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For whose acts carrier is liable. Liability for injury to passengers by acts of strangers. 55-473.

Loss of or injury to property.

Duty to protect produce from freezing. 55-900.

Heating freight car, duty and liability of
carrier with respect to. 55-905
(case p. 900).

Transportation of live stock.
Fixing minimum limit for transporting
live stock as within police power, see
CONSTITUTIONAL LAW.

Reasonable exercise of power to limit
transportation of live stock, see CoN-
STITUTIONAL LAW.

Statute fixing minimum rate of speed at which carrier may transport special kinds of freight, constitutionality of. 55-1296 (case p. 1285).

Sufficiency of proof of single instance to establish feasibility of making shipments in that same time. 55-1285.

Governmental control of carriers. Public regulation of towage rates. 55963 (case p. 954).

Regulation of rates of transportation company for towage of logs. 55-954.

Validity of devise or bequest for purchase or care of burial lot or monument as affected by objection that amount is excessive, see CHARITIES.

CHARITIES.

Treatment of indigent sick or injured as charity, see PUBLIC MONEYS.

Care of burial lot.

Devotion of surplus arising from bequest for upkeep of burial lot to whatever I will add to the attractiveness of lot. 55-1301.

Validity of devise or bequest for purchase or care of burial lot or monument as affected by objection that amount is excessive. 55–1303 (case p. 1301).

CHATTEL MORTGAGE.

Right of purchaser of animals from mortgagor to set off against mortgagee expense of feeding and marketing animals, see SET-OFF AND COUNTER

CLAIM.

Validity of chattel mortgage by individual partner upon his interest, see PART

NERSHIP.

Trust in proceeds of mortgaged chattels.

Impressing trust upon proceeds of mortgaged chattels sold by mortgagor. 55-644.

Right of chattel mortgagee.
Remedy of mortgagee of chattels sold by
mortgagor. 55-644.

Right of chattel mortgagee to defer fore-
closure where mortgaged property
has been sold by mortgagor. 55–644.

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CEMETERIES.

Enjoining establishment of cemetery as threatened nuisance, see NUISANCES.

Regulation of carriers.

Compelling railroad to finance relocation of highway crossing as violating Transportation Act. 55–654.

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Constitutional construction.

Construing Constitution with reference to pre-existence of police power.

654.

Delegation of powers.

55

Authority of city over water supply lake

not within its limits.

55-1175.

Delegation by legislature to municipality of power to enact penal ordinances affecting territory outside municipal limits. 55-1175.

Extension of police power of municipal corporation beyond territorial limits. 55-1182 (case p. 1175).

Impairing vested rights.
Limiting right of action to enforce stock-
holders' liability to receiver as in-
fringement of vested rights. 55-
1059.

Ordinance regulating excavations and
providing for protection of adjoin-
ing land and buildings as impairing
vested rights or as within police
power. 55-461.

Protection of adjoining property in making excavations, validity of statute or ordinance relating to. 55-464 (case p. 461).

Vested rights of beneficiary under war risk insurance certificate. 55-570. Statutory impairment of obligation of contract.

Limiting right of action to enforce stockholders' liability to receiver as change of remedy within legislative power. 55-1059.

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- barbers.
Colored barbers, validity of ordinance
discriminating against. 55-230.

Due process of law.
Making payment for water or light a
charge upon the property or against
the present owner or occupant, ir-
respective of the person who enjoyed
the service. 55-789 (case p. 781).

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- interference with rights or use of property. Constitutional power to compel railroad

company to relocate or reconstruct highway crossing or to pay or contribute to expense thereof. 55-660 (case p. 654).

Garages, validity of public regulations as to. 55-372 (case p. 370). -regulation of common carriers. Fixing minimum limit for transporting live stock as within police power. 55-1285.

Power to limit time for transportation of live stock must be reasonably exercised. 55-1285.

Statute fixing minimum rate of speed at which carrier may transport special kinds of freight, constitutionality of. 55-1296 (case p. 1285).

-regulation of railroads generally. Constitutional power to compel railroad

company to relocate or reconstruct highway crossing or to pay or contribute to expense thereof. 55–660 (case p. 654).

- restrictions on business or occupations. Constitutionality of statute regulating land surveyors or civil engineers. 55-307 (case p. 303).

Extent of police power in restricting the ordinary occupations of life. 55303.

Right of city to adopt health regulations, see MUNICIPAL CORPORATIONS.

Statute or ordinance fixing closing hours for certain kinds of business, validity of. 55-242 (case p. 230). Statutory restriction on moving or aiding in moving of tenant or laborer, constitutionality and effect of. 55311 (case p. 309).

Right of petition.

Right to file petition affecting judicial decision. 55-1355.

What petitions protected by constitutional right of petition. 55-1355.

CONSTRUCTION.

Of alleged slanderous words on demurrer, see PLEADING.

Of contract of sale, see SALE.

Of slanderous words. 55-171.

CONSUMER.

Definition of, see WORDS AND PHRASES.

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- relinquishment of right. Consideration for surrender of rights under building contract. 55-1319. Waiver of right to terminate contract as sufficient consideration for its modification. 55-682.

Construction of provision for compensation.

Attorney's right to fee under contract of payment on settlement of action. 55-423. Construction of contract providing for attorney's fee when action is settled. 55-423.

What amounts to settlement of action within contractual provision in relation to compensation of attorney. 55-428 (case p. 423).

- additional compensation. Contract by municipality for additional compensation under enabling act. 55-1319.

Validity of contract.

Agreement not to contest will as affected by public policy. 55-806.

Contract to refrain from contesting will, validity of. 55-811 (case p. 806). Excuse for failure to perform. Liability of tenant in common for breach of contract to convey common property. 55-1153.

Rights of purchaser of land under contract with owner of undivided interest therein, contemplating joinder of all other owners, where one owner refuses to join. 55-1156 (case p. 1153).

· prevention by other party. Hindrance by other party as excuse for failure to perform contract. 55-261. Liability of municipal corporation for increased cost of public contract by reason of its participation in war measures. 55-1319.

Sufficiency of performance. Sufficiency of performance of contract to dig well. 55-1558.

Breach of, contract.

Demurrability of complaint for breach of contract to sell land, see PLEADING. Interest of beneficiary to maintain action against employer failing to pay premiums as agreed. 55-1231.

Right to recover special damages for breach of contract, see DAMAGES.

Modification by parol.
Modification by parol of executory con-

tract under seal by adding new terms.
55-697.

Modification of contract by parol. 55682.

Modification of sealed contract by parol, rule in equity, 55–696.

Modification of sealed instrument by subsequent parol agreement. 55685 (case p. 682).

Waiver by parol of covenant in contract under seal. 55-697.

Waiver by parol of provision in sealed instrument. 55-700 (case p. 697).

-building or construction contract. Modification of building or construction contract by parol. 55-688.

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Determination of net profits or surplus available for dividends. 55-23. Discretion of directors of corporation as to declaring or paying dividends. 55-44.

Discrimination between stockholders in declaring dividends. 55-65.

Dividends, right or duty of corporation to pay; and liability for wrongful payment. 55-8 (case p. 1).

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Enforcement of stockholder's liability. Continuation of business at loss by credi

tors' committee as affecting double liability of shareholders. 55-321. Effect on stockholders' liability of unlawful increase in stock. 55-321. Excess of assets over charter limit of indebtedness as affecting shareholders' liability. 55-321.

Liability of stockholder as affected by irregularity in stock issue. 55–321.

Foreign corporation: doing business within state. Foreign corporation, construction work by, as doing business within the state. 55-726 (case p. 717). What constitutes doing business by foreign corporation within state. 55717.

When license necessary to enable foreign corporation to do business. 55–717.

COSTS.

In injunction suit.

Against defeated party in injunction suit. 55-908.

Attorneys' fees.

Allowance of attorneys' fees in action to declare deed a mortgage, and for accounting. 55-1014.

Italic type indicates points with annotation; roman type points without.

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