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RELEASE.

See Bail, 62, 75; Corporations, 247; See Insurance,

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213; Trial,

RISKS.

455; Master and Servant, 296. RIVERS.

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VI. PROCEEDINGS TO PROCURE AND See Court Rules Cited.

EFFECT OF REMOVAL.

SAFE PLACE TO WORK.

86(3) (U.S.C.C.A.) Allegation that defendant corporation was citizen of a state other than that of plaintiff's citizenship, residing in that See Master and Servant, 118. state, with no allegation that it was organized under laws of that state, is insufficient to sustain the federal court's jurisdiction after remov

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SAFETY APPLIANCE ACTS.

al.-Fentress Coal & Coke Co. v. Elmore, 254. See Railroads, 229.

VII. REMAND OR DISMISSAL OF
CAUSE.

SALES.

Bankruptcy, 140, 346; 426; Intoxicating Liq

See Admiralty;
Bills and Notes,
uors; Pledges, 56.

103 (U.S.C.C.A.) Petition for removal, defective because not alleging organization of corporation, may be amended after judgment for plaintiff, and such judgment will be reversed, with directions that it be re-entered, if the plaintiff amends his declaration, so as to cure the defect.-Fentress Coal & Coke Co. v. El-4(1) (U.S.C.C.A.) A more, 254.

RENT.

See Mines and Minerals, 56.

REPEAL.

See Statutes, 159, 162.

See Criminal Law,

REQUESTS.

829; Trial, 255.

RES GESTÆ.

See Criminal Law, 366; Evidence,

RES IPSA LOQUITUR.

See Master and Servant, 265.
RESTRAINT OF TRADE.

See Monopolies.

RETIRING PARTNERS.

See Partnership, 237-242.

REVENUE.

See Internal Revenue.

REVENUE LAWS.

See Statutes, 245.

REVIEW.

See Appeal and Error.

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271 (U.S.C.C.A.) Where sale is by sample, law implies warranty that bulk of goods is equal in quality to sample.-D. H. Watjen & Co. v. Louisville Tobacco Warehouse Co., 605.

VIII. REMEDIES OF BUYER.

(A) Recovery of Price. 121.397 (U.S.C.C.A.) Where

defendants contended that their hop crop was improperly rejected, testimony that grading of hops by inspectors varied was admissible.-Wolf v. Edmunson, 89.

(C) Actions for Breach of Contract.

422 (U.S.C.C.A.) In an action for breach of a contract for the sale of cotton pickings, in which the jury was correctly instructed as to measure of damages, evidence held not to entitle plaintiff to have the verdict set aside, as not based on the evidence, but the result of a compromise.-N. P. Sloan Co. v. Uncasville Mfg. Co., 478.

(D) Actions and Counterclaims for Breach of Warranty.

437(1) (U.S.C.C.A.) In action by buyer of tobacco for damages on ground that it did not equal sample, evidence of express warranty held admissible under pleadings, being alleged in reply though not in petition.-D. H. Wat

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

jen & Co. v. Louisville Tobacco Warehouse Co., | er.-American Warehouse & Trading Co. v. Da605. vision Lumber Co., 162.

440(2) (U.S.C.C.A.) In action by buyer of tobacco sold by sample, evidence that defendant's representative was part owner of the tobacco held admissible on questions of express warranty.-D. H. Watjen & Co. v. Louisville Tobacco Warehouse Co., 605.

SPECIFIC PERFORMANCE.

II. CONTRACTS ENFORCEABLE. 53 (U.S.C.C.A.) Where through misrepre 445(2) (U.S.C.C.A.) Where seller of tobac- sentations of the broker that he was financially co contended that sale was made without war- responsible and would at any time within a ranty because under rules of tobacco exchange, year relieve him of his purchase defendant was but buyer made contrary contentions, question induced to contract to purchase land, specifie was for jury, and instruction that sale was gov-performance of the contract will not be decreed. erned by said rules was error.-D. H. Watjen & -Grieson v. Winey, 489. Co. v. Louisville Tobacco Warehouse Co., 605.

IX. CONDITIONAL SALES.

460 (U.S.C.C.A.) In absence of statute, conditional sale may be verbal.-Shook v. Levi,

157.

479(7) (U.S.C.C.A.) One claiming that sale is conditional has burden of proving it by preponderance of evidence.-Shook v. Levi, 157.

had been listed for sale, misrepresented his Where a real estate broker, with whom land financial responsibility, and by agreeing to relieve defendant of his purchase at any time within a year induced him to contract to purchase land, fraud of broker cannot be isolated from principal contract, so as to authorize specific performance at suit of owner.-Id.

STATUTE OF LIMITATIONS.

Acceptance of notes for balance due on purchase price of chattels is not conclusive evi- See Limitation of Actions. dence that sale was absolute, and not conditional, although it is fact to be considered in determining question.-Id.

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STATUTE OF USES.

See Trusts, 131.

STATUTES.

For statutes relating to particular subjects, see the various specific topics.

V. REPEAL, SUSPENSION, EXPIRA-
TION, AND REVIVAL.

159 (U.S.C.C.A.) Repeal by implication is not favored and may be lawfully inferred only when the later statute is so repugnant to or inconsistent with the earlier one that it is clear the legislative body must have intended to repeal the former.-Witte v. Shelton, 191.

162 (U.S.C.C.A.) Specific legislation on a particular phase of a subject is not affected by a subsequent law relating to the general subject which neither refers to the earlier law nor is repugnant to nor inconsistent with it.-Witte v. Shelton, 191.

VI. CONSTRUCTION AND OPERA

TION.

(A) General Rules of Construction.

that it is wholly unsafe as an aid to statutory of a comma in a statute is so nearly fortuitous interpretation. Erie R. Co. v. United States,

50 (U.S.C.C.A.) A charterer, who contracts for wharfage for the vessel, without disclosing that he is acting for any one else, is liable there-200 (U.S.C.C.A.) The presence or absence for, although by the terms of the charter, as between him and the owners, the liability is primarily on the latter.-American Warehouse & Trading Co. v. Davison Lumber Co., 162. XI. LIMITATION OF OWNER'S LIABILITY.

207 (U.S.C.C.A.) Under Act Cong. June 26, 1884, § 18, limiting the liability of vessel owners for debts and liabilities of the vessel, the exemption does not extend to contracts made personally by or with the consent of a part own

64.

(B) Particular Classes of Statutes.

245 (U.S.C.C.A.) Revenue statutes, though imposing penalties and forfeitures, are not to be construed like penal laws, but the legislative intention must be deemed to be the providing of revenue.-Lowe v. Farbwerke-Hoechst Co.,

469.

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1898, July 1, ch. 541, § 67, 30 Stat. 564 466
1898, July 1, ch. 541, § 67d, f, 30 Stat. 564 349
1898, July 1, ch. 541, § 68a, 30 Stat. 565 55
1900, April 12, ch. 191, 31 Stat. 77..
182
1903, Feb. 5, ch. 487, § 4, 32 Stat. 797.. 490
1903, March 2, ch. 976, 32 Stat. 943.
1905, Feb. 24, ch. 778, 33 Stat. 811...
1907, Feb. 20, ch. 1134, § 3, 34 Stat. 899.
Amended by Act 1910, March 26, ch.
128, § 2, 36 Stat. 264..

64

326

.316, 318

1907, Feb. 20, ch. 1134, §§ 20, 21, 43, 34
Stat. 904, 905, 911..

294

1907, March 4, ch. 2939, §§ 2, 3, 34 Stat.
1416

241

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535

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274b added by Act 1915, March 3, ch.
90. 38 Stat. 956....

387

§§ 289-291

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290

1909. March 4, ch. 321, § 238, 35 Stat.

1136

191

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1884, June 26, ch. 121, § 18, 23 Stat. 57..
1887, Feb. 4, ch. 104, § 14, 24 Stat. 384.. 307
1888, Sept. 13, ch. 1015, § 13, 25 Stat. 479 294
1891, March 3, ch. 561, § 15, 26 Stat. 1101 200
1892, May 5, ch. 60, § 3, 27 Stat. 25..267, 471
1893, March 2, ch. 196, 27 Stat. 531.
Amended by Act 1896, April 1, ch. 87, 29
Stat. 85; Act 1903, March 2, ch. 976, 32
Stat. 943; Act 1910, April 14, ch. 160,
36 Stat. 298.

64

Stat. 1167

1911, March 3, ch. 231, §§ 289-291, 36
1913, March 1, ch. 90, 37 Stat. 699.
1913, Oct. 3, ch. 16, 38 Stat. 166.
1914, Jan. 17, ch. 10, 38 Stat. 277.
1914, Dec. 17, ch. 1, 38 Stat. 785.
1914, Dec. 17, ch. 1, § 6, 38 Stat. 789.
1915, March 3, ch. 90, 38 Stat. 956.

1894, Aug. 13, ch. 280, 28 Stat. 278.
Amended by Act 1905, Feb. 24, ch. 778,
33 Stat. 811..
1895, March 1, ch. 145, 28 Stat. 693.
1896, April 1, ch. 87, 29 Stat. 85.
1897, June 7, ch. 4, § 1, 30 Stat. 101.
1898, July 1, ch. 541, 30 Stat. 544...236, 435 § 914
1898, July 1, ch. 541, § 5g, 30 Stat. 547..
1898, July 1, ch. 541, § 14b(2), 30 Stat.
550. Amended by Act 1903, Feb. 5, ch.
487, § 4, 32 Stat. 797..

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1898, July 1, ch. 541, § 25a, 30 Stat. 553 336
1898, July 1, ch. 541, § 25a(3), 30 Stat.
553
1898, July 1, ch. 541, § 29b, 30 Stat. 554 635
1898, July 1, ch. 541, § 47a(2), 30 Stat.
557. Amended by Act 1910, June 25,
ch. 412, § 8, 38 Stat. 840..
1898, July 1, ch. 541, § 57k, 30 Stat. 560 137 § 4317

§§ 1266–1268

290

§ 1537

439

44

8 1587

.200, 493

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.44, 281

$$ 4269, 4270
§§ 4289, 4313

294

294

.267, 471

1898, July 1, ch. 541, § 60, 30 Stat. 562.. 466 §§ 6319, 6324, 6325, 6327.
1898, July 1, ch. 541, § 60a, 30 Stat. 562 55 § 6923

463

326

1898, July 1, ch. 541, § 64b, 30 Stat. 563 349 § 7730, subd. h.

615

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

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For review of rulings at trial, see Appeal and
Error.

VI. TAKING CASE OR QUESTION
FROM JURY.

264 (A) Questions of Law or of Fact in Gen-
eral.

See Bankruptcy, 346; Internal Revenue;
Municipal Corporations, 978.

TELEGRAPHS AND TELEPHONES.
See Conspiracy, 27.

TERRITORIES.

32 (U.S.C.C.A.) The government of Porto
Rico. by voluntarily becoming a party to a suit
involving its interest, waives its right to im-
munity from being sued without its consent.-
Veitia v. Fortuna Estates, 182.

See Payment.

TIME.
TORTS.

See Action; Collision; Death; Frauds, Stat-
ute of; Insurance, 93; Limitation of Ac-
tions, 55; Master and Servant, 315;
Negligence; Trover and Conversion.

TOWNS.

See Municipal Corporations.

139(1) (U.S.C.C.A.) Where plaintiff's evi-
dence creates a presumption entitling it to re-
cover, an averment in the answer denying the
presumed facts does not justify taking the case
from the jury.-Standard Trust Co. of New
York v. Commercial Nat. Bank, 229.

139(1) (U.S.C.C.A.) A verdict can be di-
rected for defendants only when no recovery
can be had by plaintiff upon any view which can
properly be taken of the facts, with all infer-
ences that the jury could justifiably draw there-
from.-McCarthy v. New York, N. H. & H. R.
Co., 406.

142 (U.S.C.C.A.) Where different infer-
ences might be drawn from letters and cable
messages as to the application of the proceeds
of a draft, and there was conflicting evidence as
to a statement by plaintiff's agent, the question
was for the jury, not for the court.-Swiss Bank-
verein v. Zimmermann, 123.

143 (U.S.C.C.A.) Where plaintiff's evidence
warranted a presumption which entitled it to
recover, evidence by defendant contradicting the
presumption does not entitle defendant to a
directed verdict, but merely raises an issue for
the jury.-Standard Trust Co. of New York v.
Commercial Nat. Bank, 229.

(D) Direction of Verdict.

168 (U.S.C.C.A.) In a proper case, the trial
judge, in the exercise of a sound discretion, may
direct a verdict, and if in such case a motion is

made for directed verdict, it is error to refuse

it.-McCarthy v. New York, N. H. & H. R.
Co., 406.

178 (U.S.C.C.A.) In disposing of motion for
directed verdict, trial court must accept evidence
as most favorable to party against whom mo-
tion is made, and deny it, if reasonable men may
honestly draw different conclusions.-Leahy v.
Detroit, M. & T. Short Line Ry., 118.

VII. INSTRUCTIONS TO JURY.
(A) Province of Court and Jury in Gen-

eral.

194(1) (U.S.C.C.A.) In personal injury ac-
tion, where plaintiff's testimony concerning cause
of injury was somewhat improbable, denial of re-
quested charge that, if some of his statements
were contrary to physical laws, verdict must be
rendered for defendant, held proper; all ques-
tions of probability being left to jury.-Dela-
ware, L. & W. Ry. Co. v. Tuovinen, 476.

(E) Requests or Prayers.

255(5) (U.S.C.C.A.) Where the parties were
represented at the trial by counsel, it is not er-

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

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