Zabriskie v. Railroad Co., 3 C. E. Green, 180.
Treaties, § 16.

Zeller v. Eckert, 4 How., 297. Water. § 67.
Water, Zimmerman v. Anders, 6 W. & S., 218. U. &
T., § 163.

882

INDEX.*

The full-face figures refer to cases in full, the others to digest matter.

Abbreviations: Tel., Telegraph Companies. Tim., Timber. Trea., Treaties. U. S. C., United States Com-
missioners. Usage, Usage and Custom. Uses, Uses and Trusts. Ware., Warehouses. Water, Water and Water-
courses. W. & M., Weights and Measures.

no right of action against adjoining land proprietor for causing wall to crack, when.
Torts, § 933.

for torts and malfeasance, can only be sustained by party directly defrauded.
§ 918.

form of, for wrongfully cutting timber on public lands.
when maintainable without showing actual damage.
for damages. Water, § 142.

ACTIONS FOR CAUSING DEATH.

Tim., §§ 3, 6, 9, 11.
Water, §§ 83, 89, 91.

at common law. Torts, 93, 105, 106, 111, 112, 128, 131,

in admiralty. Torts, $$ 94-96, 107, 113, 114, 151–158.

suit by administrator. Torts, § 97, 115, 158.

in Louisiana. Torts, §§ 98, 130.

by the civil law. Torts, § 113.

action not maintainable by insurance company. Torts, $$ 99, 129, 161, 162.
suit by father for death of minor son,

Torts, SS 100, 131-139.

New York administrator suing in New Jersey. Torts, §§ 101, 140.

death instantaneous. Torts, $ 102, 131, 143.

in Nevada; pleading. _Torts, §3 103, 141, 142, 143.

executor of suicide. Torts, SS 104, 144.

statutory right for death enforceable in admiralty. Torts. § 114.

contributory negligence is matter of defense. Torts, § 116.

onus of proving. Torts, § 125.

intoxication as evidence of. Torts, § 126.

damages. Torts, §§ 127, 165, 166, 871-876.

Tennessee statute. Torts, § 163.

Texas statute of 1860. Torts, § 167.

constitutional. Torts, § 146.

death on high seas - statute inapplicable. Torts, § 147.
suit in foreign state. Torts, $ 101, 140, 148-150.

when administrator must bring. Torts, § 159.

for minor shipped as whaler. Torts, § 160.

recovery for expenses not bar to action. Torts, § 164.

ADMINISTRATION. See Actions for Causing Death; Uses and Trusts.
grant of letters cannot be collaterally attacked. Torts, § 120.
jurisdiction as to. Torts, §§ 117-119, 121.

of Oregon county court. Torts, §§ 122, 123.

ADMINISTRATOR. See Actions for Causing Death; Uses and Trusts.
ADMIRALTY.

actions for causing death in. Torts, $$ 94-96, 107, 113, 114, 151–158.
pleadings in. Torts, $ 108, 109.

jurisdiction of marine torts. Torts, § 110.

ADVERSE POSSESSION.

of twenty years, loses water right. Water, $$ 79, 158.
ADVICE. See False Imprisonment; Malicious Prosecution.
AFFIDAVIT. See False Imprisonment.

AGENT. See Principal and Agent.

* Prepared by Eugene McQuillin, Esq., of the St. Louis, Mo., Bar.

Torts,

ALLUVION. See Water and Water-courses.

AMENDMENTS.

of intervening petition. Torts, § 385.

APPEARANCE.

cures want of service of process. Torts, § 204.
APPELLATE PRACTICE. See Practice.
ARREST. See False Imprisonment.
ASSAULT AND BATTERY.

in general. Torts, $ 1002-1007.

action against sergeant-at-arms. Torts, § 1008.
of seamen by master. Torts, § 1009-1018.

ASSIGNMENT. See Uses and Trusts.

in trust for benefit of creditors. Uses, § 16.

ASSUMPSIT. See Uses and Trusts.

ATTORNEYS. See False Imprisonment; Malicious Prosecution.
ATTORNEYS' FEES.

as damages. Torts, § 888.

AUSTRIA-HUNGARY.

treaty with. Trea., SS 182, 183.

AUTHORITIES REVIEWED.

as to negligence of fellow-servants, etc. Torts, § 391.

as to negligence of carrier. Torts, § 395.

as to when words are slanderous. Torts, § 561.

as to actions for causing death at common law. Torts, § 112.
AWNINGS. See Streets and Highways.

of judgment and execution against joint tort-feasors. Torts, §§ 947-950.
BARGAIN AND SALE.

release construed as. Uses, § 292.

BATTERY. See Assault and Battery.
BELGIUM.

treaty with. Trea., §§ 184, 185.

BILL OF EXCEPTIONS.

practice of, including whole evidence in, condemned. Water, § 66.

BOMBARDMENT.

by naval officers. Torts, $§§ 907, 917.

BONA FIDE PURCHASER. See Purchaser; Uses and Trusts.

BOOKS.

official, when competent evidence. Tim., § 7.

BOUNDARIES. See Water and Water-courses.

BRIDGES. See Nuisance; Streets and Highways; Water and Water-courses.
legislation with reference to. Water, $219–223.

cannot be subject to writ of injunction. Water, § 223.

act of congress authorizing construction. Water, §§ 250, 251.
owner of unlawful, not liable, when. Water, § 253.

two unlawful, liable. Water, § 253.

act of 1869, paramount law, etc. Water, SS 260, 261.
government not liable, when. Water, § 262.
when held a nuisance. Water, §§ 306, 315.

BURDEN OF PROOF. See Evidence; Uses and Trusts.

C.

CABLE. See Telegraph Companies.

CALIFORNIA.

CALL.

laws of restricting Chinese labor in, void. Trea., §§ 26-34.
soil under tide-water in. Water, §§ 143–145.

in boundaries. Water, §§ 61, 62.

CARRIERS. See Negligence.

who are. Torts, § 236, 237.

Torts, SS 239, 240.

injury to goods in transit. Torts, § 238.
property injured by explosion of nitro-glycerine.
right to eject passengers. Torts, §§ 241-244.
excluding certain passengers from certain trains. Torts, SS 245, 246.
mutual obligations of carriers and passengers. Torts, §§ 247, 248.
by water, duty as to providing means of debarking. Torts, § 124.
duties and obligations of, of passengers. Torts, §§ 395-398.
liabilities in carrying goods and passengers. Torts, §§ 168, 189.

prima facie case. Torts, $$ 190, 193, 257, 258.

what necessary to overcome a prima facie case. Torts, SS 169, 190, 191.

liability of carriers of passengers. Torts, §§ 170, 192, 193, 198, 199, 228, 235.

must protect passengers from violence. Torts, § 171, 194, 195.

master of vessel personally liable, when. Torts, $$ 172, 196.

soldier whose term of service has expired. Torts, §§ 173, 197.

injury on sleeping-car. Torts, §§ 174, 198-201.

on bridge at St. Louis. Torts, §§ 175, 202, 203.

road leased or in hands of receiver. Torts, § 176, 205.

rights of colored persons. Torts, $$ 177, 181, 207, 214.

discrimination on account of character or reputation of passenger. Torts, §§ 178, 208,
209.

resisting attempts to expel from car. Torts, §§ 179, 212.

regulations of. Torts, § 180, 210.

riding on free pass. Torts, §§ 182, 183, 216–220, 249, 252.
riding on cattle train. Torts, §§ 184, 222–227.

freight trains. Torts, §§ 185, 253.

steerage passengers. Torts, SS 186, 187, 228-232.

refusal to carry an exile back to his home; excessive damages.
degree of peril of passenger may be shown. Torts, § 225.
age and sex of children of plaintiff not aggravation of damages.
responsible for negligence of its employees. Torts, § 203.
company whose name is on ticket is responsible. Torts, § 206.
rule of damages. Torts, §§ 211, 215, 232, 234.

stipulations as to exemption from damages. Torts, SS 216-218.
onus of showing contributory negligence. Torts, § 225.

Torts, §§ 188, 233, 284.

Torts, § 201.

duty of, to keep depot platform free from snow and ice. Torts, § 254.
defective platform and stairs. Torts, § 255.

negligence of lessee in use of depot. Torts, § 256.

through tickets; liability of two carriers. Torts, §§ 259, 260.

negligence of lessee of track. Torts, Sg 261, 262.

injury on construction train. Torts, § 263.

safety of means of going upon vessel. Torts, § 264.

injury by exposure on boat. Torts, § 265.

waiver of right of injured party. Torts, § 266.

stage carrier. Torts, § 267-273.

delivery of ticket. Torts, § 277.

illustrative cases. Torts, 274-276.

warehouseman's liability as. Ware., § 56.

old cases went further than would now be justified by equity. Uses, § 294.
CHARGING JURY. See Instructions.

CHARITABLE USES. See Uses and Trusts.

rights of, in this country under Burlingame treaty. Trea., §§ 8-10, 23 et seq.
California laws restr cting labor of, void. Trea., §§ 26-34.

are persons within meaning of fourteenth amendment. Trea., § 30.

CHIPPEWA RIVER.

right of public to use as highway. Water, § 235.

CHRISTIANITY.

in what sense a part of the common law. Uses, § 166.

CITIES. See Municipal Corporations; Streets and Highways.
CIVIL LAW.

action lies for death by. Torts, § 113.

CLAIMS. See Timber.

COMMERCE. See Telegraph Companies.

interstate, its application to warehouses. Ware., §§ 48-50.

no right of action for causing death at. Torts, SS 93, 105, 106, 111, 112, 128.
federal courts bound by doctrine of. Torts, § 379.

doctrine as to tide has no application in this country.
procedure at, and in equity. Water, § 342.

COMPANY. See Corporation.

COMPROMISE.

of tort. Torts, § 1047.

CONDEMNATION. See Eminent Domain.

CONFLICT OF LAWS. See Treaties.

CONGRESS. See Treaties; Water and Water-courses.

Water, § 333.

powers as to suspension of writ of habeas corpus. Torts, SS 678-681. 684.
powers of, as to regulation of telegraph companies. Tel., § 1, 4, 6-13.

power to legislate on building bridges. Water, SS 220-223.

paramount authority to regulate commerce. Water, SS 222-224, 269.

power over tide and other waters. Water, SS 247, 347, 349, 360, 383.
when grant of power by no protection. Water, § 251.

act 1869, subject to limitations, paramount law, where. Water, §§ 260–262.
CONSIDERATION. See Uses and Trusis.

CONSOLIDATION OF CAUSES.

rule as to. Torts, § 202.

CONSTITUTION.

ordinance of 1787 yielded to.

Water, SS 237, 239.

subsequent legislation. Water, § 245.

CONSTITUTIONAL LAW. See Treaties.

laws of California restricting Chinese labor, void. Trea., SS 26-34.

as to suspension of writ of habeas corpus. Torts, §§ 677–684.

president's order for arrest, in states where courts are open, is not "due process of law."
Torts, § 600.

CONSTRUCTION. See Uses and Trusts.

of treaties. Trea., § 62–70.

retrospective operation. Trea., § 71.

Indian treaties. Trea., $$ 72-74.

courts cannot alter or supply omissions. Trea., §§ 75–78.

of statute of state by state court, followed by federal courts. Torts, § 788.

of release of bargain and sale. Uses, § 292.

of statutes, act July, 1866. Water, §§ 86, 161, 167.