Of injury from negligence or default in transmission or delivery of telegraph or telephone message, see Telegraphs and Telephones, § 53. PUBLIC AID.

To railroads, see Public Lands, § 92.

PUBLIC AMUSEMENTS.

See Theaters and Shows.

PUBLICATION.

and intestate's mother, an alien, surviving, and plaintiff took out a patent running to the heirs of intestate, the mother being an alien and incapable of making proof, under Rev. St. U. S. $ 2291 (U. S. Comp. St. 1901, p. 1390), held, that title to the homestead passed to the brother.-Bergstrom v. Svenson (Ñ. D.) 497.

(G) Grants to States for provements.

Power to tax, see Taxation, § 5.

Internal Im

§ 62. The intent of all the national land grant acts was that an acceptance title should pass to the grantees as of the date of the act,

Of process, see Process, § 111.

PUBLIC CORPORATIONS.

See Counties; Municipal Corporations; Towns.

accruing subsequent thereto, and before identification of the particular lands granted.-Mariner v. Oconto Land Co. (Wis.) 34.

§ 62. A grant of lands to the state by Act Cong. May 5, 1864, c. 80, 13 Stat. 66, the language whereof being "there be and hereby is granted to the state," etc., was in præsenti, leaving nothing to be done to pass title in trust except to segregate the lands from the general public domain by due selection and certification. -Mariner v. Oconto Land Co. (Wis.) 34.

(H) Grants in Aid of Railroads. § 92. A railway company held owner of land as successor to the grantee of public land under act Cong. July 2, 1864, c. 217, 13 Stat. 365. -Northern Pac. Ry. Co. v. Aas (N. D.) 1016.

§ 92. Forfeiture resulting from failure of grantee of public land to perform conditions of the grant (Act Cong. July 2, 1864, c. 217, 13 Stat. 365), cannot be asserted except by the United States.-Northern Pac. Ry. Co. v. Aas (N. D.) 1016.

§ 92. Parties acquiring rights in public lands on the route adopted by the Northern Pacific Railroad Company under Act July 2, 1864, c. 217, 13 Stat. 365, take subject to such right of way.-Northern Pac. Ry. Co. v. Aas (N. D.)

1016.

§ 92. Rights of a railroad company under a grant of public land by act Cong. July 2, 1864, c. 217, 13 Stat. 365, stated.-Northern Pac. Ry. Co. v. Aas (N. D.) 1016.

PUBLIC LAWS.

See Statutes.

PUBLIC NUISANCE.

See Nuisance, §§ 59, 80.

PUBLIC OFFICERS.

PUBLIC SCHOOLS.

See Schools and School Districts, §§ 39–46. PUBLIC SERVICE COMMISSION. Judicial notice of proceedings of railroad commissioner, see Evidence, § 48.

PUBLIC SERVICE CORPORATIONS. See Carriers; Corporations; Railroads; Street Railroads; Warehousemen.

Interstate commerce laws, see Commerce. Telegraph and telephone companies, see Telegraphs and Telephones.

PUBLIC USE.

Dedication of property, see Dedication.
Taking property for public use in general, see
Eminent Domain.

What constitutes public use for which property may be taken under power of eminent domain, see Eminent Domain, § 19.

PUBLIC WAYS.

See Highways; Municipal Corporations, §§ 706, 763, 821.'

PUBLIC WORKS.

See Drains Highways; Municipal Corporations, §§ 318, 513.

Bonds for, see Municipal Corporations, § 911. Subjects and titles of acts relating to, see Statutes, § 123.

See Fines.

PUNISHMENT.

QUIETING TITLE.

Tax titles, see Taxation, §§ 805, 809.

I. RIGHT OF ACTION AND DEFENSES. § 10. One must quiet title on the strength of his own title, and not on the weakness of his adversary's.-Mohn v. Mohn (Iowa) 1127.

§ 19. An action under Comp. Laws 1887, §§ 5449-5464, to determine adverse claims to and for possession of real property, was maintainable to the same effect as an action of ejectment at common law.-Ottow v. Friese (N. D.) 503.

II. PROCEEDINGS AND RELIEF. Rendering final judgment on reversal, see Appeal and Error, § 1175.

§ 34. The essential allegations in an action under Comp. Laws 1887, §§ 5449-5464, to determine adverse claims to possession of land, held not the same as those on which an action for forcible entry and detainer, under sections 6072-6081, was maintainable.-Ottow v. Friese (N. D.) 503.

RAILROAD COMMISSIONER.

Judicial notice of proceedings, see Evidence, § 48.

RAILROADS.

See Street Railroads.

As employers, see Master and Servant. Carriage of goods and passengers, see Carriers.

I. CONTROL AND REGULATION IN GENERAL.

Of witnesses as ground for postponement of trial, see Criminal Law, § 649.

Carriers, § 13.

Judicial notice of proceedings of railroad commissioner, see Evidence, § 48.

Regulation of, as regulation of commerce, see Commerce, §§ 61-62.

II. RAILROAD COMPANIES.

§ 33. Service of process on a foreign railroad company held to give the court jurisdiction.-Sherrill v. Grand Trunk Ry. Co. of Canada (Mich.) 830.

III. PUBLIC AID.

Grants of land in aid, see Public Lands, § 92. V. RIGHT OF WAY AND OTHER INTERESTS IN LAND.

Acquisition of rights under power of eminent domain, see Eminent Domain.

Adverse possession of right of way, see Adverse Possession, § 43.

Recognition of boundary of right of way, see Boundaries, § 48.

dor and Purchaser, § 135.

§ 69. A perpetual easement for a railway right of way over land is an incumbrance thereon and an interest therein.-Delisha v. Minne apolis, St. P., R. & D. Electric Traction Co. (Minn.) 276.

§ 73. A railroad company may grant a license or easement on its right of way not interfering with the operation of the road.--Hastings v. Chicago, R. I. & P. Ry. Co. (Iowa) 786.

§ 82. Railroad company held not estopped to deny title of adjoining proprietor to portion of right of way not fenced in.-Sheldon v. Michigan Cent. R. Co. (Mich.) 1056.

§ 102. An adjoining landowner held entitled to go upon a railroad right of way to remove an obstruction from an archway used for the passage of his cattle.-Hastings v. Chicago, R. L. & P. Ry. Co. (Iowa) 786.

§ 102. An archway under railroad tracks not large enough to permit the passage of wagons loaded with farm products is not a compliance with Code, § 2022, requiring adequate means of crossing.-Hastings v. Chicago, R. I. & P. Ry. Co. (Iowa) 786.

§ 102. If a railway company has provided a statutory crossing, the mere fact that it permits adjoining owner to use an opening under its tracks does not convert the opening into a statutory private crossing which the company must maintain.-Hastings v. Chicago, R. I. & P. Ry. Co. (Iowa) 786.

$102. A railway company's assurance to an adjoining owner held not recognition of the statutory right to an under crossing nor an assurance that one would be maintained.-Hastings v. Chicago, R. I. & P. Ry. Co. (Iowa) 786. VII. SALES, LEASES, TRAFFIC CONTRACTS, AND CONSOLIDATION.

§ 134. Under Code, § 2039, a lessee railroad company would be liable for damage caused by constructing a bridge so as to obstruct the flow of water in a stream.-Delashmutt v. Chicago, B. & Q. R. Co. (Iowa) 359.

§ 134. A lessor railroad company held jointly liable with its lessee for damage caused by the construction of a bridge by the latter, so as to obstruct the water in a stream, notwithstanding Code, § 2066, authorizing the leasing of railroads.-Delashmutt v. Chicago, B. & Q. R. Co. (Iowa) 359.

§ 134. The lessor and lessee of a railroad both being liable for proper construction and maintenance of a bridge, they are jointly liable. Delashmutt v. Chicago, B. & Q. R. Co. (Iowa)

359.

VIII. INDEBTEDNESS, SECURITIES, LIENS, AND MORTGAGES.

(A) Nature and Extent of Liabilities. $ 159. Person grading railroad bed held to be a subcontractor, within the laborers' lien law, giving a subcontractor a lien for material furnished and labor performed in constructing a railroad.-Owen v. Cox (Neb.) 658.

§ 159. A description of premises upon which a subcontractor's lien was sought held sufficient under Comp. St. 1909. c. 54, art. 2, §§ 2, 3.Owen v. Cox (Neb.) 658.

X. OPERATION.

Injuries to employés, see Master and Servant, §§ 90-297.

(B) Statutory,

Municipal, and Official Regulations.

Judicial notice as to action for penalty for failure to equip cars, see Evidence, § 48. Liability for injuries to servant from failure to furnish safety appliances, see Master and Servant, & 111.

juries.

Title of ordinance regulating speed of train, see Municipal Corporations, § 112. (C) Companies and Persons Liable for InConcurrent negligence of railroad company and independent contractor, see Negligence, § 61. Negligence of independent contractors, see Negligence, § 55.

(D) Injuries to Licensees or Trespassers in General. Application of doctrine of turntable cases, see Negligence, § 23.

§ 282. Evidence held not to show that a railroad company had invited boys to catch rides on moving trains, so as to render it liable for injuries to one of them attempting to so take a ride.-Berg v. Duluth, S. S. & A. Ry. Co. (Minn.) 1093.

§ 282. Evidence and findings held to show plaintiff was rightfully at the place of accident, and engaged in a service in which his master and defendant railroad company had a common beneficial interest, so as to make the company liable for injury, through the negligence of its servants, of plaintiff.-Hendrickson v. Wisconsin Cent. Ry. Co. (Wis.) 686.

(F) Accidents at Crossings. Argumentative instructions, see Trial, § 240. Instructions assuming facts, see Trial, § 191. Instructions giving undue prominence to particular matters, see Trial, § 244.

$327. Where a pedestrian looks and listens at a railroad crossing, he is not necessarily negligent because he did not look at the most advantageous point.-Wallenburg v. Missouri Pac. Ry. Co. (Neb.) 289.

§ 330. One about to cross a railroad held entitled to assume that trains will be run at lawful speed and with proper signals.-Case v. Chicago Great Western Ry. Co. (Iowa) 1037.

than six miles per hour at a crossing, and § 350. Whether a train was running faster whether signals were given of its approach, held for the jury.-Trout v. Minneapolis & St. L. R. Co. (Iowa) 799.

350. Defendant in a railroad crossing accident case held not entitled to have charge, as a legal proposition, that if he could have seen the train when and where he looked, according to his testimony, he either saw it or did not look. Case v. Chicago Great Western Ry. Co. (Iowa) 1037.

§ 350. Evidence as to driver of team having looked, at a proper point, for a train, before attempting to cross a railroad, held sufficient to go to jury.-Case v. Chicago Great Western Ry. Co. (Iowa) 1037.

§ 350. Whether one before attempting to cross a railroad looked, at a proper point for a train, held a question for the jury.-Case v. Chicago Great Western Ry. Co. (Iowa) 1037.

§ 350. Whether one should stop his team before attempting to cross a railroad held a question of fact, and not of law.-Case v. Chicago Great Western Ry. Co. (Iowa) 1037.

§ 360. A railroad company, violating a statute requiring the ringing of a bell for at least 60 rods as an engine approaches any street crossing, held liable for damages resulting from frightening a horse.-Warn v. Chicago Great Western Ry. Co. (Iowa) 1104.

§ 398. In an action against a railroad company for injuries caused by frightening a horse, evidence held to support a verdict for plaintiff. -Warn v. Chicago Great Western Ry. Co. (Iowa) 1104.

(H) Injuries to Animals on or near Tracks. § 411. The running of a train at twelve miles an hour through an unincorporated village, where the fencing of tracks is not required does not constitute negligence upon which a recovery could be based for animals killed upon the track.-Cox v. Chicago & N. W. Ry. Co. (Neb.) 999.

§ 411. It is not negligence for a railroad company to fail to fence its station grounds in a village where it is not required by statute to do so.-Cox v. Chicago & N. W. Ry. Co. (Neb.)

999.

II. PROSECUTION AND PUNISHMENT. (A) Indictment and Information. Description in prosecution for homicide, see Homicide, § 131.

(B) Evidence.

$52. A conviction supported by the direct and positive testimony of a child of limited mentality and intelligence held not without support.-Robinson v. State (Wis.) 750.

54. Evidence in a rape trial held to corroborate prosecutrix.-State V. Herrington (Iowa) 772.

(C) Trial and Review.

Assumption as to facts in instructions, see Criminal Law, § 761.

Election between acts proved, see Criminal Law, § 678.

Error in instructions cured by giving other instructions, see Criminal Law, § 823.

$57. In a prosecution for rape, whether the evidence of prosecutrix's father was sufficient to corroborate her held for the jury.-State v. Dudley (Iowa) 812.

$59. Instructions in a rape trial held to sufficiently require corroborating evidence other than prosecutrix's testimony.-State v. Herrington (Iowa) 772.

§ 59. In a prosecution for rape, the court did not err in refusing to charge that the testimony of prosecutrix's father was the only evidence other than that of prosecutrix tending to connect defendant with the offense.-State v. Dudley (Iowa) 812.

§ 59. Instruction on trial for statutory rape held erroneous as practically ignoring the previously required election on the part of the state, and allowing each juror to find defendant guilty of either of numerous acts.-State v. Riggs (S. D.) 509.

RATE.

Charges for telegraph or telephone service, see Telegraphs and Telephones, § 34.

Of speed of trains, title of ordinance regulating, see Municipal Corporations, § 112. Transportation rates, see Carriers, § 13.

RATIFICATION.

REAL ACTIONS.

See Ejectment; Forcible Entry and Detainer, $$ 6-29.

REAL ESTATE AGENTS.

812.

REAL PROPERTY.

See Use and Occupation.

Conclusiveness of judgment in actions relating to real property, see Judgment, § 747. Conveyances, see Deeds; Vendor and Purchaser. Effect of statute of frauds on agreements relating to real property, see Frauds, Statute of, $$ 56-79.

Injuries, damages, see Damages, § 112.
Jurisdiction of justices of the peace in actions
involving title to realty, see Justices of the
Peace, $36.

Liens for improvements, see Mechanics' Liens.
Remedies involving or affecting, see Ejectment;
Mortgage, see Mortgages.
Forcible Entry and Detainer, §§ 6-29.
Sales by executors or administrators, see Ex-
ecutors and Administrators, §§ 319, 375.

Transcript on appeal or writ of error, see Ap

II. REFEREES AND PROCEEDINGS. Review of proceedings as dependent on prejudicial nature of error, see Appeal and Error, § 1044.

III. REPORT AND FINDINGS. Presumptions on appeal or writ of error, see Appeal and Error, § 931.

REFORMATION OF INSTRUMENTS. See Cancellation of Instruments.

I. RIGHT OF ACTION AND DEFENSES. 17. Under the circumstances, held that a contract for city paving could be reformed to give effect to what was intended by the parties. -Fullerton v. City of Des Moines (Iowa) 159.

17. Evidence held to justify reformation of a deed because of a mutual mistake.-Mitchell v. Griffith (Neb.) 998.

II. PROCEEDINGS AND RELIEF.

§ 30. Reformation or correction of an instrument may not be had in an action at law.Skiba v. Gustin (Mich.) 464.

REFRESHING MEMORY.

See Witnesses, §§ 254-257.

REFUNDING.

RELATIONSHIP.

Disqualification of witness by relationship, to party, see Witnesses, § 63.

RELEASE.

See Compromise and Settlement; Payment. From bond of stockholders to secure corporate debts, see Corporations, § 218. From liability of carrier in respect to goods, see Carriers, § 159.

I. REQUISITES AND VALIDITY. Authority of attorney to execute, see Attorney and Client, § 101.

§ 1. There can be no release of a cause of action without unequivocal acts of plaintiff showing expressly or by implication that he inCo. (Wis.) 41. tended to release.-Mensforth v. Chicago Brass

§ 16. Release of claim for personal injuries may be avoided, when executed under a mutual mistake.-Nelson v. Chicago & N. W. R. Co. (Minn.) 902.

§ 17. A release executed on a mistaken, but honest, opinion of a physician as to the extent of plaintiff's injuries, held valid.-Nelson v. Chicago & N. W. R. Co. (Minn.) 902.

§ 17. Release of claim for personal injuries, executed in reliance on false representations,