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Instruct to find for it if plaintiff was a trespasser, so as to authorize a recovery if it was guilty of willful negligence, where it claimed that plaintiff was a trespasser because he was on a private way, and an instruction to find for it if he was on a private way unless it was willfully negligent was given at its request; the latter instruction being substantially the same as the modified instruction.-CHICAGO, B. & Q. R. Co. v. MUROWSKI, Ill., 58 N. E. Rep. 572.

105. RAILROAD COMPANY-Killing Stock-Negligence. -In the trial of a suit against a railroad company for the negligent killing of stock by the running of a train, evidence tending to establish that the stock were at large through no fault of the plaintiff was admissible. -LOUISVILLE & W. R. Co. v. HALL, Ga., 32 S. E. Rep.

860.

106. RES JUDICATA.-While it is a well-established rule of law that a judgment rendered against one sued as an individual is not conclusive of any right he may have in a representative capacity, such as executor, administrator or guardian, yet where, in the defense to an action brought against one as an individual, he files an answer which practically, though not in express terms, makes him, in his character as administrator of a deceased person, a defendant to the action, and defends in the right of his intestate's estate, the estate is concluded by the judgment rendered in that action.-BRASWELL V. HICKS, Ga., 32 S. E. Rep. 861.

107. RES JUDICATA-Sales-Rescission.- A judgment that plaintiff did, in fact, make a valid and enforceable contract at law, is no bar to a suit in equity to relieve him from its effect on the ground of mistake.-SCOTT V. HALL, N. J., 43 Atl. Rep. 50.

108. REWARDS-Rights of Sheriff.-A sheriff, whose fees are fixed by law, and whose duty it is to arrest a guilty person within his jurisdiction, cannot recover a reward offered therefor, though he made extra exer. tions, and incurred expenses not covered by the legal fees he was authorized to charge.-HOGAN V. STOPHLET, Ill., 53 N. E. Rep. 604.

109. SALES-Fraud-Rescission.-A seller, two days after shipping goods on the positive assurance of the buyer as to his solvency, received a report that the buyer was generally believed to be heavily in debt and to owe more than he had stated; but, still relying on his statement, the seller permitted the goods to be delivered. Held, that failure to stop the goods in transit, or to retake them from the buyer, was not a waiver of the right to rescind, and to retake them from the buy. er's assignee.-MCDONALD V. GOODKIND, Mont., 56 Pac. Rep. 967.

110. SALE-Possession.-A sale is sufficient if it places the property at the disposal of the vendee, and gives him, not only the title, but the constructive possession of the property, with power to reduce it to actual possession at his own pleasure.-MASTERS V. TELLER, Okla., 56 Pac. Rep. 1067.

111. TAXATION-Situs.-While a non-resident owner of credits may give them a situs in this State for the purposes of taxation here, it is held on the facts, as certified up in this case, that the objector in these proceed. ings, a foreign corporation, having resident agents for certain purposes only, had not done so, and that its notes due from residents, secured by mortgages on real estate situated in this State, were not taxable in the taxing district in which such local agents resided. -IN RE DELINQUENT TAXES 1897. STATE V. SCOTTISHAMERICAN MORTG. Co. OF EDINBURGH, SCOTLAND, Minn., 78 N. W. Rep. 962.

112. TELEGRAPHS-Delay in Delivering Night Mes. sage. A telegraph company authorizing railroad op. erators to receive messages in the night, and the charges therefor, is liable for mental anguish caused by a failure to deliver a message so received during the night, though it customarily does not deliver such messages until after the arrival of its own agents in the morning.-DOWDY V. WEST. UNION TEL. Co., N. Car., 32 S. E. Rep. 802.

113. TRIAL-Instructions.-A party has a right to have instructions correctly stating the law submitted to the jury, where there is evidence tending to prove the acts stated in them.-REDFERN V. MCNAUL, Ill., 53 N. E. Вер. 569.

114. TRUSTS-Parol Trusts-Evidence.-Code, § 4230, making vold all parol trusts in land, precludes a grantor in a deed from proving by parol that the deed was executed to enable the grantee to manage the land for the grantor's benefit, and not to devest him of his interest in the land.-HORNE V. HIGGINS, Miss., 25 South. Rep. 489.

115. TRUST-Resulting Trusts.-If a corporation loans money to one of its officers to be used in paying for land previously purchased by him, and for the erection of buildings thereon for the use of the corporation in its business, no resulting trust in the land is created in favor of the corporation.-PAIN V. FARSON, Ill., 53 N. E. Rep. 579.

116. TRUST DEED-Construction Beneficiaries. - A conveyance by deed of land to one as trustee for "his wife and the children, issue of their marriage," included as beneficiaries of the trust only the wife and such of her children of the marriage with the trustee as were in life at the time of the execution and delivery of the deed. When the youngest of such beneficiaries reached the age of majority, the trust became executed, and the legal title to the property vested in them.-HOLLIS V. LAWTON, Ga., 32 S. E. Rep. 846.

117. VENDOR AND PURCHASER-Cloud on Title.-A vendor of land and warrantor of its title may maintain an action to prevent a cloud on the title of his vendee in possession, since his obligation to protect the title is a sufficient interest in the subject-matter to warrant the aid of a court of equity.-JONES V. NIXON, Tenn., 50 S. W. Rep. 740.

118. VENDOR AND PURCHASER-Fraud-Rescission.A vendee who, after discovery of the false and fraudulent character of the representations of his vendor, which induced him to purchase land, leases it to an other for a term of years, and puts his lessee in possession, and does nothing to notify his vendor of his intention to rescind the purchase until nearly a year after the discovery of the fraud, ratifies the contract, and cannot rescind.-PRECIOUS BLOOD Soc. v. ELSYTHE, Tenn., 50 S. W. Rep. 759.

119. WILLS-Annuities-Interest on Corpus.-Where a testator directs his trustee to deposit a fund in bank, and to pay a portion thereof annually to legatees for life, such legatees are not entitled to the interest accruing from a loan of the fund, but it must be added to the corpus.-IN RE TURNER, Tenn., 50 S. W. Rep. 757.

120. WILLS-Life Estates.-A testator, not a lawyer, who had a wife, five daughters, four sons, and several grandchildren, devised all of his estate to his wife "during her natural life," except small bequests, and, after her death, left property to his sons and grandchildren, gave four of his daughters certain lands and a negro each, without qualification or limitation, and to his daughter 8 "and her heirs" gave certain land and a negro, but provided that the property devised to her should be subject to the trust, care and control of one of his sons "for her use," and that, should she die without children, the property should be divided among his other daughters, and, if any should be dead, her share should go to her children, and, should any of the other daughters die without children, her portion should go in the same way provided in the devise to S. Held, that S took a life estate only.-CROSS V. HOCK, Mo., 50 S. W. Rep. 786.

121. WITNESS-Deed - Delivery. As against com plainant, claiming an interest in property as an heir of decedent, defendants, claiming under a deed from decedent a greater interest than given by the statute of descent, are incompetent to testify to matters occurring before the death of deceased.-LEAVITT V. LEAVITT, I., 58 N. E. Rep. 551.

TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEAD-
ING ARTICLES, ANNOTATED CASES, LEGAL NEWS,
CORRESPONDENCE AND BOOK REVIEWS
IN VOLUME 48.

A separate subject-index for the "Digest of Current Opinions" will be found on page 515, following this Index-Digest.

ACCIDENT INSURANCE,

what constitutes an accident, 248.

ACTION,

for conspiracy by a laundrymen's association, having for its object to compel plaintiff to increase the price of laundry work, 329.

ADVANCEMENTS,

satisfaction by, 455.

ADVERSE POSSESSION,

where a tenant has continued in adverse posses. sion of land for over twenty years, the fact that during his occupancy there was a sale and conveyance of the premises for taxes, does not constitute an interruption of his possession, 171. ANIMALS,

construction of act giving authority to members of humane society to kill diseased or disabled animals, 68.

liability for negligence causing injury by a dog, 111. liability of owner of horse for injuries occasioned to a pedestrian, 208.

APPEALS AND APPELLATE PROCEDURE, appeals in habeas corpus cases, 128.

the illegality of contract, though not pleaded or relied on as a defense at the trial court, will prevent its enforcement when suggested on appeal, 249.

ARKANSAS,

construction of the anti-trust law of Arkansas, affecting insurance companies, 487.

ASSIGNMENT,

a subsequent assignee of book accounts and bills receivable, who gives notice of the assignment to the debtors, has a title superior to that of the first assignee, who has failed to give such notice, especially where the first assignee left the accounts and choses in action in the hands of the assignee, as his agent, for collection, and the second assignee took actual possession thereof without notice of the first assignment, 389.

ASSIGNMENT FOR BENEFIT OF CREDITORS,
a preferential mortgage executed simultaneously
with a general assignment is not a part of it, 328.
operation of voluntary or common law assignment
upon property situated in other States, 428.
ASSOCIATIONS,

validity of by-law of board of trade, providing for
the investigation of charges against members,
with reference to their expulsion, 68.
the voluntary acceptance of by-laws by members
of an association providing for the imposition of
coercive fines for the violation of the association's
rules, does not remove the fact of their coercive-
ness, 334.

ATTACHMENT,

of property in safety deposit boxes, 207. ATTORNEY AND CLIENT,

injunction against bogus attorneys, 420.

validity of purchase by attorney of client's property at judicial sale, 28.

BAILMENT,

infant as bailee, 419.

BALL ROOM,

the law of the, 167.

BANKRUPTCY LAW,

a question of bankruptcy law, 39.

date of the taking effect of the new bankruptcy law, 67.

priority of debts under the, 88.

wages due to workmen under the, 88.
examination of bankrupt-notice, 420.

BANKS AND BANKING. See, also, NATIONAL BANK.
a bank is presumed to know the signatures of its
depositors, and if a bank pay to an innocent
holder for value the amount of a check purport-
ing to be drawn upon it by one of its depositors,
but the signature to which was in fact forged, the
bank cannot recover back the amount from such
holder, and if such holder on demand repay the
amount to the bank, that does not entitle him to
recover the amount from the prior innocent
holder for value who had indorsed the check, 291.
BIGAMY,

defendant's honest belief that he had been granted
a divorce before his second marriage, is no de
fense to a prosecution for bigamy, 296.
recent decisions on indictment for and evidence of
bigamy, 297.

honest belief in the death of a former husband or wife as a defense to a prosecution for bigamy, 367. BILLS AND NOTES,

purchaser for value before maturity and in due course of trade of negotiable paper indorsed by the payee in blank from one who has stolen it, acquires a title good even against the owner, 68. where stolen negotiable paper was transferred to an insane holder as collateral security, courts will not, for the purpose of defeating his title, presume that the loan secured by it was usurious, even where the lender testified that he did not remember the rate of interest, 68.

a demand upon the receiver of a bank which issues a certificate of deposit, is insufficient to charge an indorser, as the receiver is not an agent of the bank nor authorized to pay the certificate, 69.

a note to become due at the maker's death, is not invalid on account of the uncertainty of time of payment, 190.

the fact that a note is payable on the death of the maker, does not constitute it a testamentary paper that must be executed according to the statute of wills, 190.

estoppel of surety from claiming forgery of his signature as surety on a note, 268.

a bank is presumed to know the signatures of its depositors, and if a bank pay to an innocent holder for value the amount of a check purporting to be drawn upon it by one of its depositors, but the signature to which was in fact forged, the bank cannot recover back the amount from such holder, and if such holder on demand repay the amount to the bank, that does not entitle him to recover the amount from the prior innocent holder for value, who had indorsed the check, 291. effect on surety's liability of extension of time in consideration of the payment of interest in advance, 292.

the status of the law governing the liability of irregular indorsers, 311.

an understanding at the time plaintiff gave defend.

BILLS AND NOTES-Continued.

ant bank a note, that it would renew it until business should improve, contradicts the promise in the note to pay on maturity, 888. where an innocent purchaser of two notes for the same amount, executed by the maker while he was owing the payee only the amount of one of them, collected one of them of a person who had assumed the maker's debts, and then sued him on the other, but failed to recover, it was held that the judgment was not res adjudicata, preclud ing the purchaser from maintaining a suit on such other note against the maker, 449. one having executed two notes for the same amount while he was owing the payee only the amount of one of them, being sued on one of the notes by an innocent purchaser of both, after the purchaser had collected the amount of one, cannot, under a plea of payment, show that the purchaser had received all that he had advanced for the notes, 449. BOARD OF TRADE. See AssoCIATION. BOOKS RECEIVED, 39, 60, 80, 119, 199, 219, 279, 339, 359, 380, 479, 497.

BOYCOTT,

legality and legal status of the boycott, 47.

injunction against publication of boycotting circular, 116.

conspiracy to compel a man to pay his debts, 119. action for conspiracy in the nature of, 329. liability of members of an association to plaintiffs for actual damages caused to their business in attempting to maintain a boycott within the association, 334.

recent cases on the subject of combinations and conspiracies in the nature of boycott, 337.

BROKERS,

where a broker who has an express agreement with his principal to sell goods of the latter on commission, contracts in his own name with third persons for the purchase of goods to be furnished by the principal, who approves the orders but afterwards refuses to send the goods, he cannot recover for such loss from the principal, 249. BROWNE, IRVING,

death of, 147.

BUILDING AND LOAN ASSOCIATIONS,

a member of a, who borrows money from the association, and bids a premium for the privilege of obtaining the loan, and executes his bond for the amount of the loan and premium, and gives a mortgage to secure the payment of such bond, and also assigns to such association his shares of stock as collateral security, is not entitled, on foreclosure of such mortgage by the receiver of such association, to apply the amounts he has paid as dues upon his stock, in reduction of his indebtedness, 153.

recent cases on the rights and liabilities of borrowers from insolvent building and loan associa tions, 155.

set-off by stockholders of a claim due from, against a debt due to the association, 219. receiverships of building and loan associations, 369. BUILDING CONTRACT. See CONTRACT. CARRIERS OF GOODS,

liability of, for injury to goods occasioned by im-
proper or lack of ventilation, 288.
discrimination in rates by public service corpora-
tions at common law, 467.

a special contract providing that the carrier shall
not be liable for the loss by fire of the goods
shipped, limits the carrier's liability to damages
caused by its negligence, and in an action against
a carrier on a contract containing such exemp.
tion, the burden is on the shipper to show negli-
gence, 468.

CARRIERS OF PASSENGERS,

validity of "anti-scalpers" ticket law of New York, 27.

CARRIERS OF PASSENGERS-Continued.

a carrier of passengers is liable in that capacity for injuries to a passenger resulting from an as sault by one of its employees although he was not acting within the scope of his employment,

75. recent decisions on the liability of carriers of pas sengers for injuries caused by unauthorized acts of employer, 77.

passenger on a freight train, who voluntarily and unnecessarily rides in a freight car, containing a horse and household goods, which he is shipping over the line of road, instead of riding in the ca boose, provided for the accommodation of passen. sengers, and who is injured by the negligent handling of the car, will be deemed guilty of contributory negligence, and the permission of the train men to ride in the freight car will constitute no excuse for his act, 349.

CEMETERY,

as a nuisance, 308. CHATTEL MORTGAGE,

what are fixtures, within the terms of a, 131.
druggists' prescriptions not included within a
chattel mortgage given on a stock of drugs, medi-
cines, etc., 409.

CHECK. See BANKS AND BANKING.
CITIZEN,

privileges and immunities of State citizenship, 431.
who are citizens, within the meaning of this
clause, 432.

what are privileges and immunities within the meaning of this clause, 433.

statute of limitations, 434.

attachment based on non-residence, 434.

right to maintain actions, 434.
fishing rights, 434.

exercise of electoral franchise, 434.

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CONSTITUTIONAL LAW-Continued.

validity of act prohibiting the performance of all labor or business excepting works of necessity or charity, on Sunday, 57.

validity of act requiring the closing of barber shops on Sunday, 57.

constitutionality of Sunday barbering acts, 58. reading the Bible in public schools, as violative of

the constitution, 67.

validity of Ohio "lynch law" statute, 87.

constitutionality and effect of the "indeterminate sentence law" of Massachusetts, 167.

power of the State to enact anti-usury legislation, 187.

validity of statute declaring the measure of damages in case of loss by fire, 228.

constitutionality of State legislation requiring rail. road companies to stop their through trains at certain stations on their through line of route, 287.

city ordinance making it unlawful to cover any package of fruit with any colored netting or other material having a tendency to conceal the true color or quality of any such goods which may be offered for sale, is void as unreasonable and oppressive, 288.

constitutionality of State statute making cities liable for property destroyed by mobs, 368. so much of the federal statute as provides that the judgment of conviction against the principal in the crime of embezzlement or larceny of property of the United States, shall be evidence in the prosecution against a receiver thereof, that the property was embezzied or stolen, is in violation of the constitution declaring that an accused shall be confronted with the witnesses against him, 408.

the imposition of a different but not a greater pun. ishment for a crime, does not make a statute ex post facto as applicable to a crime previously committed, 410.

privileges and immunities of State citizenship, 431. proper and improper regulations of railroad corporations, by State legislation, 447.

CONTEMPT,

liability of a corporation for criminal contempt, 148.

of court, by newspaper publication, 187. punishment of contempt of court by a corporation, 187.

punishment for, in the violation of injunction by strikers, 427.

CONTRACT,

promise by an adult to pay the rent of premises occupied by him while an infant, is binding, 2. performance of a contract to paint a portrait, wherein the painter agrees to perform to the sat isfaction of the promisee, 69.

interference of third parties in contracts of others, 112.

the general doctrine, 113.

rule applies to all contracts, 113.

restricting the rules of servants, 113.

when the period of employment is uncertain, 113.

doing an act which is legal in itself, 114. fraudulent representations, 115.

to sustain an action the discharge must take place, 115.

trades unions, 115.

injunction against publication of boycotting circular, 116.

for public work, invalidity of stipulation that none but union labor shall be employed, 128. injunction will lie at the instance of a taxpayer, to prevent the execution or a contract for public improvements, which is invalid, 128. interpretation of the contract by a surety, 148. for distribution of property by means of lottery, 149.

CONTRACT-Continued.

where a corporation ratifies a contract made by its president, without authority, it is bound by any declarations he may have made during the negotiations determining the meaning of an ambiguity, 228.

the doctrine of ultra vires, as affecting the rights and obligations of a corporation, under contract to which it is a party, when the contract has been executed by one party but is executory as to the other, 231.

specific performance of parol contract for the conveyance of land, 248.

the illegality of contract, though not pleaded or relied on as a defense at the trial court, will prevent its enforcement when suggested on appeal,

249.

the contract is illegal where before confirmation of a judicial sale one instead of putting an upset bid purchases of the debtor his rights giving him an advance on his bid, 249.

remedies on sickness or disability of contracting party, 250.

recovery on quantum meruit, 251.

recovery on express contract sometimes allowed, 251.

general right of recovery by sick or disabled party upheld, 251.

result and qualification of these conclusions, 252.

basis for the current doctrine on this subject, 252.

may there be a recoupment or counterclaim of damages, 253.

can there be recovery for more than value of labor actually performed, 253.

evidence that at the time an actress made a written agreement with the proprietor of certain theatrical companies to render services at any theaters, it was agreed that the word "services" meant services in a particular part in a certain play, contradicts the instrument, and is inadmissible,

289.

by a written contract of employment of an actress, providing that she shall "conform to and abide by all the rules and regulations" adopted by the employer for the government of his theatrical companies, she adopts the rules, though she does not know what they are, 289.

parol evidence to vary a written contract, 330. an understanding, at the time plaintiff gave defendant bank a note, that it would renew it until busi. ness should improve, contradicts the rromise in the note to pay on maturity, 388. building contract providing for withholding a certain amount each day after the time within which the contract is to be completed, is properly construed to provide for liquidated damages rather than a penalty, 411.

discrimination in rates by public service corpora. tions at common law, 467.

CONVERSION,

of pledge, 459.

CORPORATIONS,

statutory liability of stockholders in a foreign State, 87.

where the net income derived from the business of a corporation, during the receivership, is diverted from the payment of the operating expenses and applied to the permanent improvement of the corporate property, and the receiver is discharged and the property turned over to the corporation, it is liable for torts occurring during the receivership to the extent of the net income so applied,

116.

may be liable for a criminal contempt of court, though the crime involves a specific intent as a necessary element, 148.

engaged in the publication of a newspaper publish

CORPORATIONS-Continued.

ing an article concerning a pending trial, in the place where the trial is had, calculated to preju. dice the jury, is guilty of criminal contempt, 148. summary proceedings against, for criminal contempt, 148.

liable for punitive damages, 167.

liability of stockholders in foreign jurisdictions,

192.

where a corporation ratifies a contract made by its president without authority, it is bound by any declarations he may have made during the nego. tiation determining the meaning of an ambiguity, 228.

the doctrine of ultra vires, as affecting the rights and obligations of a corporation, under contract to which it is a party, when the contract has been executed by one party but is executory as to the other, 231.

fraudulent organization of corporation by an insolvent person, 267.

a decision of a foreign State that an insolvent corporation of that State cannot execute a preferential mortgage to secure an antecedent debt, is not binding on the courts of another State as to a mortgage of such a corporation, no statute being construed, 328.

tramp corporations, 391.

liability of a corporation recovering its property from a receiver for the latter's torts, 412. discrimination in rates by public service corporations at common law, 467.

under the Tennessee act, declaring that when a foreign corporation does business in the State process may be served on any of its agents found in the county where suit is brought, "no matter what character of agent such person may be," held that it was immaterial whether the quoted clause violates the provisions of the fourteenth amendment, relating to due process of law, where the agent on whom process was served in the case was sufficiently represented to give the court jurisdiction over the corporation, 488. contract of insurance on property in one State with a foreign insurance company, irrespective of where made, is an attempt to do business in that State, so as to be forbidden by statutes, unless certain conditions are complied with, 493.

a contract of insurance with a foreign corporation, though valid in the foreign State where made, cannot be enforced in another State, where the insured property is located, in an action for as. sessments on premium notes given by the insured, where the company has never complied with any of the conditions prescribed by the stat ute, as essential to the making of a lawful contract, 493.

recent decisions on what constitutes the doing of business in the State, within statutes regulating foreign corporations, 495.

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CRIMINAL LAW-Continued.

sentence law" of Massachusetts, 167. interpretation of federal statute giving power to juries to qualify verdicts as to capital punish. ment, 207.

injunction to prevent the prosecution of a criminal action, 227.

an indictment from which there has been entirely omitted the words prescribed by statute in the form "contrary to the laws of said State, the good order, peace and dignity thereof," is defective,

275.

formal requisites of indictments and informations, 277. defendant's honest belief that he had been granted a divorce before his second marriage, is no defense to a prosecution for bigamy, 296.

recent decisions on indictment for and evidence of bigamy, 297.

the law of interstate extradition, 349. honest belief in the death of a former husband or wife as a defense to a prosecution for bigamy, 367. where defendant, a married man, pretended, under a fictitious name, to an unmarried woman that he was single, and by this means, together with his promise to marry her, obtained money from her, he was not a false token, and hence was not guilty of obtaining money by false pretenses by means of a false token, 390.

defenses in statutory crimes, 399.

so much of the federal statute as provides that the judgment of conviction against the principal in the crime of embezzlement or larceny of property of the United States, shall be evidence in the prosecution against a receiver thereof, that the property was embezzled or stolen, is in violation of the constitution declaring that an accused shall be confronted with the witnesses against him, 408.

life imprisonment is not a greater punishment than the death penalty, so as to make a statute chang ing the punishment for murder from death to life imprisonment, at the option of the jury, ex post facto, as applicable to previous crimes, 410. the imposition of a different but not a greater punishment for a crime, does not make a statute e post facto, as applicable to a crime previously committed, 410.

the crime of disinterment of body for dissection, 411. misconduct of district attorney in the language used in argument on a criminal trial, 414. recent cases on misconduct of counsel in appeals to sympathy or prejudice in criminal trial, 419. acquittal on trial for the malicious destruction of personal property of another, under a State stat ute, is no bar to a prosecution for the illegal disinterment of a human body, or the remains thereof, under another section of the same statute, though the former prosecution related to the casket in which it was inclosed, 436.

recent important cases on what is "the same offense" within the law as to former jeopardy, 438.

where one, pending appeal from a judgment of conviction, accepts the governor's pardon, he is not entitled to review that part of the judgment assessing a fine and costs against him, the ac ceptance of a pardon being an admission that he was rightly convicted, 449.

DAMAGES,

for personal injuries occasioned by fright, 1. expenses of litigation, as damages, 167. liability of the principal for punitive damages arising out of the tort of its agent, 167. mental as well as physical suffering may be proved as an element of actual damage directly resulting from assault on the floor of a public ball room, 167.

private corporations as well as individuals may be

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