INDEX. engaged in illegally manufacturing oleomargarine from its corporate rights.-State v. Capital City Dairy Co. (Ohio) 62. RAILROADS. See "Street Railroads." 1191 General averment that plaintiff was without fault held overcome by allegations that he was 9 years old and was injured while attempting to get on a moving train.-Wolfe v. Pierce (Ind. App.) 555. A paragraph of a complaint alleging that a railroad caused a fire on its right of way, Carriage of goods and passengers, see "Car- and negligently permitted it to escape to plainriers." § 1. Railroad companies. Where a railroad company had leased all its property and franchises to a rival company to destroy competition, and afterwards executed a new lease of like character, held, that the second merged the first, and constituted a violation for which a forfeiture of its franchises could be declared.-Eel River R. Co. v. State (Ind. Sup.) 388. The acts of a railroad company in surrendering its property and franchises to a rival, in order to destroy competition, held sufficient ground for a forfeiture of its franchises.-Eel River R. Co. v. State (Ind. Sup.) 388. § 2. Location of road, termini, and stations. A railway company's construction of its tracks in a street, and their continued and peaceable use for 30 years with the knowledge and acquiescence of the municipality, raises a conclusive presumption of a grant.Town of Newcastle v. Lake Erie & W. R. Co. (Ind. Sup.) 516. Rev. St. 1881, § 3903, held not to give a railway company authority to construct its road longitudinally on streets without consent of the municipality.-Town of Newcastle v. Lake Erie & W. R. Co. (Ind. Sup.) 516 3. Construction, equipment. maintenance, and Where a railroad was required to "maintain and keep in repair" the approaches to a viaduct, it was bound to maintain and keep in repair the paving and roadway thereon.-McFarlane v. City of Chicago (II.) 12. A railway company which has conveyed to an adjacent landowner a right of way of a certain width, and in addition the right to pass to his land at any angle whatever with its roadbed, but not more than 10 feet outside of such right of way, cannot by the erection of gates restrict his passage to a less width.-Hamlin v. New York, N. H. & H. R. Co. (Mass.) 1006. A railway company by its conveyance of a crossing over its right of way held precluded from obstructing it by gates, bars, or fences. Hamlin v. New York, N. H. & H. R. Co. (Mass.) 1006. § 4. Sales, leases, traffic contracts, and consolidation. Burns' Rev. St. 1894, §§ 5209-5215, do not authorize a railroad company to surrender the control and use of all its property and franchises to a rival company operating parallel line of road, in order to destroy competition.Eel River R. Co. v. State (Ind. Sup.) 388. A railroad has no right to lease and surrender all its corporate property and franchises to another company in order to destroy competition.-Eel River R. Co. v. State (Ind. Sup.) 388. § 5. Operation. Under Hurd's Rev. St. 1897, c. 114, §§ 62, 65, 66, held no defense, to a railroad company for an injury caused by a defective crossing, that it had received no notice to repair same.-Baltimore & O. S. W. Ry. Co. v. Keck (Ill.) 197. In an action against a railroad company for injuries received at a defective crossing, held not error to refuse to instruct that, if the plaintiff saw the train approaching, he should have waited to cross the track till it passed.-Baltimore & O. S. W. Ry. Co. v. Keck (III.) 197. tiff's property, causing damage, without fault Where damages were claimed for negligence in permitting fire to escape from a right of way, evidence of other fires along such right time thereof, held erroneously admitted.-Lake of way, and the condition of the grass at the Erie & W. R. Co. v. Miller (Ind. App.) 596. Evidence held to show contributory negligence on plaintiff's part in going on defendant's tracks in an attempt to load a tricycle into an express car for transportation.-Martyn v. New York & B. Despatch Exp. Co. (Mass.) 671; Same v. New York, N. H. & H. R. Co., Id.; Knapp v. New York & B. Despatch Exp. Co., Id.; Same v. New York, N. H. & H. R. Co., Id. RAPE. for. § 1. Offenses and responsibility there One who, by lascivious conduct towards a female under the age of consent, attempts to induce her to submit to sexual intercourse with intent to commit rape.-Hanes v. State (Ind. him, is guilty of an assault and battery with Sup.) 704. Evidence held sufficient to warrant a verdict of guilty of an assault and battery with intent to commit rape.-Hanes v. State (Ind. Sup.) 704. Any touching of the person of a female under the age of consent (14 years) with intent to have sexual intercourse, is, though with her consent, an assault and battery with intent to commit a rape.-Hanes v. State (Ind. Sup.) 704. § 2. Prosecution and punishment. Sexual intercourse with a female under age of consent will warrant conviction of assault v. State (Ind. Sup.) 704. and battery with intent to commit rape.-Hanes An instruction in a prosecution for assault as authorizing the jury to infer particular inwith intent to commit rape held not erroneous, tent from particular facts.-Hanes v. State (Ind. Sup.) 704. Evidence held sufficient to authorize an instruction that, if the jury believe defendant had sexual intercourse with prosecutrix, they were authorized to find him guilty of an assault and battery with intent to rape.-Hanes v. State (Ind. Sup.) 704. Statements by the prosecuting witness, made nine months after the alleged unlawful intercourse, as to the reasons why she consented to the intercourse and kept silence concerning it, held inadmissible in corroboration of her testimony.-People v. Flaherty (N. Y.) 73. It is error to permit state to prove several separate acts of intercourse, without designating on which one it intends to rely for a conviction.-People v. Flaherty (N. Y.) 73. Evidence held not admissible on redirect, as being a part of a conversation developed on direct, examination.-People v. Flaherty (N. Y.) 73. REAL ACTIONS. See "Ejectment." release, and whether he intended to release his right of action in consideration of defendant furnishing him a physician, and, if they did not so find, the release should be disregarded, was proper.-Pioneer Cooperage Co. v. Romanowicz (Ill.) 864. Where neither plaintiff nor a friend who was with him when a release was executed could read English, and its contents were misrepre sented to them, the effect of such a release is a question for the jury.-Pioneer Cooperage Co. v. Romanowicz (Ill.) 864. RELEVANCY. Of evidence in civil actions, see "Evidence." § 3. in criminal prosecutions, see "Criminal Law," § 4. REMAND. Of cause on appeal or writ of error, see "Appeal and Error," § 26. RENEWAL. Of lease, see "Landlord and Tenant," § 3. RENT. 1. Nature, grounds, and order of ref- See "Landlord and Tenant," § 5. erence. Order of reference entered by the clerk in his minutes held to be in writing, within Code Civ. Proc. § 767, and sufficient to give juris REPEAL. diction to referee.-Gerity v. Seeger & Guernsey Of statute, see "Statutes," § 2. Co. (N. Y.) 290. § 2. Referees and proceedings. Failure of plaintiff to produce order of reference before referee before trial is not reversible error.-Gerity v. Seeger & Guernsey Co. (N. Y.) 290. REPLEVIN. 8 1. Right of action and defenses. Under Burns' Rev. St. 1894. $$ 937, 15971614, a party claiming property which has been It is not reversible error for referee to pro- replevin the same, provided such action was inseized by attachment may bring an action to ceed with trial without certified copy of reference, over defendant's objection.-Gerity v. See-stituted before he received written notice of the seizure.-Patterson v. Snow (Ind. App.) 286. ger & Guernsey Co. (N. Y.) 290. § 3. Report and findings. Under St. 1889, c. 311, § 1, the report of an auditor who has been appointed to examine a REPORT. guardian's account is prima facie evidence of On reference, see "Reference," § 3. the facts found by him.-Willwerth v. Willwerth (Mass.) 340. REFORMATION OF INSTRUMENTS. See "Cancellation of Instruments." REGISTRATION. See "Trade-Marks and Trade-Names," § 1. REHEARING. See "New Trial." RELEASE. See "Mortgages," § 4. § 1. Requisites and validity. REQUESTS. For instructions to jury in civil actions, see "Trial," § 5. RESCISSION. Cancellation of written instrument, see "Cancellation of Instruments." Of contract for sale of goods, see "Sales," § 2. RESERVATIONS. For grantor in fraudulent conveyance, see "Fraudulent Conveyances," § 1. RES GESTÆ. An instruction that, if a release discharging In criminal prosecutions, see "Criminal Law," tiff under the belief that he was only making 2. Pleading, evidence, and province of An instruction that it was for the jury to RES JUDICATA. RESTRICTIONS. In deeds, see "Deeds," § 2. determine whether the plaintiff understood a In wills, see "Wills," § 4. defendant resumed possession and sold the sub- A vendee of an ice machine was entitled to Where a person acquired an interest in prop- A vendor having warranted an ice machine See "Appeal and Error"; "Certiorari"; "Crim- to produce certain results, which on a test it RIGHT OF WAY. See "Easements." RIPARIAN RIGHTS. See "Waters and Water Courses," § 1. RISKS. Assumed by employé, see "Master and Servant," Within insurance policy, see "Insurance," § 7. See "Highways." ROADS. failed to do, agreed that, if vendees would pay The payment by a vendee of the purchase A contract of sale, reserving the legal title On the question whether a sale of a car of Streets in cities. see "Municipal Corporations," fied lumber, as compared with his order, held SALES. See "Vendor and Purchaser." Of intoxicating liquors, see "Intoxicating Liq- Of property of decedent under order of court, On foreclosure of mortgage, see "Mortgages," § 1. Requisites and validity of con- Evidence reviewed, and held to support a Filing a mechanic's lien held not to consti- Filing proof of a claim for goods sold against 3. Remedies of seller. A vendor, who retains the legal title until A complaint to recover money paid on a con- immaterial.-Silsby v. Boston & A. R. Co. See "Release." SATISFACTION. SAVINGS BANKS. See "Banks and Banking," § 3. SCHOOLS AND SCHOOL DISTRICTS. Board of education created by special act may School Law, § 285, where they contracted and from duty of establishing a free school because A school board held not to have exceeded its Under Act March 6, 1899, a school city can- Under Burns' Rev. St. 1894, §§ 5920a-5920c, court; and, where erroneous, his order for the change is void.-Carnahan v. State (Ind. Sup.) 717. Under Burns' Rev. St. 1894, §§ 5920a-5920c, county superintendent's order changing school site against protest of majority of patrons held void. Carnahan v. State (Ind. Sup.) 717. Where enough petitioners for a change of a school site, under Burns' Rev. St. 1894, §§ 5920a5920c, afterwards sign a protest, SO as to change a favorable majority into an opposition one before the county superintendent orders the change, his order is void.-Carnahan v. State (Ind. Sup.) 717. Under Acts 1865, p. 3, the school city of Indianapolis is to be considered distinct from the civil city in determining whether the debt limit fixed by Const. art. 13, § 1. has been reached.Campbell v. City of Indianapolis (Ind. Sup.) 920. Constable is entitled to retain from proceeds of execution sale reasonable sums necessarily expended by him in good faith in storing and caring for and protecting property levied on, in addition to fees, but not for hire of auctioneer and clerk to sell, since law pays him for so doing.-State v. Hitchens (Ind. App.) 935. § 2. Liabilities on official bonds. A sheriff held not liable on his bond for taking photograph of accused person in his custody, and for ascertaining his height, weight, name, etc.-State v. Clausmier (Ind. Sup.) 541. Sheriff held not liable on his bond for sending photograph of accused to various persons and police departments, such acts not being official. State v. Clausmier (Ind. Sup.) 541. SLANDER. Acts 1899, p. 434, held to cure defects in the See "Libel and Slander." issuance of school-district bonds under Rev. St. 1881, § 4457.-Campbell v. City of Indianapolis (Ind. Sup.) 920. SOCIETIES. The election of a superintendent of schools See "Associations." by a joint school committee may be rescinded at a subsequent meeting.-Reed v. Barton (Mass.) 961. SPECIAL LAWS. Under St. 1898, c. 466, held that, where local See "Statutes," § 1. school committees, numerically unequal, met together to elect a superintendent of schools, they could arrange for equal representation on the ballot, though its secrecy was necessarily impaired.-Reed v. Barton (Mass.) 961. SEARCHES AND SEIZURES. Under Cr. Code, div. 8. c. 38, § 3, where a search warrant failed to direct the bringing in of the person in whose possession the property was found, the proceeding was void.-White v. Wagar (II.) 26. SECONDARY EVIDENCE. In civil actions, see "Evidence," § 4. SPECIFIC PERFORMANCE. 1. Nature and grounds of remedy in general. The inability to grant an injunction in submitted controversies, imposed by Code Civ. Proc. § 1281, does not affect the right to grant specific performance.-Associate Alumni of the General Theological Seminary of the Protestant Episcopal Church v. General Theological Seminary (N. Y.) 626. § 2. Contracts enforceable. Title of vendor, procured under foreclosure of mortgage at instance of holder of defective title to devest title of heirs, held of such doubtful validity as not to support specific performance.-Martin v. Hamlin (Mass.) 381. 3. Proceedings and relief. Vendor, claiming forfeiture of contract to convey, must show that he gave notice to vendee, suing to enforce contract, of his intention to declare a forfeiture, where his right to do so without notice was suspended. — Eaton v. Schneider (Ill.) 421. SPIRITUOUS LIQUORS. See "Intoxicating Liquors." STATEMENT. By witness inconsistent with testimony, see STATES. Attorney general, see "Attorney General." Limitation against state, see "Limitation of Ac- Defects or obstructions, see "Municipal Corpora- Mandamus to state officer, see "Mandamus," § 1. tions," § 12. Pension to family of deceased state officer, see "Pensions." § 1. Fiscal management, public debt, and securities. There is no provision of law by which app-opriation for the Ohio Centennial can be made available for the purpose designated.-State v. Guilbert (Ohio) 1083. STATUTES. Acts 1899, p. 434, held not special legislation, § 2. Repeal, suspension, expiration, and Act June 15, 1883, §§ 1, 2, giving county statute of frauds, see "Frauds, Statute of." Act July 1, 1898, violates Const. art. 4, § 22, Act 1874, reversing the Criminal Code, and Laws 1887, p. 150, enacted June 14, 1887, Act July 1, 1898, held in violation of Const. Act July 1, 1898, could not be held not in Laws 1887, p. 159, is not in contravention of Acts 1899, p. 434, held not rendered special Rev. St. 1881. § 4457, held to be special legis- A general act providing for taxation of farms effect must be given to the later one.-State v. § 3. Construction and operation. Acts 1889, p. 430, § 2, validating children's ceedings by a street-railroad company to ac- |