For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER STIPULATIONS. 18(1) (U.S.C.C.A.N.Y.) Question of unfair STREET RAILROADS. I. ESTABLISHMENT, CONSTRUCTION, AND MAINTENANCE. 28(2) (U.S.D.C.Colo.) Ordinances held to Perpetual easements grant not cut down by 58 (U.S.D.C.Colo.) Receiver not permitted IV. PLACE OF TAXATION. V. LEVY AND ASSESSMENT. (E) Assessment Rolls or Books. 411 (U.S.D.C.Tenn.) Assessment roll must II. REGULATION AND OPERATION. 98(6) (U.S.C.C.A.Porto Rico) Pedestrian (G) Review, Correction, or Setting Aside of Assessment. 113(5) (U.S.C.C.A.Porto Rico) Evidence as 117(7) (U.S.C.C.A.Porto Rico) Motorman's 117(21) (U.S.C.C.A.Porto Rico) Instruction SUBROGATION. 31 (4) (U.S.D.C.N.Y.) Court cannot direct SURETYSHIP. See Principal and Surety. SURVIVAL. See Abatement and Revival, 49. TARIFF. See Customs Duties. TAXATION. See Customs Duties; Highways, 121; In- I. NATURE AND EXTENT OF POWER IN 22 (U.S.D.C.Tex.) Benefit is presumed III. LIABILITY OF PERSONS AND PROP- ERTY. (A) Private Persons and Property in Gen- 63 (U.S.C.C.A.Tex.) Oil in place is taxable TELEGRAPHS AND TELEPHONES. II. REGULATION AND OPERATION. 33(1) (U.S.D.C.Md.) Method of determin- Evidence held to show value of property for Evidence held to show depreciation of prop- Depreciation deductible from reproduction Stipulation held evidence of actual deprecia- Return of 6 per cent. held not confiscatory. Dealings between subsidiary and controlling License contract between subsidiary and con- Agreement for division of tolls between sub- TENANCY IN COMMON. II. MUTUAL RIGHTS, DUTIES, AND LIA- 14 (U.S.D.C.Fla.) Possession by grantee TORTS. See Collision; Fraud, 3-49; Libel and TOWAGE. (1) (U.S.C.C.A.Md.) Tug not insurer of 11(1) (U.S.C.C.A.Mass.) Tugmaster held 11(3) (U.S.C.C.A.Md.) Tug not insurer of 11(6) (U.S.C.C.A.Md.) Towing company 11(7) (U.S. D. C. Pa.) Navigation through 12(2)(U.S.C.C.A.Mass.) Master of schoon- 15(2) (U.S.C.C.A.Md.) Mere fact that tow Those seeking to establish tug's liability for 19 (U.S.C.C.A.Md.) Tug, contracting to 3(4) (App.D.C.) Headings in magazine held 3(5) (U.S.D.C.Md.) Mark denoting grade 6 (U.S.D.C.Md.) Letters may constitute A trade-mark held invalid as indicating grade 21 (App.D.C.) Word "President" held not 22 (U.S.C.C.A.R.I.) Complainant is entitled representations.-General Baking Co. v. Gor- II. TITLE, CONVEYANCES, AND CON- 31 (U.S.C.C.A.N.Y.) Trade-mark protects 31 (U.S.C.C.A.R.I.) Use of trade-mark for 32 (U.S.C.C.A.Colo.) Right to exclusive 32 (U.S.D.C.Md.) Trade-mark is aban- 33 (U.S.C.C.A.Colo.) Trade-name cannot III. REGISTRATION, REGULATION, AND OFFENSES. 43 (App.D.C.) Trade-mark "Eta," for bis- 43 (App.D.C.) Publisher of magazine sup- 43 (App.D.C.) Word "Tech" subject to Trade-mark "Tech," printed in white script 45 (U.S.C.C.A.R.I.) Registration of trade- 45 (U.S.D.C.Md.) Registration raises strong 45 (U.S.D.C.N.Y.) Right conferred by use IV. INFRINGEMENT AND UNFAIR COMPE- (A) What Constitutes Infringement. 53 (U.S.C.C.A.R.I.) Cases of infringement 55 (U.S.D.C.Md.) Wrongful intent not es- 59(1)(U.S.D.C.Del.) "Oh Henry" held 59(1) (App.D.C.) Use of word "Tech," For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 59(5) (U.S.D.C.N.Y.) "Mirrolike," if valid trade-mark for polish, was infringed by use of word “Mirrolac.”—Mirrolike Mfg. Co. v. Devoe & Raynolds Co., 3 F. (2d) 846. 61 (U.S.D.C.N.Y.) The use of a trademark for wheat flour held not to exclude its use by another for prepared pancake or buckwheat flour.-France Milling Co. v. Washburn-Crosby Co., 3 F. (2d) 321. "Gold Medal" as trade-mark held not distinctive of any particular commodity, but a general term intended to denote superior merit or quality.-Id. Complainant held entitled to protection in its trade-mark "Gold Medal" for prepared pancake and buckwheat flour.-Id. 61 (U.S.D.C.Pa.) Trade-mark for readymade clothing held not infringed by use of same trade-mark for hats.-Rosenberg Bros. & Co. v. Elliott, 3 F. (2d) 682. Exclusive right to mark is limited to trade in which it is used, or to the same line of trade. -Id. (B) What Competition Unlawful. 68 (U.S.C.C.A.) Method of selling encyclopedia, together with encyclopedic and research services, held not unfair competition.-John C. Winston Co. v. Federal Trade Commission, 3 F. (2d) 961. 68 (U.S.C.C.A.Ohio) "Standard" spark plug and core held to imply those used in factory equipment.-S. S. Kresge Co. v. Champion Spark Plug Co., 3 F. (2d) 415. 68 (U.S.D.C.Del.) Ocular or auricular similitude not the only means of unfair competition.-Williamson Candy Co. v. Ucanco Candy Co., 3 F. (2d) 156. 68 (U.S.D.C.Md.) "Unfair competition" defined.-Autoline Oil Co. v. Indian Refining Co., 3 F. (2d) 457. Fraudulent intent 69 (U.S.C.C.A.Ohio) may color meaning of words used.—S. S. Kresge Co. v. Champion Spark Plug Co., 3 F. (2d) 415. 70(1) (U.S.D.C.Del.) Defendant held chargeable with unfair competition.-Williamson Candy Co. v. Ucanco Candy Co., 3 F. (2d) 156. 75 (U.S.C.C.A.Ohio) Evidence of actual deception not essential to unfair competition.S. S. Kresge Co. v. Champion Spark Plug Co., 3 F.(2d) 415. (C) Actions. 802 [New, vol. 8A Key-No. Series] 100 (U.S.C.C.A.N.Y.) Form of labels to be used by defendant approved.-Coty, Inc., v. Prestonettes, Inc., 3 F. (2d) 984. V. TRADE-MARKS AND TRADE-NAMES "Autoline."-Autoline Oil Co. v. Indian Refin- "Fisk Teachers' Agency."-Everett O. Fisk "Gold Medal."-France Milling Co. v. Wash- "Tech."-Pittsburgh Brewing Co. v. Ruben "Topics of the Day."-Funk & Wagnalls Co. v. TREATIES. 2 (U.S.D.C.N.Y.) Governments may by treaty authorize searches and seizures of foreign vessels.-The Pictonian, 3 F. (2d) 145. 12 (U.S.D.C.N.Y.) Treaty with Great Britain authorizing seizure of British vessels within certain limits held self-executing.-The Pictonian, 3 F. (2d) 145. Legislation declaring certain acts crimes not prerequisite to enforcement of treaty provisions.-Id. TRESPASS TO TRY TITLE. II. PROCEEDINGS. (U.S.C.C.A.) Corporation held not to have complied with order prohibiting use of word "mills" until it operated factory or mills. -Federal Trade Commission v. Pure Silk Hos-40(4) (U.S.C.C.A.Tex.) Burden of proof iery Mills, 3 F. (2d) 105. 802 [New, vol. 8A Key-No. Series] (U.S.C.C.A.) Order of Trade Commission to cease practice which had been abandoned before complaint unauthorized.-John C. Winston Co. v. Federal Trade Commission, 3 F. (2d) 961. 86 (U.S.D.C.N.Y.) Right to injunctive relief; laches.-France Milling Co. v. WashburnCrosby Co., 3 F. (2d) 321. 89 (U.S.D.C.Del.) Successor corporation held liable for unlawful acts of predecessor.Williamson Candy Co. v. Ucanco Candy Co., 3 F. (2d) 156. 93 (2) (U.S.D.C.Del.) Trade-marks for other confectioneries are pertinent in considering trade-marks for candies.-Williamson Candy Co. v. Ucanco Candy Co., 3 F. (2d) 156. 93(3) (U.S.D.C.Md.) Unfair competition held not established.-Autoline Oil Co. v. Indian Refining Co., 3 F. (2d) 457. 98 (U.S.C.C.A.Ohio) Profits may be recoverable for unfair competition.-S. S. Kresge Co. v. Champion Spark Plug Co., 3 F. (2d) 415. of genuineness of deed, stated.-Penix v. Sloan, 3 F.(2d) 258. TRIAL. See Criminal Law, 620-888; Jury; New For review of rulings at trial, see Appeal and For trial of particular actions or proceedings, I. NOTICE OF TRIAL AND PRELIMINARY 2 (U.S.C.C.A.Utah) Court may set aside order consolidating causes.-Boston Acme Mines Corporation v. Salina Canyon Coal Co., 3 F. (2d) 729. IV. RECEPTION OF EVIDENCE. (B) Order of Proof Rebuttal, and Reopening Case. 59(2) (App.D.C.) Order of introducing witnesses discretionary with court.-Lemon v. Martin, 3 F.(2d) 710. (C) Objections, Motions to Strike out, and Exceptions. answer 76 (U.S.C.C.A.Tex.) Responsive admissible where question is not objected to.Penix v. Sloan, 3 F. (2d) 258. VI. TAKING CASE OR QUESTION FROM JURY. (A) Questions of Law or of Fact in General. 141 (App.D.C.) Direction of verdict for plaintiffs not error, where sustained by undisputed evidence.-Selden v. Lee, 3 F. (2d) 335. 143 (U.S.C.C.A.W.Va.) Refusal to direct verdict was proper, where evidence on material issues was sharply conflicting.-Fidelity & Casualty Co. of New York v. Glenn, 3 F. (2d) 913. (D) Direction of Verdict. 177 (App.D.C.) Both parties, by moving for directed verdict without request for further instructions, submitted facts of case to trial judge for decision.-Lemon v. Martin, 3 F.(2d) 710. VII. INSTRUCTIONS TO JURY. (D) Applicability to Pleadings and Evidence. 251(8) (U.S.C.C.A.Ark.) Instruction held properly refused as not applicable to the issues.-Hercules Powder Co. v. Rich, 3 F.(2d) 12. 252(1) (U.S.C.C.A.Porto Rico) Instruction given must be applicable to facts disclosed by evidence.-Porto Rico Ry., Light & Power Co. v. Cognet, 3 F. (2d) 21. 252(4) (U.S.C.C.A.Porto Rico) Instruction that domicile of wife was that of husband held inapplicable.-Porto Rico Ry., Light & Power Co. v. Cognet, 3 F. (2d) 21. (E) Requests or Prayers. 255(15) (App.D.C.) Failure to instruct as to interest of witness not error, in absence of prayer and exception to charge as given. Economon v. Barry-Pate Motor Co., 3 F. (2d) 84. 260(1) (U.S.C.C.A.W.Va.) Instructions as to matters fully covered by instructions given held properly refused.-Fidelity & Casualty Co. of New Work v. Glenn, 3 F. (2d) 913. 260 (8) (U.S.C.C.A.Ohio) Instructions held properly refused, as covered by the charge given.-Pennsylvania R. Co. v. Berekheimer, 3 F. (2d) 269. (G) Construction and Operation. 296(2) (U.S.C.C.A.Mass.) Instructions as to construction of statute held correct, in view of other instructions.-Clinton Mills Co. v. Saco-Lowell Shops, 3 F. (2d) 410. 296 (2) (U.S.C.C.A.Porto Rico) Instruction as to wife's intention to return to former domicile held not misleading, in view of other instruction.-Porto Rico Ry., Light & Power Co. v. Cognet, 3 F.(2d) 21. 296(3) (App.D.C.) Instruction pedestrian injured by automobile collision could not recover, if jury could not determine whether negligence of defendant or negligence of third person caused injuries, held not erroneous, in view of other instructions.-Economon v. BarryPate Motor Co., 3 F. (2d) 84. TRUSTS. See Monopolies, 17. I. CREATION, EXISTENCE, AND VALIDITY. (A) Express Trusts. 41 (U.S.C.C.A.Ohio) In absence of contrary evidence, inferred that person buying prop erty for another holds it in trust until repaid advance. Stark v. Bauer Cooperage Co., 3 F. (2d) 214. V. EXECUTION OF TRUST BY TRUSTEE OR BY COURT. 274(4) (U.S.D.C.N.Y.) Trustee, purchasing bonds at premium for life tenant and remainderman, must amortize premiums to keep capital intact.-New York Life Ins. Co. v. Edwards, 3 F. (2d) 280. VI. ACCOUNTING AND COMPENSATION Oof TRUSTEE. 315(1) (App.D.C.) Arrangement held not an express trust, within statute providing for a lien for compensation for "trustees of express trust."-Briesen v. A Certain Fund, 3 F. (2d) 509. VII. ESTABLISHMENT AND ENFORCEMENT OF TRUST. (B) Right to Follow Trust Property or Proceeds Thereof. 353 (U.S.D.C.Or.) Rule as to tracing misapplied funds stated.-Nyssa-Arcadia Drainage Dist. v. First Nat. Bank, 3 F. (2d) 648. UNFAIR COMPETITION. See Trade-Marks and Trade-Names and Unfair Competition, 53-100. UNITED STATES. See Army and Navy; Treaties; United States Commissioners. I. GOVERNMENT AND OFFICERS. 40 (U.S.C.C.A.N.Y.) Settlement of claims by commissioners, under power delegated by Shipping Board, is final.-In re Triangle S. S. Co., 3 F. (2d) 894. Shipping Board may delegate to counsel the duty of concluding formal contract on terms agreed on.-Id. claim 522 [New, vol. 19A Key-No. Series] (U.S.D.C.N.Y.) Assignment of against United States Shipping Board Emergency Fleet Corporation not forbidden.-Providence Engineering Corporation v. Downey Shipbuilding Corporation, 3 F. (2d) 154. II. PROPERTY, CONTRACTS, AND LIABILITIES. ~70(1) (U.S.D.C.S.C.) Provision that monthly statements and payments under cost plus contract should be conclusive held not modified by other provisions.-U. S. v. Hardaway Contracting Co., 3 F. (2d) 163. 73 (U.S.C.C.A.S.C.) Contractor for post office building held not relieved from liability for nonperformance by war activities of the government.-Maxwell v. U. S., 3 F.(2d) 906. Government acts which would not relieve contractor with private party from liability for breach of contract will not relieve government contractor.-Id. Termination of building contract by government held justified.-Id. 76 (U.S.D.C.Idaho) Right of surety's preference as for debt due United States wholly dependent on statute.-United States Fidelity & Guaranty Co. v. Porter, 3 F. (2d) 57. V. ACTIONS. 125 (U. S. D. C. N. J.) Government-owned steamship, bound for certain port for reconditioning under government's contract, held not engaged in merchant service, and immune from suit for collision.-The Augusta G. Hilton, 3 F. (2d) 808. 137 (U.S.C.C.A.III.) Special appearance of district attorney as amicus curiæ held not to bind the United States.-Reinecke v. Peacock, 3 F. (2d) 583. |