LIEN.

See MECHANICS' LIEN.

As to the enforcement of carrier's lien for freight by sale of unclaimed pack-
ages. Nathan Bros. v. Shivers, xvi. 276.

Carrier notified purchaser that he claimed lien on second part of consignment
of coal for freight of whole lot. Purchaser took the coal. Held, that this did
not as matter of law imply a promise by him to pay the carrier the whole freight.
New York & N. E. R. Co. v. Sanders, xvi. 280.

Contractor has in absence of contract no lien on subscription to stock which
company has agreed with subscriber to apply to construction of particular part
of road which contractor has undertaken to build. Myer & Hay v. Dupont et
al., xvi. 621.

LIMITATION OF LIABILITY.

LIMITATIONS.

See BILL OF LADING; CARRIERS.

Action may be brought to recover excessive charge for freight within five
years, though prosecution for offence in exacting it is limited to two years.
Heiserman v. Burlington, C. R. & N. R. Co., xvi. 46.

In action for delay in carrying goods occurring in part more than six years
before suit brought and in part within that time, plaintiff may recover for latter
part of delay. Jones v. Grand Trunk R. Co., xvi. 265.

In action against assignee in bankruptcy statute runs only from discovery of
fraud. Assignee is chargeable with notice of concealment by assignor and when
facts are such as to conceal themselves, no proof of actual concealment by
assignee is essential. Cook et al. v. Sherman et al., xvi. 561.

LIVE-STOCK.

LOCATION.

See ANIMALS; CARRIERS.

Contract of officers to purchase land and locate line and stations on or near
such lands is contrary to public policy and will not be enforced. Cook et al. v.
Sherman et al., xvi. 561.

When such lands are bought and sold again and proceeds carried to account
of one of parties, others are entitled to appropriate relief. Cook et al. v. Sher-
man et al., xvi. 561.

MAJORITY.

Controls in corporation as to all matters within corporate powers but not as to
matters beyond Leo v. Union Pac. R. Co., xvi. 450.

MANAGER.

Manager of Troy & Greenfield R. R. & Hoosac Tunnel may be sued for
injury to property by defective construction of road by former manager, road
being owned by commonwealth. Amstein v. Gardner, xvi. 585.

MANDAMUS.

Peremptory writ of mandamus must conform strictly to alternative writ.
Hence where the relator is only entitled to part of the relief applied for, final
relief cannot be granted as to such part. State ex rel. v. Kansas City, St. J. &
C. B. R. Co., xvi. 297.

When materials are furnished in car-loads under separate orders, no lien can
be filed for car-loads delivered more than ninety days previous, though other car.
loads are in mean time delivered. Heltzell v. Chicago & Alton R. Co.. xvi. 619.
Materials furnished to contractor for and used by him in construction of rail-
road are to be regarded as furnished to railroad. Heltzell v. Chicago & Alton
R. Co., xvi. 619.

Party contracting to deliver rails may file lien within six months of last de-
livery. Such lien has priority to trust created in interim and is not affected by
agreement that contractor should have lien on rails till payment and that posses-
sion of company should be possession of contractor. Chicago & Alton R. Co.
. Union Rolling Mill Co., xvi. 626.

Agreement to give credit to purchaser beyond time within which statutory
liens can be enforced does not affect lien when purchaser failed to perform con-
ditions on which credit was given. Chicago & Alton R. Co. v. Union Rolling
Mill Co., xvi. 626.

Execution was properly awarded in this case in favor of mechanics' lien
claimant against railroad company. Chicago & Alton R. Co. v. Union Rolling
Mill Co,, xvi. 626.

MORTGAGE.

See FORECLOSURE.

Mechanic's lien for rails filed within six months of delivery of last instalment
takes precedence of trust deed executed in interim. Chicago & Alton R. Co..
Union Rolling Mill Co., xvi. 626.

MUNICIPAL SUBSCRIPTIONS.

When at time municipal subscription is made, tax to pay same is collected by
same officer who collects State and county tax, which officer gives one bond,
subsequent act authorizing appointment of special officer to collect taxes to pay
municipal subscription with separate bond, is invalid as impairing the obliga-
tion of a contract. Edwards v. Williamson, xvi. 668.

See ANIMALS; Baggage; BILL OF LADING; CARRIERS; FENCES; FIRE; PAS-

SENGERS.

When the facts are disputed, the question is for the jury under the directions
of the court. When facts are not disputed, the court must give binding instruc-
tions. When main fact is proved by defendant's own evidence the question is
for the court, even though the evidence is conflicting on collateral points. Dun
v. Seaboard & Roanoke R. Co., xvi. 363.

NEGLIGENCE (CONTRIBUTORY).

See BAGGAGE; BILL OF LADING; CARRIERS FIRE; PASSENGERS.

When contributes proximately to injury and bears direct relation to negligent
act complained of, will defeat recovery, no matter what the negligence may have
been. McQuilkin v. Central Pac. R. R. Co., xvi. 353.

NOTICE.

Proof that notice of call for subscriptions was duly mailed and addressed to
subscriber makes prima facie case of notice of such call. Braddock v. Phila.,
M. & M. R. R. Co., xvi. 436.

16 A. & E. R. Cas.-45

OFFICERS.

Letters of president admitting liability of company for loss of goods by fire
are not admissible in evidence against company. Piedmont M'f'g Co. v.
Columbia & G. R. Co., xvi. 194.

Company held bound by act of officers improperly issuing scrip convertible
into bonds as dividends on preferred stock, also by representations of officers as
to such convertibility. Chaffee v. Rutland R. R. Co., xvi. 408.

Upon signing of official bond of station agent, company is not bound to
notify sureties of default and existing indebtedness of principal on prior agency,
but must not hold him out expressly or impliedly as trustworthy. If they do
the sureties are discharged. Wilmington, etc.. R. Co. v. Ling, xvi. 539.

When company retains station agent who is in default without notifying
sureties on his official bond, latter are relieved from all further liability. Wil
mington, etc., R. Co. v. Ling, xvi. 539.

When two of board of directors take part in contract to construct road and
other contractors enter into agreement with other directors which in effect
relieves them from liability on their stock, such contract is voidable at election
of parties affected by fraud. But to extent company is benefited by construc-
tion of road under contract, bonds issued in payment thereof are valid. Thomas
v. Brownville, etc., R. Co., xv. 557.

Contract of officers to purchase land and locate line and stations near by is
contrary to public policy and will not be enforced. Cook et al. . Sherman et
al., xvi. 561.

Where such lands are bought and sold again, and proceeds carried to account
of one of parties, others are entitled to account and other relief. Cook et al. v.
Sherman et al., xvi. 561.

Stockholders alone have equity to restrain suit by construction company upon
contract obtained by procurement of directors who are themselves interested in
the contract. Creditors and government granting charter have no such equity.
Union Pac. R. Co. v. Credit Mobilier, xvi. 570.

Giving of construction contract to company in which officers were interested
held not to be a fraud where stockholders of railroad company had opportunity
to become members of construction company. Union Pac. R. Co. v. Credit
Mobilier, xvi. 570.

Superintendent of railroad company has right to accept or refuse wood fur
nished to company. Declarations made by him in transaction are admissible in
evidence. Sacalaris v. Eureka & P. R. R. Co., xv. 580.

Manager of railroad owned by commonwealth may be sued for injury to prop-
erty by defective construction of road by former manager. Amstein v. Gardner,
xvi. 585.

Directors may pass by-law fixing salary of solicitor. Shareholders cannot
undo arrangement in respect of past services. Falkiner v. Grand Junction R.
Co., xvi. 591.

Station agent is officer examinable under Rev. Stat. of Ontario, ch. 50, sect.
156, as to matters in question in action brought against company. Ramsay .
Midland Ry. Co., xvi. 594.

Representations of president as to capacity of chief engineer of company made
to other contractors but not communicated to those agreeing to build road, are
inadmissible when offered by latter. Phelps & Co. v. George's Creek & C. R.
Co., xvi. 600.

President and chief engineer may testify that their representations and esti-
mates in entering into construction contract were bona fide. Phelps & Co. v.
George's Creek & C. R. Co., xvi. 600.

Contract recited to be subscribed by proper officers and signed by president
of one company and director of another, and properly sealed, is prima facie so
executed as to be binding. New England Iron Co. v. Gilbert Elevated R. Co.,
xvi. 609.

When bill is filed to obtain surrender of stocks and bonds fraudulently issued
to company defendant, directors of latter are proper parties with view to dis-
covery. Terhune . Midland R. R. of N. J., xvi. 665.

Acknowledgment of articles of incorporation need not show that persons ac-
knowledging were personally known to officer to be the same executing the arti-
cles. People ex rel. v. Cheeseman et al., xvi. 400.

Substantial compliance with requisites of general law is necessary to organi-
zation of corporation. People ex rel. v. Cheeseman et al., xvi. 400.

Company organized to build union depot and branch roads to it to accommo-
date different railroad companies, need not organize strictly as required by law
in the case of railroad companies. People ex rel. v. Cheeseman et al., xvi. 400.
When statute provides that corporation shall not exist more than twenty years
and articles of incorporation provide for fifty years' existence, corporation may
exist for twenty years. People ex rel. v. Cheeseman et al., xvi. 400.

PARTNERSHIP.

Agreement between connecting lines as to through freights, each being re-
sponsible only by terms of bill of lading for his own acts or omissions, does not
render them partners and liable for each others acts and omissions. Deming v.
Norfolk & W. R. Co., xvi. 232.

Where judgment was obtained by passenger against railroad for personal in-
juries and execution was levied on engine, execution will not be enjoined on
application of creditors of partnership of which railroad was member where
equities are equal and it does not clearly appear that partnership indebtedness
existed when property was taken in execution. Lamoille V. R. R. Co. et al. v.
Bixby & M. & St. J. R. R. Co., xvi. 474.

Priority of partnership creditors exists in equity and not at law. Lamoille
V. R. R. Co. et al. v. Bixby & M. & St. J. R. R. Co., xvi. 474.

PASSENGERS.

See BAGGAGE; TICKETS.

LIABILITY OF CROWN.

Crown is not liable for injury to passenger travelling on railway owned and
operated by Dominion of Canada. Queen v. McLeod, xvi. 301.

DUTY OF COMPANY.

When passenger on street car is injured by collision with another car, prima
facie presumption of negligence on part of company arises. Smith v. St. Paul
City R. Co., xvi. 310.

Street-car companies are bound to highest degree of care for safety of passen-
gers. Smith v. St. Paul City R. Co., xvi. 310.

Person who has hailed street car and is carefully and prudently attempting to
get on platform is passenger and company is liable to him as such. Smith v. St.
Paul City R. Co., xvi. 310.

Where car is stopped at unsafe place to alight, company must either give pas-
senger assistance in alighting or move the car to a safe place. Whether servants
were negligent in this regard was for the jury in this case. Cartwright v. Chi-
cago & G. T. R. Co., xvi. 321.

In action for injury to passenger where petition alleged that accident was
caused by running train at point weakened by flood, no recovery can be had for
accident caused by defects in road-bed or in ties. Ely v. St. Louis, K. C. & N.
R. Co., xvi. 342.

Where injury was occasioned by washing away of embankment, evidence that
it was altered in reconstruction is admissible to prove defect in original plan.
Ely v. St. Louis, K. C. & N. R. Co., xvi. 342.

PASSENGERS—Continued.

CONTRIBUTORY NEGLIGENCE.

Person intending to take train, injured at station while crossing tracks, as pub-
lic had done for twenty years, by train run contrary to rules of company of which
party knew, held, under circumstances guilty of contributory negligence in fail-
ing to look out for approaching train. Wheelwright v. Boston & Albany R. Co.,
xvi. 315.

Where car is stopped at night, it is question for jury whether it is con-
tributory negligence for woman to get off in the dark from rear platform, rather
than pass through smoking car and get off where there is a light. Such conduct
is not contributory negligence per se. Cartwright v. Chicago & G. T. R. Co.,
xvi. 321.

When evidence showed that plaintiff, who was injured in alighting from street
car, had not time to alight, it is not error to refuse to give instructions as to
verdict in case he had time. Knowlton v. Milwaukee City R. Co., xvi. 330.

Brakeman called out station and train stopped in dark. Plaintiff got up to
get off and attempted to do so after train started without perceiving it. There
was no warning that the train had started. Held, that the question of plaintiff's
contributory negligence was for jury. Brooks v. Boston & Maine R. Co.,
xvi. 345.

When station was announced and train slowed up but did not stop, and plaintiff
jumped and was injured, held, the question of her contributory negligence was
for the jury. Edgar et ux v. Northern R. Co., xvi. 347.

It is negligence per se for a passenger to attempt to alight from cars on oppo-
site side from that where company has provided platform. McQuilkin v. Central
Pac. R. R. Co., xvi. 353.

Witness who saw lady thrown down by street car after alighting may state
his opinion as to whether she had time to get clear of car before it moved off.
Ward v. Charleston City R. Co., xvi. 356.

When passenger rests arm on window-sill wholly within car and by sudden
collision arm is thrown out and broken, question of contributory negligence is
for jury. Germantown Pass. R. Co. v. Brophy, xvi. 361.

When passenger sat with elbow out of window and same was struck by cord
wood piled near track, held, that he was guilty of such contributory negligence as
precluded recovery. Dun . Seaboard & Roanoke R. Co., xvi. 363.

Passenger in street car after signalling to stop, left his seat and stood on rear
platform which was slippery with ice and snow, and omitted to take hold of rail.
The car jolted. He was thrown off and injured. Held, the question of his con-
tributory negligence was for the jury. Fleck v. Union R. Co., xvi. 372.

FARES AND TICKETS

When coupon ticket contains clause that coupons shall be void if detached,
passenger cannot tender detached coupons. But if conductor sees ticket and
could readily ascertain by inspection that coupon had been detached therefrom,
he is bound to receive it. Louisville, N. & Gt. S. R. Co. v. Harris, xvi. 374.

When coupon ticket contains clause that coupons shall be void if detached,
and passenger tenders detached coupon only, he may be expelled from the train.
Louisville N. & Gt. S. R. Co. v. Harris, xvi. 374.

When passenger holds continuous ticket he cannot stop off and transfer the
ticket to another party for the balance of the journey. Walker v. Wabash, etc.,
R. Co., xvi. 380.

Party in street car who is familiar with practice, receiving by mistake of con-
ductor wrong transfer check, is not entitled to ride thereon in connecting car
and on refusing to pay fare may be expelled. Bradshaw v. South Boston R. Co.,
xvi. 386.

EXPULSION.

Passenger while being lawfully ejected for non-payment of fare cannot regain
his right to passage by tendering fare in rude and boisterous manner. Louisville,
N. & Gt. S. R. Co. v. Harris, xvi. 374.