MASTER AND SERVANT.

PAGE.

....

40

41

the negligence of a fellow-servant is a defense where the
suit is against the common master but not where it is
against third parties.....
under the act relating to the duties of mine managers any
conscious omission by mine manager of a duty prescribed
by the statute is willful.........................
what evidence sufficient to go to jury on question of mas-
ter's knowledge of danger to which servant was exposed. 113
what facts do not preclude recovery by injured servant... 328
contributory negligence of miner is no defense to action
against mine owner for willful violation of statute...... 333
the miner is the judge of length and dimensions of timbers
and cap-pieces he deems necessary, and the mine owner
does not comply with the statute by sending others...... 333
when servant does not assume risk of dangerous work..... 509
facts under which the question of the degree of danger at-
tending performance of work is properly left to the jury. 509
whether the operation of machinery with a twisted belt

is dangerous is not a matter of such common knowledge
that it is error to hear expert testimony on the subject. 509
stone-setter's knowledge of custom for other parties than
the master to erect the scaffolding does not excuse mas-
ter from seeing that scaffold is reasonably safe.......... 626

MINES.

41

in action by miner for master's willful violation of statute,
an instruction may be given stating the general duties of
mine managers in the language of the statute .........
under the act relating to duties of mine managers any con-
scious omission of the duties prescribed therein is willful. 41
what sufficient proof that miner demanded props.......... 41
contributory negligence of miner is no defense to action
against mine owner for willful violation of statute...... 333
the miner is the judge of the length and dimensions of tim-
bers and cap-pieces he deems necessary, and the mine
owner does not comply with statute by sending others... 333

MISTAKE.

equity will not ordinarily reform a mistake of law in deed
or other written instrument...

MORTGAGES.

when a contract to re-pay money advanced and take up a
certificate of sale is not a mortgage.....

when mortgagee is entitled to have subsequent advances
re-paid before redemption will be allowed.......

MORTGAGES.—Continued.

PAGE.

rule as to when strict foreclosure is allowable..
when court should not decree strict foreclosure...
when quit-claim deed and bond for re-conveyance do not
amount to a mortgage....

83

83

393

MORTGAGOR.

when mortgagor cannot resort to equity to redeem........ 166

68

MUNICIPAL CORPORATIONS.-See SPECIAL ASSESSMENTS.
disconnection of territory under the act of 1879 is not con-
summated by filing of statutory petition, but the passage
of the ordinance is also essential.....
legislature had full power to repeal the act of 1879 for dis-
connecting territory and to make the repealing act ap-
plicable to proceedings pending under the act of 1879... 68
laws governing municipal corporations are not in the na-
ture of private grants, in which parties may acquire a
vested right to have them remain unchanged.....
duty of city with respect to sidewalks is to keep them in
reasonably safe condition for their ordinary uses.................... 249
use of sidewalk for moving goods in or out of the adjoining
building is not an ordinary use...

....

68

249

249

when Appellate Court's finding of facts precludes a recov-
ery from city for breaking of a sidewalk while plaintiff
was moving heavy iron safe across it.......
license given by ordinance to a telephone company to use
streets becomes a contract after acceptance and user.. 307
one entering into possession of a street under lease from
city cannot claim his possession is adverse because of the
want of power to make the lease......
what sufficient proof of acceptance by a city of a platted
street.....

... 320

320

commercial paper issued by a municipal corporation with-
out statutory authority is void, even in the hands of an
innocent holder for value before maturity.....

355

act of 1865, relative to issuing refunding bonds by counties
and cities, construed. ...

355

power of a municipal corporation to issue original bonds
does not imply power to issue refunding bonds......... 355
notice to city authorities of defective conditions which
they have themselves produced is unnecessary.......... 369
a city is required to do no more than exercise reasonable
care to keep the streets in a reasonably safe condition
for public travel.......

..... 369
a franchise is involved in quo warranto proceedings where
the controversy is as to the legality of the organization
of a village and its right to exercise municipal powers.. 377

MUNICIPAL CORPORATIONS.-Continued.

PAGE.

... 377

.......

provisions of article 11 of City and Village act, relating to
elections for purpose of village organization, were not
repealed by the Ballot act of 1891.......
farm lands may be included in village organization though
not platted into blocks and lots....
language "contiguous territory, not exceeding two square
miles," construed, as used in section 5 of article 11 of City
and Village act, concerning village organization.......
it is not necessary that all members of improvement board
be present when resolutions are passed....

NEGLIGENCE.

whether plaintiff, in standing upon foot-board of a switch-
engine, was using due care for his safety is a question of
fact, to be determined by the jury from the evidence....
the negligence of a fellow-servant is a defense where the
suit is against the common master but not where it is
against a third party.......

......

......

if the combined negligence of two parties is the proximate
cause of an injury, either or both may be held liable for
the consequences resulting therefrom
under the act relating to duties of mine managers any con-
scious omission by a mine manager of a duty prescribed
by the statute is willful....

377

377

586

9

10

10

41

what evidence sufficient to go to jury on question of mas-
ter's knowledge of danger to which servant was exposed. 113
when instruction stating rule of fellow-servants as an ab-
stract principle of law is properly given......
duty of repair incumbent upon owner of premises who has
made an excavation under the sidewalk with consent of
the city authorities ....

... 113

..... 249

..... 210
when tenant is liable for failure to keep premises in repair. 210
duty of city with respect to sidewalks is to keep them in
reasonably safe condition for their ordinary uses........
when Appellate Court's finding of facts precludes a recov-
ery from city for breaking of sidewalk while the plaintiff
was moving a heavy iron safe across it. .....
249
what facts do not preclude recovery by injured servant.... 328
contributory negligence is no defense to action against a
mine owner for willful violation of the statute......... 333
notice to city authorities of defective conditions which
they have themselves produced is unnecessary........... 369
witness in personal injury case may state plaintiff's natural
expressions of suffering at time of accident... . . . . . . . . . .
if there is direct testimony as to rate plaintiff was driving
when he ran into ditch, evidence as to his habit of fast
driving is inadmissible......

369

369

NEGLIGENCE.-Continued.

PAGE.

369

city need only use reasonable care to keep streets in a rea-
sonably safe condition for public travel.....
when servant does not assume risk of dangerous work..... 509
facts under which the question of the degree of danger at-
tending performance of work is properly left to jury.... 509
whether the operation of machinery with a twisted belt
is dangerous is not a matter of such common knowledge
that it is error to hear expert testimony on the subject.. 509
stone-setter's knowledge of custom for other parties than
the master to erect scaffolding does not excuse master
from seeing that scaffold is reasonably safe.........

NEGOTIABLE INSTRUMENTS.-See BILLS AND NOTES.

NOTICE.

.. 626

notice to city authorities of defective conditions which
they have themselves produced is unnecessary........... 369
stone-setter's knowledge of custom for other parties than
the master to erect scaffolding does not excuse master
from seeing that scaffold is reasonably safe.......

ORDERS.

... 626

nunc pro tunc order cannot be made to supply a failure to
make an order, but only to supply some omission in the
record of an order already made.....

..... 456

485

what a sufficient memorandum to permit the entry of an
order nunc pro tunc....

when order of court allowing an amendment of a demurrer
is of itself an amendment..

485

court may, after term at which a condemnation judgment
was rendered, make an order fixing the time for taking
property.....

579

ORDINANCES.-See SPECIAL ASSESSMENTS.

..... 290

302

an ordinance should specify the size and quality of the flat
stones on which the curb is to be bedded...
substantial compliance with terms of ordinance as to loca-
tion of improvement is all that is required....
ordinance passed by Sanitary District of Chicago provid-
ing for an issue of bonds, proceeds to be used for "corpo-
rate purposes," is sufficiently definite in that respect.... 404
to render a description of improvement sufficient it is not
necessary that all details of the work be stated.......................... 437
when a description in ordinance of the size and manner of
construction of sewer is sufficient.....

.....

437

ORGANIZATION OF VILLAGES.-See MUNICIPAL CORPO-
RATIONS.

PARTIES.

PAGE.

404

a purchaser of bonds is a necessary party to a bill to have
the bonds declared void and the sale fraudulent.....

PARTITION.

what will not support bill to review partition decree...... 123

PARTNERSHIP.

agreement to form partnership or corporation is not void
for want of mutuality because one party contributes his
skill and gifts of invention instead of money .... ..... 138
conversations between husband and wife, in presence of a
third party, with reference to her loaning money to hus-
band's firm are not hearsay.

283

when partner's promise to re-pay loan is binding on firm.. 283
PASSAGEWAYS.-See ROADS AND BRIDGES.

PLATS.

what is sufficient proof of acceptance by a city of platted

street...

320

a sale of lots with reference to a platted street estops/the
vendor and those claiming under him to deny the exist-
ence of the street as shown on the plat.......
government field notes and plats are presumed correct.... 521

320

PLEADING.

the word "unavoidable" construed, as used in declaration
charging that defendant's cars were "unavoidably run or
driven upon the said track”.

....

10

10

what will estop a party to complain that the proof is not
within the allegations of the declaration.....
what a sufficient indictment for crime against nature..... 119
it is only when it appears that the accused cannot properly
prepare his defense without a bill of particulars that the
court will require one to be furnished.........................

.......

119

in quo warranto the respondent must set out his title with
particularity, and general averments are not sufficient.. 160
essentials of plea setting up defense that respondent was
elected to office of president of corporation at a direct-
or's meeting held outside the State.....

in quo warranto to test legality of respondent's title to the
office of president of a corporation he cannot defend by
setting up a de facto title......

....

160

... 160

when petition in quo warranto sufficiently shows that the
relator has a special interest in the case..........

160

a plea in abatement is demurrable which is signed by the
defendant in person and not by counsel, and which is not
properly entitled....

176