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See "Railroads."
Carriage of passengers, see "Carriers."
Estoppel of street railroad company by action

of its board of directors, see "Estoppel," § 1.
§ 1. Regulation and operation,

*The question of the contributory negligence
of a traveler on a highway whose buggy was
struck by a car at a street railway crossing
held to be one for the jury under the law of
Massachusetts as established by decision.-Mil-
ford & U. St. Ry. Co. v. Cline (C. C. A.) 325.

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See "Municipal Corporations," $ 2.

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$$ 3867, 3875–3877....

.. 840

Priority of right to, over rights of assignee, see

"Assignments," $ 3.
$$ 4488, 4489...



See “Action.”

Art. 6, § 47 [Code 1906, p. lxiii].


On appeal or writ of error, see "Appeal and Er-
CODE 1899.

ror," $ 3.
Ch. 54, § 30 [Code 1906, $ 2322]


Ch. 57, $$ 1,7 [Code 1906, $$ 2606, 2613] 644
Ch. 77, § 13, [Code 1906, § 3145]... 644 See “Principal and Surety."

*Point annotated. See syllabus.


§ 2. Infringement and unfair competi-

Of leased premises, see "Landlord and Tenant,” A defendant held under the evidence not
88 1, 2.

chargeable with unfair competition in using
of written instrument for cancellation, see trade-name.-Germer Stove Co. v. Art Stove Co.
"Cancellation of Instruments."

(C. C. A.) 141.

*Though the word "keystone" may be a geo-

graphical term, yet its use by one manufacturer
See "Customs Duties."

in his trade-name or on his products to pass
them off as those of another may constitute

unfair competition, and entitle the latter to an

injunction.-Buzby v. Davis (C. C. A.) 275.
See "Customs Duties" ; "Internal Revenue.”

*The use of geographical terms to pass off the

goods of one manufacturer as those of another
§ 1. Legacy, inheritance, and transfer may constitute unfair competition, and be law-

Testator's interest in a firm having vested fully enjoined.—Buzby v. Davis (c. C. A.) 275.
in a son by virtue of partnership articles under *The use of the word "keystone,” as applied
a grant based on a sufficient consideration, and to defendant's oils, held. unfair competition, en-
not under testator's will, held not subject to in- titling the complainant to relief in equity.-
ternal revenue taxation under Act Cong. June Buzby v. Davis (C. C. A.) 275.
13, 1898, c. 448, 30 Stat. 448 (U. S. Comp. St.
1901, p. 2286].-Blair v. Herold (C. C.) 199.

The words “deed, grant, bargain, sale or gift,"
as used in the war revenue act (Act Cong. June Right to enjoin picketing, see “Injunction,” $
13, 1898, c. 448, 30 Stat. 448 [U. S. Comp. 1-3.
St. 1901, p. 2286]), held to refer only to trans-
fers without consideration operative by way of

A trade union in Wisconsin which is merely
gift.-Blair v. Herold (C. C.) 199.

an assemblage of persons not given the right

by statute to sue or be sued in its common

name cannot, as such, be fined for contempt
for violation of an injunction, although it was

made a party to the suit by name, and a gen-
Of leases, see "Landlord and Tenant," 1.

eral appearance was entered for it.-Allis-Chal-

mers Co. v. Iron Molders' Union No. 125 (C.

C.) 155.
See "Wills.”


Between railroads, see "Railroads," $ 1.
Color of title, see "Adverse Possession."
Removal of cloud, see “Quieting Title.”
To patents, see “Patents," $ 3.


See "Taxation," $ 1.
Liability of municipality, see “Municipal Cor-

porations," $ 2.
Maritime torts, see "Collision."
Particular torts, see "Conspiracy," $ 1.

As part of realty, see "Property."


Salvage service by tug, see "Salvage," $ 1. See “New Trial"; "Reference”; “Witnesses."

Entry of judgment after trial of issues, see

"Judgment," $ 1.

For offense against postal laws, see "Post Of-
See "Municipal Corporations."

fice," § 1.

Of criminal prosecutions, see “Criminal Law,”

8 2.
Preliminary injunction to restrain interference 8 1. Taking case or question from jury.
with business, see "Injunction," $ 1.

*Where there was positive testimony that sig-

nals were given by a railroad train at a cross-
§ 1. Marks and names subjects of own- ing, and also testimony by other witnesses, who

were where they should have heard such signals,
*The symbol of the keystone of an arch is if given, that they did not hear them, the ques-
susceptible of exclusive appropriation as

as a tion was one for the jury:-Detroit Southern R.
trade-mark.-Buzby v. Davis (C. C. A.) 275. Co. v. Lambert (C. d. A.) 555.

*Point annotated. See syllabus.


*On a motion for direction of a verdict, the *The assignment of a firm's interest in a public
court must take that view of the evidence most contract to one of their number held ineffective
favorable to the party against whom the in- as against the United States, and operative only
struction is asked. - Detroit Southern R. Co. v. as an assumption by the assignee of the debts
Lambert (C. C. A.) 555.

of the firm in consideration of the receipt of the

benefits to be derived from the execution of the
§ 2. Instructions to jury.
*The trial judge is entitled to present the National Surety Co. (C. C. A.) 465.

agreement as assigned.-Hardaway & Prowell v.
case to the jury in his own way and in his own
language, provided he covers the entire case and
declares the law correctly.-Mathieson Alkali UNITED STATES COMMISSIONERS.
Works v. Mathieson (C. C. A.) 241.

Taking of bail bonds by, see "Bail," $ 1.

Charitable trusts, see "Charities."
Trust deeds, see "Chattel Mortgages"; "Mort-Of judgment, see "Judgment," $ 2.

$1. Establishment and enforcement of

*The burden of showing that his property Limits of jurisdiction, see "Courts," $ 1.
has been wrongfully mingled in the mass of
the property of the wrongdoer is upon the
owner, but, when this is done, the burden is VENDOR AND PURCHASER.
shifted to the wrongdoer to show that the own-
er's money or property has passed out of his See “Sales.”
hands, and in that respect his trustee in bank- Specific performance of contract, see "Specific
ruptcy stands in the same position.-Smith v. Performance."
Mottley (C. C. A.) 266.

§ 1. Requisites and validity of contract.
The proprietor of a bucket shop held liable to

A contract for the settlement of an adverse
the real owner for trust funds which it obtain claim to a mining location held not to create
ed from the trustee in gambling transactions:- a trust, but operated merely as an option con-
Joslin v. Downing, Hopkins & Co. (C. C. A.) tract creating the relation of prospective ven-

dor and purchaser.-Stevens v. McÕhrystal (C.

C. A.) 85.

A contract for a sale of real estate made be-
See “Trade-Marks and Trade-Names," $ 2.

tween the owner and a firm of brokers with
whom it was listed for sale, who purchased,

as they stated, for a third person, whose name

they could not disclose, held valid and enforce-

able by such purchaser under the facts shown.-
See "Trade Unions."

Woodward v. Davidson (C. C.) 840.

*A letter written by plaintiff to defendant

in response to defendant's offer to sell certain

land held not an unconditional acceptance of de-
See "Customs Duties"; "Post Office."

fendant's offer, and therefore insufficient to con-

stitute a contract of sale.-Sharp v. West (D.
Courts, see "Courts," $ 1; "Removal of Caus-C.) 458.

Indians, see "Indians.”

§ 2. Construction and operation of con-
Review in action by, as dependent on character

of action, see "Appeal and Error,” $ 1.

*Where a claimant of a mining location con-

tracted to convey a portion thereof for $101.25
§ 1. Property, contracts, and liabilities. as soon as patent issued, the vendee's right ac-

Plaintiffs, under a contract to complete a pub-crued immediately on the issuance of the pat-
lic improvement, though regarded as subcon- ent, and continued for a reasonable time there-
tractors, held bound to look only to the funds after.-Stevens v. McChrystal (C. O. A.) 85.
recoverable from the United States under the
contract for reimbursement for expenditures, $ 3. Performance of contract.
and not to the contractor's bond.-Hardaway &

Where a vendor repudiated his alleged con-
Prowell v. National Surety Co. (C. C. A.) 465. tract of sale before any tender could be made,
Plaintiffs under a contract to complete a pub- bill to enforce specific performance to bring

it was sufficient that the vendee offered in his
lic improvement held mere lenders of credit to the money into court.-Sharp v. West (D. C.)
the contractor, and not furnishers of labor and

material, entitled to recover on the contractor's
bond given under Act Cong. Aug. 13, 1894, c.

280, § 1, 28 Stat. 278 [U. S. Comp. St. 1901, p.
2523).-Hardaway & Prowell v. National Sure- of proceedings to limit shipowner's liability,
ty Co. (C. C. A.) 465.

see "Shipping," § 4.
*Point annotated. See syllabus.

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