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any criminal conduct was charged.-Dow v.
*Statements concerning plaintiff and his at- See "Curtesy" ; "Dower.”
*In the absence of oil or gas operations on
grantee, or lessee, the owner of a life estate held
right to operate the same.—Richmond Natural
Validity of ordinance requiring railroad to
light crossing, see “Municipal Corporations,"
LIMITATION OF ACTIONS.
“Insurance,” $ 10.
Particular actions or proceedings.
For causing death, see "Death," $ 1.
sonal representative, see "Executors and Ad-
ministrators," $ 4.
Burns' Ann. St. 1901, $ 294, subd. 2, re-
quiring actions on official bonds of county of-
ficers to be brought within five years, held with-
out application to an action to recover from
county auditor sums wrongfully detained by
Only those who procure the allowance of an
bly estopped from pleading limitations in such
by library trustees, see "Municipal Corpora- (Ohio) 563.
§ 2. Computation of period of limita.
*Plea of limitations to amend declaration held
cause of action, though defectively.-Salmon v.
*A cause of action stated in an amended
declaration not filed until after the period
the original declaration stated a cause of action
*Amended complaints founded on the same
the commencement of the action, in determining
the effect of the statute of limitations.--Terre
*An owner of a stock of goods offered for
*In general an amendment of a complaint re-
Anderson (Ind. App.) 266.
*In an action against a city for personal in-
juries to plaintiff through falling into a street
excavation, defendant held entitled to set up the
statute of limitations as a defense to an amend-
(Ind. App.) 266.
*An injunction against the commencement of $ 5. Actions.
held to entitle the successful defendant to an
action for damages.—Whitesell v. Study (Ind.
for malpractice as insurance contract, see "In-
surance,” $ 2.
ing actions for, see "Corporations," § 6.
Compelling telegraph company to furnish quo-
tations, see “Telegraphs and Telephones," š 2.
Removal of proceedings, to federal court, see
"Removal of Causes," $ 1.
date, see "Appeal and Error," $ 3.
To compel collection of tax for railroad dona-
tion, see "Railroads," $ 2.
tion," $ 3.
To compel recount of votes, see "Elections," $ 1.
8 1. Nature and grounds in general.
Mandamus would not lie to compel the issu-
tain case in which a question of fact was in
doubt (4 Starr & C. Ànn. St. Supp. 1902, c.
32, par. 53).-People v. Rose (Ill.) 42.
Mandamus will not lie to compel Secretary of
State to issue certificate of incorporation under
a name the use of which may be enjoined by
an existing company.- People v. Rose (Ill.) 42.
*Mandamus will not issue except on a show-
ing by relator of a clear legal rigbt to bare
the thing sought by it done and done in the
manner and by the person sought to be coerced.
-State v. Spinney (Ind. Sup.) 971.
The right of a city to construct railroad cross-
ing and bring action against railroad for cost
Burns' Ann. St. 1901, 8 5172a, held not an ad-
equate remedy so as to prevent mandamus.-
Vandalia R. Čo. v. State (Ind. Sup.) 980.
§ 2. Subjects and purposes of relief.
*The performance of an Official act which in
its nature is ministerial rather than judicial
Anderson (111.) 53.
power to antedate a teacher's certificate, and
may be compelled by mandamus to date it cor-
* Mandamus will not lie to compel the mayor
of a city to enforce Sunday closing laws and
ordinances against the saloons of such city.-
Ann. St. 1901, $$ 6818, 6828.--Rodenbarger v.
State (Ind. Sup.) 398.
ing school districts and building schoolhouses
cannot be reviewed by the courts, but the rene
dy is by appeal to the county superintendent-
*Under Burns' Ann. St. 1901, § 1182, mad-
damus lies to compel a county treasurer to pay
over to a town treasurer funds belonging to the
Mandamus will not lie to compel payment
MASTER AND SERVANT.
juries to servant, see “Trial,” $ 7.
injuries to servant, see "Pleading," $ 1.
Harmless error in action for injuries to ser-
vant, see “Appeal and Error," $ 25.
Liability of carrier for acts of employer, see
$ 1. The relation.
Stevedore, employed to unload coal from
$ 2. Services and compensation.
A contract of employment construed, and
net profits forming a basis for the employé's
compensation.—Arthur Jordan Co. v. Caylor
of which an employé shall receive for his serv-
penses thereof have been paid.--Arthur Jordan
essence of the contract.-Sipley v. Stickney
caused by act of other servant while not act-
post, $ 10.
An order directing a servant to perform cer-
tain work heldnot a particular one within
Burns' Ann. St. 1901, 8 7083, authorizing re-
covery by a servant injured by obedience to
a particular instruction.—McElwaine-Richards
Co. v. Wall (Ind. Sup.) 408.
A railroad company cannot be absolved from
its duty to its servants by suffering a negligent
custom to be established in the conduct of its
v. Nicholas (Ind. Sup.) 522.
A servant, injured by the negligence of his
superintendent while performing work under
special direction of such superintendent, held en-
Defendant's superintendent having ordered
to a place of danger, such superintendent was
michael (Ind. App.) 320.
*Certain negligence of a machinist charge
servant to an apprentice.- Wolf v, New Bed-
ford Cordage Co. (Mass.) 222.
*The master was not bound to instruct an $ 5. Risks assumed by servant.
*A coal miner held not to assume risk of in-
*The risks of the employment held assumed
by the employé so far as the same could be dis-
*An employé in assuming the duties of his
employment presumptively assumes the risks
thereof discoverable by the exercise of reasonable
the risk of injury in consequence of defects in
the poles, precluding. a recovery for injuries
One entering a machine shop as an apprentice
* Violation by master of Rev. Laws, c. 104, *A servant directed to work on a platform
v. William H. Perry Co. (Mass.) 512.
into laundry mangle.--Burke v. Davis
- Wolf v. New Bedford Cordage Co. (Mass.) —Burke v. Davis (Mass.) 1039.
Servant employed to unload coal from resse!
*A workman injured by the falling of the tim-
exercise of due care.-McElwaine-Richards
*Coal miner directed to work in certain place
made safe by his employer.- Diamond Block
feated because the employé stood in front of
facts held not to show that a crowbar used by
the servant was a defective appliance.-Wolf | his contributory negligence.- Diamond Block
In an action for injuries to a brakeman, evi- Instruction that coal miner failing to comply
Block Coal Co. v. Cuthbertson (Ind. Sup.) 1060.
as constituting a breach of duty must be operating an emery wheel, was not injured
quired by law.-Muncie Pulp Co. v. Hacker
An employé operating an emery wheel not
of carrying off dust from the wheel, as ex-
In an action for injuries to a servant, ques-
jury.-Finnegan v. Samuel Winslow Skate Mfg.
covered by the master by reasonable inspection
held a question for the jury.-Finnegan v.
negligence held a question of fact for the jury.
-Finnegan v. Samuel Winslow Skate Mfg. Co.
An employé injured while at work held not
Arnold v. Harrington Cutlery Co. (Mass.) 194.
In an action for injuries to a servant while
gence to the jury.-Peterson v. Morgan Spring
Co. (Mass.) 220.
In an action for injuries to a servant, an in-
In an action for injuries to a servant, whether
gence held a question for the jury.-Lack v.
collapse of an unspiked platform, whether de.
fendant exercised due care in so constructing
the platform was for the jury.-White v. Wil-
matter of law.-White v. William H. Perry Co.
of steel rod for tamping dynamite, held error
Buffalo Furnace Co. (N. Y.) 161.
Question of assumption of risk in an action
* Point annotated. See syllabus.