See "Brokers."

STOCKHOLDERS.

dinance of the city thereby binds itself to com-
ply with the requirements of the ordinance.-
Cincinnati, L. & A. Electric St. R. Co. v.
Stahle (Ind. App.) 551.

Rev. St. 1903, § 1536-185, held to confer on
property owner the privilege of withholding his
"Joint consent to grant of street railroad franchise, but
not to grant him the privilege of limiting his con-
sent to a particular corporation or individual.
-Forest City Ry. Co. v. Day (Ohio) 396.

Of corporations, see "Corporations," § 3.
Of unincorporated associations, see "Joint Stock
Companies."

STOLEN GOODS.

See "Receiving Stolen Goods."

STORAGE.

See "Warehousemen."

STREET RAILROADS.

Admissions as evidence in action for injuries
caused by operation of, see "Evidence," § 5.
Carriage of passengers, see "Carriers."
Contributory negligence in general of person
injured by operation of, see "Negligence,"
§§ 2, 4.

Evidence of res gestæ in action for injuries
caused by operation of, see "Evidence," § 3.
§ 1. Establishment, construction, and
maintenance.

§ 2. Regulation and operation.

Burns' Ann. St. 1901, § 5468a, subd. 6a, ex-
tending the powers of interurban street rail-
roads, held not objectionable as extending rights
of such railways over the streets of a city with-
out its consent.-Roberts v. Terre Haute Elec-
tric Co. (Ind. App.) 323.

The right of a street railway company to run
freight cars over its lines cannot be collaterally
attacked in an action for personal injuries
caused by the operation of such cars.-Roberts
v. Terre Haute Electric Co. (Ind. App.) 323.

Plaintiff in an action for injuries to his ward
by street car held not entitled to prove that the
latter was of weak mind, as a part of his main
case, where such fact had not been pleaded, but
could show it in rebuttal.-Roberts v. Terre
Haute Electric Co. (Ind. App.) 323.

Complaint against street railway for injuries
caused by collision with a team held to suffi-
ciently charge negligence.-Cincinnati, L. & A.
Electric St. R. Co. v. Stahle (Ind. App.) 551.

A city ordinance restricting the speed of
hour, and over crossings to four miles an hour,
street cars between crossings to six miles an
is not unreasonable.-Cincinnati, L. & A. Elec-
tric St. R. Co. v. Stahle (Ind. App.) 551.

A city ordinance limiting the speed of electric
A street railroad company which uses and oc- cars will not be interfered with by the courts
cupies the streets of a city by virtue of an or-except for good cause shown.-Cincinnati, L.

Point annotated. See syllabus.

& A. Electric St. R. Co. v. Stahle (Ind. App.)
551.

In an action against a street railway for
injuries caused by a collision, the question of
contributory negligence is primarily one for the
jury, to be determined from the facts of the par-
ticular case.-Cincinnati, L. & A. Electric St.
R. Co. v. Stahle (Ind. App.) 551.

SUNDAY.

Mandamus to compel enforcement of Sunday
laws, see "Mandamus," § 2.

SUPREME COURTS.

See "Courts," § 3.

SURETYSHIP.

In an action against a street railway for in-
juries caused by collision, instructions on a
question of negligence which was not charged
against defendant were properly refused. Cin- See "Principal and Surety."
cinnati, L. & A. Electric St. R. Co. v. Stahle
(Ind. App.) 551.

*In an action for injuries to plaintiff by
being struck by a freight car operated by a
street railway, evidence held to require sub-
mission of defendant's negligence to the jury.
-Roberts v. Terre Haute Electric Co. (Ind.
App.) 895.

SURPRISE.

Ground for continuance, see "Continuance."

SURVIVING PARTNERS.

See "Partnership," § 3.

SURVIVORSHIP.

In an action against a street railway company
for injuries sustained in a collision with a street
car, the question of the negligence of the
motorman held for the jury.-Logan v. Old
Colony St. Ry. Co. (Mass.) 510; White v. Same, of devisees or legatees, see "Wills," § 5.

Id.

*It is not negligence as a matter of law to
drive a team so near a street car track that a
car going in the same direction will collide
with it.-Logan v. Old Colony St. Ry. Co.
(Mass.) 510; White v. Same, Id.

In an action against a street railroad com-
pany for injuries to plaintiff's horse, which it
was alleged was frightened by one of defend-
ant's cars, evidence held to justify submission
to the jury of the question of plaintiff's con-
tributory negligence. Joyce v. Exeter, H. &
A. St. Ry. Co. (Mass.) 1054.

In an action against a street railroad com-
pany for injuries to plaintiff's horse, which it
was alleged was frightened by one of defend-
ant's cars, evidence held to justify submission
to the jury of the question of defendant's negli-
gence. Joyce v. Exeter, H. & A. St. Ry. Co.
(Mass.) 1054.

STREETS.

See "Highways"; "Municipal Corporations,"
§§ 5-9, 11, 12.

SUBROGATION.

1. Constitutional requirements and
restrictions.

If a transient merchant has paid taxes on
his goods in one county, he is excused from
payment of further taxes for that year in au-
as-other county on substantially the same stock.-
Simoyan v. Rohan (Ind. App.) 176.

Where an intermediate grantor who had
sumed a mortgage on the land conveyed the same
to a grantee who also assumed the mortgage,
such grantor on paying a foreclosure decree, was
subrogated to the rights of the holder thereof.-
Oglebay v. Todd (Ind. Sup.) 238.

An administrator who pays for funeral ex-
penses and obtains a judgment on such claims
against the surviving husband of his intestate,
acquires no greater right than the original
creditors to reach exempt property of the hus-
band.-Weaver v. Gray (Ind. App.) 795.

St. 1904, p. 376, c. 403, § 1, imposing an ex-
cise tax on the business of selling, giving, or
delivering trading stamps, etc., in connection
with the sale of articles, held invalid under
Const. art. 4.-O'Keeffe v. City of Somerville
(Mass.) 457.

§ 2. Liability of persons and property.
Under Rev. Laws, c. 14, §§ 44-46, and chap-
ter 111, § 1 (Stat. 1872, p. 279, c. 342), a rail-
way company held liable to a tax upon its earn-
ings.-McDonald v. Union Freight R. Co.
(Mass.) 655.

*Under Laws 1896, p. 797, c. 908; § 4, and
New York City Charter (Laws 1901, p. 214.
c. 466, § 480), constructions placed upon land

• Point annotated. See syllabus.

belonging to the city of New York situated the transfer tax determined.-In re Palmer's
outside of the city limits, in connection with Estate (N. Y.) 16.

dence, doing business in the state, and liable See "Schools and School Districts." § 1.
to taxation under Laws 1896, p. 800, c. 908,
§ 7.-People v. Wells (N. Y.) 24.

*Tenant in possession held not bound to ac-
*Basis for taxation of stock of domestic cor- count to co-tenants for use and occupation in
poration held by nonresident decedent under | absence of agreement or demand by them for

* Point annotated. See syllabus.

For carriage of passengers, see "Carriers," § 5. held to have right to reimburse tree warden

* Point annotated. See syllabus.

the Secretary of State.-Vincendeau v. People
(Ill.) 675.

TRANSFER TAX.

In a prosecution for violation of 3 Starr & See "Taxation," § 6.
C. Ann. St. 1896, c. 140, pars. 6, 7, by knowing-
ly selling goods bearing a counterfeit label, an
instruction held erroneous.-Vincendeau v. Peo-
ple (Ill.) 675.

In a prosecution for violation of 3 Starr &
C. Ann. St. 1896, c. 140, pars. 6, 7, by knowing-
ly selling goods bearing a counterfeit label, cer-
tain evidence held admissible on the question
of guilty knowledge.-Vincendeau v. People
(Ill.) 675.

In a prosecution for selling goods bearing a
counterfeit label, in violation of 3 Starr & C.
Ann. St. 1896, c. 140, par. 8, indictment held
to sufficiently allege that the affidavit required
by statute was filed with the Secretary of State.
-Vincendeau v. People (Ill.) 675.

In a prosecution for violation of 3 Starr & C.
Ann. St. 1896, c. 140, pars. 6, 7, by knowingly
selling goods bearing a counterfeit label, an al-
legation in the indictment that the goods were
sold to a certain person held not to vary from
the proof.-Vincendeau v. People (Ill.) 675.

§ 2. Infringement and unfair competi-

tion.

*Company held entitled to enjoin the use
by other parties of a trade-name.-People v. Rose
(Ill.) 42.

*An injunction restraining one from using a
name as a trade-name held proper.-Cohen v.
Nagle (Mass.) 276.

In a suit to restrain the use of a name as a
trade-name, certain evidence held not to deprive
plaintiff of his right to the name.-Cohen v.
Nagle (Mass.) 276.

Certain use of a name held not to prevent one
from adopting it as a trade-name.-Cohen v.
Nagle (Mass.) 276.

Evidence in a suit to restrain the use of a
name as a trade-name, showing the use of the
name by others, held not to prevent plaintiff
from acquiring a right to the name.-Cohen v.
Nagle (Mass.) 276.

*In determining whether a manufacturer has
a right to a trade-name, the question is whether
a name, which had no recognized value, has
been so used by him as to give it a value as a
designation of articles of his manufacture.-
Cohen v. Nagle (Mass.) 276.

*Where a manufacturer of an article has ac-
quired a right of property in a name applied to
the article of his manufacture, it is a fraud on
him for another to use the word in selling a
similar article.-Cohen v. Nagle (Mass.) 276.

TRADE UNIONS.

TRANSITORY ACTIONS.

See "Venue," § 1.

TREE WARDENS.

Reimbursement for expenses, see "Towns," § 1.
TRESPASS.

Liability for injuries to trespasser, see "Negli-
gence," § 1.
To the person, see "Assault and Battery," § 1;
"False Imprisonment."

TRESPASS TO TRY TITLE.

See "Ejectment."

TRIAL.

See "New Trial"; "Witnesses."
Contributory negligence of passenger as ques-
tion for jury, see "Carriers," § 8.
Estoppel by verdict without judgment, see “Judg-
ment," § 7.

Harmless error in civil actions, see "Appeal
and Error," §§ 22, 25.
Harmless error in criminal prosecutions, see
"Criminal Law," § 15.

Instructions as part of record on appeal, see
"Appeal and Error," §§ 9, 11.
Instructions as to assessment of damages, see
"Damages," § 3.

Instructions as to testamentary capacity, see
Suits to try tax titles, see "Taxation," § 5.
"Wills," § 2.

Proceedings incident to trials.

See "Continuance."
Entry of judgment after trial of issues, see
"Judgment," § 2.

Place of trial, see "Venue," § 2.
Right to trial by jury, see "Jury," § 1.
Summoning and impaneling jury, see "Jury,"
§ 2.

Trial of actions by or against particular classes
of parties.

See "Carriers," § 7; "Master and Servant," §§
9, 10; "Municipal Corporations." §§ 11, 12;
"Railroads," 8; "Street Railroads," § 2.

Trial of particular civil actions or proceedings.
See "Carriers," §§ 3. 7; "False Imprisonment."
§ 1; "Libel and Slander," § 3; "Negligence."
Condemnation proceedings, see "Eminent Do-
main," § 3.

Validity of contract with in general, see "Con- For death caused by act of servant, see "Master
For breach of contract, see "Contracts," § 5.
tracts," § 1.

TRADING STAMPS.

and Servant," § 10.

For death caused by operation of railroad, see
"Railroads," § S.

For injuries caused by operation of street rail-
road, see "Street Railroads," § 2.

Taxation of business of selling, giving, etc., For loss of or injury to cattle by carrier, see "Car-
see "Taxation," § 1.

TRANSCRIPTS.

Of record for purpose of review, see "Appeal
and Error," § 10; "Criminal Law," § 15.

TRANSFER OF CAUSES.

Between courts of same state, see "Courts," § 4.

riers," § 3.

For personal injuries, see "Carriers," § 7;
"Master and Servant," § 9; "Municipal Cor-
porations," §§ 11. 12; "Negligence," § 5;
"Street Railroads," § 2.

For price of goods sold, see "Sales," § 5.
On insurance policy, see "Insurance," §§ 10, 11.
Probate proceedings, see "Wills," § 4.
Suits in equity, see "Equity," § 3.

To foreclose mechanic's lien, see "Mechanics'
Liens," § 5.

Point annotated. See syllabus.