INDEX.

ABATEMENT OF ACTION.

telegraph companies, 2440.

see Limitation and Abatement of Action, 1366-1375.
ABUTTING OWNERS.

duty respecting repair of sidewalk, 1856, 1883.

see Streets, Injuries Received on, 2227, 2232.

ACT OF GOD, 199, 231, 235.

see Municipality, 1856, 1929; Streets, Injuries Received on 2226, 2233.
ADMINISTRATORS, 1048.

death from negligence, 961, 966.

ADMISSIONS, 1161.

AGENCY, 1-96. (See Master and Servant.)

When principal is liable for negligence of his agent, 1-15.

general rule respecting, 1.

injuring passerby on sidewalk and elsewhere, 2, 3.
shoveling snow from roof, 2.

see Streets, Injuries Received on, 2226.

servant employing a third person, 2, 4, 1395.
servant assisted by third person, 3.

volunteers to help a servant, 2, 4.

see Master and Servant.

master of canal boat, 2.

deviation from instructions, 5, 15.

reckless, negligent and wrongful acts of servants, 5, 15.

receipts in bills of lading and shipping contracts signed by servants, 7.

see Common Carriers, 272.

testing boilers on street, 6.

using vehicle for other than master's business, 4.

negligent and reckless use of a master's vehicle, 2, 6, 8.

injury to servant of third person, 3.

see Master and Servant.

direction or mistake of train agents, 6.

see Common Carriers, 557.

bills of lading for undelivered goods for carriage,

see Estoppel, 1080; Common Carrier of Goods, 275.
express and station agents, agreements of, 8, 328.

express and station agents' misdelivery of goods by, 8, 328.

see Common Carrier of Goods, 307.

injury to third person by material appropriated by servant, 8.

servants allowing persons to unlawfully ride on cars, 11, 377, 417; see
19-22.

see Directions, Mistakes, and Statements of Agents of Carriers, 557.

AGENCY (Continued).

When principal is liable for negligence of his agent, 1-15.
son killing crows at father's request, 5.

throwing boxes from store to another's truck, 8.
store clerk acted as driver of delivery wagon, 8.
servant deviated from route, 8, 9, 10, 11, 12, 13.
clerk borrowed a hand cart to remove goods, 9.
benzine thrown from window contrary to instructions, 9.
arrest for supposed non-payment of dinner check, 9, 10, 11.
explosion of gas caused by violation of instructions, 10.
foreman directing movements of others' servants, 11.
customer accused of theft, 12.

poison sold for harmless drug, 12.

foreman of lumber camp burning brush, 12.

brakeman of freight train ejected passenger, 13.

manager of farm penned trespassing hogs, 14.

mill employé coupled cars, 14.

cashier gave information respecting deposits, 15.

When principal is not liable for negligence of agent, 15-27.
general rule respecting, 1.

negligent or reckless use of master's vehicle, 2.
servant acting under direction of others, 2.

fire works, 15.

explosion of boiler, 2.

using vehicle for other than master's business, 15.

injury by driver of hired vehicle, 16, 1399.

servants allowing persons to unlawfully ride on cars, 11, 19, 22, 377.
reckless, negligent and wrongful acts of servants, 19-22.

injury to third persons by materials appropriated by or given to ser-
vant, 20.

persons acting on advice of servant, 19.

see Common Carrier of Passengers, 446, 483, 489, 516, 557.
climbing over train at crossing, 765.

false imprisonment, 19, 23, 30.

throwing articles from cars, 20.

one servant violently compelling another servant to work, 20.

servant purchasing supplies, off duty, not liable, 4.

elevator operated at request of contractor, 15, 17, 20, 21.

assault committed in collection of debt, 17.

stones thrown at boys by watchman, 17.

railroad detective searched one arrested by another, 17, 18.

passenger taken on freight elevator, 18.

horses driven in violation of instructions, 19.

injury in quarrel after ejection from depot, 19.

motorman threw stones to frighten boys, 19.

station agent ran hand car, 19.

arrest made by doorkeeper of church, 19.

by toll gatherer at turnpike, 20.

danger incurred by servant at request of stranger, 20, 21.

customer shot in an altercation over change, 31.

foreman loaned hand cart to boys, 22.

AGENCY (Continued).

Willful and malicious acts of agents, 22-23.

general rule respecting, 22.

ratification by master of wrongful act, 22.

ratification by officer of corporation, 23.

willful collision of boats by captain, 6-8, 23, 6, 5-15.
false imprisonment by direction of servant, 23, 30.
person in charge of cars, 23-26.

see Private Premises.

injury to trespasser on cars by act of servant, 23-26.
see Private Premises, 2137-2170.

boys stealing rides, or wrongfully on cars, 23-33.
cutting electric wires from house tops, 26.

motive of servant is immaterial, 26.

conversion by servant, 26-30.

newsboy injured alighting from car, 27.

malicious prosecution, 30.

larceny, 32.

noises maliciously made by servants, 28, 32, 2343-2370.

see Crossings (Railways), 793.

libel, 30, 32.

assault, 29, 30, 31, 518.

person shot by servant, 29, 31.

willful acts of engineers, 28, 29, 31.

ordering infant or other person to dangerous employment, 28.

see Coercion.

trespass on lands, 29.

procuring property by false representation, 28.

as to Common Carrier of Passengers, see, 518.

boy under age compelled by trainer to ride horse, 27.
property destroyed by one employed to repair, 27.
boy shot by watchman, 27.

trespasser forced from car in motion, 27, 28, 29.
horses frightened after discovery of danger, 28, 30.
station agent put benzine on trespasser's clothes, 29.
servant adulterated milk, 29.

janitor jerked ladder from under workman, 29.

car driver struck at boys annoying him, 31.
conductor shot one suspected of burglary, 31.

stranger uncoupled cars under threat of engineer, 32.
motorman assaulted driver, 32.

Banks and agents for collection, 33-43

general rule respecting, 33.

banks, 33-36.

notary publics, 34.

larceny by cashier of deposits, 35, see 22-33.

damages for failure to collect, 35, 36.

failure to present draft or check or duly protest, 33-43.

failure of salesman of cheese factory to collect check, 37.
collecting agencies, 42.

see Professional Persons-Lawyers.

AGENCY (Continued).

Banks and agents for collection, 33-43.

collecting banks accepting draft instead of cash, 37, 38, 41.
failure to properly protest, 38.

raised check, 38.

sending draft to drawee bank for collection, 38, 39, 40, 42.
time within which to present for collection, 39, 41, 42.
crediting collection to long account, 40, 41.

following instructions as to delivery of paper, 40.
forged checks, 40.

notice to officer continues though he leaves, 41.

collecting bank settling its own claims first, 41.

collecting bank agent of forwarding bank, 43.

Executors and testamentary trustees, 43-68.

general rule respecting, 43.

investing funds, 44-48.

waste by co-executor, 62-68.

deposit of money and securities by executors, 56-62.

executor, when liable only for willful default or misconduct, 45.
collection of debts, 48-52.

negligence in enforcing and opposing claims, 52.

see Trustees, Directors, Financial Agents, etc., 68-76.

investments in violation of statute, 45.

discretion in holding testator's securities, 45.

foreclosure for interest instead of interest and principal, 45.

deposit in bank pending investment, 45.

limit of time for selling, 46.

limit of time for investing, 46.

acquiescence by cestui que trust, 46.

discretion in continuing investment, 46, 47.

duty to invest though not instructed, 46.

what rate of interest chargeable, 46.

class of investment permissible, 46, 47.

bona fides is no excuse for irregular investment, 46.
investments out of jurisdiction, 48.

reconversion of proceeds of sale, 48.

allowing another to control trust funds, 48.

duty to invest pending settlement of estate, 48.

neglect to collect good accounts, 49.

failure to collect rents, 49.

effect of relying on attorney's advice, 49, 50, 52.

liable for rents received though non-collectable, 49.

recovering gifts causa mortis, 49.

offsetting claims, 50.

neglect to collect claims or enforce security, 50, 51.

useless liquidation in collection of claims, 50.

collection in other states, 50.

discretion in pushing claims, 51.

advancement for support of minors, 52.

payment of barred claims, 53.

advancement for mourning for widow, 53.

AGENCY (Continued).

Executors and testamentary trustees, 43-68.

mistaken distribution of trust fund, 53.

selection of securities to sell for payment of debts, 53.
execution paid in full from insolvent estate, 53.

selling land on time, 53.

delay in settlement of estate, 53.

depositing funds pending settlement by administrator, 53.

failure to take refunding bond, 43.

administrator appointed in different states, 54.

employment of partner as attorney, 54.

unnecessary appeal, 55, 56.

what legal services permissible, 55, 56.

justifiable expense in preservation of estate, 55.
liability for attorney's acts, 56.

advances for support of beneficiary, 56.

receipts amounting to releases, 57.

effect of depositing instead of investing, funds, 57

compromising suits, 57.

extension of mortgage, 57.

continuance of testator's business, 58, 59.

care required in making deposit, 58.

liability for deferred sale of stock, 58.

continuing deposit instead of making distribution, 58.

using estate for profit, 58.

mingling the trust funds, 58.

liability for acts of attorney, 58.

care required by executor de son tort, 59.

deposit pending distribution, 59.

failure to extend "Vacancy Permit " in insurance, 59.

when private sale of stock is proper, 59.

interest chargeable on deposit made to individual account, 60.

unnecessary though not unadvantageous, 60.

failure to keep accounts, 60.

liability for attorney's accounts, 60.

failure to plead statute of limitations, 61.

forced sale to secure funds, 61.

when private sale proper, 61.

discretion in holding investments, 61, 62.

diligence to be used in selecting depositary, 62.

exercise of a discretion granted, 62.

liability where executor knows of co-executor's wrong, 66.

where he does not know, 66.

removal of co-executor from jurisdiction, 66.

negligence in permitting waste by co-executor, 67.

where no part of the estate goes into his hands, 67.

Trustees, directors, financial agents, assignees, etc., 68-76.

general rule respecting, 68.

trustees of banks, 68.

improper expenditure, 68.
assignees, 69.