should consider the fact of their recovery from | platform in the dark looking for the toilet room, any injury after they were put upon a pasture. was guilty of contributory negligence precluding -Ft. Worth & D. C. Ry. Co. v. Shank & Dean, recovery for injuries caused in a fall from such 167 S. W. 1093. platform.-Hickman v. Missouri, K. & T. Ry. Co., 167 S. W. 1178. § 230 (Tex.Civ.App.) In an action against two connecting carriers for injuries to cattle, evidence held sufficient to take to the jury the question whether the cattle had been roughly handled while being transported over the line of the first carrier.-Houston & T. C. R. Co. v. Hawkins & Nance, 167 S. W. 190. IV. CARRIAGE OF PASSENGERS. (A) Relation Between Carrier and Passenger. § 247 (Ark.) The duty of a railroad company to exercise for the benefit of passengers the highest degree of care reasonably consistent with the operation of its trains, continues until the passenger has alighted from the train.Prescott & N. W. R. Co. v. Thomas, 167 S. W. 486. (D) Personal Injuries. $280 (Tex.) A carrier's duty to exercise the high degree of diligence which would be exercised by very prudent persons under similar circumstances is not limited to the operation of its cars and trains.-St. Louis Southwestern Ry. Co. of Texas v. Gresham, 167 S. W. 724. $280 (Tex.Civ.App.) "High degree of care" and "ordinary care," which a carrier is required to exercise toward its passengers, defined.Bryning v. Missouri, K. & T. Ry. Co. of Texas, 167 S. W. 826. § 348 (Tex.) In an action for injuries to a female passenger by slipping down the steps of defendant's passenger coach, an instruction held to properly submit the issue of contributory negligence.-St. Louis Southwestern Ry. Co. of Texas v. Gresham, 167 S. W. 724. (G) Passengers' Effects. § 405 (Mo.App.) Under the federal statutes, the provision, in a ticket for interstate transportation, limiting the carrier's baggage liability to "$100 for a whole ticket," being in accordance with the carrier's tariff filed with the Interstate Commerce Commission, governs in case of loss, even through the carrier's negligence; the passenger not having, at time of checking her baggage, declared a greater value and offered to pay for additional service.-Wright v. Southern Pac. Co., 167 S. W. 1137. § 408 (Mo.App.) The cause of action alleged by the petition, loss of baggage in interstate transportation, being governed by federal laws, defendant is not deprived of a defense thereunder, under its general traverse, because of pleading a special defense founded on a state law.-Wright v. Southern Pac. Co., 167 S. W. 1137. CARRYING WEAPONS. See Weapons. In an action for personal injuries to plaintiff's wife while alighting from a train, an instruction that the evidence must show that the injury was the natural and probable conse- See Animals. quence of the negligence and ought to have been foreseen as likely to occur by a person of or CATTLE. CENSUS. dinary prudence, in the light of attending cir- See Evidence, § 12; Intoxicating Liquors, § 30. cumstances, held proper.-Id. $ 303 (Ark.) Where a passenger slipped upon seeds upon the step of defendant's car, defendant is not liable, unless its servants knew of the presence of the seeds and negligently failed to remove them, or the seeds had been on the steps of the car for so long a time that the trainmen, with ordinary care, should have discovered them.-Prescott & N. R. Co. v. Thomas, 167 S. W. 486. $318 (Tex.Civ.App.) Evidence, in an action by the surviving children of a railroad mail clerk for injury from being struck by a falling letter box, resulting in his death, held to show that the defendant railroad was negligent in furnishing a defective car.-Houston & T. C. R. Co. v. Walker, 167 S. W. 199. CERTIFICATE. See Acknowledgment, § 37; Corporations, § 94; Insurance, §§ 285, 694, 705, 726, 748; Joint-Stock Companies, § 7; Notaries, § 3; Officers, 81; Schools and School Districts, $ 53. CERTIORARI. See Supersedeas, § 2. CHAMPERTY AND MAINTENANCE. 87 (Ky.) Where one was in actual occupancy of a part of a tract and had well-marked lines around the remainder, the operation of the Evidence, in an action by the surviving chil-champerty statute reached the entire tract as to a conveyance by one not in possession, whether dren of a railroad mail clerk for injury from inclosed or not.-Le Moyne v. Litton, 167 S. W. being struck by a falling letter box, resulting 912. in his death, held to show that the defendant was negligent in failing to inspect and repair the car. Id. See Equity. CHANCERY. CHANGE OF VENUE. § 320 (Ky.) In an action for injuries to a passenger, occasioned by the failure of the company to keep its station open at a certain point as required by Ky. St. § 784, evidence held suf- See Venue, §§ 77, 78. ficient to require the submission to the jury of the question whether the station was a flag station or one at which the train regularly stop CHARACTER. ped. Chesapeake & O. Ry. Co. v. Lauhorn, 167 See Criminal Law, §§ 369-377; Witnesses, S. W. 132. § 32 (Ark.) The refusal of an instruction on the duty of defendant to free the steps of its cars from seeds on which a passenger slipped held proper, where there was no evidence that the seeds had been on the steps for so short a length of time that they could not have been removed by due care.-Prescott & N. W. R. Co. v. Thomas, 167 S. W. 486. (E) Contributory Negligence of Person Injured. § 327 (Mo.App.) A passenger who, not famil 337-361. CHARGE. To jury, see Criminal Law, §§ 770-829; Trial, §§ 191-296. CHARITIES. II. CONSTRUCTION, ADMINISTRATION, AND ENFORCEMENT. $45 (Tex.Civ.App.) A charitable hospital which administers to the sick of all nations and creeds, accepting pay if the patients are able See Associations; Intoxicating Liquors, §§ 50, See Mines and Minerals, § 58. COLLATERAL ATTACK. § 144 (Tex.Civ.App.) Where a resident of N. County purchased mules in E. county, and executed a mortgage therefor, and the mules were delivered to him there, where the seller resided, and where the purchaser represented that he resided, and were not removed to N. county on the day of the sale, a duly recorded mortgage See Judgment, § 472. in E. county held prior to mortgages subsequently executed in and recorded in N. county. -Brinberry v. White, 167 S. W. 205. COLLECTION. $150 (Tex.Civ.App.) The mere omission to See Assignments, §§ 119, 121; Banks and Bank. ing, §§ 171, 175; Taxation, § 592. deposit and file a chattel mortgage "forthwith," IX. FORECLOSURE. COLLUSIVE TRIALS. COLOR OF TITLE. See Adverse Possession. COMBINATIONS. § 287 (Tex.Civ.App.) Where the petition in an action to foreclose chattel mortgages against the mortgagor and his assignee and for general relief contained no allegation that the mortga- See Conspiracy. ges were duly filed for record, a personal judgment against the assignee as for a conversion held erroneous except as to costs.-Marshall v. G. A. Stowers Furniture Co., 167 S. W. 230. § 290 (Tex.Civ.App.) Provisions, in chattel mortgages that if default was made in any payments and they were given to an attorney for collection, or if suit was brought thereon, an additional 10 per cent. on the principal should be added as collection fees, held to cover fees only upon the principal remaining unpaid at the time the claim for fees accrued, and not fees upon the original principal.-Marshall v. G. A. Stowers Furniture Co., 167 S. W. 230. CHECKS. See Bills and Notes. CHILDREN. See Carriers. COMMERCE. I. POWER TO REGULATE IN GEN- 88 (Mo.App.) The liability of a carrier for an interstate shipment is governed by the laws of Congress and the decisions of the federal court.-Collins v. Denver & R. G. Ry. Co., 167 S. W. 1178. II. SUBJECTS OF REGULATION. § 27 (Tex.Civ.App.) Under Const. art. 10, § 1, a Texas railroad company has no powers outside of the state, and a passenger train received by it at the state line from a connecting company and hauled to other points within the state is an instrument of intrastate commerce which must be started on schedule time from its See Adoption; Deeds, § 105; Infants; Parent point of origin at the state line under Railroad and Child. CHOSE IN ACTION. See Assignments. CITIES. See Municipal Corporations. CITIZENS. See Constitutional Law, § 205; Indians. CIVIL DAMAGE LAWS. See Intoxicating Liquors, §§ 285-317. CIVIL RIGHTS. See Constitutional Law, §§ 82, 205. See Insane Persons, § 70. CLASS LEGISLATION. See Constitutional Law, § 205. Commission Circular 18.-Missouri, K. & T. Ry. $47 (Ark.) A passenger who traveled from ULATION. § 48 (Tex.Cr.App.) Acts 32d Leg. c. 23, making it a felony to procure a female to leave the state for the purpose of prostitution, is not a regulation of interstate commerce.-Hewitt v. State, 167 S. W. 40. § 64 (Mo.) State statute, imposing on parties handling liquors C. O. D. an annual occupation tax of $5,000 for each place maintained for that purpose, held valid as applied to an interstate carrier, and to excuse its failure to make delivery of a C. O. D. shipment.-Rosenberger v. Pacific Express Co., 167 S. W. 429; Same v. Wells Fargo & Co., Id. 433. See Brokers, §§ 58-82; Principal and Agent, 8 See Witnesses, §§ 191, 220. 89. COMMON CARRIERS. See Carriers. COMMON LAW. CONFIRMATION. See Taxation, §§ 791-810. CONFLICT OF LAWS. See Carriers, § 134; Criminal Law, § 169; Divorce, § 124; Evidence, § 80; Waters and See Courts, §§ 480, 488; Evidence, § 101. Water Courses, § 261. COMMON SCHOOLS. See Schools and School Districts. COMMUNITY PROPERTY. See Husband and Wife, §§ 254-274. COMPARATIVE NEGLIGENCE. See Negligence, § 97. COMPENSATION. See Arbitration and Award, § 41; Attorney and Client, §§ 143-190; Brokers, §§ 58-82; Corporations, 308; Eminent Domain, § 69; Guardian and Ward, §§ 151, 163; Judges, & 22; Master and Servant, § 82; Principal and Agent, §§ 84, 89; Receivers, § 194. COMPENSATORY DAMAGES. See Damages, § 44. COMPETENCY. CONSIDERATION. See Contracts, §§ 54, 71. CONSOLIDATION. See Corporations, §§ 583, 590. See Criminal Law, §§ 426, 427, 814. II. CRIMINAL RESPONSIBILITY. (B) Prosecution and Punishment. $47 (Ky.) Conspiracy need not be proved by evidence of an express agreement, but may be inferred from circumstances.-Gabbard v. Commonwealth, 167 S. W. 942. § 48 (Ky.) The existence of a conspiracy is a question of fact to be determined by the jury from all the evidence.-Gabbard v. Commonwealth, 167 S. W. 942. CONSTITUTIONAL LAW. See Jury, 88 90, 103, 137; Witnesses, §§ 140- See Adverse Possession, § 10; Animals, § 50; 220. COMPLAINT. See Indictment and Information; Pleading. COMPOSITIONS WITH CREDITORS. See Compromise and Settlement. COMPROMISE AND SETTLEMENT. See Accord and Satisfaction: Evidence, §§ 213, 219, 427; Payment; Release. $16 (Mo.) Settlement contract between the parties providing for the abrogation of pre-existing contracts held not to annul a secured note executed by plaintiff to defendant company, which the settlement provided should be paid by plaintiff's delivery of a specified quantity of lumber under a contract of settlement.-Sconce v. George Surmeyer Lumber Co., 167 S. W. 997. CONCEALED WEAPONS. See Weapons. CONCLUSION. See Evidence, § 471; Pleading, § 8. CONCURRENT JURISDICTION. See Courts, §§ 480, 488. CONDEMNATION. See Eminent Domain. CONDITIONAL SALES. Commerce, §§ 27, 64; Corporations, § 636; Counties, 150; Courts, §§ 198, 231; Criminal Law, § 749; Homestead, §§ 135, 141; Intoxicating Liquors, § 259; Judges, §§ 22, 44; Jury, §§ 14, 31; Licenses, § 7; Railroads, §§ 58, 259; Statutes, §§ 76, 109, 11012, 125; Taxation, §§ 113, 242. III. DISTRIBUTION OF GOVERNMENTAL POWERS AND FUNCTIONS. (A) Legislative Powers and Delegation Thereof. $ 62 (Tex.Civ.App.) Gen. Laws (2d Extra Sess.) 31st Leg. c. 10 (Rev. St. 1911, arts. 6695, 6696), held a valid law and not a delegation of legislative power, being in effect a declaration that railroads shall, under certain conditions, construct union depots, leaving to the Railroad Commission merely the determination, in the first instance, whether those conditions exist.Gulf, C. & S. F. R. Co. v. State, 167 S. W. 192. Gen. Laws (2d Extra Sess.) 31st Leg. c. 10 (Rev. St. 1911, arts. 6695, 6696), authorizing the Railroad Commission to require two or more railroad companies whose lines reach the same town to construct union depots when practicable, held not invalid as authorizing the Commission to waive or enforce the statute at their pleasure.-Id. IV. POLICE POWER IN GENERAL. § 81 (Tex.Civ.App.) Property which receives a right or privilege from the government and is used in dealing with the public is a legitimate subject for reasonable governmental regulations. -Lastinger v. Toyah Valley Irr. Co., 167 S. W. V. PERSONAL, CIVIL AND POLITI CAL RIGHTS. CONSTRUCTION. § 82 (Tex.) Under Rev. St. 1911, art. 7805, See Contracts, §§ 147-155; Deeds, §§ 93–165; Insurance, 8 146, 152, 726; Mortgages, § 151; Sales, §§ 54-88; Statutes, §§ 206-228; Trial, §§ 295, 296; Wills, §§ 439-687. CONSTRUCTIVE TRUSTS. providing that when a foreign corporation has XI. DUE PROCESS OF LAW. § 252 (Ark.) Corporations are protected by the due process clause of the federal and state Constitutions.-State v. Southern Sand & Material Co., 167 S. W. 854. § 297 (Tex.Civ.App.) Gen. Laws (2d Extra Sess.) 31st Leg. c. 10 (Rev. St. 1911, arts. 6695, 6696), authorizing the Railroad Commission to order two or more railroad companies in the same municipality to construct and maintain a union passenger depot, does not work a deprivation of property without due process, contrary to Const. U. S. Amend. 14, and Const. Tex. art. 1, § 19, because provision is made for notice and public hearing for the railroad companies before the order.-Gulf, C. & S. F. Ry. Co. v. State, 167 S. W. 192. $309 (Mo.) The Georgia statutes authorizing judgments against nonresidents by attachment without service of any notice or writ of attachment, either personally, by publication, or otherwise, are not invalid as depriving of property without due process in violation of the United States Constitution, as the legal seizure of the property is constructive notice.-Kwilecki v. Holman, 167 S. W. 989. §309 (Tex.Civ.App.) Where jurisdiction, in a suit against a nonresident, is sought to be obtained by attachment, due process of law requires that the owner have an opportunity to be heard, and to that end shall be notified in some manner beyond the notice arising from the seizure of the property.-Connell v. Nickey, 167 S. W. 313. CONTEMPT. See Injunction, § 231; Intoxicating Liquors, § 279; Nuisance, § 86. CONTEST. See Elections, §§ 278-305. CONTINGENT REMAINDERS. See Wills, § 634. CONTINUANCE. See Appeal and Error, §§ 920, 1043; Criminal Law, 88 584-603, 1086, 1151. § 14 (Ark.) In action for death of railway brakeman, continuance held properly denied because the allegations of the original and amended complaints, filed within 10 days before the beginning of the term, as to the failure of the air on the train to work properly, stated the same cause of action in different language.Kansas City Southern Ry. Co. v. Leslie, 167 S. W. 83. for the absence of a witness on the ground that § 26 (Ky.) It was error to deny a continuance the subpoena did not contain his address, where with the subpoena.-Louisville Ry. Co. v. Vesthe sheriff was given his last known address sels' Adm'x, 167 S. W. 924. Where subpoena for material witness with last known address was delivered to sheriff more than five days before the trial, and his absence was not learned until the return of the subtion, held, that there was no lack of diligence. pœna, when it was too late to take his deposi -Id. § 30 (Mo.App.) In an action for assault, the allowance of a trial amendment which added to the petition allegations as to the injury to plaintiff's nose, to which injury testimony had been given without objection, held not to entitle defendant to a continuance under Rev. St. 1909, §, 1961, on the ground of surprise.-Ellis v. Wahl, 167 S. W. 582. $47 (Ky.) In an action on a guaranty in which defendant alleged payment, evidence on an application for a continuance for the absence of defendant's co-guarantor, by whom it was claimed payment was made, held to show diligence justifying a continuance.-Ford v. HouseHasson Hardware Co., 167 S. W. 879. CONTRACTS. See Accord and Satisfaction; Alteration of Instruments; Appeal and Error, §§ 842, 1050; Assignments; Attorney and Client, §§ 143, 148; Bailment; Bills and Notes; Boundaries, § 46; Brokers; Cancellation of Instruments; Carriers, § 94; Champerty and Maintenance; Chattel Mortgages; Compromise and Settlement; Constitutional Law, § 171; Counties, § 150; Courts, § 169; Damages, 88 78-85; Deeds; Estoppel; Evidence, §§ 80, 390-450; Exchange of Property; Frauds, Statute of; Guaranty; Husband and Wife, §§ 81, 89; Insurance, § 115; Interest; Joint Adventures; Landlord and Tenant; Maritime Liens, §§ 11, 16, 25, 59, 61, 74; Mortgages; Municipal Corporations, §§ 230-248, 330-372; Partnership; Payment; Pleading, $$ 8, 32, 174; Principal and Sure ty; Railroads, § 17; Reformation of Instru- [ tract to pay for and to convey the land, held ments; Release; Sales; Specific Perform-supported by a consideration.-Lester v. Hutance; Stipulations; Telegraphs and Tele- son, 167 S. W. 321. phones, 55; Trial, §§ 251, 333; Trusts, §§ 17, 18; Usury, §§ 18, 27; Vendor and Purchaser; Venue, $ 27; Waters and Water Courses, 261; Work and Labor. I. REQUISITES AND VALIDITY. (B) Parties, Proposals, and Acceptance. § 26 (Tex.Civ.App.) Where an offer is submitted by letter, an acceptance by mail is conclusive and binding when the letter is deposited in the post office.-Kenedy Mercantile Co. v. Western Union Telegraph Co., 167 S. W. 1094. Where an offer is by telegram, an acceptance by wire becomes binding on the proposer from the date of the delivery of the telegram to the telegraph company.-Id. (D) Consideration. § 54 (Ky.) The undertaking by defendant, a contractor, assented to by its subcontractor, that it would withhold for plaintiff's benefit so much of the money going to the subcontractor as was necessary to pay for goods furnished to him by plaintiff, held a valuable consideration, inducing plaintiff to part with his goods.-Fairbanks, Morse & Co. v. Tafel, 167 S. W. 887. $71 (Tex.Civ.App.) A creditor's agreement to withhold suit against his debtor, followed by actual forbearance, held a good consideration to support a third party's promise to pay the debt, although no definite time of extension was expressly agreed on.-Enterprise Trading Co. v. Bank of Crowell, 167 S. W. 296. (E) Validity of Assent. § 92 (Ky.) A contract or conveyance of an insane person cannot be avoided, unless he was insane to such an extent as to be incapable of understanding the subject of the contract; mere weakness of intellect not being enough.-Bevins v. Lowe, 167 S. W. 422. (F) Legality of Object and of Consideration. § 105 (Mo.) State statute, imposing on parties handling liquors C. O. D. an annual occupation tax of $5,000 for each place maintained for that purpose, held to excuse failure to make delivery of a C. O. D. shipment.-Rosenberger v. Pacific Express Co., 167 S. W. 429; Same v. Wells Fargo & Co., Id. 433. II. CONSTRUCTION AND OPERA TION. (A) General Rules of Construction. § 147 (Ark.) In construing a contract the court should put itself in the place of the parties to the agreement, and then consider how its terms affect the subject-matter, and thereby ascertain the intent of the parties. Maloney v. Maryland Casualty Co., 167 S. W. 845. § 147 (Mo.App.) The court, in construing a contract, must ascertain the intention of the parties as expressed in the writing employed by them, and consistent therewith.-In re Whitlow's Estate, 167 S. W. 463. $152 (Tex.Civ.App.) In construing a written contract, words used should be accepted in their ordinary sense, unless there is something to show that they were used in a different sense.Gulf Refining Co. v. Brown-Lloyd Co., 167 S. W. 162. § 155 (Tex.Civ.App.) A contract drawn by one party is always construed most strictly against such party.-Western Assur. Co. v. Hillyer-Deutsch-Jarratt Co., 167 S. W. 816. III. MODIFICATION AND MERGER. § 237 (Tex.Civ.App.) Agreement after expiration of the time for performance of an agreement for an interest in land, whereby the par V. PERFORMANCE OR BREACH. § 300 (Ky.) Where the contract for the reconstruction of a towboat into an excursion steamer was made in March, and supplemental contracts were made in May and August, which necessarily postponed the completion of the work, the owner could not recover damages for loss of profits on contracts which would have been performed during the summer.-Rounds v. Cloverport Foundry & Machine Co., 167 S. W. 384. an VI. ACTIONS FOR BREACH. § 335 (Tex.Civ.App.) Where action is brought upon a contract in which the promises or covenants are mutual and concurrent, plaintiff must allege performance, or a readiness and willingness to perform on his part, or some act or omission of defendant which justifies a rescission of the contract by plaintiff.Fink v. San Augustine Grocery Co., 167 S. W. 35. § 353 (Mo.App.) In an action on a building contract, an instruction that, if plaintiff had substantially complied with his contract, defendants could not recover anything on their counterclaim for defective work and materials was erroneous.-Knost v. Van Hoose, 167 S. W. 596. CONTRADICTION. See Witnesses, §§ 379-414. CONTRIBUTION. See Principal and Surety, §§ 86, 194. CONTRIBUTORY NEGLIGENCE. See Negligence, §§ 65-97. CONVERSION. See Trover and Conversion. CONVEYANCES. See Assignments; Champerty and Maintenance, §7; Chattel Mortgages; Deeds; Dower, § 44; Fraudulent Conveyances; Husband and Wife, §§ 6, 193, 198; Infants, § 37; Insane Persons, $$ 61, 70; Partition; Vendor and Purchaser. COPY. See Evidence, § 181. CORPORATIONS. See Banks and Banking; Carriers: Constitutional Law, §§ 82, 205, 252; Creditors' Suit, $$ 8, 11: Evidence, $$ 67, 318, 441; Frauds, Statute of, § 33; Insurance, §§ 694, 705; Limitation of Actions, §§ 24. 66, 95, 103; Municipal Corporations; Railroads; Street Railroads; Taxation, §§ 1, 113-168; Telegraphs and Telephones; Waters and Water Courses, § 261. IV. CAPITAL, STOCK, AND DIVI- (C) Issue of Certificates. § 94 (Tex.) A certificate of stock in a corporation is but a muniment of title, and is not necessary to a subscriber's complete ownership of the stock.-Yeaman v. Galveston City Co., 167 S. W. 710. (D) Transfer of Shares. 123 (Tex.Civ.App.) A pledgee of corporate stock has such an interest in the assets of the corporation as entitles him to invoke equitable |