(6.) A labourer employed to do ballasting and a platelayer (x). (7.) Third engineer and chief engineer on board steamer (y). By the application of the principle that a workman accepts an employment with the risks incidental to it, and the gradual modification of the rule that fellow-servants are such as have a [534*] *common master, the power of a workman or servant to obtain compensation for injuries received by him is considerably narrowed (2). This, however, must be taken subject to the decision of the Court of Appeal in Swainson v. North Eastern Rail Co. (a), and of the Common Pleas Division in Turner v. Great Eastern Rail. Co. (b).1 (x) Lovegrove v. The London, Brighton and South Coast Railway Company, 33 L. J., C. P. 329; 16 C. B., N. S. 669. (y) Searle v. Lindsay, 31 L. J., C. P. 106. (z) See par. 8, supra, and Woodley v. The Metropolitan Railway Company (supra), per Cockburn, C. J. (a) 38 L. T. Rep. 201. 'An employee is liable to a coëmployee, engaged in the same general business for a common employer, for injuries resulting to the latter from the negligence of the former in the discharge of his duties. Hinds v. Harboll, 58 Ind. 121 (Albro v. Jaquith, 4 Gray, 99, and Southcote v. Stanley, 1 H. & N. 247, denied). (b) 33 L. T. Rep. 431. INDEX. ACCEPTANCE- of deposit, 66. [The references are to the marginal pages.] of bill, ratification of, ib. drawee alone bound by, 181. effect of, in enabling consignee to maintain trover, 391. ACCEPTOR- for honour liable on bill, 179. cannot limit liability as drawee, 184. of bill, rights of, to retain property of drawer, 321. ACCOUNT, liability of agent to, 247. ACQUIESCENCE — ratification implied from, 67. of principal, a good defence in action for profits made by agent, 246. power to appoint sub-agent inferred from, 44. ACT OF GOD, defence of, in action for tort, 230 n, 494. assent to, amounts to ratification, 55. brought, ratification of, 133. when conclusive evidence of election, 449. ADJUSTMENT OF TERMS, commission payable on, 337. ADMIRALTY COURT ACT, 1861, gives jurisdiction to admiralty in claims by ADMISSION by principal in action by agent, 388. ADMISSIONS- of agent acting within scope of authority bind the principal, 153, 440. by letter, 155. with reference to bygone transactions, ib. of hearsay evidence, ib. of agent abroad, 156. by co-trespasser, ib. of agent's interpreter, 157. by directors, ib. there must be proof of agency to make, evidence, ib. tendency of the courts, 158. ADVANCE- contracts made in consideration of an, include what, 421. general and special defined, ib., 101, 452. may be express or implied, 16. relaxation of old rule, ib. mode of, depends upon — (a) the form in which the authority is to be executed, 17. (b) the corporate or other character of the body from which the au- effect of 8 & 9 Vict. c. 106, upon, 17. to sign contract, when required to be in writing, 17 n, 18. to execute a deed, required to be in writing, 18. who may be, 13. as a rule any person of sane mind may execute a naked authority, ib. no agent can be appointed to do an illegal act, or an act inseparably an- nor can one of two contracting parties be an agent for the other for the same person can not be agent of both parties, 14 n. agent cannot act both for himself and principal in the same transaction, 14 n. Duties and liabilities of: to his principal, 212, 298. duties of particular classes of agents, 217. an agent is liable, whenever he violates his duties, to indemnify the the damages may be nominal or substantial, 228. omission to perform gratuitous undertaking, 235. when agent liable, ib. negligence in performing undertaking, 237. failure to exercise due skill, 238. profits made in course of agency belong to principal, 243. when for interest, 247, 248. sub-agent accountable to agent, agent to principal, 248. neglect renders agent liable to forfeit commission, 250. effect of mere irregularity, ib. agent cannot dispute principal's title, ib. when a bill for account lies, 251. grounds on which the equitable jurisdiction is founded, ib. effect of pleading account stated, ib. effect of proof of mistakes and omissions in part only of the account effect of proof of fraud, ib. agent's duty to notify principal of facts necessary to his security, 213 n. AGENT-continued. Duties and liabilities of fiduciary agents: no opposition between the terms agent and trustee, 555. fidudicary relation defined, ib. wide application of principles, ib. rules with reference to the dealings of persons in fiduciary relations, 256. nature of evidence to prove the relation, 257. agent employed to purchase, 262-272. trustee for principal if he buys for self, 262. intent immaterial, 269, 270. no loss need be proved by principal, ib. agent employed to sell, 272-276. necessity of good faith, 272. his right to contract, 273 et seq. jealousy of courts in watching transactions after relation has ceased, 274. Liabilities of agent to third parties, 299-334. where agent contracts without authority, 300. agent contracting after death of principal, ib. belief of agent immaterial, 303. where he contracts in his own name, 304. agent prima facie liable, ib. admissibility of parol evidence, ib. et seq. personal liability cannot be removed by proof of agency, 305. agent of undisclosed principal may be rendered liable by evidence of agent may show that an instrument does not contain the real agree- where there is no responsible principal, 308 n. where money is paid to agent for use of his principal, 312. the money must be received by agent as agent, 313. money paid over, without notice, ib., 315. action cannot be brought to try right to hereditament, 315. money paid by mistake is recoverable, ib. effect of want of privity between agent and third parties, 318. money paid over to principal cannot be recovered if agent had no questions where agent is stakeholder, 319. where the principal directs agent to make payment, 320. evidence in cases of specific appropriation to meet bills of exchange, distinction between specific appropriation and a remittance, 324. in tort, 328. Rights of agent against his principal: Commission, 335. the right to, may be express or implied, 336. circumstances under which claim may be made, ib. to entitle a broker to, there must have been an employment by the circumstances under which a broker is entitled to and amount of, when agent forfeits his right to, 344 n. broker not entitled to, from both parties, 345 n. when entitled to compensation for extra services, 348 n. right to, depends on performance of contract, 336. on goods bought, 337. on sale of advowson, ib. when performance is prevented by principal, the agent can recover AGENT-continued. - Rights of agent against his principal — continued. none where work wholly useless through agent's default, 341, 344. when agent mixes principal's property with his own, 344. no right to, when the services performed are not those authorized, b. no right to, on transaction entered into in violation of duty to prin- or on illegal transaction, unless the illegality is due to con- claims to, founded on custom are governed by such custom, 347, rules applicable where the agent's engagement, being for a definite claims to prospective, ib. Indemnity: Lien: where entire contract is to be performed, 351. agent entitled to, 353, and n. to recover, the agent must act with authority, or his conduct must be no, between wrongdoers, 355, 360 n. for services useless by reason of agent's default, 356. authority may be express or implied, 357. on destruction of subject-matter on which agent is employed, 358. definitions and divisions, 362. of agent, generally possessory, ib. distinction between, and pledge, ib. how created, ib. conditions necessary to establish at common law, 363. general and particular, ib. the necessity of possession, ib., 364. possession must be continuous, ib. be acquired bona fide, ib. acquired through agent, requisites, 365. the chattel must come to agent in character in which he makes claim must agree with terms on which possession was given, 367. Liens of particular classes of agents: auctioneers, 368. bankers, ib. brokers, ib. factors, ib. common carriers, ib. where the agent has contracted personally, 379. is the real principal, 380, 384 and n. has a special property, 385. money is paid under illegal contract, or by mistake to the where he acts as agent merely, no personal right to sue, 385. in tort, 389. |