PAOB

OFFICERS, actions against 84, 193

PAIN 99

PAKTIAL LOSS 289

PARTIES, damages within contemplation of 65, 226

PASSENGER, suit by, tort or contract 312

PASSENGERS, carriage of 297

PENALTY, when limit of recovery 234

PERFORMANCE, preparations for 230

PERILS OF THE SEA 289

PERSON AND FAMILY 155

PERSONAL INJURY 157

PERSONAL PROPERTY, contracts for delivery of 259

PLEADING AND PRACTICE 349

POLICY OF INSURANCE, open or valued 284

POSSESSION OF REAL PROPERTY, action for 206

interest in 209

POWERS UNDER STATUTES,

compulsory 220

permissive 220

distinction between, as to damages 220

PRE-ASCERTAINMENT of damages 249

PRICE 128, 131

PRINCIPAL, suit by, against agent 293

PRINCIPAL AND SURETY 281

PRIVACY, right of 168

PRIVILEGED COMMUNICATIONS 161

PROCEDURE, reformed, effect of 7, 8

PROFITS, allowance of 24

PROMISE,

breach of , 32, 325

breach of, survival of action for 326

PROPERTY, total destruction of 24

PROSPECTIVE DAMAGES 117,118

PROXIMATE CAUSE,

rule of 13, 41

involves two questions 41

when more than one 50

a question for jury 56

not affected by character of wrong 56

in contract 61

in insurance 61

in marine insurance 289

PUBLIC OFFICERS, actions against 84, 193

QUANTUM MERUIT 231



INDEX, 367

REAL ACTIONS, paqh,

in New England 208

decay of 206

REAL ESTATE,

contracts affecting 332

interference with. 197

New York rule as to sales of 245

REINSURANCE 288

REPLEVIN,

history of 190

modem use of 191

RES 4I>Jt7D/CAT4, covers questions of damage 117

RESPONSIBILITY, in tort, extent of 50

RIGHT, infringement of, imports damage 19

RIGHTS and duties, legal 16

RULES, in our system 4

SALES 259

payment in advance ». 262

time of breach , 266

refusal to perform in advance 266

of real estate 341

SEDUCTION 173

gist of action for 60, 174

mutual fault in 328

SERVANT, enticing. .' 214

SERVICE,

actions for loss of JJO

contracts of 255

SHIP, insurance on 288

SINGLE RECOVERY, rule of 118

SLANDER 161, 163

SPECIAL DAMAGE 152,201

SPECIAL DAMAGES 152

must be pleaded 362

SPECIFIC PERSONAL PROPERTY, recovery of 190, 192

SPOKEN WORDS, when action lies for 163-166

STATUTORY DAMAGES 10

STOCKS, conversion of 189

SURETY, consequential damages recoverable by 282

TAKING PROPERTY, under eminent domain statutes. 216-219

TELEGRAPH AND TELEPHONE. 315

telegraph companies not common carriers 315

consequential damages 316

mental suffering 317

TELEGRAPHIC DESPATCHES, two classes of 316



368 INDEX,

TORT, PAGE

rule in 50

discretion. 