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| I. RIGHT OF ACTION AND DEFENSES, See Appeal and Error, 88 768, 770.

§ 23 (Tex.Civ.App.) In an action to cancel a deed on the ground of defendant's fraudulent

representations as to the indebtedness on the BROKERS.

stock of goods given in exchange, held that, IV. COMPENSATION AND LIEN.

as it was impossible to place the parties in

statu quo, judgment was properly rendered for 8 45 (Ark.) Where an applicant for a loan defendant.-Paschal v. Hudson, 169 S. W. 911. wrote the agent that he had procured the loan elsewhere, to which the agent replied that that to cancel a deed on the ground of fraud, cannot

§ 25 (Tex.Civ.App.) Defendant, in an action was satisfactory provided the applicant made plead plain titf's fraud to defeat a recovery.another loan through him in the future, but Paschal v. Hudson, 169 S. W. 911. later the agent's company refused to make the later loan, the agent could not recover commis II. PROCEEDINGS AND RELIEF. sion, for the former loan.-Stogsdill v. Holmes, 169 S. W. 961.

8 59 (Tex.Civ.App.) Where defendant, in an $ 49 (Ky.) A broker employed to sell defend has paid out money by reason of plaintiff's fraud

action to cancel a deed on the ground of fraud, ant's farm "of 160 acres" for $8,800 was not he may plead that fact and have it adjudicated entitled to recover commissions on procuring a

in case a rescission is decreed.-Paschal v. Hudbuyer who would pay $55 per acre; there be

son, 169 S. W. 911. ing, in fact, but 139 acres in the farm.-Gore v. Griffith Realty Co., 169 S. W. 685.

CARNAL KNOWLEDGE. $ 54 (Ky.) A real estate broker cannot recover commissions unless he furnishes a purchaser See Rape; Seduction, 88 34, 49. who is ready, able, and willing to purchase at the price proposed.--Gore v. Griffith Realty Co.,

CARRIERS. 169 S. W. 685,

See Appeal and Error, $8 1050, 1056; ComV. ACTIONS FOR COMPENSATION.

merce, 88 8, 14, 58; Courts, 8 169; Evidence,

88 471, 514; Intoxicating Liquors, $ 238; $ 86 (Ky.) In an action for a percentage of Justices of the Peace, $ 119; Negligence, s profits claimed to be due a broker on account 97; Sales, 8 418; Telegraphs and Telephones, of a purchase and sale of lands, a judgment, 883, 54; Trial, $$ 194, 260, 296; Venue, $ 22. finding that the broker did not retain part of the purchase price at the subsequent sale as a I. CONTROL AND REGULATION OF commission, held authorized by the evidence.

COMMON CARRIERS. Mann Bros. v. Reichert's Ex'x, 169 S. W. 707.

(B) Interstate and International Trans


$ 30 (Ky.) Where a carrier has filed inter

state rates graduated according to value of the $ 105 (Ky.) Purchasers of land held not articles shipped, the shipper's valuation autochargeable with knowledge of a broker as to matically fixes the rate, though the difference in bad faith of vendor.-Interstate Petroleum Co. rates is not called to the shipper's attention.v. Farris, 169 S, W. 535.

Robinson v. Louisville & N. R. Co., 169 S. W.


Where a carrier had no joint rates over its

line and that of a connecting carrier, but the See Gaming, 63.

rates of each were duly published, that no

through rates were published did not relieve the BURGLARY.

shipper of notice of the connecting local rates

based on valuation.-Id. See Witnesses, $ 52.


(A) Delivery to Carrier. $9 (Ky.) Under Ky. St. $ 1162, construed lib

$ 40 (Tex.Civ.App.) It is a common-law duty erally as required by section 460, the offense of for the transaction of public business.-Crosby

of railroads to furnish reasonable facilities housebreaking may be committed by an entry ton-Southplains R. Co. v. Railroad Commission without breaking and a breaking out.-Lawson of Texas, 169 S. W. 1038. v. Commonwealth, 169 S. W. 587.

(B) Bills of Lading. Shipping Receipts, II. PROSECUTION AND PUNISHMENT.

and Special Contracts. $ 41 (Tex.Cr.App.) Evidence held to sustain $ 68 (Tex.Civ.App.) A consignor of goods, a conviction of burglary of a storehouse.- which had been loaded and for which a bill of O'Fallin v. State, 169 S. W. 897.

lading had been issued to his agent, as consign$ 42 (Tex.Cr. App.) Recent possession of stol- ee, before any new interest had intervened, and en property, to sustain a conviction of burglary subject to the carrier's claim for full freight, alone, must be exclusive in accused or those had the right to cancel the contract of shipment connected with the burglary.-O'Fallin v. State, and to require a redelivery.-Texas Midland R. 169 S. W. 897.

R. v. Hargrove, 169 S. W. 925. $ 46 (Tex.Cr.App.) On trial for stealing har

(D) Transportation and Delivery by ness, found in defendant's possession, instruc

Carrier. tions held to have sufficiently submitted his defensive plea that he purchased the harness $ 94 (Tex.Civ.App.) A consignor whose goods from a trader.-Whitfill v. State, 169 S. W. 681. had been loaded and for which a bill of lading

had been issued to his agent, as consignee, on CANCELLATION OF INSTRUMENTS. the carrier's refusal to redeliver thein at the

place of shipment, held entitled to recover the See Appeal and Error, $$ 715, 1066; Attach- difference, if any, between their market value ment, § 381 ; Carriers, 8 68; Corporations, there and when they were delivered at destina548; Deeds, $$ 17, 211; Drains, 8 91 ; Equity, tion.-Texas Midland R. R. v. Hargrove, 169 $ 199; Estoppel, $ 94; Pleading, $ 258; Pub- S. W. 925. lic Lands, $ 173; Quieting Title; Taxation, Petition alleging ownership of goods shipped $$ 799, 810.

under a bill of lading to the shipper's agent as For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

consignee, a demand and a refusal to redeliver depreciation in value of each animal not in exbefore the goods had left the point of shipment, cess of such cost, and in no event in excess of without alleging a tender of the bill of lading or $100.-H. E. Wilson & Co. v. Illinois Cent. R. an offer to pay the freight, held to state a good Co., 169 S. W. 311. cause of action for damages.--Id.

$ 218 (Tenn.) While a consignee of poultry, On refusal of carrier's agent to halt on re- which was injured by defendant's delay, cannot quest a shipment of goods and redeliver them recover for the physical injuries to the birds without any demand by him for the bill of lad- unless he gives notice before delivery, as requiring or denial of the consignor's ownership, held ed by the bill of lading, he may recover for that the failure to tender the bill of lading was damages occasioned by the depreciation in the immaterial to the consignor's right of action for market price before delivery.-Jett & Brooks y. damages.-Id.

Southern Ry. Co., 169 S. W. 767. (E) Delay in Transportation or Delivery.

§ 218 (Tex.Civ.App.) A carrier, having failed

to furnish proper cars for the transportation of 8 105 (Tenn.) A carrier is liable for loss on cattle and to see that they were securely fasthe value of property intrusted to it for trans- tened, held not relieved from liability for the portation, which results from a decline in the escape of the cattle from the cars by a stipula. market price pending the carrier's negligent de- tion in the contract binding the shipper to inlay in forwarding the consignment to its destina- spect the cars, see that they were properly tion.- Jett & Brooks v. Southern Ry. Co., 169 fastened, and report any defect therein.-Guli, S. W. 767.

C. & S. F. Ry. Co. v. Boger, 169 S. W. 1093.

Where a carrier undertook to bed cattle cars (F) Loss of or Injury to Goods.

before the cattle were loaded or the shipping $ 135 (Tex. Civ.App.) Where a private car contract signed, it could not rely on a provision never reached its destination through the negli- of the contract subsequently executed to relieve gence of connecting carriers, but the carrier was it from liability for a failure to provide proper not informed that the car was to be loaded for bedding.--Id. plaintiff's business, plaintiff could not recover $ 218 (Tex.Civ.App.) The statute providing for loss of profits from failure to receive the that carriers shall not restrict their commonfreight.-San Antonio & A. P. Ry. Co. v. Hou- law liability held applicable to the transportaston Packing Co., 169 S. W. 642.

tion of live stock.-- Pecos & N. T. Ry, Co. v.

Morrison, 169 S. W. 1098. (H) Limitation of Liability.

8 227 (Tex.Civ.App.) In an action for dam$ 147 (Tex.Civ.App.) In Texas, by statute, a ages for injuries to a shipment of live stock, common carrier may not limit by contract its evidence of the intrinsic value of the stock at common-law liability as to domestic shipments, the place of destination is admissible under a nor can it contract to relieve itself from its general allegation as to their value at such common-law liability for damages occasioned place, where there was no market at the point. by its negligence.--Gulf, C. & S. F. Ry. Co. v. - International & G. N. Ry. Co. v. Parke, 169 Boger, 169 S. W. 1093.

S. W. 397. (I) Connecting Carriers.

8 227 (Tex.Civ.App.) Where plaintiff's cattle

were injured as the result of a failure to prop8 180 (Tex.Civ.App.) A stipulation of a con- erly bed the cars, and the carrier pleaded that tract made by a connecting carrier in the course the shipping contract required the shipper to of transportation under a through contract of bed the cars, the answer was defective for failshipment was violative of Interstate Commerce ure to further allege that the shipper was givAct, $ 20, as amended by Act June 29, 1906, 8 en an opportunity to do so, and that, if the cars 7, where it attempted to exempt the carriers were not properly bedded, it was through his defrom liability in case a claim was not filed fault.-Gulf, C. & S. F. Ry. Co. v. Boger, 169 within 30 days from date of injury, and hence S. W. 1093. was not enforceable.--Missouri, K. & T. Ry. Where the contract with the initial carrier Co. v. Ward, 169 S. W. 1035.

provided for notice of claim within 91 days, III. CARRIAGE OF LIVE STOCK.

and it was not alleged that two of the carriers

did not acquiesce in the through bill of lading, 8 209 (Tex.Civ.App.) A railroad carrier must it was binding on them, as provided by. Rev. furnish cars suitable to transport cattle, and St. 1911, arts. 731, 732; and hence an allegacannot shield itself by proving that the shipper tion that their contracts provided for notice contracted to inspect the cars furnished and within 120 days, followed by introduction of reject them if improper.-Gulf, C. & S. F. Ry. the 91-day contract, constituted a variance.-Id. Co. v. Boger, 169 S. W. 1093.

$ 228 (Tenn.) Where a contract provided that $ 211 Tex.Civ.App.) "Feed and water," as the carrier's liability should not exceed actual used in Rev. St. 1895, art. 326 (now Rev. St. cost of horses at the point of shipment, such cost 1911, art. 714), requiring a carrier to feed and was sufficiently proven by proving the market water stock during transit unless otherwise con- value at that point, in the absence of proof that tracted for, refers to the internal necessities of the horses were purchased below the market the animal, and a contract for the shipment of value.-H. E. Wilson & Co. v. Illinois Cent. R. hogs, requiring the shipper to feed and water Co., 169 S. W. 311. the hogs, did not relieve the carrier from the 8 229 (Tex.Civ.App.) In an action for damduty to fush the hogs if necessary to prevent ages to a shipment of live stock, some of which injury from overheating.–Pecos & N. T. Ry. died, the measure of damages is the value of the Co. v. Morrison, 169 S. W. 1098.

stock at the time at which it should have been $ 215 (Tex.Civ.App.) A carrier is an insurer delivered, which value, if there is a market at of the safe transportation of animals delivered the place of destination, will be measured by to it for carriage, unless the loss results from the market value, and, if not, by the intrinsic act of God, act of the owner, the proper vice of value.-International & G. N. Ry, Co. v. Parke, the animals, or the public enemy, subject to the 169 S. W. 397. exception provided by Rev. St. 1895, art. 326 $ 230 (Tex.Civ.App.) Where there was an un(now Rev. St. 1911, art. 714).-Pecos & N. T. reasonable delay in shipping plaintiff's horses, Ry. Co. v. Morrison, 169 S. W. 1098.

and evidence that the delay tended to cause $ 218 (Tenn.) Where contract for the them to contract "shipper's cold," a request to transportation of horses provided that the value charge that there should be a verdict for de of each should not exceed $100, and that the fendant if the horses were damaged by such carrier's liability should not exceed the actual disease, without reference to the causes therecost at point of shipment or the contract valu- of, was properly refused.-Houston & T. C. R. ation, the owner's measure of damages was the Co. v. Meadors, 169 S. W. 1106.


IV. CARRIAGE OF PASSENGERS. ers who have a right to go there.-St. Louis, I. (A) Relation Between Carrier and Pas

M. & S. Ry. Co. v. Fuqua, 169 S. W. 786. senger.

8314 (Mo.) In an action by a shipper of live $ 238 (Tenn.) Plaintiff, who boarded detoured stock injured while riding in the freight car train knowing that company's rules forbade car- instead of the caboose, waiver of the provision riage of local passengers on such train, held of the contract, whereby the railroad company not a passenger, and not entitled to be carried. required him to ride in the caboose, must be -Southern Ry.'Co. v. McNabb, 169 S. W. 757. pleaded. Scrivner v. Missouri Pac. Ry. Co., One who procures a ticket and procures pas

169 S. W. 83. sage upon a railway train by fraudulent mis- 8 315 (Mo.) In an action by one injured while representations is not a passenger, but a tres- riding in a freight car, evidence that he was passer.-Id.

there riding to protect his property held inad§ 247 (Ark.) A person entering a coach before missible under the reply.-Scrivner v. Missouri the train was made up for the purpose of taking Pac. Ry. Co., 169 s. W. 83. passage thereon_held a passenger.-St. Louis

$ 318 (Tex.Civ.App.) In an action by a pasSouth Western Ry. Co. v. Overton, 169 S. W. senger hurt in a fall from a train, caused by 364.

stumbling over a box left on the platform, evi$ 247 (Mo.) Where a contract between a rail. dence held sufficient to sustain a finding that road company and a shipper of stock and house servants of the railroad company were neglihold goods required the shipper to ride at all gent in placing the box on the dimly lighted times in the caboose, the shipper, when riding in platform.-Gulf, C. & S. F. Ry. Co. v. Battle, the freight car contrary to the contract, was not 169 S. W. 1048. a passenger and could not recover for injuries $ 319 (Ark.) In an action for injuries to a occasioned by an unusually hard coupling.- passenger by falling on the steps leading from Scrivner v. Missouri Pac. Řy. Co., 169 S. w. the depot platform to the ground, a verdict al83.

lowing her administrator $1,500 held not so ex

cessive as to justify interference by the Supreme (B) Fares, Tickets, and Special Contracts. Court.-St. Louis, I. M. & S. Ry. Co. v. Fuqua,

169 S. W. 786. § 254 (Mo.) That a contract between a railroad company and a shipper of household goods

$ 320 (Ark.) Where a passenger fell on the and live stock required the shipper to feed and steps leading from a depot platform after she water the stock does not avoid other provisions had alighted from a train, and was injured, eviof the contract requiring the shipper to ride in dence held to require submission of the question the caboose at all times the train is in motion. I of the carrier's negligence.-St. Louis, I. M. & Scrivner v. Missouri Pac. Ry. Co., 169 S. W. S. Ry. Co. v. Fuqua, 169 S. W. 786. 83.

$ 320 (Tex.Civ.App.) In a personal injury ac§ 26! (Tex.Civ.App.) Under Pen. Code 1911. tion by a passenger, who fell from a train when arts. 1527, 1528, 1529, relative to redemption of he stumbled over a box left on a dimly lighted unused railroad tickets, company held entitled platform, the question of his contributory neglito provide a channel or employ processes of gence held, under the evidence, for the jury.-disbursement most orderly to it, and not liable Gulf, C. & S. F. Ry. Co. v. Battle, 169 S. W.

1048. for penalty for agent's refusal to pay redeemable value immediately upon presentation with: (E) Contributory Negligence out forwarding it to the auditor pursuant to a

Injured rule of the company.-Texas & P. Ry. Co. v. Beaird, 169 S. W. 1050.

8 347 (Ark.) Where defendant's depot plat

form was surrounded by a retaining wall, which (C) Performance of Contract of Trans-projected four or five inches above the foor at portation.

the place where steps were provided to reach the

ground, and decedent, after debarking from a $ 267 (Tenn.) Rule that local

passengers train, caught her foot on the projection and fell, would not be carried on detoured trains held she was not negligent, as a matter of law:-St. reasonable and within the rights of the railway Louis, I. M. & S. Ry. Co. v. Fuqua, 169 S. company, and its enforcement did not render W. 786. the company liable in damages, though local train was two hours late.-Southern Ry. Co. v. entitled to an instruction to find for it, if the

$ 348 (Tex. iv.App.) Defendant carrier held McNabb, 169 S. W. 757. Railway companies may adopt, and in a lawful had he not been under the influence of liquor.

passenger would not have fallen from the coach and proper manner enforce, reasonable regula- St. Louis Southwestern Ry. Co. of Texas v. tions, not in contravention of law or public Christian, 169 S. W. 1102. policy, for the carriage of freight and passengers and the transaction of their business generally, passenger by a fall from the open vestibule of a

In an action for injuries to an intoxicated and may decline to accept as a passenger a railroad coach, instructions given held not to person who refuses or fails to comply with present the isolated question of plaintiff's insuch rules.-Id.

toxication as a contributing cause as explicitly

as defendant had a right to demand.-Id. (D) Personal Injuries. § 280 (Ark.) A railroad company is not an in-(F) Ejection of Passengers and Intruders. surer of passengers rightfully on its platforms but is only bound to exercise reasonable care

$ 355 (Ky.) The conductor may eject a pasto keep the platforms in safe condition... St. fare after a proper demand.-Chesapeake & 0.

senger failing to tender a ticket or Louis, 1. M. & S. Ry. Co. v. Musgrove, 169 S. Ry. Co. v. Friend, 169 S. W. 509. W..236. $ 280 (Ark.) A passenger on a mixed train carrier was authorized to eject a passenger for

8 381 (Ky.) Evidence held to show that a assumes the risks reasonably incident to travel nonproduction of ticket or fare.--Chesapeake & thereon, though the carrier assumes as to him 0. Ry. Co. v. Friend, 169 S. W. 509. the same high degree of care to protect him from injury as if he were on a passenger train subject to the necessary difference in their opera

CAVEAT EMPTOR. tion.-St. Louis South Western Ry. Co. v. Over- See Taxation, § 855. ton, 169 S. W. 364.

8 286 (Ark.) A railroad company must exercise ordinary care to keep its platform in a safe

CERTIFICATE. condition for the use of its passengers and oth-1 See Elections, $ 139; Evidence, $ 342.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER



to pay


CHOSE IN ACTION. See Justices of the Peace, & 196; Taxation, 8 See Assignments. 597.


See Evidence, g 587. $16 (Tenn.) Under Acts 1907, c. 82, the Supreme Court has no jurisdiction to issue cer

CLAIMS. tiorari to review an order of the Court of Civil Appeals overruling a motion to discharge a writ See Executors and Administrators, $ 272; Reof supersedeas, theretofore issued by that court ceivers, $ 155. to supersede an injunction granted by the chancery court.-Sharp v. Rose, 169 S. W. 765.


See Municipal Corporations, 8 71. 87 (Ky.) A conveyance made at a time when

CLOUD ON TITLE. the land was in the actual adverse possession of defendants and largely under fence held cham- See Quieting Title. pertous under Ky. St. § 210.-Begley v. Valentine, 169 S. W. 1026.


See Judgment, $$ 495, 518.


See Conspiracy, 1; Counties, $815342, 162. CHANGE OF VENUE.

88 (Mo.) A denominational college, whose See Criminal Law, $$ 126, 134; Venue, $ 50. charter forbade any religious test for its in

structors, engaging plaintiff as a member of its CHARACTER.

faculty, with power to remove him when in its

judgment the interest of the college required it, See Witnesses, 88 337–361.

held justified in removing him after his acts

and conduct had subjected him to attacks on CHARGE.

the ground of unsound religious views and unTo jury, see Criminal Law, $$ 763–829; Trial, fitness to teach, as to which he engaged in a $8 186–296.

public controversy.-Darrow v. Briggs, 169 S.

W. 118.

See Sales, § 464.

See Adverse Possession. 1. REQUISITES AND VALIDITY.

COMBINATIONS. (A) Nature and Essentials of Transfers of Chattels as Security.

See Monopolies. $6 (Ky.) Under a provision in a contract of

COMMERCE. sale against passing of title to the buyer until after payment in full, the title passes and the See Carriers; Constitutional Law, § 43; Cortransaction becomes a sale with a mortgage porations, 8 636. back. --Montenegro-Riehm Music Co. v. Beuris, 169 S. W. 986.


ERAL. (D) Validity. 8 73 (Ky.) A provision in a contract of sale,

$8 (Ky.) The interstate commerce act and its construed as a sale with a mortgage back for amendments supersede all regulations of particu

lar states as to interstate transportation conthe purchase price, authorizing the seller to retake possession upon default in payment, is not

tracts, including Const. § 196, prohibiting a contrary to public policy; but, upon retaking carrier from contracting for relief against its possession, the seller holds it as the property of common-law liability.- Robinson v. Louisville the buyer for the purpose only of paying the & N. R. Co., 169 S. W. 831. debt.- Montenegro-Riehm Music Co. v. Beuris, $ 13 (Mo.) Foreign and domestic corporations 169 S. W. 986.

engaged in manufacturing and selling lumber at

wholesale are, when forming a conspiracy to IV. RIGHTS AND LIABILITIES OF limit the output and fix the price for lumber to PARTIES,

be sold in the state, guilty, of violating the $ 166 (Ky.) The seller of personal property, ground that their acts are governed by the in

state anti-trust law, and cannot defend on the reserving title until payment and having a mortgage back for the purchase price, after law. General v. Arkansas Lumber Co., 169 S. W.

terstate commerce law.-State ex inf. Attorney fully retaking possession of the property, and if

145. so provided in the contract, may sell it upon notice to the owner; such procedure not violating the interstate shipment of intoxicating liquor,

$ 14 (Ky.) The Webb-Kenyon Act, relative to Civ. Code Proc. $ 375, forbidding the foreclosure is not violated where the liquor is intended for of a mortgage.-Montenegro-Riehm Music Co. v. Beuris, 169 S. W. 986.

the personal use of the consignee.-Adams Ex$ 169 (Ky.) The seller of a piano under a con

press Co. v. Commonwealth, 169 S. W. 602. tract reserving title and providing for a retak- ments of intoxicating liquor to be used in rio

Under the Webb-Kenyon Act interstate shiping, but not for a resale, on reta king possession, lation of state laws are not protected by the held it as the property of the buyer, and upon federal Constitution, and may be punished by a resale, without notice, was guilty of a conver- the states when in violation of their laws.-Id. sion and liable to the buyer for its actual value, less the balance due.-Montenegro-Riehm Music II. SUBJECTS OF REGULATION. Co. v. Beuris, 169 S. W. 986.

8 27 (Ky.) A section hand, injured while enCHILDREN.

gaged in preparing the track of defendant rail

way for use in interstate commerce, is within See Bastards; Infants; Parent and Child. the federal Employers' Liability Act.-Trucs

dell v. Chesapeake & O. Ry. Co., 169 S. W. Prosecuting Attorneys, 8 5; Eminent Domain, 471.

$$ 2, 71, 303; Improvements, g 4; Municipal $ 40 (Tenn.) One who sells intoxicating liq Corporations, $ 186; Officers, $ 100; Prisons, uors solely in interstate commerce does not vio $ 8; Receivers, 88 155-199. late local prohibitory laws because he did not purchase his liquors in interstate commerce;

COMPETENCY. the sale and not the purchase of liquors being prohibited.-Statė v. Chadwell, 169 s. W. 1170. See Evidence, $$ 150, 155, 222, 536, 53942;

Witnesses, 88 52–211.

COMPLAINT. $ 58 (Tex.Civ.App.) A state regulation, which See Indictment and Information; Pleading. required a railroad company to stop through trains engaged in interstate commerce at COMPOSITIONS WITH CREDITORS. particular point, was not invalid as an interference with interstate commerce, where the rail. See Compromise and Settlement. road company, as a public carrier, owed the inhabitants of that locality the duty of stopping COMPROMISE AND SETTLEMENT. its trains there.—Gulf, C. & S. F. Ry, Co. v. State, 169 S. W. 385.

See Evidence, $8 213, 214. Under Rev. St. 1911, art. 6676, subd. 2, the $ 11 (Ky.) A contract of settlement of a suit Railroad Commission has jurisdiction to order a to clear the title of certain coal land construed. railroad company to stop through trains engaged -Dotson v. Patterson, 169 S. W. 497. in interstate commerce at a county seat station, 8 24 (Tex.Civ.App.) In action for amount due where the stopping of such trains is necessary to furnish the inhabitants of that locality with for the jury whether there had been a binding

on labor contract, held that it was a question adequate train service.--Id.

settlement between the parties.-Aycock v. Ross, 8 59 (Ark.) Kirby's Dig. $ 7947, authorizing 169 S. W. 1037. recovery for mental anguish for delay in delivering a death message, held inapplicable to a

CONCLUSION. message sent from Arkansas to Oklahomal, where such was not the law, since to so apply it would See Evidence, $ 471. be an invalid restriction on interstate commerce. - Western Union Telegraph Co. v. Compton,

CONCLUSIVENESS. 169 S. W. 946. $ 60 (Ark.) Where liquor was ordered by in

See Judgment, 88 688–715. testate in Arkansas from a dramshop keeper in Missouri, where sales on credit were declared

CONDEMNATION. void by Rev. St. Mo, 1909, $ 7189, there was no See Eminent Domain. interference with interstate commerce.-Landrum v. Lindsey, 169 S. W. 801.

CONDITIONAL SALES. $ 61 (Ky.) Ky. St. § 2569a, relative to the transportation of intoxicating liquors, is con

See Sales, 8 464.
stitutional and operative as to intrastate ship-
ments, but not as to interstate shipments prior

to the passage of the Webb-Kenyon Act.-Adams See Deeds, $$ 156, 160, 165, 166, 168.
Express Co. v. Commonwealth, 169 S. W. 603.
The Webb-Kenyon Act is a valid exercise of

the power to regulate interstate commerce con-
ferred on Congress by Const. U. S. art. 1, § 8, See Criminal Law, 88 519, 528.
subsec. 3.-Id.


See Dower, $ 2; Exemptions, $$ 2, 134: InSee Bills' and Notes.

toxicating Liquors, & 326; Negligence, $ 10312;

Partnership, § 111; Property, $ 6.
See Banks and Banking, $ 77; Commerce, $ 58;

Constitutional Law, $8 62, 297 ; Judicial Sales, See Carriers, $ 180.
§ 61; Prisons, 87; Public Lands, $ 172;
Railroads, $$ 9, 10, 58, 216; Reference, $s

CONSIDERATION. 47, 100; Schools and School Districts, 8 37.

See Deeds. $$ 17, 210; Fraudulent Convey. COMMISSIONS.

ances, $ 95. See Brokers, 8$ 45-54.


See Commerce, 13; Indictment and Informa

tion, $ 124; Monopolies, $$ 12, 26; Pleading, See Insane Persons, $S 29, 38.

8 64; Witnesses, $ 52. COMMON CARRIERS.


(A) Acts Constituting Conspiracy and Li

ability Therefor. COMMON LAW.

81 (Mo.) Where the act of the individual de

fendants, as trustees of defendant college, in reSee Carriers, $$ 40, 147; Death, $ 9.

moving plaintiff from his position as a member

of its faculty was justified by the terms of COMMUNITY PROPERTY.

plaintiff's employment and by the charter of the See Husband and Wife, & 262.

college, no civil action could be maintained

against them for conspiracy.-Darrow v. Briggs, COMPENSATION.

169 S. W. 118.

A civil action against several for conspiracy See Attorney and Client, $$ 123, 150; Brokers, can only be sustained against them, where the 88 45–86; Counties, $$ 69, 70'; District and I acts complained of would sustain an action

For cases in Dec. Dig. & Ain. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

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