MARRIAGE, right to enter into, 42, 43, 277. fraudulent contract of, 134. fraudulent denial of by married woman, 134, 135. if valid, no action will lie for bringing about, 270. frauds in relation of, 595-597. frauds under engagement of, 597–601. MARRIAGE ENGAGEMENT, frauds accomplished by, 597–601. seduction under, 597–601. MARRIED WOMEN, torts of, husbands may be sued for, 131. are liable for torts, 131-133. husband's coercion presumed, 132. but may be disproved, 132. not liable where tort grows out of contract, 133. recovery for torts to, 135. time of, belongs to husband, 136. frauds upon by husband, 595-597. See FAMILY RIGHTS; HUSBAND AND WIFE. MARTIAL LAW, effect of declaring, 352. MASSACHUSETTS, action for causing injury by sale of liquors in, 292–294. MASTER, may be wrong-doer by ratifying wrong of the servant, 146-149. when should indemnify servant, 168-170. when liable for libels of servant, 227. action by for loss of services, 282. for seduction of servant, 268-276. restraint of apprentice by, 197. cannot punish servant, 198. liability of, for wrongs to servant, 622-670. who is servant, 622-625. is liable for servant's wrongs, 625. rule where wrongs were intended, 626. where wrongs were not intended, 631, 632. is liable for servant's frauds, 627-629. if in his own business, 626. when liable for servant's trespasses, 628-631. MASTER-Continued. immaterial that servant disobeyed orders, 632-634. not liable for negligent injury by one servant to another, 634-612. foremen, etc., are, 640, 664-667. laborers in other branches of the business, 041, 642. is responsible for his own negligence to contractor, 643. where he subjects servants to unknown dangers, 648. liable in all cases of personal fault, 669. MASTER AND APPRENTICE, relation of, how formed, 43. action for causing injury by sale of liquors in, 291–296. authority and jurisdiction of, 352, 353. MILITARY OFFICERS, when exempt from private suits, 479. MILITARY POWER, subordinate to the civil, 352–354. MILITARY SERVICE, requirement of, 344. MILL DAMS, license to flow lands by, 361–367. whether revocable, 361–367. damage from breaking away, 83, 676. flowing lands by, 695, 696. MILL DAMS-Continued. detention of water by, 693, 694. MINISTERIAL DUTIES, action for neglect of, 445, 446. MISSOURI, action for causing injury by sale of liquors in, 296. MORTGAGEE, fraudulently obtaining money on satisfied mortgage, 559. MOTIVE, improper or wrongful is equivalent to malice, 215. in case of damage by governmental action, 830. case of shutting off light and air, 832, 833. of presenting bills for redemption, 833. when an ingredient in torts, 835. bad, may impose obligation of unusual care, 836, MUNICIPAL CORPORATIONS, torts by, 141. complex nature of, 738. nuisances by, 738. not liable for governmental action, 739. nor for violence of mob, 741. nor for misbehavior of firemen, 741. nor for neglects of health officers, 741. liable for defects in sewers, 742. for negligent management of property, 742. for blocking up way with stones, 742. MUNICIPAL CORPORATIONS-Continued. not liable for defects in ways, 742. unless made so by statute, 742, 743. or under special charters, 746. liable for defective walks, 746. have no greater rights than others in water courses, 696. MUTUAL FAULT, injuries by, not redressed in law, 810. exception in case one party is reckless, 810. NAPHTHA, N. unlawful sales of, 789. NATURAL LIBERTY, meaning of, 5. NAVAL OFFICERS, when exempt from private sults, 479. NAVIGABLE WATERS, abatement of nuisances on, 48. nuisances in, 734, 736, 737. boundaries on, 374-378. encroachments upon, 376, 377. use of for rafting, 377. trespasses by fishing in, 388-391. NEBRASKA, action for causing injury by sale of liquors in, 296. what are, 176-178. NEGLIGENCE, in making commercial paper, 571–574. in not guarding against frauds, 557, 571, 572. in discounting paper, 574. of vendee does not excuse vendor's fraud, 575. fires started by, 629, 646, 700–704. in communicating fire by machinery, 702. in use of firearms and explosives, 705. contributory, in case of injury by beasts, 405-408. definition of, 752, 791. degrees of, 751–754. question of is one of fact, 754 of guest at public inn, 760. of telegraph companies, liability for, 775–777. of professional men, 777–779. in performance of statutory duties, 780–790. must be duty to person damnified, 792. NEGLIGENCE-Continued. failure in performance must appear, 793, 794. general rule, 796. burden of proof to show, 799. what sufficient proof of, 799, 800. whether question of is one of law, 800. cases when it is, 806. contributory, a bar to relief, 807-810. burden of proof when it is set up, 809. exceptions to in some States, 813-816. what is, 806-808. what is not, 806-808. must be proximate to the injury, 818. of infants, imbeciles, etc., 818. whether attributable to guardian, etc., 818-823. arising subsequent to the injury, 823. of third parties, when imputable to party injured, 823-825. of telegraph companies, 828. allowing slate to fall from roof, 799. of bailees. See BAILEES. of innkeepers. See INNKEEPERS. of common carriers. See COMMON CARRIERS. NEGLIGENT FIRES, injuries from, 85-91, 629, 646, 700-704. NEGLIGENT INJURIES, by servant, master liable for, 631, 632. exception of injury to fellow-servant, 634-640. |