ACCOMPLICES. See Criminal Law, 2.
ACTS OF CONGRESS. See Table at front of volume; Stat- utes.
ADEQUATE REMEDY AT LAW. See Equity, 10, 12, 14-16.
1. Abandonment of voyage to avoid seizure as prize justified where war rightly anticipated and voyage abandoned before actual declaration. The K onprinzessin Cecilie..
2. In such case no cause of action arises from failure to de- liver freight, although, semble, risk did not fall within excер- tion of "arrest and restraint of princes, rulers or people" in bills of lading. Id.
3. Where contract not made in expectation that war may intervene before delivery, peril of capture affords implied exception to carrier's undertaking, contract being silent on subject. Id.
4. Carrier's liability cannot depend upon nice calculation that delivery might have been made and capture avoided if voyage had gone on. Id.
5. Question whether Ohio Workmen's Compensation Act, as applied to interstate steamship company, conflicts with federal maritime jurisdiction, not considered because not presented to lower courts. Valley S. S. Co. v. Wattawa.... 202
6. Where injury occurs in interstate maritime transporta- tion, fact that vessel is owned and operated by interstate railroad no basis for application of Federal Employers' Liability Act. Southern Pacific Co. v. Jensen.
8. Under Art. III, § 2, and Art. I, § 8, of Constitution, Con- gress has paramount power to fix and determine maritime law which shall prevail throughout country. Id.
9. In absence of controlling statutes, general maritime law as accepted by federal courts constitutes part of national law applicable to matters within admiralty and maritime jurisdiction. Id.
10. Power of States to affect general maritime law, existing to some extent under Constitution and Judiciary Act of 1789, may not contravene essential purposes of act of Con- gress, work material prejudice to characteristic features of general maritime law or interfere with its proper harmony and uniformity in international and interstate relations. Id. 11. Rights and liabilities arising from injury to stevedore while unloading ship at wharf in navigable waters, within maritime jurisdiction. Id.
See also Clyde S. S. Co. v. Walker.. 255
12. New York Workmen's Compensation Act, as applied to such case, conflicts with Constitution; remedies provided by it unknown to common law and hence not among common- law remedies saved to suitors from the exclusive admiralty jurisdiction by Judiciary Act of 1789, § 9. Id.
13. The act also inconsistent with policy of Congress to en- courage investments in ships, manifested by Acts of 1851 and 1884, which declare limitation upon liability of owners. Id. 14. Appearance in answer to citation issued upon libel in personam does not empower court to introduce new claims of new claimants without service on defendant. Ex parte In- diana Transp. Co.....
15. Exception to amended libel upon ground that it is con- trary to law in joining new libellants with separate causes of action and because defendant cannot be called on to answer as to additional libellants, not general appearance as to them, and sufficiently sets up want of service. Id.
16. Pleading to merits after objection to jurisdiction over- ruled, no waiver. Id.
ADMISSIONS. See Equity, 22; Taxation, 7.
By applicant for patent conceding priority, etc., of another's invention. Ewing v. Fowler Car Co...
Ratification. See Public Lands, 11.
ALIENATION, RESTRAINT ON. See Indians, 5, 7.
1. Amendment of General Order in Bankruptcy No. XXXII 641 2. Right to challenge jurisdiction over person of defendant not waived when court, sua sponte, directs plaintiff to amend complaint to disclose citizenship more fully before hearing on jurisdictional question. Meisukas v. Greenough Coal Co... 54
3. Where offer was made at trial to amend answer by setting up claim of federal right and was rejected by state courts, under state practice, as coming too late, this court will not review where there was no purpose to evade claim of federal right. Nevada-California-Oregon Ry. v. Burrus
4. Appearance in answer to libel in personam does not em- power court, without service on defendant, to permit new claims of new claimants, each claim alleging separate cause of action, to be introduced by amendment. Ex parte In- diana Transp.Co......
5. If declaration alleges that injuries to decedent caused him to "suffer intense pain," amendment at trial adding that he endured "conscious pain and suffering" does not introduce new cause of action. Washington Ry. & Elec. Co. v. Scala.
1. Established principles governing right of stockholder to sue on behalf of corporation when it refuses, and confining him to equity forum, apply when alleged injury to corpora- tion arises under Sherman Act. United Copper Co. v. Amal- gamated Copper Co......
2. Private party cannot maintain suit for injunction under § 4 of Sherman Act. Paine Lumber Co. v. Neal
3. Enjoining labor unions. See Equity, 21.
APPEAL AND ERROR. See Jurisdiction; Procedure, 1, 2.
APPEARANCE. See Jurisdiction, I.
1. Extension of power of Corporation Commission to regula- tion of water systems belonging to individuals, as provided in the Public Service Corporation Act of Arizona, is per- mitted by state constitution, Art. XV. Van Dyke v.Geary.. 39
2. Art. IV, pt. 2, § 13, of Arizona Constitution, requiring that acts of legislature shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in title, is sufficiently complied with by Public Service Corporation Act, although act applies to individuals as well as corporations, while its title refers to corporations and makes no mention of individuals. Id.
ASSESSMENT. See Taxation.
ASSIGNMENT. See Contracts, 4.
ASSUMPTION OF RISK. See Employers' Liability Act; Instructions to Jury; Workmen's Compensation Laws. BANKRUPTCY:
Amendment of General Order in Bankruptcy No. XXXII, as to mode of opposing discharge or composition.......
BANKS. See National Banks.
BILL OF LADING. See Interstate Commerce Acts, II. BONDS. See Mortgage.
Securing construction contracts with United States. See Sureties.
Injunction bonds. See Equity, 3-5.
Merger of guaranties of corporate bonds in judgment recov- ered by trustee for bondholders; and proceedings for en- forcing judgment as lien against guarantor's property, fore- closed and sold under another mortgage. See Hamer v. New York Rys. Co..
BOUNDARIES. See Public Lands, 3-6.
Power of State to impose duty upon owners of irrigation canals to construct bridges over them. Farmers Irrig. Dist. v. O'Shea ...
Estimating value of railroad corporation's capital stock for purposes of taxation. See Taxation.
Under the franchise tax provisions of Kentucky (Ky. Stats., §§ 4077-9) relating to railroad and other corporations exer- cising special or exclusive franchises, what is termed the "capital stock of the corporation" includes its entire prop- erty, tangible and intangible. Greene v. Louis. & Interurban R. R....
See also Louis. & Nash. R. R. v. Greene.
Illinois Cent. R. R. v. Greene.
CARMACK AMENDMENT. See Interstate Commerce
CARRIERS. See Employers' Liability Act; Franchise; Hours of Service Act; Railroads; Safety Appliance Act; Street Railroads; Workmen's Compensation Laws. Measure of damages in contracts for transportation. See Damages, 1-3.
Contracts of shipment; construction and effect; duty to read before signing; relation to filed rates, etc. See Interstate Commerce Acts, II.
Status of caretakers of livestock traveling on drovers' passes, and construction and effect of contracts with carrier. See Interstate Commerce Acts, II.
Federal regulation. See Interstate Commerce Acts. State regulation of water rates. See Water Rates.
State Regulation of Rates and Service:
1. The "blow post" law of Georgia, which requires railroads to check speed of trains before public road crossings, held unconstitutional as applied to the case. Seaboard Air Line v. Blackwell.
2. Arkansas freight and passenger rates held confiscatory. Rowland v. St. Louis & S. F. R. R........
3. While case involving validity of rates was pending in trial court, railroad, for purpose of allocating its expenses to intrastate and interstate freight and passenger traffic, caused minute and specific reports to be made by its em- ployees of all facts that would throw light upon the problem. Held not objectionable as hearsay; and that the 2 months of
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