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viii
HARVARD LAW REVIEW.
viii

viii TABLE OF CONTENTS, CASES — Continued. Pagh Referendum , . . * 117 Restraint of Trade. See Contracts. Sales. Election of remedy 235 Factors Act, 1889 509 Pre-existing debt ; purchaser for value 509 Statutes. Amendment of repealed 232 Construction; death by wrongful act 432 Taxation. Validity of assessment 427 See Constitutional Law. Telegram. See Contracts and Procedure. Torts. Action for negligence of railway porter, an action of tort 290 Comparative negligence 290 Conspiracy to injure business 63 Conversion; liability of an instigator 121 Payment by banker to fraudulent indorsee 235 Dangerous premises 120, 364 Deceit ; means of knowledge 63, 365, 432 Misrepresentation of value 120 Defamation ; mistaken belief in interest or duty 235 Imputed negligence . 63, 120, 236, 290 Inevitable accident 5^^ Injury to cattle by eating of poisonous tree wholly within neighbour's boundary 180 Injury to wife ; damages 365 Liability for act while insane 365 Liability of charitable institution for torts of its servants 63 Liability of maker of a chattel 290, 291 Libel ; privileged communication (>"}, Maintenance 5^^ Malice 510 Malicious diversion of water 180 Malicious interference with business 510 Malicious interference with contracts 117 Malicious prosecution ; former conviction 236 Privacy 510 Rule in Fletcher v. Rylands 510 Telephone wires; interference with by other wires . 292 See Electric Railways. Trademark. Fancy word 511 Trusts. Application of trust res at discretion of trustee 292 Can a murderer acquire title by his crime 180 Deposit in a bank for specific purpose 236 Deposit of check for collection 180 Maintenance and support ; discretion of trustees 121 Removal of non-resident trustee 236 Wills. Construction 234 Construction, cy pris 431 Competency of witnesses 181 Erroneous description 236 Extrinsic evidence 119 Interest on legacy in lieu of dower 289 Proof of execution < 290 See Real Property.