MEMORANDUM.

Mr. Chief Justice WINSLOW took no part in the decision of those cases

which are reported herein on pages 1-107, pages 115-246, pages 281-356, and pages 367-383.

TABLE

OF

CASES REPORTED.

American Bank Trust Co., Hemenway v..

399

American States Security Co. v. Milwaukee N. R. Co..... 199 Terms of court: Regular and special terms: Appeal and error: Exceptions to instructions: Time to present: Statutes: Eminent domain: Railroad right of way: Compensation: Instructions to jury: "Fair market value:" Harmless error: Trial: View: Competency as evidence: Evidence: Values: Sales of other property: Admission of evidence: Preliminary questions

Trade-marks and trade-names: Names subject to ownership: Infringement: Actions: Expiration of patent: Effect: Abandonment: Nature of right: Evidence: Foreign trade-marks: Registry in United States: Protection: What law governs: Laches.

Barry, Hackley National Bank v......
Bayfield County, German National Bank v......
Bayfield County, Lamoreux v........

Beals v. State.....

132

195

357

177

247

96

398

394, 398

Constitutional law: Distribution of governmental powers: Judicial
powers: Assessment of inheritance tax: Recovery of tax paid:
Construction of provisions of inheritance tax law: Taxation:
Nature and power: Extent of power: Uniformity of taxation.

544

Bieri v. Fonger...

Trespass: Possession by wife: Entering dwelling house: Pleading: Sufficiency of complaint: Amendment to conform to proof: Presumption of amendment on appeal.

150

Blanding, Lemma v.......

156

Board of School Directors, Rogers v.....

143

Board of School Directors, Rogers-Ruger Co. v.......... 135

Railroads: Master and servant: Injuries to brakeman: Contributory negligence: Assumption of risk: Questions for jury: Failure to submit: Trial: Special verdict: Failure to request submission of questions: Appeal and error: Assignments of error: Witnesses: Competency: Experts: Osteopaths: Verdict based on opinion evidence: Conclusiveness: Damages based on sexual impotence: Duty of court: Effect of expert testimony as to personal injuries: Weight and sufficiency of expert evidence: Excessive damages.

Budzisz, Illinois Steel Co. v..........

Burton, Mueller v....

597

281

384

Casper, Klabunde v......

C. Beck Co. v. City of Milwaukee..

Municipal corporations: Charter authority: Ordinances: Constitu-
tional law: Class legislation: Violation of ordinances: Enforce-
ment: Exercise of power to pass ordinances: Construction of
ordinances: Delegation of legislative power: Exercise of dele-
gated powers: "Beach:" "Shore:" Injunction: Grounds: Nav-
igable waters: Lands under water: Ownership.

Chicago & Northwestern R. Co., Steber v....
Clancy, Duluth Music Co. v..

Cleary, Estate of: Cleary v. Cleary..

491

340

10

189

500

Alteration of instruments: Evidence: Appeal and error: Review:
Questions of fact: Trial by court: Findings, when disturbed:
Admission of incompetent evidence: Harmless error.

Cooper, State ex rel., v. Brazee....

.. 538

Damman v. City of Milwaukee....

Davis v. Williams...

356

8

Mortgages: Leasehold interest: Foreclosure: Purchasers assuming

mortgage.

De Blazio v. State.....

Assault regardless of human life: Admissibility of evidence.
Dickinson v. Smith....

Ejectment: New trial: Undertaking: Justification of sureties:
Failure to pay costs not taxed: Extension of time: Amending
defective undertaking after the year.

534

1

Drake, Schoette v.....

18

Duluth Log Co. v. Town of Hawthorne....

170

Taxation: Remedies for wrongful enforcement: Injunction:

Pleading.

Duluth Music Co. v. Clancy...

189

Commerce: Interstate commerce: Foreign corporations: Contracts:

Validity: Statutory inhibitions: Conditional sales: Rescission⚫

Conditions precedent: Tender: Replevin.

412

Du Pont de Nemours Powder Co., Herring v...

Eastern Railway Co. of Minnesota, Lundberg v.......... 161
E. I. Du Pont de Nemours Powder Co., Herring v....... 412

Fidelity & Casualty Co. of New York, Schiefelbein v..... 612
First National Bank of Shawano v. Miller....
126

Bills and notes: Construction: Attorney's fees: Negotiability: Cer-
tainty as to amount: Statutory provisions: Negotiable Instru-
ment Law: Notice of dishonor: Time: Sufficiency.

Flanders v. Washburn Land Co.......

390

Tax titles: Quieting title of owner: Limitation of actions: "Vacant
or unoccupied:" Necessity of payment or tender of taxes paid
by tax-title claimant.

Fond du Lac, City of, McMillan v..

Fonger, Bieri v..

Franck v. Stout...

Landlord and tenant: Contract to insure: Breach: Measure of dam-

ages: Evidence: New trial: Newly discovered evidence: Cumu-

lative evidence: Pleading: Amendment: Withdrawal of count:

Costs: Discretion.

367

150

223

German National Bank v. Bayfield County..

Goldberg, Smith v....

Gould v. Merrill Railway & Lighting Co................

Appeal and error: Estoppel to allege error: Drawing jury: Refusal

to discharge jury: Harmless error: Street railroads: Negligence:

Pleading: Injuries to persons using the street: Duty of motor-

man: Negligence of motorman: Gross negligence: Questions for

jury: Proximate cause: Instructions to jury: Notice of injury:

Amendment of answer: Requests for instructions: Admission

and exclusion of evidence: Duplication of damages: Measure of

damages: Domestic animals: Bill of costs: Items.

398

423

433

Gray v. Northern Pacific R. Co......

419

Railroads: Injuries to employees: Scope of employment: Operation

of locomotive: Negligence of engineer: Sufficiency of evidence:

Contributory negligence.

Great Northern R. Co., Keeley v....

448

Hackley National Bank of Muskegon v. Barry..........

96

Bills and notes: Conflict of laws: Signing on back before delivery:

Indorser or joint maker? Evidence of intent.

Harsen v. Northern Pacific R. Co......

186

Master and servant: Injuries to servant: Care required of foreman:

Negligence: Questions for jury: Anticipation of injury.

Hasbrouck v. Armour & Co......

357

Appeal and error: Theory of cause: Review: Action: Joinder of
causes of action: Pleading: Construction of allegations: Legal
conclusions: "Negligence" defined: Breach of duty: Liability:
Guaranty: Warranty.

Hawthorne, Duluth Log Co. v....
Hayes, Petition of.....

170

163

Municipal corporations: Courts: Jurisdiction: Vacating streets.

Haynes v. Kenosha Electric R. Co.....

227

Street railways: Contracts: Construction: Mortgages: Property in-

cluded: Construction contract: Ownership of material: Consid-

eration for bond issue: Corporations: Stocks: Bonds: Illegal

issue: Validity: Statutes: Construction: Foreclosure: Judgment.

Heber v. Estate of Heber.....

Action: Waiver of tort: Trover and conversion: Scope of remedy:

Trial of questions of title: Executors and administrators: Right

472