In criminal prosecutions, see "Criminal Law," right of way held not against public policy.§ 7.

expenses, the company is interested, and may answer a petition for appointment of commissioners to determine the damages to be paid for such change.-In re Grade-Crossing Com'rs of City of Buffalo (N. Y.) 706.

Laws 1897, c. 754, § 64, requires a railroad company to maintain the framework of a highway bridge existing at the time of the passage of the act, and the municipality to maintain the roadbed of such a bridge. Bush v. Delaware, L. & W. R. Co. (N. Y.) S38.

§ 4. Indebtedness, securities, liens, and mortgages.

Natural persons held authorized to acquire franchises of a corporation at foreclosure sale, and transmit to another corporation authorized to exercise them.-Parker v. Elmira, C. & N. R. Co. (N. Y.) 81.

Lien of mortgage on railroad covering afteracquired property attaches subject to all liens existing at the time of acquisition of the property-Reed v. Ginsburg (Ohio) 738; Same v. Blodgett, Id.

A city ordinance making it the duty of persons in charge of a moving locomotive to ring a bell, and providing that no train shall be run backward without a watchman on the rear, is valid, under Burns' Rev. St. 1894, § 3541, cl. 42, and applies to a private switch yard of a railroad company.-Baltimore & O. S. W. Ry. Co. v. Peterson (Ind. Sup.) 1044.

mitted in evidence to show a public way.Nickerson v. New York, N. H. & H. R. Co. (Mass.) 636.

A person injured at a railroad crossing by a defect therein cannot recover without giving the railroad notice thereof, as required by Pub. St. c. 52, §§ 18, 19.-Nickerson v. New York, N. H. & H. R. Co. (Mass.) 636.

railroad for an injury received at a street crossA directed verdict in an action against a ing held, under the evidence, to be erroneous. St. John v. New York Cent. & H. R. R. Co. (N. Y.) 3.

Where plaintiff's warehouse was set on fire by sparks from defendant's locomotive, it was not necessary that plaintiff should prove particular defects or a particular act of negligence. --Peck v. New York Cent. & H. R. R. Co. (N. Y.) 206.

That plaintiff's warehouse was set on fire by sparks from defendant's locomotive held not sufficient to authorize recovery, in the absence of proof of negligence in the management or condition of the engine.-Peck v. New York Cent. & II. R. R. Co. (N. Y.) 206.

Where plaintiff's warehouse was set on fire by sparks from defendant's locomotive, the emission of sparks unusual in quantity or character held to justify jury in inferring negligence.Peck v. New York Cent. & H. R. R. Co. (N, Y.) 206.

Question of contributory negligence in action for injuries at crossing held for the jury.-Henavie v. New York Cent. & H. R. R. Co. (N. Y.) 901.

In an action for personal injuries, question whether a brakeman who assaulted plaintiff was acting in the line of his employment was for the (N. Y.) 921. jury. Girvin v. New York Cent. & H. R. R. Co.

RAPE.

Liability of infant for assault with intent to rape, see "Infants," § 2.

§ 1. Prosecution and punishment. A railroad company's failure to obey a city Evidence held insufficient to sustain a conordinance requiring the bell on a moving loco-viction of assault with intent to rape.-Hollismotive to be rung, and that a train running ter v. State (Ind. Sup.) 847.

backward shall have a watchman on the rear,

is negligence per se.-Baltimore & O. S. W. Ry.

Co. v. Peterson (Ind. Sup.) 1044.

§ 1.

RATIFICATION.

When defendant's negligence is such that it Of act of attorney, see "Attorney and Client," might throw an ordinarily prudent person off his guard, the question of plaintiff's contributory negligence is for the jury.-Wabash R. Co. v. Biddle (Ind. App.) 284.

REAL ACTIONS.

In an action under Horner's Rev. St. 1897, §§ See "Ejectment." 4098a, 4098b, to recover from a railroad company for fencing land abutting on its right of way, the complaint does not state a cause of action if it fails to negative the exceptions of

REAL-ESTATE AGENTS.

the statute.-Evansville & I. R. Co. v. Butts See "Brokers.” (Ind. App.) 1070.

REBUTTAL.

A complaint in a proceeding in the circuit court, under Burns' Rev. St. 1894, § 5317, to en- Evidence, see "Trial," § 2. force a justice's judgment against a railroad company for injuries to stock, held insufficient on demurrer.-Chicago & S. E. Ry. Co. v. Adams (Ind. App.) 1087.

A proceeding in the circuit court, under Burns' Rev. St. 1894, § 5317, to enforce a justice's judgment against a railroad company for injuries to animals on track, is an original action, and the complaint therein may be tested by demurrer.-Chicago & S. E. Ry. Co. v. Adams (Ind. App) 1087.

In an action against a railroad for injuries at a defective crossing, the public records of the county commissioners dealing therewith under Pub. St. c. 112, § 123, were properly ad

RECEIVERS.

Finality of order appointing receiver, see "Appeal and Error," § 2.

Of corporations in general, see "Corporations," $ 5.

1. Actions.

Under the employer's liability act (Horner's Rev. St. § 5206s et seq.) an action may be maintained by a deceased servant's representative against the receiver of a railroad company by whose negligence intestate was killed.-Hunt v. Conner (Ind. App.) 50.

RECEIVING STOLEN GOODS.

In an indictment under Pen. Code, § 550, for receiving stolen property, the use of the word "feloniously" was not equivalent to charging that defendant "knowingly" received the property.-People v. Hartwell (N. Y.) 929.

Under Code Cr. Proc. §§ 278, 279, it was error, in indictment under Pen. Code, § 550, to charge defendant in a single count with receiving stolen property and with concealing and withholding same.-People v. Hartwell (N. Y.)

929.

§ 2. Pleading, evidence, trial, and review.

The question whether the promisee's acceptance of notes and mortgages from one to whom he had furnished goods on another's promise to pay for them amounted to a release of the latter's obligation held properly left to the jury.

Under Pen. Code, § 550, an indictment for re--Lusk v. Throop (Ill.) 529. ceiving stolen property and concealing and withholding the same was fatally defective for omitting to charge that defendant had knowledge and acted for reward.-People v. Hartwell (N. Y.) 929.

Under Pen. Code, § 550, creating the offense of "criminally receiving" stolen property, it was error for an indictment to designate the crime as "knowingly receiving" stolen property.-People v. Hartwell (N. Y.) 929.

RECORDS.

See "Chattel Mortgages"; "Judgment," § 2.
Abstract for purpose of review, see "Appeal
and Error," §§ 11-16.

As evidence, see "Evidence," § 6.
Transcript on appeal or writ of error, see "Ap:
peal and Error," §§ 11-16; "Criminal Law,"
10.

REDEMPTION.

From mortgage, see "Mortgages," § 5.
From tax sales, see "Taxation, § 8.

REFERENCE.

To master or commissioner in equity, see "Equity," § 3.

1. Report and findings.

RELEVANCY.

Of evidence in civil actions, see "Evidence," § 2.

RELIGIOUS SOCIETIES.

Exemption from taxation, see "Taxation," § 2.

The supreme tribunal of a religious denomination will be enjoined from expelling a member of a local congregation for alleged spiritual offenses, when it appears that such tribunal has not been organized in conformity with the organic law of the church.-Hatfield v. De Long (Ind. Sup.) 483.

REMAINDERS.

Effect of limitations against life tenant, see "Limitation of Actions," § 2.

REMAND.

Of cause on appeal or writ of error, see "Appeal and Error," § 29.

REMITTITUR.

Of cause on appeal or writ of error, see "Appeal and Error," § 29.

REMOVAL OF CAUSES.

Where plaintiff abandoned the contract and sought recovery on the common counts, the referee's report, which contained a statement of facts, that he found for defendant if the court was of the opinion that the action could be maintained, held to submit the question of Change of venue or place of trial, see “Venue,”

plaintiff's right to recover on a quantum meruit. -Gillis v. Cobe (Mass.) 455.

A general finding that plaintiff had complet

$ 1.

REMOVAL OF CLOUD.

ed a building contract except in a certain par- See "Quieting Title."
ticular held not to annul a special finding that
he had failed to perform it in another particu-
lar.-Gillis v. Cobe (Mass.) 455.

§ 1. Right of action and defenses.
Reformation of contract held properly denied;
it being unambiguous, and there being no evi-
dence that it was the result of mistake or pro-
cured by fraud.-Whitworth v. Lowell (Mass.) Of highway, see "Highways," § L ·
760.

REHEARING.

See "New Trial."

REPEAL.

Of statute, see "Statutes," § 4.

from him by process which is legal as to him, of action, see "Abatement and Revival,” § 2. and not by any voluntary act on his part.-Sinnott v. Feiock (N. Y.) 265.

§ 2. Proceedings for taking and rede- Of railroads, see "Railroads," § 2.

2. Modification or rescission of contract.

Whether an offer to return corporate stock on rescission of contract was made promptly is a question for the jury, and a finding that it was so made will not be set aside; there being evidence that the stock was worthless at and prior to the commencement of the action.-Heintz v. Mueller (Ind. App.) 414.

A purchaser cannot maintain replevin for goods alleged to have been procured by fraud, while retaining part of the purchase money and a note accepted in payment of the balance. John H. Hibben Dry-Goods Co. v. Hicks (Ind. App.) 938.

on a sufficient petition therefor, is final, and cannot be reviewed by the courts.-Hamilton v. Frette (Ill.) 588.

to a school township trustee, and used in the Where plaintiff sues to recover money loaned erection of a school house, and there is no finding as to the time when the money was so used, interest from the time of the loan cannot be recovered.-White River School Tp. v. Dorrell (Ind. App.) 867.

school township, which is used in erecting a One who loans money to the trustee of a school house, may recover the amount thereof from the township.-White River School Tp. v. Dorrell (Ind. App.) 867.

A state certificate being sufficient to authorin New York City, he could not be dismissed because of the expiration of a license from the New York City superintendent of schools, and might recover salary for time after such atcation of City of New York (N. Y.) 300. tempted dismissal.-Steinson v. Board of Edu

§ 3. Performance of contract. Where plaintiff contracted to ship cranber-ize plaintiff's employment as a school teacher ries to California, the refusal of an instruction as to character of berries to be shipped held erroneous under the evidence.-Cape Cod Cranberry & Sales Co. v. Whitney (Mass.) 70. Where goods were sent to defendants by mistake, and plaintiffs wrote that they might keep them at a certain price on immediate payment, and, if not, to return them at once, defendants, by silence and failure to return within a reasonable time, accepted the offer.Wheeler v. Klaholt (Mass.) 756.

Plaintiff's delivery of the goods ordered held sufficient to entitle him to maintain an action for them as for goods sold and delivered.-Dr. A. P. Sawyer Medicine Co. v. Johnson (Mass.) 1022.

$ 4. Remedies of seller.

Where plaintiffs agreed to sell defendants five cars of eggs, one to be shipped on Tuesday, and the balance the following Wednesday and Thursday, and plaintiffs shipped three cars Tuesday, three Thursday, and one Friday, consigned to themselves, evidence that plaintiffs had contracted to sell two cars to other parties was not admissible to show that they did not have the power to dispose of the eggs when they arrived.-Coyne v. Avery (Ill.) 788.

5. Remedies of buyer.

The question whether a breach of warranty of sale has been waived is for the jury.Brummett v. Nemo Heater Co. (Mass.) 58.

The flues furnished by the purchaser of a heating plant held a sufficient compliance with the contract to prevent a defense, to an action for breach of warranty of the plant, that the purchaser had not furnished flues according to contract.-Brummett v. Nemo Heater Co. (Mass.) 58.

Evidence is not admissible, in an action for the breach of warranty of a heating system, that the system worked well when installed in other houses.-Brummett v. Nemo Heater Co. (Mass.) 58.

Of judgment, see "Judgment," § 10.

SEAMEN.

The additional month's wages of seamen wrongfully discharged, provided by Rev. St. U. S. § 4527, is not a penalty, or governed by Id. § 711, cl. 2, but may be recovered in a state court.-Calvin v. Huntley (Mass.) 435; Treu v. Same, Id.

The right of seamen to maintain actions at common law in the state courts to recover their wages is expressly preserved by Rev. St. U. S. § 4547.-Calvin v. Huntley (Mass.) 435; Treu v. Same, Id.

The practice and pleadings prescribed by a state in regard to counterclaims cannot apply to a case under a federal statute which proSCHOOLS AND SCHOOL DISTRICTS. vides for a forfeiture to be recovered by a sep

§ 1. Public schools.

An order creating a new school district out of all the territory of one district and parts of adjacent districts can be made on a petition! conforming to the third clause of 3 Starr & C. Ann. St. 1896, p. 3663, c. 122, § 48.-Hamilton v. Frette (Ill.) 588.

A decision rendered by the county superintendent of schools and the county judge on an appeal, authorized by 3 Starr & C. Ann. St. 1896, p. 3666, c. 122, §§ 55, 56, from an order creating a new school district made by school trustees

arate action.-Caponigri v. Altieri (N. Y.) 87.

SETTLEMENT.

See "Accord and Satisfaction"; "Payment"; "Release."

Marriage settlements, see "Husband and Wife," $ 1.

SEWERS.

Defects or obstructions, see "Municipal Corporations," §§ 11, 2.