adopted in what states, § 672, pp. 1294, 1296, vol. 2. extracts from cases found in notes, pp. 1294-1296. upper proprietor may obtain right by prescription, § 692, the civil law allows upper proprietor an easement upon lower proprietor's land, § 673, vol. 2. rule adopted in what states, § 673, vol. 2. construction of embankments on streams to protect lands from whether common carriers, discussed, § 113, vol. 1. were not, in England, § 113, vol. 1. difference of opinion, § 113, vol. 1. duties of, analogous to those of common carriers, p. 220, vol. 1. bound to treat all alike, pp. 220, 221, vol. 1. limitation of liability for negligence, § 221, vol. 1. in some states it is so held, pp. 221, 222, vol. 1. growing tendency toward stricter accountability, pp. 222, position in states shown, n. 33, p. 223, vol. 1. measure of care to be exacted, § 114, vol. 1. liability for mistakes in transmission of messages, § 114, must provide suitable instruments and competent servants, may make rules and regulations, § 115, vol. 1. action by sender of messages, § 116, vol. 1. Telephone Company. their legal status, § 119, vol. 1. liability, in tort, § 118, vol. 1. Tenant. rights in fixtures. See Fixtures. liability for nuisance. See Nuisance. Tenant in Common. one holds possession of premises for all, § 528, vol. 2. Termination of Action. necessary to maintain malicious prosecution, § 420, vol. 1. Threat. discharge by magistrate, § 420, vol. 1. not an assault, § 200, vol. 1. Ticket. legal aspect of railroad ticket, § 346, vol. 1. modern tickets and views as to, §§ 346, 347, vol. 1. Tidal Streams. pollution of by discharge of sewage by city, § 686, vol. 2. discussion of definition, §§ 4, 5, vol. 1. privity in, § 6, vol. 1. the rule, § 6, vol. 1. its application, § 6, vol. 1. as a separate subject, § 2, vol. 1. extent and magnitude of, § 2, vol. 1. its relation to contract, § 5, vol. 1. definition, § 4, vol. 1. Torts (Continued). and crimes, § 8, vol. 1. civil remedy not suspended, § 9, vol. 1. mere intent not sufficient, § 10, vol. 1. when force involved, question discussed, § 10, vol. 1. Trademarks. right to, § 645, vol. 2. infringement of, accompanied by fraud and injurious effects, the right to use, how acquired, § 646, vol. 2. statutes of registration, effect upon property right, § 646, definition and characteristics, § 647, vol. 2. must be such that its use by another is fraud, § 647, vol. 2. generic terms not protected, § 648, vol. 2. "Lackawana,” p. 1260, vol. 2. "United States," F. 1260, vol. 2. 'Elgin," p. 1260, vol. 2. proper names, § 648, vol. 2. "Johnson," p. 1260, vol. 2. "Richardson, p. 1260, vol. 2. "A. J. White," p. 1260, vol. 2. descriptive words, p. 1260, vol. 2. "Health preserving,” p. 1261, vol. 2. words denoting characteristics, p. 1261, vol. 2. infringements and their remedy, § 649, vol. 2. imitation and adoption of methods of doing business, § 649, vol. 2. business, § 649, vol. 2. by a counterfeit, § 649, vol. 2. for different illustrations, see p. 1263, vol. 2. use of one's own name, § 650, vol. 2. infringement of, and unfair competition closely identified, p. 651. Trapdoor. falling into, § 322, vol. 1. Travelers in Roads and Streets. persons on foot and in vehicles have equal rights, § 270, vol. 1. pedestrian and driver of vehicle, 270, vol. 1. ordinary care required of both to avoid injury, § 270, vol. 1. mistake in calculations as to crossing, 270, vol. 1. should look up and down street, § 270, p. 577, vol. 1. rule as to crossing railroad tracks not applicable to street crossing street other than regular crossings, § 270, p. 578, vol. 1. fast driving in streets, § 272, vol. 1. racing, 272, vol. 1. injury caused by city fire department, § 277, vol. 1. of unhitched team, § 273, vol. 1. leaving horse unhitched in street, § 274, vol. 1. evidence of negligence, § 274, vol. 1. character of horse, 274, vol. 1. ordinances against, § 274, vol. 1. defective harness, § 275, vol. 1. injury from breakage of harness, § 275, vol. 1. city, no liability, § 276, vol. 1. injury caused by city fire department, § 277, vol. 1. relative rights of bicycle traveler and others, § 280, vol. 1. injury caused by bicyclist colliding with pedestrian going use of lights and bells, § 281, p. 586, vol. 1. riding into one on sidewalk, § 281, p. 587, vol. 1. injury to, by street railways, § 282, vol. 1. See Street Railways. steam railway crossing, § 293, vol. 1. Trees. ownership of, standing on boundary line, § 690, vol. 1. Trespasser. upon dangerous premises, duty of owner toward, § 323, vol. 1. Trespass to Personal Property. right injured by, § 573, vol. 2. what constitutes, 8 574, vol. 2. wrongful intent not essential, § 574, vol. 2. forcible dispossession unnecessary, § 574, vol. 2. may be by accident, mistake, negligence, § 574, vol. 2. unlawfully distraining animal, § 575, p. 1106, vol. 2. taking away dissevered fixtures, § 575, p. 1106, vol. 2. kinds of possession necessary, § 576, vol. 2. general or special claim, § 577, vol. 2. by officers serving writs, § 578, vol. 2. under writ not regular on its face, § 578, vol. 2. if he transcends limits of his authority, § 578, p. 1109, vol. 2. mere omission or neglect, § 578, p. 1109, vol. 2. carelessly or roughly handling property, § 578, p. 1109, to real property, § 522 et seq., vol. 2. is an injury to the possession, § 522, vol. 2. actual possession not essential, §§ 522, 523, vol. 2. the rule as to kind of possession necessary here, § 523, title without entry draws possession, § 523, p. 996, ownership or possession at the time necessary, § constructive possession will sustain, § 523, vol. 2. |