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Of insured, see INSURANCE.


Tax title, see TAX TITLE.

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


Duty to guard against danger to trespa88ing

children by electric wires. 17-833 (cases pp. 795, 803, 807, 813, 823, 829).

Complaint against master and servant

for latter's negligence as misjoinder
of actions of trespass and

Questions of law and fact.
Question whether bequest was the result

of fraud. 17-239.
Question whether illness of one eating

canned beans was caused by them.

17-649. Responsibility of innkeeper for acts of

police officers taken by him to the

room of a guest. 17-134. Question whether insured aiding peace

officer in pursuit of criminals in

curred needless risk. 17-188. Voluntariness of confession where evi.

dence conflicting. 17-1276.



Definition of. 17-823.
Possibility that child of tender years may

be. 17-823.

- negligence generally,
Directing verdict, see infra.
General rule as to, in action for wrong-

ful death. 17–795.
Negligence in case of collision between

automobile and pedestrian. 17-68. Negligence in failing to attempt to notify

the sender of a telegram of inability

to deliver it. 17–103. Negligence in stringing insufficiently in

sulated electric wires. 17–795. Question whether a latticed pillar in a

highway is so attractive to children as to suggest possibility of accident to one placing a defectively insulated

wire near the top thereof. 17-829. Proper care by bank of Liberty bonds

received for safe-keeping. 17-1205.


Discretion as to conduct of, see APPEAL

Matters peculiar to criminal cases, see

Matters as to jury, see JURY.
New trial, see New TRIAL.

Elections between counts.
Duty of one seeking damages from food

manufacturer for injuries, to elect
between implied warranty and neg-
lect as ground for recovery. 17–649.

contributory negligence. Directing verdict, see infra. General rule as to, in action for wrongful

death. 17–795. Of pedestrian struck by automobile.


Reception of evidence.
Right of court to withhold confession

from jury on conflicting evidence as
to voluntariness. 17-1276.

Rules of decision on appeal from verdict

based on, see APPEAL AND ERROR.

- order of proof.
Power of trial judge to vary. 17-1098.

Statements and argument of counsel.
Prejudicial error in, see APPEAL AND


Directing verdict.
Prejudicial error as to, see APPEAL AND


Argument of counsel as to recommenda- Power and duty of court to direct or adtion of mercy in criminal case.

vise acquittal in criminal case for in17-1120 (cases p. 1108).

sufficiency of evidence. 17-910

(case p. 902).
Remarks of court.
Prejudicial error as to, see APPEAL AND

Direction of verdict proper, only where

reasonable minds could draw one inStatement by court as to failure to see ference from evidence. 17–1263.

materiality of question asked, as com- Where facts are admitted and all reasonment. 17-1098.

able minds agree. 17–795. Inferences by jury. Right of jury to infer wilfulness from Demurrer to evidence.

proof that a man abandons his wife In action to forfeit automobile alleged to without providing adequate support have been used in transporting infor her. 17-986.

toxicating liquors. 17-557. Italic type indicates points with annotation; roman type, points without.

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- on what matters necessary or proper.

Prejudicial error in refusing, see APPEAL

Right to protection against simulation of Duty of court to instruct as to right of

physical appearance of truck. jury to make recommendation to

17-786. mercy. 17-1123, 1144, 1158 (case p. 1098).

TRUSTS. Limiting to issues or proof. 17–134.

As to suspension of alienation, see. PERcomment of judge.

PETUITIES. Statement by court as to failure to see

materiality of question asked, as com- Validity and effect of provisions in will ment. 17-1098.

to control voting power of corporate

stock. 17-238 (case p. 218). correctness of instructions general

Duty of life tenant or life beneficiary to ly.

pay taxes. 17-1384 (case p. 1377). Necessity for exception, see APPEAL AND

Errors waived or cured below, see AP-

Right of holder of majority stock in cor

poration to provide by his will for the PEAL AND ERROR.

election, through a trust of, certain Prejudicial error in instructions, see APPEAL AND ERROR.

persons as directors for a period of

time. 17-218. Right of party to complain of an instruc- Uncertainty and indefiniteness of trust. tion in his favor. 17-68.

17–218. New trial because of conflicting instruc

tions. 17-986. correctness of instructions in crimi. nal cases.

UNCERTAINTY AND INDEFINITEForm and sufficiency of instructions to

NESS. jury as to power to recommend to mercy. 17-1125, 1145 (cases pp. Of contract generally, see CONTRACTS. 1090, 1108).

Uncertainty as affecting validity of byInstruction lacking scientific form, but

law of mutual benefit association fully covering matter. 17–1098.

preventing recovery upon presumpInstruction that it is duty of jury to de- tion of death from seven years' abtermine whether or not they shall

sence. 17-430.
make a recommendation to mercy,

Of trust. 17–218.
The dash in each citation stands for A.L.R.
17 A.L.R.-98.

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Payment of or offer to pay principal and Right of vendee who enters under parol

legal interest as condition of relief in contract, to recover for improvements equity against usurious contract. where vendor refuses to

convey. 17-123 (case p. 119).

17-949 (case p. 945). Italic type indicates points with annotation; roman type, points without.

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Rates for.
Meaning of word "similar" in statute as

to water rates.: 17-97.


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

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