MASTER AND SERVANT.-Continued.

PAGE.

when interurban conductor must be held to have assumed
the risk from a crooked trolly-support pole........... 126
what is contributory negligence by interurban conductor.. 126
servant may assume risks due to master's negligence.... 127
what facts tend to show negligence by defendant and due
care by deceased, who was killed by sudden dropping of
load being lowered by a derrick...

MASTERS IN CHANCERY.

630

a master in chancery has no power to report conclusions
from evidence heard by another master.....
master in chancery, by virtue of his office, may certify to
testimony after his term of office has expired.....
court may hear case upon evidence taken before master if
latter's term expires before he reports......

142

142

142

MENTAL CAPACITY.

when ballot should not be rejected, on contest, for alleged
want of mental capacity of the voter.....
what evidence is sufficient to sustain a decree refusing to
set aside deed for alleged incapacity of grantor....
the chancellor's finding that grantor had sufficient capacity
will be upheld on appeal, unless clearly erroneous......

MINES.

55

201

336

when plaintiff's case must go to jury in action for dam-
ages for injuries received by a coal miner from a so-
called "dust explosion"

284

mine owner not relieved from liability because he employs
a mine examiner and that such examiner reports the
conditions in the mine as satisfactory......
miner's contributory negligence is no defense where will-
ful violation of statute by defendant is established..... 284
action to recover damages for willful violation of Mines
act is not a suit to recover a penalty.......

284

284
a mule driver in a mine may rely upon performance of
duties by those charged with duty of inspection........ 473
when evidence of condition of roof of entry prior to the
accident is admissible as tending to show notice, though
condition had changed at time of accident.....
fact that evidence introduced under count charging viola-
tion of Mines act is withdrawn and count dismissed can
not be regarded as prejudicial to defendant........... 473

473

MINES.-Continued.

when objection to question asked of witness as a mining
expert is properly sustained...

PAGE.

... 473

it is improper for counsel, in argument, to get before the
jury matters not competent to be proved....

474

MORTGAGES.

when decree in a foreclosure case is no defense to a judg-
ment by confession on the mortgage note.

175

when holders of trust deeds have equitable liens, though
neither is, in fact, a valid first lien......

a party is not charged with constructive notice of convey-
ances outside the chain of title, even though such con-
veyances are recorded ....

180

180

232

what is negligence by purchaser of trust deed-negligence
postpones priority as between equitable lienholders..... 180
what does not pass under foreclosure of trust deed cover-
ing railroad property-when Statute of Limitations is
a bar to assertion of title by railroad company....................
when deed from mortgagee to widow amounts only to a
release of the mortgage and cannot be relied upon as
color of title by grantees of widow...
trustee named in deed of trust has power to release lien
though in violation of his trust, but in equity release has
no effect as to parties or purchasers with notice....... 481
when purchaser of property who pays note to the trustee
named in deed of trust will be protected by the trustee's
release of the trust deed.....

.....

331

what facts do not charge purchaser of property with no-
tice that the note in the trustee's hands is not the orig-
inal note secured by the trust deed....

481

481

MOTIONS. See PRACTICE.

MUNICIPAL CORPORATIONS.-See SPECIAL ASSESS-
MENTS.

it is the duty of the city council to establish the boundaries
of election districts for city elections-districts should
be established at least thirty days before election...... 54
tax-payer's delay must be unreasonable to defeat his right
to compel city to refuse to pay illegal debt......
when tax-payers are barred by laches from enjoining pay-
ment of void bonds by city....

89

89

a city in debt up to the constitutional limit cannot do busi-
ness on credit basis to any extent whatever......

90

MUNICIPAL CORPORATIONS.—Continued.

constitutional limitation as to indebtedness is not a limi-
tation upon the power of taxation.....

PAGE.

90

when water-works extension certificates create an indebt-
edness-contract for street lighting at a monthly rental
per lamp creates a debt.....

a contract calling for payment from money to be collected
in the future creates a debt.....
ordinance authorizing mayor to borrow money to buy fire
apparatus is void if city is already in debt up to consti-
tutional limit ...

a suit to recover a penalty for violating an ordinance is a
civil suit and not a criminal proceeding.....
proof that owner of building has done all he can to pre-
vent violation of smoke ordinance is admissible to guide
the jury in assessing the penalty.....
when plea by telephone company in quo warranto proceed-
ing by city presents a good defense...
what constitutes a good replication to plea in quo warranto
proceeding charging telephone company with usurpation
of privileges in streets

90

90

90

112

112

261

261

261

when quo warranto is a proper remedy for determining
whether telephone company has violated its license ordi-
nance and whether such violation is of a vital matter.. 261
what conditions are vital to telephone company's license
to occupy streets and alleys of city.....
ordinance granting street privileges to corporation for in-
definite time is grant for life of corporation and not un-
constitutional grant of special privileges and immunities. 261
failure of an ordinance to limit life of corporation's license
does not create a license at will-when ordinance grant-
ing license to corporation cannot be repealed......................... 262
city cannot impose new conditions not within the license
ordinance and then forfeit the license for corporation's
failure to comply with such conditions....
effect of breach of alleged implied conditions.
unless reserved in the license ordinance, a city's power to
control telephone service can be exercised only by gen-
eral ordinance applicable to all telephone companies... 262
obligations imposed on corporation by the ordinance grant-
ing its license are not released by the subsequent enact-
ment of a statute....

262

262

262

the act of 1903 does not authorize a telephone company to
occupy the streets without city's consent...

262

city has same degree of control over telephone companies
now as it had prior to passage of act of 1903....... 263

MUNICIPAL CORPORATIONS.—Continued.

extent to which location of sub-way in track elevation plan
may be left to city officials....

PACE.

292

292

292

presumption is in favor of validity of ordinance....
courts will not interfere with city's plan for track eleva-
tion because some other plan may be better......
what does not justify enjoining track elevation proceedings. 293
ordinance making entire block, except one lot, no-license
territory is void for discriminating in favor of such lot,
upon which a saloon is being conducted.....
307
county tax "to pay the ordinary expenses" is too indefinite. 454
when village tax and additional road tax are invalid..... 454
what constitutes a "contingency," within the meaning of
section 14 of Road and Bridge act, authorizing the levy
of additional road and bridge taxes....
whether providing protection for approaches to bridge is
a contingency depends upon the particular facts....... 540
the additional road and bridge tax levy must be limited to
amount needed to meet the contingency...
additional road and bridge tax to meet contingency must
be levied upon all property in the town, even though
town contains city of 35,000 or more inhabitants...... 540
town loses control of that portion of bridge subsequently
included within limits of new village but retains control
of the portion not so included....

MURDER.

.....

......

court has power to fix time of solitary confinement of a
person convicted of murder..........

NAMES.

...

in proving the conviction of witness for a crime, identity
of the witness with the person convicted will be pre-
sumed if the names are the same.

middle initial is not legally part of a name.
notice given to "J. H. Burtis" is the same as if given to
"J. Burtis"

when condemnation proceeding cannot be overthrown for
alleged disparity of names as between owner of land and
person to whom notice was given...........

540

540

540

416

150

224

224

..... 224

what is not a variance between delinquent list and publi-
cation notice as to names of land owners..

242

NEGLIGENCE.

when proof that defendant changed the conditions after
the accident occurred is admissible....

126

what is contributory negligence by interurban conductor. 126

NEGLIGENCE.—Continued.

when interurban conductor must be held to have assumed
risk of injury from crooked pole....

PAGE.

126

servant may assume risks due to master's negligence..... 127
refusal of court to require a private examination of in-
juries of plaintiff who has offered to exhibit his injuries
to the jury is not error.....
what evidence is competent in rebuttal of testimony tend-
ing to show that plaintiff had earned as much wages
since his injury as before....

136

136

what is negligence by purchaser of trust deed-negligence
postpones priority as between equitable lienholders.... 181
when plaintiff's case must go to jury in action for dam-
ages for injuries received by coal miner from so-called
"dust explosion"

284

mine owner not relieved from liability because he employs
a mine examiner and that such examiner reports con-
ditions in the mine as satisfactory..
miner's contributory negligence is no defense where will-
ful violation of statute by defendant is established..... 284
action to recover damages for a willful violation of Mines
act is not a suit to recover a penalty......
when negligence of driver of delivery wagon cannot be
imputed to employee riding in wagon to assist in mak-
ing the deliveries....

284

.. 284

third persons cannot avail of fellow-servant rule.....

378
378

a shipper owes to a truck driver, who is assisting the ship-
per's employees to load a machine on the truck, the duty
of furnishing reasonably safe appliances for the work. 412
one who uses a crane in his business is not required to sub-
ject tackle to laboratory tests for latent defects........ 412
what evidence is not admissible in action for injury caused
by breaking of hook when lifting a machine..
the statutory duty of a railroad company to build fences
suitable to turn stock is an absolute one.
railroad company is not required to build such fences as
will keep small children off the track.....
company's liability for death of small child does not rest
upon non-compliance with the statutory duty to build.
fences suitable to keep stock off the track....

....

446

446

446

a mule driver in a mine may rely upon the performance of
duties by those employees who are charged with duty.

of inspection

473

when evidence of condition of roof of mine prior to acci-
dent is competent as tending to show notice, though con-
dition had changed at time of accident...

473