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In general.

Damages for destruction of truck used by
one as a common carrier. 4-1344.

Passenger carriers.
As to jitney busses, see JITNEY BUSSES.

Duty and liability of carrier of passen-
gers for hire by automobile. 4-1499
(cases pp. 1480, 1487).

Failure of one transporting passengers
by automobile to stop and let them
alight directly opposite residence.

-injury to passenger.
Proximate cause of injury, see PROX-

Negligence as question for jury, see TRIAL.

Injury to passenger because of lateral
space left between station platform
and cars. 4-286 (case p. 283).
Contributory negligence of passenger
falling into space left between sta-
tion platform and cars. 4-297.

Joining common carrier and private in-
dividual in action for injuries to car-
rier's passenger. 4-1480.
By misconduct of other passengers. 4-283.
Injury by pushing and jostling of crowd.

Failure to warn passenger of danger
plainly visible. 4-283.
Failure to guard against violence of pas-
sengers in attempting to enter car.

Contributory negligence in leaving moving
vehicle as proximate cause of injury.

Carriers of freight.

Specific performance of contract by rail-
road company to build or maintain
sidetracks, extension, or branch line.
4-529 (case p. 522).

- loss of or injury to goods.
Liability of connecting carrier, see infra.
Notice of, see infra.

Duty and liability of carrier as gratui-
tous bailee. 4-1223.

- delivery.

Duty to notify consignor when consigneo,

or person to be notified, refuses to
accept goods. 4-1285 (case p.

Knowledge of bank to which draft with
bill of lading attached is sent, that
bill of lading has not been taken up
by persons to be notified, as charg-
ing consignor with notice of fact of
nondelivery. 4-1275.

Duty to use ordinary care for protection
of property which it is impossible to
deliver. 4-1275.
Burden of proving facts which will re-
lieve carrier from duty of notifying
shipper of inability to deliver ship-
ment. 4-1275.

Time for notice to shipper of failure of
consignee to take goods. 4-1275.
Effect of Carmack Amendment on liabil-
ity for failure of connecting carrier
to notify consignor of consignee's
failure to take goods. 4-1275.
Effect on liability of carrier for failure to

notify shipper of refusal of goods by
consignee, of the fact that connecting
carrier did not know address of con-
signor. 4-1275.

-notice of loss or injury.
Sufficiency of notice under rule of car-
rier requiring notice within specified
time. 4-1275.

connecting carriers.
Liability of carrier under Carmack
Amendment. 4-1275.
Effect on liability of carrier for failure

to notify shipper of refusal of goods
by consignee, of the fact that con-
necting carrier did not know address
of consignor. 4-1275.
Effect of Carmack Amendment on liabil-
ity for failure of connecting carrier
to notify consignor of consignee's
failure to take goods. 4-1275.
Governmental control; rates.

Federal control of railroad companies.
4-1680 (cases pp. 1635, 1659,

Binding effect on carrier under Federal
control of judgment rendered against
director general of railroads. 4-1635.
Binding effect on government of judgment
against railroad under its control.

Liability of carrier for alleged negligence
during period of Federal control as
question for courts and not for direc-
tor general of railroads. 4-1635.
Suits by or against carriers during period
of Federal control. 4-1635, 1659.
Garnishment in state court of railroad
under Federal control. 4-1669.
Authority of director general under Rail
Control Act to appear and defend
suits brought against carriers. 4-1635.


Federal control of rates of carriers un-
der war legislation. 4-1704.

Power of municipality to fix rates so as to
prevent their increase by public serv-
ice commission. 4-956.

Injunction against increase of rates by
public service commission. 4-956.

Heavy italic type is used for annotations; roman type for cases.

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In general.

Right of grantor who, for the purpose of
Duties and liabilities of bank as to, see

placing his property beyond the

reach of creditors, executed a deed
When limitation begins to run against

which was surreptitiously taken by
action on, see LIMITATION OF ACTION.

the grantee, to removal of the cloud

created by such deed. 4–21.,
Purpose of checks. 4-876.

Right of one securing deed to real estate
Check as payment. 4–1229.

through fraud to quiet his title
Finding for plaintiff in action against against subsequent grantee from the

drawer as necessarily including find- common grantor. 4-9.
ing on which defendant's liability de- Effect on jurisdiction of court in condem-
pends. 4-1229.

nation proceeding of fact that peti-
Charging creditor receiving check with tioner acquires an adverse title so

voucher attached with knowledge of that the action becomes one merely
entire contents of check. 4-471.

to quiet title. 4-619.
The dash in each citation stands for A.L.R.

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To jurisdiction of court, see COURTS.
Heavy italic type is used for annotations; roman type for cases.

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CONSTRUCTIVE EVICTION. Effect of delivery and acceptance of prop-

erty sold to take the contract out of

the Statute of Frauds. 4-897.
What constitutes delivery which will take

contract out of Statute of Frauds.


Effect of part performance on right to

specific performance of oral contract.
Of will, see WILLS.

Construction; entirety.

Construction of insurance contract, see

Continuance of prosecution for homicide.

To secure testimony. 4-347.

Divisibility of contract for the sale of

outfit, plant, machinery.
4-1442 (case p. 1434).



Validity; public policy.

Formal requisites, see supra, 9–13.

Champertous contracts, see CHAMPERTY

Independent contractors, see MASTER AND Contract executed under duress, see

Between guardian and ward, see GUARD-


Contracts of married women, see Hus-


Contracts of insane persons, see INCOM-
Contract of accord and satisfaction, see PETENT PERSONS.

Antenuptial contract, see HUSBAND AND - remedies; proceeds of unlawful con-

Liability of partners on, see PARTNERSHIP.
Specific performance of, see SPECIFIC PER- Maxim, He who comes into equity must

come with clean hands," as basis of

refusal of relief. 470.

Right of one not admitted to practice
General rule as to sufficiency of. 4-522.

or unlicensed to recover compensa-
Consideration for agreement to exhaust tion for legal services. 41087

collateral before looking to indorser (case p. 1086).
of note. 4-751.

Right of one who has given note in pay-

ment of corporate stock in violation

of Constitution to recover interest
Lack of mutuality in contract as basts paid upon the note to the corporation.

for application of maxim, He who 4-1320.
comes into equity must come with
clean hands." 4-77.

Performance; broach.

Failure to perform "contract as justify-
Formal roquisites; Statute of Frauds.

ing application of marim, "He who
Modification by parol, see infra.

comes into equity must come with
As to parol trust, see TRUSTS.

clean hands." 473.

Application of maxim, He who comes
Surrender of a written lease by parol.

into equity must come with clean
4-666 (case p. 663).

hands," to one inducing breach of
When goods remaining in custody. of

contract. 4-78,
seller or some third person deemed

Liability of one promising to do some
to have been received by buyer,

act without compensation for failure
within exception to Statute

to perform promise. 4-1196.
Frauds. 4-902 (case p. 897).

Action for damages against signing

spouse for breach of contract to con.
Agreement which may be performed with- vey homestead signed by one spouse
in year. 4-522.

only. 4-1272 (case p. 1266).
Sufficiency of written memorandum of
agreement employing broker to sell

- time for performance.
real estate executed after the sery-
ices are rendered. 4-1561.

Time for performance of contract for
What constitutes acceptance of goods pur- sale or exchange of land where time

chased which will take contract out fixed by contract has been uaired.
of Statute of Frauds, 4-897.

4-815 (case p. 811).
Heavy italic type is used for annotations; roman type for cases.


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