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II. CARRIAGE OF GOODS.

(A) Delivery to Carrier.

44 (Ga.App.) Where plaintiff's claim was based on the defendant carrier's failure to perform a specific contract, Civ. Code 1910, § 2635, relative to what a shipper may require, was inapplicable.-Georgia Northern Ry. Co. v. Snellgrove & Bozeman, 85 S. E. 790.

(B) Bills of Lading, Shipping Receipts, and Special Contracts.

67 (Ga.App.) In an action for breach of a contract to furnish cars, matters merely tending to excuse performance of the general duty imposed by law constitute no defense.-Georgia S. E. 790.

CANCELLATION OF INSTRUMENTS. Northern Ry. Co. v. Snellgrove & Bozeman, 85

See Evidence, 155; Insurance, 239;
Quieting Title; Reformation of Instruments;
Sales, 124.

I. RIGHT OF ACTION AND DEFENSES.
10 (W.Va.) Equity will refuse to cancel a
written instrument where complainant's reme-
dy either by action or defense at law is plain,
adequate, and complete.--Big Huff Coal Co. v.
Thomas, 85 S. E. 171.

27 (W.Va.) A former owner, whose title has been forfeited to the state, has no litigable right while the title is so vested, and can maintain no suit to cancel a conveyance of the land, or any suit other than a suit to redeem, pursuant to Code 1913, c. 105.-Morgan v. Pool, 85 S. E. 724.

II. PROCEEDINGS AND RELIEF.

37 (W.Va.) A bill praying cancellation of a contract and a cross-bill alleging cause for affirmative relief and praying enforcement of the contract held to present independent issues, so that failure of the original bill did not carry Ewith it the cross-bill.-Big Huff Coal Co. v. Thomas, 85 S. E. 171.

CAPITAL STOCK.

See Corporations, 60-66, 189.

CARRIERS.

See Commerce, 27; Constitutional Law,
63, 241; Evidence, 407, 497; High-
ways, 165, 168; Municipal Corporations,
680, 681, 703; Railroads, 218; Ship-
ping; Street Railroads.

I. CONTROL AND REGULATION OF
COMMON CARRIERS.

(A) In General.

Where a carrier expressly contracts to furnish cars, it is liable for failure in respect thereto, unless the circumstances are such as to relieve from the performance of contracts generally.-Id.

(C) Custody and Control of Goods.

76 (Ga.App.) The assignee or transferee of a bill of lading may sue for breach of the shipment contract.-Canby v. Merchants' & Miners' Transp. Co., S5 S. E. 361.

(E) Delay in Transportation or Delivery. 99 (Ga.App.) The consignee is not required to tender freight charges in advance of a demand that a "solid" car be so placed as to make its unloading practicable.-Southern Ry. Co. v. Morgan, 85 S. E. 933.

100 (Ga.App.) The Reciprocal Demurrage Act applies only where the gist of plaintiff's claim is based on the carrier's violation of a public duty, irrespective of contract.-Georgia Northern Ry. Co. v. Snellgrove & Bozeman, 85 S. E. 790.

100 (S.C.) Under carrier's rules, demurrage held not collectible where car was unloaded and freight charges paid within 48 hours after car was placed on siding in proper position for unloading. Fennell Infirmary v. Southern Ry. Co., 85 S. E. 237.

102 (Ga.App.) Failure to deliver a shipment promptly when needed, or postponement of delivery until the necessity for use of the shipment has passed, will support an action for conversion, and authorize a recovery of the value of the property as damages.-Southern Ry. Co. v. Morgan, 85 S. E. 933.

(F) Loss of or Injury to Goods. 129 (N.C.) The repair of goods damaged in shipment by the shipper does not affect the consignee's right to recover from the carrier the difference between the value of the goods as delivered and as they should have been delivered.-H. W. Little & Co. v. Atlantic Coast Line R. Co., 85 S. E. 18.

12 (W.Va.) Acts 1907, c. 41 (Code 1913, c. 54, §§ 71fI, 71fII [secs. 3020, 3021]), limit ing railroads to a two-cent passenger rate, is binding until determined by the public service commission on due application to be unreasonable and until regularly amended or nullified.-132 (S.C.) Though the bill of lading providState v. Baltimore & O. R. Co., 85 S. E. 714. 18 (W.Va.) The public service commission will not be enjoined from exercising the power conferred on it by Laws 1913, c. 9 (Code 1913, c. 150, §§ 1-21 [secs. 636-6561), until it has investigated and determined that a rate complained of is invalid as to a particular carrier.State v. Baltimore & O. R. Co., 85 S. E. 714. (B) Interstate and International Trans

portation.

ed the carrier should not be liable for damage by breakage, proof that a soda fountain was redelivered broken casts on it the burden of delivered to the carrier in good condition and proving its freedom from negligence.-J. S. Pinkussohn Cigar Co. v. Clyde S. S. Co., 85 S. E. 1060.

(H) Limitation of Liability.

154 (Ga.App.) To support a reasonable stipulation for exemption from liability in an in32 (Va.) Under rules of Interstate Com- terstate contract of carriage, it is not essenmerce Commission formulated under U. S. tial that there be an independent consideration Comp. St. 1901, Supp. 1911, c. 1 (U. S. Comp. or an alternative contract offered.-Canby v. St. 1913, §§ 8563-8604), held that a carrier could Merchants' & Miners' Transp. Co., 85 S. E. not allow a diversion of cars in an unauthorized 361.

manner; that being a preference to the particu-158 (S.C.) A stipulation that the value of lar shipper.-Norfolk Southern R. Co. v. White- goods lost or destroyed should be computed at hurst, 85 S. E. 458. the place of shipment held valid, not being an

attempt to diminish the carrier's liability. Grubbs v. Atlantic Coast Line R. Co., S5 S. E. 405.

283 (Va.) Where bar across door of railway mail car was removed by employé cleaning the car, with mail clerk's acquiescence, and not restored as promised, railroad company held not liable for resulting injuries to the mail clerk. -Washington & O. D. Ry. v. Carter, 85 S. E.

482.

163 (Ga.App.) Where an interstate shipment contract contains a lawful provision for exemption, and it appears that the damage resulted from the exempted cause, the burden is on the shipper to show that the loss was occasion- 303 (Ga.App.) A street car company, in seed by the carrier's negligence.-Canby v. Mer- lecting a reasonably safe place for landing its chants' & Miners' Transp. Co., 85 S. E. 361. passengers, should make such selection with reference to passengers getting off the car while it is at rest.-Bird v. Savannah Electric Co., $5 S. E. 621.

(1) Connecting Carriers. 177 (S.C.) In interstate shipments the initial carrier is liable.-J. S. Pinkussohn Cigar Co. v. Clyde S. S. Co., 85 S. E. 1060.

III. CARRIAGE OF LIVE STOCK.

218 (Ga.) Where a shipper of live stock made no attempt to comply with a special contract of carriage which reduced the carrier's liability and required a written claim of loss before the stock was mingled with other stock,

the carrier is not liable.-Kent v. Central of Georgia Ry. Co., 85 S. E. 1017.

IV. CARRIAGE OF PASSENGERS. (A) Relation Between Carrier and Pas

senger.

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241 (Va.) A railway mail clerk was a "passenger's action for injuries received in alighting 314 (Ga.App.) Petition in a street car passenger," to whom the railroad company owed the duty of exercising the highest degree of care for his safety.-Washington & O. D. Ry. v. Carter, S5 S. E. 482.

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A railway conductor need not carry out a ticket agent's illegal agreement nor allow a passenger to ride on a ticket which would be in violation of law.-Id.

254 (Ga.) A railroad company in selling round-trip tickets at a reduced fare may limit the time in which the coupon for return passage may be used, and after the expiration of that time may refuse to honor the coupon though the passenger offered to pay a sum in addition. Samples v. Georgia & F. Ry. Co., 85 S. E. 1002.

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while the car was in motion held demurrable.Dabbs v. Rome Ry. & Light Co., 85 S. E. 955.

317 (Va.) In railway mail clerk's action for injuries, statutes giving Postmaster General authority to require certain things to be done by & O. D. Ry. v. Carter, 85 S. E. 482. railway company held admissible.-Washington

Postal laws and regulations as to mail cars and equipment, and pamphlet containing specifications for fixtures for mail cars, held properly admitted.-Id.

319 (N.C.) Where a passenger's conduct did not justify his arrest, but the conductor, ordering his arrest, acted in good faith, the carrier was liable for compensatory damages only.Carver v. Carolina, C. & O. Ry. Co., 85 S. E.. 293.

Where a conductor wrongfully and unjustifiably ordered arrest of a passenger, and his act was wanton and malicious, punitive damages could be awarded against the carrier.-Id.

320 (S.C.) Whether a train stopped sufficiently long to allow passengers to alight in safety held for the jury.-Whitworth v. Columbia, N. & L. R. Co., 85 S. E. 402.

(E) Contributory Negligence

Injured.

of Person

339 (S.C.) Where plaintiff negligently alighted from the side opposite the platform, and was thrown by the sudden starting of the train, her negligence was not the proximate cause of the injury, if it would have occurred had she attempted to alight in the regular manner.-Whitworth y. Columbia, N. & L. R. Co., 85 S. E. 402.

340 (S.C.) Where the conductor knew that passengers were alighting on the side opposite the platform, it was negligence for him to start the train before they had had a sufficient length of time to alight in safety.-Whitworth v. Columbia, N. & L. R. Co., 85 S. E. 402.

278 (Ga.) Whether the defendant carrier was guilty of actionable negligence and wheth-347 (S.C.) Plaintiff, who alighted from the er plaintiff by using ordinary care could have avoided being carried beyond her station held a question for the jury.-Fuller v. Western & A. R. Co., 85 S. E. 866.

(D) Personal Injuries.

283 (N.C.) Where a passenger's misconduct justified his arrest, the carrier was not liable for mistreatment of him by police officers, arresting him at request of the conductor.-Car

side of the train opposite the platform, held, in view of the carrier's acquiescence in the custom, not guilty of contributory negligence as a matter of law.-Whitworth v. Columbia, N. & L. R. Co., 85 S. E. 402.

348 (S.C.) In an action for negligence and willfulness, held that the court erred in limiting instruction, that plaintiff could not recover for injuries due to his own fault to the cause of action for negligence.--Watkins v. South

to review any judgment of an inferior court.Young v. Broyles, 85 S. E. 366.

(F) Ejection of Passengers and Intruders. 355 (N.C.) A carrier held liable for the ejection of a passenger holding a mileage book, who 17 (Ga.) Where a demurrer was sustained had been told by the agent that if he missed con- to an application to set aside a judgment of disnection over the short route, he could take the charge of an administrator for fraud, held that longer route, and who offered to surrender mile- a writ of certiorari would lie to correct the age for the difference in fares.-Hallman v. judgment.-Seagraves v. W. E. Powell Co., 85 Southern R. Co., 85 S. E. 298. S. E. 760.

II. PROCEEDINGS AND DETER

MINATION.

357 (S.C.) A railway conductor may lawfully eject a passenger for refusing to pay an extra charge required by railways where pas sengers have failed to get tickets. Sanders v.36 (Ga.App.) The right of certiorari, if Atlantic Coast Line R. Co., 85 S. E. 167.

the remedy is pursued in due time, is unaffected by anything which may have transpired in the lower court.-Young v. Broyles, 85 S. E. 366. The right of certiorari may be exercised without moving for new trial, or may be used to review a judgment or motion for new trial.-Id.

358 (S.C.) Where a mileage contract provided that coupons therefrom would not be accepted on trains in place of tickets, the refusal of a railway conductor to accept such coupons and the ejection of the passenger offering them did not make the carrier liable.-Sanders v. At-40 (Ga.) Under Civ. Code 1910, §§ 4365, lantic Coast Line R. Co., 85 S. E. 167.

363 (Ga.) While one without a ticket may be at once ejected, the carrier is liable for damages if, owing to special circumstances as to time, place, sex, or infirmity of the person, the ejection at a particular place was improper.Samples v. Georgia & F. Ry. Co., S5 S. E. 1002. 380 (Ga.) Petition in a passenger's action for being ejected from a train at the last stopping point before her intended destination held demurrable.-Southern Ry. Co. v. Bailey, 85 S.

E. 847.

5188, held that an application for a writ of curtiorari was filed in time where the judgment complained of was dated November 19th, and the writ was sanctioned November 29th, and filed January 2d with the clerk of the superior court.-Seagraves v. W. E. Powell Co., 85 S. E. 760.

43 (Ga.App.) That the trial magistrate certifies that all costs have been paid by the petitioner and that he has given bond as required by law is not a sufficient substitute for the approval of the bond required, and certiorari was properly dismissed.-Lester v. Cone, 85 S. E. 766.

382 (N.C.) In an action for the ejection of a passenger who had been misled by the carrier's agent, the jury can consider, in awarding dam-44 (Ga.App.) Refusal to sanction the petiages, plaintiff's loss of time, extra hotel bill, and tion for certiorari held not error, where, though humiliation.-Hallman v. Southern R. Co., 85 the evidence was somewhat uncertain and unS. E. 298. satisfactory, there was some evidence to support the finding.-Rosenbusch v. Lester Book & Stationery Co., 85 S. E. 675.

(G) Passengers' Effects.

389 (S.C.) An interstate passenger is bound to take notice of the rules and regulations as to the transportation of baggage filed with and approved by the Interstate Commerce Commission.-Harris v. Southern Ry. Co., 85 S. E. 158.

3972 (S.C.) Carrier's liability for destruction of passenger's trunk, as an insurer, was not terminated where the trunk was left overnight in the depot after arrival at destination. -Harris v. Southern Ry. Co., 85 S. E. 158.

405 (S.C.) A passenger failing to declare the value of a trunk checked as baggage can recover only the amount limited by the rate schedules in case of its destruction.-Harris v. Southern Ry. Co., 85 S. E. 158.

CATTLE GUARDS.

See Railroads, 103.

CAUSA MORTIS.

See Gifts, 53-80.

CERTAINTY.

See Contracts, 9.

CERTIFICATE.

See Acknowledgment, 25, 44; Boundaries,

36.

CERTIORARI.

See Courts, 190; Criminal Law, 1071-10812, 1132; Habeas Corpus,

54 (Ga.) Where the answer of the ordinary to a writ of certiorari states incorrectly the facts shown on the trial, or erroneously fails to contain proper pleadings, the party complaining thereof should except, and not move to dismiss the petition for certiorari.-Marchman v. Brown, 85 S. E. 99.

60 (Ga.) A motion to dismiss a writ of certiorari on the ground that appeal was the proper remedy held not to raise the question whether the applicant had filed written exceptions which had been overruled before he applied for the writ.-Seagraves v. W. E. Powell Co., 85 S. E. 760. CHALLENGE.

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CHATTEL MORTGAGES.

I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Transfers of Chattels as Security.

1005, 114;12 (Ga.) Notwithstanding Civ. Code 1910, § Justices of the Peace, 135, 206; Land- 3349, there can be no mortgage on a crop until lord and Tenant, 316; Municipal Corporations, 642.

I. NATURE AND GROUNDS. 14 (Ga.App.) Under Const. art. 6, § 4, par. 5 (Civ. Code 1910, § 6514), certiorari is available

it is planted.-Bank of Cusseta v. Ellaville Guano Co., 85 S. E. 119.

(B) Form and Contents of Instruments. 47 (Ga.App.) The requirement that a chattel mortgage specify the property does not require

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER

such a description as will identify the property
without the aid of parol evidence.-Gatlin v.
Ed Matthews & Co., 85 S. E. 953.

IV. RIGHTS AND LIABILITIES OF
PARTIES.

COLLATERAL ATTACK.

See Judgment, ~470-518.

COLOR OF TITLE.

See Adverse Possession, 75-103.

COMMERCE.

See Carriers, 32, 154, 163, 177, 251, 389.

172 (S.C.) In claim and delivery for person-
al property under a past due chattel mortgage,
evidence showing payinent of a real estate mort-
gage before the execution of the chattel mort-
heid erroneously excluded.-Fairey
gage
Haynes, 85 S. E. 1063.
Evidence showing the improper application I. POWER TO REGULATE IN GEN-
of a payment made by defendant held erro-
neously excluded.-Id.

VII. REMOVAL OR TRANSFER OF
PROPERTY BY MORTGAGOR.

V.

ERAL.

8 (S.C.) Statutory penalty, under Code Civ.
Proc. 1912, § 2571, held not recoverable for re-
fusing to deliver interstate shipment without
payment of demurrage; that statute having
(3) Criminal Responsibility.
been superseded by the commerce act.-Fennell
232 (Ga.App.) An indictment for selling Infirmary v. Southern Ry. Co., 85 S. E. 237.
mortgaged personalty, described as "one bull 8 (S.C.) Though the pleadings of neither
five years old," held not supported by proof asserted any right or immunity under the fed-
that defendant sold "a red but-headed bull."-eral Employers' Liability Act, either party to
Gibson v. State, 85 S. E. 199.

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E. 354.

a death action may claim the benefit of the
statute, so long as the evidence showing its
applicability, which was received without ob-
jection, remains in the record.-Koennecke v.
Seaboard Air Line Ry., 85 S. E. 374.

8 (S.C.) Congress has, by Act June 18, 1910,
§§ 1, 14, and Act June 29, 1906, §§ 1, 7. amend-
ing Act Feb. 4, 1887, §§ 1, 20, so far taken over
the subject of a carrier's liability for loss or
damage to interstate shipments as to invalidate
Civ. Code, S. C. 1912, § 2573, subjecting ter-
minal carriers to a penalty for failure to pay
promptly claims for damages to an interstate
shipment.-Spence v. Southern Ry. Co., 85 S. E.
1058.

283 (Ga.App.) Unless an execution issued
on foreclosure is arrested by a counter affidavit,
it is a "final process."-Collier v. Blake, 85 S. 8 (S.C.) The act imposing a penalty of $50
284 (Ga.App.) A claimant of mortgaged stipulated time is invalid in so far as it applies
upon carriers for failure to pay claims within a
property levied on, held not entitled to amend to interstate carriers.-J. S. Pinkussohn Cigar
his claim to allege that the mortgagor was not Co. v. Clyde S. S. Co., 85 S. E. 1060.
indebted to the mortgagee.-Collier v. Blake, 859 (Va.) The Webb-Kenyon Act, prohibiting

S. E. 354.

286 (Ga.App.) Omissions or irregularities
of the sheriff at a sale by him held not charge-
able to the buyer, but are questions between
the sheriff and the parties to the judgment.
Parr & Wood Furniture Co. v. Barnett, 85 S.
E. 823.

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shipment of liquor into a state for illegal pur-
thority of Congress to regulate commerce.-
poses, is a valid exercise of the legislative au-
Taylor v. Commonwealth, 85 S. E. 499.

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COMPENSATION.

individual responsibility if no conspiracy was
shown.-Ratcliffe v. Walker, 85 S. E. 575.

(B) Actions.

See Agriculture, 15; Attorney and Client,
143, 190; Auctions and Auctioneers,
10; Brokers, 40-86; Eminent Do-
main, 69-141; Executors and Adminis-19 (Va.) In an action for alienation against
trators, 495; Master and Servant, 68,
70-80; Partnership, 83; Principal and
Agent, 81, 89.

COMPETENCY.

the parents, brothers, and sister of a wife who
had separated from her husband, evidence held
sufficient to sustain a verdict against all the
defendants on the ground that there was a com-
mon understanding and design to procure_a_sep-
aration.-Ratcliffe v. Walker, 85 S. E. 575.

See Evidence, 151, 155; Jury, 90-116; 21 (Va.) In an action by a husband against
Witnesses, 37-150.

the relatives of his wife for alienation of her
affections, whether the defendants or any of
them advised the wife to separate, or solicited,

COMPOSITIONS WITH CREDITORS. compelled, or threatened to that end, or enter-

See Compromise and Settlement.

COMPROMISE AND SETTLEMENT.

See Evidence, 213; Payment; Trial,
239, 250.

23 (W.Va.) Settlement by a defaulting cor-
porate officer will not be inferred from mere
payments on account and representations of
the officer that he has fully made up the short-
age.-Wait v. Homestead Building Ass'n, 85 S.
E. 637.

COMPUTATION.

See Limitation of Actions, 46-102.

CONCLUSION.

See Evidence, 471; Pleading, 8.

CONDEMNATION.

See Eminent Domain.

CONDITIONAL SALES.

See Sales, 461-472.

CONDITIONS.

See Deeds, 144, 155.

CONFESSION.

See Criminal Law, 516–535.

CONFLICT OF LAWS.

tained any malice toward the plaintiff, held for
the jury under the evidence.-Ratcliffe v. Walk-
er, 85 S. E. 575.

CONSTITUTIONAL LAW.

See Certiorari, 14; Counties, 173; Crim-
inal Law, 162-186, 393; Drains, C2,
67; Elections, 63; Husband and Wife,
303; Indictment and Information,
172; Insane Persons, 32; Interest,
29; Intoxicating Liquors, 259; Jury,
12-35; Justices of the Peace, 53; Mu-
nicipal Corporations, 911; Notaries,
2; Officers, 19; Railroads,
Schools and School Districts, 91; Stat-
utes, 76-98, 116, 117, 138; Taxation,
113, 452; Towns, 52; Trial, 29, 194.

229;

II. CONSTRUCTION, OPERATION,
AND ENFORCEMENT OF CON-
STITUTIONAL PROVISIONS.

17 (W.Va.) A constitutional provision de-
rived from the common law and contained in
other Constitutions, must be interpreted in the
light of the common law and the general judi-
cial acceptation of its meaning, where it has
received a settled construction prior to its adop-
tion.-Ex parte Bornee, 85 S. E. 529.

26 (S.C.) The Constitution of the state is
a restraint of power, and the Legislature may
enact any laws not prohibited.-Fripp v. Co-
burn, 85 S. E. 774.

42 (Ga.) Defendant in proceedings to abate
a blind tiger nuisance under Civ. Code 1910, §
5335, cannot question the constitutionality of
sections 5336, 5337, for proceedings against
unknown owners.-Eliopolo v. Stubbs, 85 S. E.

See Marriage, 3; Telegraphs and Tele- 853; Leaf v. Same, Id. 855.
phones, 27; Usury, m2.

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45 (N.C.) The courts have power and it is
their duty in a proper case to declare an act
of the Legislature unconstitutional.-Bickett v.
Knight, 85 S. E. 418.

46 (Ga.) Grounds of attack upon the consti-
tutionality of a statute will not be considered,
where they do not point out the provision al-
leged to have been violated.-Almand v. Pate,
85 S. E. 909.

48 (S.C.) In determining whether a general
law can be made applicable, the court will in-
indulge every reasonable presumption and solve
every reasonable doubt in favor of its validity.-
Thomas v. Spartanburg Ry., Gas & Electric
Co., S5 S. E. 50.

2 (Va.) In action by a husband against
near relatives of his wife for conspiracy to
alienate her affections, he need not prove that
the defendants formally agreed to effect a sep-48 (S.C.) An act authorizing the issuance
aration by common means, it being sufficient of township bonds cannot be presumed invalid
if it was shown that the defendants by their on the theory that they would exceed the lim-
acts pursued the same object.-Ratcliffe v.
Walker, 85 S. E. 575.

14 (Va.) In a husband's action against the
relatives of his wife for conspiring to alienate
her affections, a recovery might be had against
two or more of the defendants if conspiracy
was proved, and against any one or more for

it fixed by Const. art. 10, § 5, where there was
no proof to that effect.-Fripp v. Coburn, 85
S. E. 774.

48 (Va.) A statute will not be declared un-
constitutional unless its repugnancy to the Con-
stitution is palpably plain.-Taylor v. Common-
wealth, 85 S. E. 499.

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