MARRIAGE,

right to enter into, 42, 43, 277.

fraudulent contract of, 134.

fraudulent denial of by married woman, 134, 135.
fraudulent, action for, 279.

if valid, no action will lie for bringing about, 270.
action for preventing, whether maintainable, 277.
action for loss of, 277, 278.

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.
liable for frauds in dealing with separate estate, 133.
how liability affected by recent statutory changes, 134, 135,
frauds by in pretending to be unmarried, 134.

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 may have indemnity from servant, 168.

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.
and for wrongs by 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.
liable where servant exceeds his authority, 631.
liable for servant's negligent injuries, 631.

MASTER-Continued.

immaterial that servant disobeyed orders, 632-634.

not liable for negligent injury by one servant to another, 631-613,
who are fellow servants, 640.

foremen, etc., are, 640, 664-667.

laborers in other branches of the business, 61, 642.
independent contractors are not, 643-647.

is responsible for his own negligence to contractor, 643.
and to servants, 647.

where he subjects servants to unknown dangers, 648.
or sends them into dangerous places, 648-652, 655-657.
where he exposes children, etc., to dangers, 652.
where he fails to provide safe machinery, etc., 657.
where he employs unsuitable servants, 659–661.
where he fails to remove known perils, 661, 662.
where his own negligence concurs with that of servant, 663.
where the hazard comes from another employment, 662.
where he delegates his superintendence, 662-667.
not liable where servant is also negligent, 667–669.
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.
MILITARY COURTS,

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.

fraudulently obtaining money on satisfied mortgage, 559.
conversion by, 528.

remedy for waste, 395.

MORTGAGOR,

conversion by, 527-529.

when may sue for conversion, 527, 528.

liability of for waste, 395, 396.

MOTIVE,

improper or wrongful is equivalent to malice, 215.
not generally important in torts, 830.

in case of damage by governmental action, 830.
bad, is not in itself a tort, 832.

case of shutting off light and air, 832, 833.
of refusing insurance, 833.

of presenting bills for redemption, 833.
of throwing open lands to the public, 833.

when an ingredient in torts, 835.

bad, may impose obligation of unusual care, 836,
importance in estimating damages, 836.

MUNICIPAL CORPORATIONS,

torts by, 141.

complex nature of, 738.

nuisances by, 738.

not liable for governmental action, 739.
nor for acts of officers, 740, 741.

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.
dams across, 734.

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.
NECESSITY, WORKS OF,

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.
a bar to action for causing death, 309, 310.

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 workmen, 777.

of professional men, 777-779.

in performance of statutory duties, 780–790.
general principles governing redress for, 791.
duty must first be shown, 791, 792.

must be duty to person damnified, 792.

NEGLIGENCE-Continued.

failure in performance must appear, 793, 794.
presumptions of negligence, when arise, 794, 795.
in case of railway companies, 795-799.

general rule, 796.

burden of proof to show, 799.

what sufficient proof of, 799, 800.

whether question of is one of law, 800.
in general, cannot be, 800, 804.
general rule stated, 804.

cases when it is, 806.

contributory, a bar to relief, 807-810.
reason of the rule, 807, 808.

burden of proof when it is set up, 809.
co-operating with recklessness, 810.
general rule as to, 812.

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.
contracts against, whether lawful, 825-828.

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.
by master to servant, master liable for, 647-667.
See NEGLIGENCE.

NEGOTIABLE PAPER,

fraud in procuring or making, 571, 572.
fraudulently filling up blanks in, 573.

NEW HAMPSHIRE,