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MUNICIPAL CORPORATIONS:

right of, to create special' rights and liabilities as between indi-
viduals. Bain v. Fort Smith Light & Traction Co., 125.
extent of rights and powers of. Id.

after grant of franchise to public service corporation, right of, to
pass ordinances protecting the safety of individuals, and creating
liabilities as against the corporation. Id.

reservation in grant of franchise of right to pass ordinances sub-
sequent to the grant of the franchise, and affecting the exercise
of same.

Id.

right of, by ordinance, to create a special liability on the part of
a public service corporation, in favor of third parties, for the
violation of a city ordinance. Id.

a city may regulate a street railway company under its police
power. Id.

effect on right of United States mail carrier of city ordinance giv-
ing him right-of-way in the use of city streets. Id.
water supply, right of, to borrow money to move pumping station.
The City of Forrest City v. Bank of Forrest City, 377.
right to borrow money and give notes therefor to purchase ma-
chinery for water supply. Id.

may execute notes in payment of indebtedness of, when. Id.
may not issue interest bearing evidences of indebtedness. Id.
provision for payment of interest in note of, will be regarded as
surplusage, when. Id.

right of city council to prohibit maintenance of a public pool hall.
Town of Dardanelle v. Gillespie, 390.

mayor of town may issue licenses, when. Id.

NEGLIGENCE:

proof of injury; concurrent causes; question for jury. Malvern
Lumber Company v. Sweeney, 56.

action for wrongful death; sufficiency of the evidence where there
are concurrent causes. Biddle et al., Receivers, v. Jacobs, 82.
what negligence must be shown in action for wrongful death. Id.
causal connection must be shown, how. Id.

death of deceased held to have been caused by defendant's negli-
gence. Id.

personal injury caused by negligence. Jones & Harrington v. Scott,
108.

liability of gas company for negligence in permitting escape of
natural gas. Little Rock Gas & Fuel Company v. Coppedge, 334.
liability of receivers of railroad company where a passenger is bit-
ten by a dog in their custody. Holt et al., Receivers, v. Leslie,

PARTNERSHIP:

adjustment of accounts of; jurisdiction of probate court. Fowler
v. Frazier, 350.

PLEADING AND PRACTICE:

in action for personal injury after defendant has admitted that
plaintiff was in his employ, right of defendant to amend denying
that fact. Chapman & Dewey Land Co. v. Woodruff, 189.
right to join new parties after a demurrer to the complaint has
been sustained. Hastings v. United States Fidelity & Guaranty
Co., 220.

where appellant's amended complaint is stricken out as to appellee,
the order is a final judgment. Id.

objection to a complaint should be made by motion to make more
specific, and not by demurrer, when, in an action on an account.
Stiel & Co. v. Ide & Co., 244.

absence of defendant as ground for motion to set aside a judgment;
diligence of council.

Id.

effect of failure to plead after a demurrer is overruled, in an action
on an account.

Id.

appearance of defendant waives plaintiff's failure to file affidavit
for a warning order. Linn-McCabe Company v. Williams, 307.
where a demurrer is sustained and a cause dismissed, the merits
will not be held to have been adjudicated. Cooper v. McCoy, 501.

POOL HALLS:

right of city council to regulate and prohibit the maintenance of.
Town of Dardanelle v. Gillespie, 390.

operation of may be prohibited, when, Id.

PRINCIPAL AND AGENT:

authority of general agent to execute negotiable paper. Morris v.
Friend, 424.

where husband is agent of wife, authority to execute negotiable
paper for her is a question for the jury. Id.

knowledge of an agent of an express company and of the receivers
of a railroad company that a dog in their custody is vicious, will
be held to be the knowledge of the principals. Holt et al., Re-
ceivers, v. Leslie, 433.

duty of express agent who receives for delivery a vicious dog.
where he has knowledge of the facts: duty to keep dog restrained.

Id.

PROBATE COURT:

has no jurisdiction to try questions involving title to property.
Fowler v. Frazier, 350.

PUBLIC FUNDS: See COUNTY FUNDS.

PUBLIC HIGHWAYS:

corresponding rights of drivers of teams and automobiles to the
use of. Butler v. Cabe, 26.

PUBLIC LANDS:

duty of State to issue deed to person to whom it has issued its cer-
tificate. Sorrells v. Warnock, 496.

PUBLIC SERVICE CORPORATIONS:

see also STREET RAILWAYS.

See MUNICIPAL CORPORATIONS;

right of municipal corporation to impose burdens upon not pro-
vided for in the grant of franchise rights. Bain v. Fort Smith
Light & Traction Co., 125.

QUARANTINE: See CATTLE QUARANTINE.

RAILROADS:

liability of, for negligent killing of dog. Taylor v. St. Louis, I. M.
& S. Ry. Co., 47.

where a dog is killed by the operation of a train, presumption of
liability. Id.

duty of, to maintain lookout; effect of curve in track. Id.

injury to animal, negligence question for jury, when. Id.
liability for injury to cattle running at large upon the right-of-way.
St. Louis, I. M. & S. Ry. Co. v. Wilson, 163.

effect of railroads permitting food, attractive to animals to remain
on its right-of-way, where an injury results. Id.

liability for injury to animal where fence bordering right-of-way
is defective. Id.

liability for wilful tort of employee. Pine Bluff & Arkansas River
Ry. Co. v. Washington, 179.

liability for exemplary or punitive damages. Id.

liability of railroad for acts of employee of receiver thereof. Holt
et al., Receivers, v. Leslie, 433.

Act 116, Acts 1907, requiring certain breaking crews on freight
trains, construed; constitutionality of said law. Kansas City S.
Ry. Co. v. State, 455.

RAILROADS-Continued.

defense of contributory negligence can not be pleaded under Kirby's
Digest, sections 6652-6655. Kansas City & Memphis Ry. Co. v.
Huff, 461.

length of time that employees of, may work, in freight service. Id.
injury to servant, degree of negligence as between the parties as

affecting liability. Id.

overworking employees as affecting defense of contributory negli-
gence. Id.

liability for injury to servant because of any insufficiency of clear-
ance of obstructions, under Act 88, Public Acts 1911. Id.
duty to drunken trespasser on track; duty to maintain lookout for
all persons. St. Louis, I. M. & S. Ry. Co. v. Elrod, 514.

REAL ESTATE BROKERS:

right to commissions. Meyer v. Holland.

same. Horton & Co. v. Beal, 273.

agreement to pay commissions, effect of.

Worthen v. Stewart, 294.
Id.

effect of bad faith on the part of the broker.

will be held to have failed to complete a sale so as to be entitled to
commission.

Id.

accord and satisfaction as to broker's claim for commissions,
question for jury, when. Id.

RECEIVERS:

duty of agents of receivers of a railroad company to see that a sta-
tion building is maintained in a safe condition. Holt et al., Re-
ceivers v. Leslie, 433.

liability of receivers of a railroad company for an injury to a pas-
senger caused by bite from a vicious dog in their custody. Id.

RECEIVING STOLEN PROPERTY:

unexplained possession of stolen property sufficient to warrant con-
viction for what crime. Sons v. State, 357.

RES ADJUDICATA:

identity of issues; judgment of circuit court as, where identical
action is later brought in chancery. Morris v. Lyons, 416.

a former judgment will be held binding, when. Cooper v. McCoy,
501.

SALES:

coupon contest. Millsaps v. Urban, 90.

duty of offerer to abide by the terms of his offer, in a coupon con-
test.

Id.

SALES-Continued.

liability of offerer for breach of contract in coupon contest. Id.
change in contract of, without loss of reservation of title.

mers, Receiver, v. Carbondale Machine Co., 246.

governed by what law. Id.

Sum-

sale of stallion under contract that he should be a sure breeder;
knowledge of purchaser. Holland Banking Co. v. Hearn, 238.
SCHOOL DISTRICTS:

required notice where change in, is proposed. Lewis v. Young, 291.
effect of failure to give notice of proposed change. Id.

custodian of funds of, who is. Black v. Special School District No.
2, 472.

liability of stockholders of bank where funds of, are deposited. Id.
proper parties in action to collect funds of. Id.

STATUTES:

construction of; when presumed to act prospectively.
Special School District No. 2, 472.

Black v.

West

construction of; intention of Legislature, how determined.
v. Cotton Belt Levee District No. 1, 538.

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