& Indexes see same topic and KEY

I. CREATION AND EXISTENCE OF THE

RELATION.

~~~5(1) (App.D.C.) Relationship between owner and occupant held that of master and servant, and not of landlord and tenant.-Turner v. Mertz, 3 F. (2d) 348.

III. LANDLORD'S TITLE AND REVERSION. (B) Estoppel of Tenant.

61 (U.S.D.C.N.Y.) Tenant may not question landlord's title.-Jones v. Peacock, 3 F. (2d) 827.

Defendants' counterclaim in action for rent held attempt to question landlord's title.-Id.

IV. TERMS FOR YEARS.

(D) Termination.

103(1) (U.S.D.C.Pa.) Lessee cannot plead equities of its subtenants to avoid forfeiture of the lease.-Vincent v. National Drug Stores, 3 F. (2d) 504.

LICENSES.

I. FOR OCCUPATIONS AND PRIVILEGES.

8(1) (App.D.C.) Statute specifically enumerating classes of business requiring consent of adjoining property owners présumed not applicable to business not enumerated.-Coombe v. U. S. ex rel. Selis, 3 F. (2d) 714.

22 (App.D.C.) Consent of adjoining property owners not condition to issuance of license to junk dealer.-Coombe v. U. S. ex rel. Selis, 3 F.(2d) 714.

37 (App.D.C.) Police regulation requiring consent of adjoining owners to operation of junkshop held not to require consent on transfer of business, in view of administrative interpretation.-Coombe v. U. S. ex rel. Selis, 3 F. (2d) 714.

Transfer of license, called to licensing officer's attention, notice that assignee has succeeded to assignor's right to have business licensed.-Id. LIENS.

107 (U.S.D.C.Pa.) Landlord held entitled See Maritime Liens; Mechanics' Liens. to terminate lease for nonpayment of taxes.Vincent v. National Drug Stores, 3 F. (2d) 504.

VIII. RENT AND ADVANCES.
(B) Actions.

223(1) (U.S.D.C.N.Y.) Lessee's counterclaim, in action for rent, seeking cancellation of instruments, held equitable.-Jones v. Peacock, 3 F. (2d) 827.

LIMITATION OF ACTIONS.

II. COMPUTATION OF PERIOD OF
LIMITATION.

(H) Commercement of Action or Other
Proceeding.

124 (U.S.C.C.A.S.C.) Underwriters' petition of intervention in shipper's action against owner for delay held not to state new cause of action.-U. S. v. Middleton, 3 F. (2d) 384. III. ACKNOWLEDGMENT, NEW PROMISE, AND PART PAYMENT.

157(2) (U.S.D.C.Pa.) Payment from which no promise may be implied will not toll the statute.-Charles Warner Co. v. Nazareth Cement Co., 3 F. (2d) 152. Payment held not to toll statute.-Id.

LIQUOR SELLING.

223 (2) (U.S.D.C.N.Y.) Defendant in action for rent held not entitled to counterclaim for cancellation of lease, supplemental agreement, and bond on ground of failure to perfect See Intoxicating Liquors. title.-Jones v. Peacock, 3 F. (2d) 827.

Defendant in action for rent held not entitled

to cancellation of instruments making lease ineffectual on lessors' failure to perfect title.-Id. (D) Distress.

264 (U.S.C.C.A.Del.) Statute by which third party's goods on leased premises are made subject to distraint held not repealed by Conditional Sales Act.-In re Brittingham Mfg. Co., 3 F. (2d) 807.

LEASE.

See Landlord and Tenant.

LEGISLATIVE POWER.

See Constitutional Law, 55.

LIBEL AND SLANDER.

1. WORDS AND ACTS ACTIONABLE, AND LIABILITY THEREFOR.

21 (App.D.C.) Newspaper item reporting arrest of "Harry Kennedy, an attorney," held libelous as to "Harry F. Kennedy," only attorney in city. Washington Post Co. v. Kennedy, 3 F. (2d) 207.

IV. ACTIONS.

(B) Parties, Preliminary Proceedings, and Pleading.

77 (U.S.C.C.A.III.) Under Illinois laws, action for libel of reciprocal insurance association may not be maintained by its attorney in fact in own name.-John L. Walker Co. v. National Underwriters' Co., 3 F. (2d) 102.

LITERARY PROPERTY.

2 (U.S.D.C.Ga.) Scenario of photoplay is property entitled to protection in equity.Thompson v. Famous Players-Lasky Corporation, 3 F. (2d) 707.

LOGS AND LOGGING.

2 (U.S.C.C.A.Cal.) Contract for sale of timber land held valid and enforceable.-Ward v. Pearsall, 3 F.(2d) 365.

MALICIOUS PROSECUTION.

or

II. WANT OF PROBABLE CAUSE. 16 (App.D.C.) Either probable cause want of malice defense.-Chapman v. Anderson, 3 F. (2d) 336.

22 (App.D.C.) Advice of prosecuting attorney held probable cause.-Chapman v. Anderson, 3 F. (2d) 336.

23 (App.D.C.) Lack of probable cause not inferred from malice.-Chapman v. Anderson, 3 F. (2d) 336.

III. MALICE.

32 (App.D.C.) Malice presumed from lack of probable cause.-Chapman v. Anderson, 3 F. (2d) 336.

V. ACTIONS.

56 (App.D.C.) Matters to be proved stated. -Chapman v. Anderson, 3 F. (2d) 336.

71(2) (App.D.C.) Probable cause question Anderson, 3 F. (2d) 336. of law, if facts are undisputed.-Chapman v.

Refusal to instruct facts proved constituted probable cause held error.-Id.

7 (U.S.C.C.A.N.Y.) Food and supplies for passengers are necessaries.-The Gdansk, 3 F. (2d) 565.

8 (U.S.C.C.A.N.Y.) Contract to supply food to alien passengers while temporarily removed to quarantine station held not to give maritime lien on vessel.-The Gdansk, 3 F.(2d) 565.

9 (U.S.D.C.Mass.) Services rendered in fumigating baggage of passengers held to give right to lien. The Susquehanna, 3 F. (2d) 1014.

12 (U.S.C.C.A.N.Y.) Immigration Act held not to create lien on vessel for maintenance of alien passengers, temporarily removed to quarantine station.-The Gdansk, 3 F. (2d) 565.

(B) Under Statutory Provisions. 24 (U.S.D.C.N.C.) Statute held not to bar proof that supplies or equipment were furnished on credit to owner alone.-The Defiance, 3 F. (2d) 48.

Sale of marine engine to owner of vessel on credit of owner alone held not to create lien. -Id.

Seller's opinion that maritime lien existed held not to create lien.-Id.

Lien defeated by failure to make delivery of engine to vessel's side.-Id.

One who advanced money on personal credit of master for purchase of marine engine acquired no lien.-İd.

25 (U.S.D.C.Md.) Stevedoring rendered to ship not in home port lienable.-In re Atlantic, Gulf & Pacific S. S. Co., 3 F.(2d) 309.

25 (U.S.D.C.Mass.) Services rendered in fumigating baggage of passengers held to give right to lien; necessaries."-The Susquehanna, 3 F. (2d) 1014.

25 (U.S.D.C.Mass.) Use of canal held a "necessary."-In re Burton S. S. Co., 3 F. (2d)

1015.

MARRIAGE.

See Divorce; Husband and Wife.
MASTER AND SERVANT.

I. THE RELATION.

(B) Statutory Regulation.

13 (U.S.C.C.A.III.), Yardmaster directing train movements held "operator, train dispatcher, or other employee," within Hours of Service Act.-Atchison, T. & S. F. Ry. Co. v. U. S., 3 F. (2d) 138.

Telephone communications by yardmaster as to train movement held "orders," within Hours of Service Act.-Id.

II. SERVICES AND COMPENSATION. (A) Performance of Services.

62 (U.S.D.C.Me.) Employer held to have irrevocable license to use invention made and patented by employee.-Scott v. Madison Woolen Co., 3 F. (2d) 331.

(B) Wages and Other Remuneration.

69 (U.S.D.C.III.) Whether action of Labor Board is arbitrary determined by character of act itself.-Railroad Labor Board v. Robertson, 3 F. (2d) 488.

III. MASTER'S LIABILITY FOR INJURIES
TO SERVANT.

(B) Tools, Machinery, Appliances,

Places for Work.

and

101, 102(8) (U.S.C.C.A.N.J.) Reasonable care required in providing appliances and place of work.-Standard Oil Co. of New Jersey v. De Vries, 3 F. (2d) 852.

103(1) (U.S.C.C.A.N.J.) Master's duty nondelegable.-Standard Oil Co. of New Jersey v. De Vries, 3 F. (2d) 852.

(G) Contributory Negligence of Servant.

228 (3) (U.S.C.C.A.Or.) Foreman, failing to comply with statutory duty as to safety devices, held not entitled to recover for injuries. -Marks v. Bauers, 3 F. (2d) 516.

(H) Actions.

285 (2) (U.S.C.C.A.N.J.) Evidence of cause of freight conductor's death held insufficient for jury.-Smith v. Philadelphia & R. Ry. Co., 3 F.(2d) 604.

286(1) (U.S.C.C.A.Ala.) Railroad's negligence in failing to guard employee, shot during strike, held question for jury.-St. Louis-San Francisco Ry. Co. v. Mills, 3 F. (2d) 882.

286(3) (U.S.C.C.A.N.J.) Negligence in not providing safe appliances and place of work question for jury.-Standard Oil Co. of New Jersey v. De Vries, 3 F. (2d) 852.

in

II. CREATION, OPERATION, AND EFFECT.
26 (U.S.C.C.A.N.Y.) Not to be extended
by construction.-The Gdansk, 3 F. (2d) 565.
30 (U.S.D.C.Md.) Stevedore not required
to make inquiry as to existence of nonmaritime
liens. In re Atlantic, Gulf & Pacific S. S. Co., 287(3) (U.S.C.C.A.Mass.) Whether
3 F. (2d) 309.

286 (21) (U.S.C.C.A.N.J.) Negligence
not providing safe gangplank or passageway
from lighter to tanker held for jury.-Standard
Oil Co. of New Jersey v. De Vries, 3 F.(2d)
852.

30 (U.S.D.C.Mass.) Failure to inquire as to ownership of vessel held to defeat right to lien. The Susquehanna, 3 F. (2d) 1014.

31 (U.S.D.C.N.C.) Transferee of note acquired no lien where seller itself had no lien. -The Defiance, 3 F. (2d) 48.

37 (U.S.D.C.Me.) Lien cannot be enforced by part owner as against a stranger having a lien. The Frank Brainerd, 3 F. (2d.) 664.

37 (U.S.D.C.Md.) Assignee of freights held to have no lien and claim for supplies furnished ship on voyage in which freights were earned superior to claim of assignee.-In re Atlantic, Gulf & Pacific S. S. Co., 3 F. (2d) 311.

49 (U.S.D.C.Me.) Lien claimants held not entitled to challenge validity of attachment.The Frank Brainerd, 3 F. (2d) 664.

em

ployee, injuring coemployee, was acting_within scope of employment, held for jury.-List v. New York Cent. R. Co., 3 F. (2d) 434.

MECHANICS' LIENS.

II. RIGHT TO LIEN.
(A) Nature of Improvement.

25 (U.S.C.C.A.Ark.) Oil tanks and fixtures held "erections and improvements" within statute.-American Tank Co. v. Continental & Commercial Trust & Savings Bank, 3 F. (2d)

122.

III. PROCEEDINGS TO PERFECT.

118 (U.S.C.C.A.Ark.) Ten-day notice to owner before filing notice of lien not required of original contractor.-American Tank Co. v.

& Indexes see same topic and KEY-NUMBER Continental & Commercial Trust & Savings Bank, 3 F. (2d) 122.

132(10) (U.S.C.C.A.Ark,) Lien filed within 90 days after last item of continuing contract held to cover all materials furnished.-American Tank Co. v. Continental & Commercial Trust & Savings Bank, 3 F. (2d) 122.

VII. ENFORCEMENT.

MONOPOLIES.

II. TRUSTS AND OTHER COMBINATIONS
IN RESTRAINT OF TRADE.

17(2) (U.S.C.C.A.Ohio) Discrimination in price to different purchasers not unlawful, unless it lessens competition or tends to create a monopoly.-S. S. Kresge Co. V. Champion Spark Plug Co., 3 F. (2d) 415.

260(4) (U.S.C.C.A.Ark.) Enforcement in federal court not defeated because lienholder did not commence suit in state court within statutory time.-American Tank Co. v. Continental & Commercial Trust & Savings Bank, See Chattel Mortgages. 3 F.(2d) 122.

Discrimination in prices held not in violation of Clayton Act.-Id.

281(1) (U.S.C.C.A.Ark.) Evidence held to show that materials were furnished to specific leasehold estates, not on personal credit of See lessee.-American Tank Co. v. Continental & Commercial Trust & Savings Bank, 3 F. (2d) 122.

281 (2) (U.S.C.C.A.Ark.) Evidence held to show continuing agreement under which lien filed within 90 days after last item covered all material.-American Tank Co. v. Continental & Commercial Trust & Savings Bank, 3 F. (2d) 122.

MILITARY LAW.

See Army and Navy.

MINES AND MINERALS.

I. PUBLIC MINERAL LANDS. (A) Reservation and Disposal in General.

5 (U.S.C.C.A.Wyo.) Oil-leasing act held to permit leases only to holders of valid placer locations.-Richardson v. Western Oil, Coal & Investment Co., 3 F. (2d) 403.

(B) Location and Acquisition of Claims.

27(4) (U.S.C.C.A.Wyo.) Contract between rival claimants contemplating lease from government held to entitle plaintiff to royalties only in lands to which it had a valid existing claim.-Richardson v. Western Oil, Coal & Investment Co., 3 F. (2d) 403.

MORTGAGES.

MUNICIPAL CORPORATIONS.
Counties; Street Railroads.

XI. USE AND REGULATION OF PUBLIC
PLACES, PROPERTY, AND WORKS.
(A) Streets and Other Public Ways.
705 (2) (App.D.C.) Mutual rights and du-
ties of pedestrian and automobile driver stat-
ed.-Reaver v. Walch, 3 F. (2d) 204.

705 (10) (App.D.C.) Last clear chance doctrine held inapplicable to injuries to pedestrian by automobile.-Reaver v. Walch, 3 F. (2d) 204. 706(3) (App.D.C.) Pedestrian has burden of proving negligent operation of automobile.Reaver v. Walch, 3 F.(2d) 204.

Res ipsa loquitur doctrine held inapplicable to pedestrian's injuries by automobile.-Id.

706(6) (App.D.C.) Evidence of negligence of driver of automobile, striking pedestrian, held insufficient for jury.-Reaver v. Walch, 3 F. (2d) 204.

NATIONAL BANKS.

36 (U.S.C.C.A.Wyo.) Public oil lands can be acquired only by compliance with placer See Banks and Banking, 256-2882. mining laws.-Richardson v. Western Oil, Coal & Investment Co., 3 F. (2d) 403.

(C) Patents.

43 (U.S.C.C.A.Wyo.) Patent held to cut off rights of claimants to oil lands.-Richardson v. Western Oil, Coal & Investment Co., 3 F. (2d) 403.

II. TITLE, CONVEYANCES, AND CON-
TRACTS.

(C) Leases, Licenses, and Contracts.
79(1)(U.S.C.C.A.Tex.) Deed to royalty
held to convey interest in realty under terms
of lease.-Emerson v. Little Six Oil Co., 3 F.
(2d) 265.

79(1) (U.S.C.C.A.Tex.) Lessor held owner of that part of oil reserved as royalty, both before and after production.-W. T. Waggoner Estate v. Wichita County, 3 F. (2d) 962.

80 (U.S.C.C.A.La.) Oil lessee entitled to remove machinery and supplies on forfeiture of lease. In re Midland Oil Co., 3 F. (2d) 112.

III. OPERATION OF MINES, QUARRIES,
AND WELLS.

(A) Statutory and Official Regulations.

87 (U.S.C.C.A.W.Va.) Privilege tax for coal mining held to apply only to mining for sale or profit.-Norfolk & W. Ry. Co. v. Hall, 3 F.(2d) 254.

NATURALIZATION.

See Aliens, 62-69.

NAVIGABLE WATERS.

I. RIGHTS OF PUBLIC.

20(8) (U.S.D.C.Pa.) City held liable for negligent operation of drawbridge.-The Brimstone, 3 F. (2d) 1011. Duty of those maintaining drawbridge to see that draw is properly operated.-Id.

II. LANDS UNDER WATER.

38 (U.S.D.C.Fla.) Title to land between high and low water mark under Florida statute construed.-Commodores Point Terminal Co. v. Hudnall, 3 F. (2d) 841.

NEGLIGENCE.

See Master and Servant, 101-287; Railroads, 307-328; Street Railroads, 98-117.

I. ACTS OR OMISSIONS CONSTITUTING
NEGLIGENCE.

(A) Personal Conduct in General.
(U.S.C.C.A.N.J.) "Negligence" defined.-
Standard Oil Co. of New Jersey v. De Vries.
3 F. (2d) 852.

217(3) (U.S.C.C.A.Tenn.) Evidence held insufficient to show deed of trust was partnership indebtedness.-Meriweather-Graham-Oli-113(6) (App.D.C.) Jurisdiction of Court of ver Co. v. Bank of Commerce of Earle, Ark., 3 F. (2d) 513.

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

121 (U.S.C.C.A.Or.) Inventor may obtain separate patents, although standing in relation by way of genus and species.-Cookingham v. Warren Bros. Co., 3 F.(2d) 899.

VII. REISSUES.

148 (U.S.C.C.A.III.) Surrender and reissue nullifies original patent, and forecloses right to recover damages for prior infringement.-Luminous Unit Co. v. Freeman-Sweet Co., 3 F. (2d) 577.

IX. CONSTRUCTION AND OPERATION OF

LETTERS PATENT.

(B) Limitation of Claims.

165 (U.S.D.C.Mass.) Patent cannot be construed to cover wider field than indicated in specification.-Nash Engineering Co. v. W. D. Cashin & Co., 3 F. (2d) 686.

165 (U.S.D.C.Mont.) Patentee bound by his own construction of claims.-Greenawalt v. American Smelting & Refining Co., 3 F.(2d) 658.

167(1) (U.S.C.S.A.N.Y.) Specifications followed to determine meaning of terms.-E. Fredericks, Inc. v. Eugene, 3 F. (2d) 543.

172 (U.S.C.C.A.N.Y.) Patentee limited by claims which cannot have limitations read into them for purpose of avoiding anticipation.E. Fredericks, Inc. v. Eugene, 3 F. (2d) 543.

245 (U.S.D.C.Ohio) Interchangeability of parts standard test of infringement, lacking which presumption is against infringement.— Auto Hone Co. v. Hall Cylinder Hone Co., 3 F. (2d) 479.

(C) Suits in Equity.

292 (U.S.D.C.Cal.) Defendants' denial of assignment to plaintiff held not to authorize interrogation of plaintiff as to other assignments. Miller & Pardee v. Lawrence A. Sweet Mfg. Co., 3 F. (2d) 198.

Answers not sealed and deposited with court, unless by consent of parties.-Id.

297(4) (U.S.C.C.A.Pa.) Effect of decision of Court of Appeals of District of Columbia, determining priority of invention, stated. Rousso v. Barber, 3 F. (2d) 740.

297(8) (U.S.C.C.A.Pa.) Validity not established by consent decree.-Rousso v. Barber, 3 F. (2d) 740. Permitting plaintiff to withdraw suit without prejudice after issue joined held error.-E. Fredericks, Inc. v. Eugene, 3 F. (2d) 543.

313 (U.S.C.C.A.N.Y.)

XIII. DECISIONS ON THE VALIDITY, CON-
STRUCTION, AND INFRINGEMENT
OF PARTICULAR PATENTS.

328.

178 (U.S.C.C.A.Ohio) Claim limitation pertaining only to accessory may be minimized, where liberal rule of equivalency justified.— Wellman-Seaver-Morgan Co. v. William Cramp & Sons Ship & Engine Bldg. Co., 3 F. (2d) 531. 178 (U.S.D.C.N.Y.) Patentee cannot claim as equivalent something claimed and rejected. 927,298. Lewis v. Merritt, Chapman & Scott Corporation, 3 F. (2d) 66.

con

UNITED STATES.

ORIGINAL.

727,505. Street pavement, held not anticipat-
ed and valid; claims 3, 5, 6, and 11,
held infringed (C. C. A. Or.) 3
Pressure gauge for pneumatic tires,
F. (2d) 899.
held not anticipated, claims 1, 2,
and 3, held not infringed (D. C. N.
Method of forming water proof faced
Y.) 3 F. (2d) 999.
cement block, held not infringed (C.
C. A. Or.) 3 F.(2d) 244.

178 (U.S.D.C.Ohio) Not entitled to
struction broad enough to cover all means of 985,709.
accomplishing same result -Auto Hone Co. v.
Hall Cylinder Hone Co., 3 F. (2d) 479.

X. TITLE, CONVEYANCES, AND CON-
TRACTS.

(C) Licenses and Contracts.
211(1) (U.S.D.C.Del.) License to corpora-
tion held not to extend to subsidiary compa-
nies.-De Forest Radio Telephone & Telegraph
Co. v. Radio Corporation of America, 3 F. (2d)
847.

214 (U.S.D.C.N.Y.) Nonpayment of royalty under license agreement showing intent not to practice invention entitles licensor to cancellation of license.-Hazeltine Research Corporation v. Freed-Eisemann Radio Corporation, 3 F. (2d) 172.

1,030,890. Hydraulic valve, held not antici-
pated and valid; claims 1 and 4,
also held infringed (C. C. A. Ohio)
3 F. (2d) 531.

1,152,326. Apparatus for laying submarine
pipe, held valid, but not infringed
Towel cabinet. held void (C. C. A.
(D. C. N. Y.) 3 F. (2d) 66.
Device for tightening harrow teeth.
Pa.) 3 F. (2d) 740.

1,157,046. 1,164,815.

1,168,945.

1,180,799.

Delay in payment of royalty pending negotiations for annual lump sum royalty held not repudiation of license agreement.-Id. Acceptance of overdue royalties waived for- 1,193,884. feiture of license agreement.-Id.

Burden on plaintiff to prove that sublicense contract should be canceled.-Id.

Clear and satisfactory proof required to show forfeiture or repudiation of contract.-Id. Court should consider whether, under facts, cancellation of license contract would be unjust and inequitable.-Id.

1,237,717.

1,304,534.

219(1) (U.S.D.C.N.Y.) Courts of law have 1,313,232. exclusive jurisdiction, where issue solely nonpayment of royalty under license contract.Hazeltine Research Corporation Eisemann Radio Corporation, 3 F. (2d) 172.

XII. INFRINGEMENT.

1,348,407.

claim 4, held not infringed (C. C.
Foldable cuff, held void (C. C. A.
A. Wis.) 3 F. (2d) 993.
Colo.) 3 F. (2d) 518.

Spark plug, claims 1, 3, and 6, held
not anticipated, and valid as limit-
ed; also held infringed (C. C. A.
Portable grinder for truing up cylin-
Ohio) 3 F. (2d) 415.

ders, claim 5, held void; claim 6
held valid, but not infringed (D.
Motor-horn, held void (C. C. A. N.
C. Ohio) 3 F. (2d) 479.
Improvement in cable splice, held
Y.) 3 F. (2d) 539.
invalid (C. C. A. W. Va.) 3
Hair-waving device, claims 5 and
F. (2d) 435.
7, held invalid (C. C. A. N. Y.)
3 F.(2d) 543.

V. Freed- 1,346,337. Deodorizing material, claim 2, held
not patentable invention or dis-
covery (C. C. A. Ill.) 3 F. (2d)
997.
Improvement in apparatus for roast-
ing ores, held void; also held
not infringed, if conceded validity
(D. C. Mont.) 3 F. (2d) 658.
Motor for electric horn, claim
held void (C. C. A. N. Y.) 3
F.(2d) 539.

(A) What Constitutes Infringement. 226 (U.S.D.C.Cal.) Adoption of patentee's preferred methods not essential to "infringement."-Casey v. Bennett, 3 F. (2d) 640.

236 (U.S.D.C.Cal.) Change of form, though 1,355,283. an improvement, will not avoid infringement.

Casey v. Bennett, 3 F. (2d) 640.