CARRIERS.

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.
4-1487.

-injury to passenger.

Proximate cause of injury, see PROX-
IMATE CAUSE.

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.
4-283.

Failure to warn passenger of danger
plainly visible. 4-283.

Failure to guard against violence of pas-
sengers in attempting to enter car.
4-283.

Contributory negligence in leaving moving
vehicle as proximate cause of injury.
4-1487.

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 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,
1669).

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.
4-1635.
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.

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

In general.

CHECKS.

Duties and liabilities of bank as to, see
BANKS.

When limitation begins to run against

action on, see LIMITATION OF ACTION.
Purpose of checks. 4-876.
Check as payment. 4-1229.
Finding for plaintiff in action against

drawer as necessarily including find-
ing on which defendant's liability de-
pends. 4-1229.
Charging creditor receiving check with
voucher attached with knowledge of
entire contents of check.

4-471.

CLOUD ON TITLE.

Right of grantor who, for the purpose of
placing his property beyond the
reach of creditors, executed a deed
which was surreptitiously taken by
the grantee, to removal of the cloud
created by such deed. 4-21..

Right of one securing deed to real estate
through fraud to quiet his title
against subsequent grantee from the
common grantor. 4-9.

Effect on jurisdiction of court in condem-
nation proceeding of fact that peti-
tioner acquires an adverse title so
that the action becomes one merely
to quiet title. 4-619.

The dash in each citation stands for A.L.R.

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

The dash in each citation stands for A.L.R.

Lack of mutuality in contract as basis
for application of maxim, "He who
comes into equity must come with
clean hands." 4-77.

Formal requisites; Statute of Frauds.
Modification by parol, see infra.
As to parol trust, see TRUsts.

Surrender of a written lease by parol.
4-666 (case p. 663).

When goods remaining in custody of
seller or some third person deemed
to have been received by buyer,
within exception to Statute
Frauds. 4-902 (case p. 897).

of

Agreement which may be performed with-
in year. 4-522.

Sufficiency of written memorandum of
agreement employing broker to sell
real estate executed after the serv-
ices are rendered. 4-1561.
What constitutes acceptance of goods pur-
chased which will take contract out
of Statute of Frauds, 4-897.

Performance; breach.

Failure to perform contract as justify
ing application of maxim, "He who
comes into equity must come with

clean hands." 4-73.
Application of maxim, "He who comes

into equity must come with clean
hands," to one inducing breach of
contract. 4-78.

Liability of one promising to do some
act without compensation for failure
to perform promise. 4-1196.
Action for damages against signing
spouse for breach of contract to con
vey homestead signed by one spouse
only. 4-1272 (case p. 1266).
-time for performance.
Time for performance of contract for
sale or exchange of land where time
fixed by contract has been waived.
4-815 (case p. 811).

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