.) Without shipping directions, carrier is not bound to route shipment on intrastate line to secure lower rate, when easier grade and shorter distance call for interstate route, though as to car routed over intrastate line it must re

fund under maximum freight rate statute, Gen. I destination.-McElwain v. Union Pac. R. Co.,
St. 1913, §§ 4298-4304.-Comstock Farmers' Ele- 163 N. W. 845.
vator Co. v. Great Northern Ry. Co., 163 N. W.
280.

(F) Loss of or Injury to Goods.

132 (Minn.) In view of Gen. St. 1913, §§
4325, 4491, a shipper's offer of a bill of lading,
calling for delivery of grain at destination, and
his showing of the delivery of a less amount,
raises a presumption that the loss was due to
carrier's negligence.-National Elevator Co. v.
Great Northern Ry. Co., 163 N. W. 164.

228(1) (Neb.) Where there is proof of un-
reasonable delay in transporting shipment, car-
rier must prove that delay was not caused by
its negligence, though owner of live stock_ac-
companied shipment.-McElwain v. Union Pac.
R. Co., 163 N. W. 845.

IV. CARRIAGE OF PASSENGERS.
(D) Personal Injuries.

305(5) (Iowa) In action for passenger's in-
jury, plaintiff's moral conduct in past was no
defense to her claim.-Stutsman v. Des Moines
City Ry. Co., 163 N. W. 580.

137 (Minn.) In shipper's action for value of
grain lost in transit, it is error to refuse to
charge that carrier must prove that either the
weight as shown by bill of lading or by state cer-317(1) (Iowa) Defendant carrier could not
tificate of weight was incorrect.-National Ele-
vator Co. v. Great Northern Ry. Co., 163 N. W.
164.

(H) Limitation of Liability.

show injured passenger's statement to another
that her husband was too intoxicated to render
assistance at time of accident testified to by
wife, where defendant offered no evidence show-
V. Des
ing. husband's condition.-Stutsman
Moines City Ry. Co., 163 N. W. 580.
CAUSE OF ACTION.

159(2) (Iowa) Bill of lading condition that
written claim for loss, etc., must be made in
writing to carrier at point of origin or point of
delivery within four months after delivery of
property, is reasonable.-Erisman v. Chicago, B. See Action.
& Q. R. Co., 163 N. W. 627.

CEMETERIES.

by a religious corporation is not governed by
the statutes applicable to public cemetery as-
sociations.-In re Front Street, Sewer Assess-
ment, 163 N. W. 978.

159(2) (Mich.) Shipper of potatoes on a
joint adventure agreement, who failed to file a 3 (Minn.) A cemetery owned and operated
claim against the railroad within four months of
the date when his joint adventurer took posses-
sion, the bill of lading having required written
notice of loss within four months, could not re-
cover.-Otto v. Manistee & N. E. R. Co., 163 N.
W. 49.

CERTIFICATE.

Surgeons, 5.

159(3) (Mich.) In suit for goods damaged in See Acknowledgment, 55; Physicians and
shipment, held railroad waived right to insist
that claim had not been filed within time pro-
vided by bill of lading.-Ithaca Roller Mills v.
Ann Arbor R. Co., 163 N. W. 934.

CERTIFICATES OF DEPOSIT.

163 (Iowa) In action against carrier for See Banks and Banking, 84.
damages to goods, bill of lading requiring writ-
ten statement of loss, plaintiff must show not
only that he delivered such statement, but terms

CERTIFICATION.

of statement itself.-Erisman v. Chicago, B. & See Elections, 156.
Q. R. Co., 163 N. W. 627.

(I) Connecting Carriers.

177(1) (Iowa) Liability of connecting and
terminal carriers, except in instances named in
Carmack Amendment, is that given by common
law. Erisman v. Chicago, B. & Q. R. Co., 163
N. W. 627.

177(4) (Iowa) Only effect of Carmack
Amendment as applied to connecting or terminal
carriers, is to give them benefit of all lawful con-
ditions or provisions in contract made by ship-
per with initial carrier.-Erisman v. Chicago,
B. & Q. R. Co., 163 N. W. 627.

180(5) (Iowa) Bill of lading condition that
written claim for loss, etc., must be made with-
in four months after delivery of property, is
binding on shipper in action against terminal
carrier, although made by initial carrier.-Eris-
man v. Chicago, B. & Q. R. Co., 163 N. W. 627.

1812 (Iowa) Carmack Amendment does not
take away remedy of owner of property against
terminal carrier for loss or damage to his prop
erty while in its possession.-Erisman v. Chi-
cago, B. & Q. R. Co., 163 N. W. 627.

CERTIORARI.

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185(1) (Iowa) Rule that plaintiff, to make
prima facie case in action against terminal car-
rier for damages to goods, need only show good
condition of goods when delivered to initial car-
rier, and damaged condition when received from See Equity.
terminal carrier, is not changed by Carmack
Amendment.-Erisman v. Chicago, B. & Q. R.
Co., 163 N. W. 627.

III. CARRIAGE OF LIVE STOCK.

218(10) (Neb.) Under bill of lading requir-
ing notice of "damages for loss of or injury to"
live stock, notice was not required where claim
was solely for damages for loss of favorable
market, shrinkage, and expense of feeding at

CHANCERY.
CHARACTER.

See Carriers, 305; Criminal Law, 776,
815; Libel and Slander, ~101.

CHARGE.

By carriers, see Carriers, 28.
By telephone companies, see Telegraphs and
Telephones, 33.

To jury, see Criminal Law, 759-833, 1172.

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ment executed by one who is termed the mort- See Process.
gagor to one who is termed the mortgagee, where-
by the mortgagor gives to the mortgagee a lien

CIRCUS.

5; Municipal Corporations,
Theaters and Shows, 1.

CITATION.

CITIES.

upon personal property as security for a debt See Municipal Corporations.
or the performance of some obligation.-Davis v.
Caldwell, 163 N. W. 275.

CITIZENS.

34 (Mich.) A so-called bill of sale, reciting See Aliens; Constitutional Law, 208; In-

maker's release from so much of his debt as
goods might sell for, held a chattel mortgage,
and not a sale subject to Bulk Sales Law, where
possession was not taken when instrument was
executed, and it was later foreclosed as a chat-
tel mortgage.-American Steel & Wire Co. v.
Dedrick, 163 N. W. 18.

dians.

10 (Iowa) Evidence held insufficient to show
that a grand juror was not a citizen of the Unit-
ed States.-State v. Chamberlin, 163 N. W. 428.
The evidence relied upon to overcome the pre-
sumption of citizenship arising from the party
having voted, held office, or otherwise performed
the functions or exercised the rights of citizen-
69 (Minn.) The evidence held insufficient to ship must be clear and satisfactory.-Id.
When an indictment is attacked because of
warrant the submission to the jury of the ques-noncitizenship of a grand juror, the grand ju-
tion of delivery of the chattel mortgage under
which plaintiff claims title.-Ward v. Allen, 163 ror may testify to the place of his birth and the
facts surrounding his father's naturalization.
-Id.

(C) Execution and Delivery.

N. W. 749.

III. CONSTRUCTION AND OPERA-

TION.

(D) Lien and Priority.

CIVIL DAMAGE LAWS.

See Intoxicating Liquors, 286-312.

CIVIL SERVICE.

138(3) (Iowa) Chattel mortgages executed
before mortgagors leased premises and recorded
before their landlord levied a valid attachment See Municipal Corporations, 218.

for rent against the property are superior to

his lien.-Guthrie v. Winters, 163 N. W. 208.

CLAIM AND DELIVERY.

150(1) (N.D.) Provision that chattel mort-See Replevin.

gage be signed by mortgagor in presence of two

witnesses in order to be filed was complied with,

CLAIMS.

though name of one witness, by mistake, appear- See Carriers, 159, 218; Compromise and

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170(1) (N.D.) Defendant bank which under
bill of sale and pretended assignment of a chat-
tel mortgage took and sold horses covered by
plaintiff's mortgage, where bill of sale was with-
out consideration and assignment a nullity, was See Adverse Possession.
liable for conversion.-Hart v. First State Bank
of Mott, 163 N. W. 530.

COMBINATIONS.

VIII. PAYMENT OR PERFORMANCE See Conspiracy.
OF CONDITION, RELEASE, AND

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191.

II. SUBJECTS OF REGULATION.

40(1) (Wis.) Where president of foreign
corporation came to Wisconsin to purchase mo-
torcars to be shipped out of state and sold in
foreign territory under penalty, transaction con-
stituted interstate commerce.-Jerome P. Park-
er-Harris Co. v. Kissel Motorcar Co., 163 N.
W. 141.

46 (Wis.) Provisions of St. 1915, § 1770b,
requiring foreign corporations to file articles as
condition to receiving license to transact busi-
ness in state, and prescribing a penalty for non-
compliance, does not apply to transactions in
interstate commerce.-Jerome P. Parker-Harris

See Bastards; Guardian and Ward; Infants; Co. v. Kissel Motorcar Co., 163 N. W. 141.
Parent and Child.

CHOSE IN ACTION.

See Assignments.

III. MEANS AND METHODS OF REG-

ULATION.

58 (Minn.) Where only those trains which
stopped at way stations were required to stop at

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