117

of the defendant to prevent the injury, and a corresponding duty on the part of the child to prevent it, taking into consideration its age, capacity and discretion.1 But it has been held error to instruct the jury in an action against a street railroad company that the law requires greater care and caution toward a child than toward an adult, and that which might not constitute negligence toward an adult might be negligence toward a child, without giving any criterion by which to determine whether the street railroad company exercised proper care under the circumstances.118 On the question of damages it has been held error to instruct the jury that they may allow damages for loss of time and inability to work after a child should become twenty-one years old, if they believe he would sustain such damage on account of such injuries, where there is no evidence on the question of the permanency of the injury or that he will not be able to work when he becomes twenty-one years of age.110

117 Mitchell v. Tacoma R. &c. Co., 13 Wash. 560; s. c. 43 Pac. Rep. 528. 118 Mitchell v. Tacoma R. &c. Co., 9 Wash. 120; s. c. 37 Pac. Rep. 341.

119 Illinois Iron &c. Co. v. Weber, 196 Ill. 526; s. c. 63 N. E. Rep. 1008; rev'g s. c. 89 Ill. App. 368.

GENERAL INDEX.

[References are to Sections-Vol. I, §§ 1-1339; Vol. II, §§ 1345–2529;
Vol. III, §§ 2535-3715; Vol. IV, §§ 3721-5318; Vol. V,

ABATEMENT,

§§ 5324-6749; Vol. VI, §§.6753-7923.]

action for death abates when, 7020-7024.

ABATEMENT OF NUISANCE,

private act, liability for, 254.

ABBREVIATIONS,

judicial knowledge of meaning, 7630.

telegram, notice of nature and importance, 2474.

ABUSE,

street railway, protection of passenger from, 3539.
ABUTTING OWNER,

areas and holes in sidewalk, liability for, 1200, 1201.
buildings, obstruction of highway in erecting, 1222-1224.
employment on premises, highway made dangerous, 1229.
excavation in street, building and repairing, 1225.

near street, liability for, 1228.

hanging object above street or sidewalk, 1214-1218.
ice and snow artificially accumulated by, 1207.

falling from roof, 1208.

natural accumulation of, abutting owner's liability, 1219.
municipal liability, abutting owner held when, 1205.
object falling from building, presumption raised by, 7636.
obstruction of street, law and fact, 1224.

temporarily permitted when, 1220-1224.
lawful, barriers required when, 1223.

pleading liability for defects in sidewalk, 7583.

presumption from happening of an accident not indulged, 7635.
repair of highway, statute or ordinance requiring, 1206.

sidewalk, statutory liability for defects in, 6159.

defects, liability as between city and owner, 6158.

openings, contributory negligence, 1202, 1203.

degree of care required, 1201.

street railway, rights against, 1348.

street railway injuring, municipal corporation liable when, 1366.
tenant's fault, landlord's liability, 1204.

tunnel under street, railway liability, 1349.

walls falling, liability for, 1213.

wrong doer's independent act, liability for, 1204.

ACCIDENT,

See RAILWAY ACCIDENT.

boom company not liable for, 6744.

child injured by, no liability, 316.

property owner not liable, 1051.

common carrier bound upon guaranty when, 6453.

death caused by, no liability, 7072.

defects not discoverable, railway not liable to passenger, 2789.
derrick breaking, negligence must be proved, 4031.

door of passenger car causing injury, 2980.

dust explosion, master's liability for, 3775, n. 29.

electrical appliances, master's duty with regard to, 4036.

[Vol. I, §§ 1-1339; Vol. II, §§ 1345-2529; Vol. III, §§ 2535-3715; Vol. IV,
§§ 3721-5318; Vol. V, §§ 5324-6749; Vol. VI, §§ 6753-7923.]

ACCIDENT-Continued.

fire causing loss, no liability when, 728, 729.

gun discharged, prima facie evidence, 787, 788.

highway injuries, municipal corporation not liable when, 5957.
horse frightened by, defective street causing injury, 6083.
instructions as to mere accident, 7917.
intervening cause of injury, effect of, 68.

master not liable to servant for, 3774, 3775.

negligence, does not constitute, 14.

navigation, liability excused when, 6951.

peril suddenly created by defendant's negligence, 80.

pleading demurrable when, 7477.

presumption of negligence from happening on street railway, 3484.
against carrier from happening of, 2754-2775.

against defendant not indulged in case of, 7640.

public places, injuries to persons in, 999.

railway tracks in street, no liability for, 1353.

risk assumed by servant, 4632.

servant cannot recover from master for injury by, 5358.
sidewalk, municipality not liable for, 6177.

street railway killing traveler, no liability when, 1410.

traveler injured by breaking of vehicle or harness, 1305.

unforseen cause combining with negligence, passenger injured, 2802.

ACCIDENT BENEFITS,

contract releasing master from liability, 4635.

ACCIDENT INSURANCE,

ACID,

municipal corporation purchasing, liability to servant, 5802.
nervous shock producing physical injuries, 157.

warning servant in manufacture of, 4123.

ACTION,

trespass and case distinguished, 7455.

ACT OF GOD,

baggage, carrier's liability for destruction, 3399.

sent on later train, carrier's liability, 3408.

boom company, defense to action for negligence, 6744, 6747.
carrier of passengers by water, release from obligation, 3652.
duty after injury to goods by, 6459.
liability, burden of proof, 6454.

not liable for loss when, 6456.

negligence contributing to injury, liability for, 6457.
delay in transportation, excuse sufficient when, 6606, 6607.
deviation from course or route, carrier's liability, 6597.

fire carried by wind, proximate cause, 126.

flood destroying railway bridge, employer's negligence, 4314.
injury caused, negligence not presumed, 2766.

not negligence when, 14.

innkeeper's liability excused by, 6663.

master not liable to servant for, 3775.

navigation, loss occasioned by, 6951.

negligence of defendant followed by, 74.

proximate cause of injury affected by, 70-72.

of loss, carrier's liability, 6458.

railway station destroyed by storm, company's liability, 2680.
retaining wall destroyed by, 714.

sewer insufficient to carry rainfall, 5877.

storm injuring passengers, carrier's liability, 2798.

telegraph poles and wires, storm blowing down, 1241.

wall falling, destruction of building. 1058, 1059.
water causing injury, liability for, 700.

[Vol. I, §§ 1-1339; Vol. II, §§ 1345–2529; Vol. III, §§ 2535-3715; Vol. IV, §§ 3721-5318; Vol. V, §§ 5324-6749; Vol. VI, §§ 6753-7923.]

ADMINISTRATOR,

death, action brought by, 7043, 7044.

judgment as bar to another action, 7033.

suit in foreign jurisdiction, 6998.

of administrator, effect on action for causing death, 7024. release without consideration, effect of, 7381.

special and ancillary action for death by, 7044.

ADMIRALTY,

comparative negligence, damages apportioned when, 286.
contributory negligence, degree immaterial, 170.

doctrine of, 6944-6951.

rule applied in, 409, 410.

death on high seas, jurisdiction of, 7000.
no recovery for causing, 6981.

limitation of liability, 6954-6974.

municipal corporation's liability for negligence, rules of, 5810.

ADMISSIBILITY OF EVIDENCE,

custom as showing negligence, 30.

railway fires, other engines setting at other times, 2371-2374.
traveler on highway, injury of, 1317.

ADMISSIONS,

See DECLARATIONS.

competent as evidence when, 7738-7743.

compromise, admissions made for purpose of, 7743.

contributory negligence, plea of, 390.

defects in complaint cured by answer when, 7626.

guardian's admissions competent against ward when, 7742.

impeachment by proof of, 7739.

pleading as to presentation of claim for damages, 7621.

vice-principal, admissions admissible when, 7740.

ADVERSE POSSESSION,

highway, proof as against municipality, 5938.

ADVERTISEMENT,

AGE,

carrier of passengers, duty measured by, 2552.

common carrier's liability not limited by, 6491.

accident to child, no liability, 316.

children deemed sui juris when, 306.

contributory negligence, circumstances concerning, 309.
question for jury when, 314.

contributory negligence, circumstances considered in determining,
309.

imputed to child when, 311, 312.

ordinary care, child must exercise when, 315.

old people, contributory negligence of, 336.

opinion of witness competent when, 7758.

parent's action for child's injuries, negligence of child, 331, 332.

[Vol. I, §§ 1-1339; Vol. II, §§ 1345-2529; Vol. III, §§ 2535-3715; Vol. IV, §§ 3721-5318; Vol. V, §§ 5324-6749; Vol. VI, §§ 6753-7923.]

AGENTS,

See JOINT AGENTS; PRINCIPAL AND AGENT; SERVANT. admissions competent evidence when, 7741.

common carrier is when, 6420.

delivery of freight to carrier; liability when received, 6442.
limiting liability of common carrier, assent to contract, 6494.
notice concerning telegram given to, 2469-2471.

AGREEMENT NOT TO SUE,

pleading, what necessary, 7623.

AIR BRAKE,

carrier's duty to adopt, 2788, n. 288.

defects causing injury to servant, master's liability, 4393-4403.
freight train carrying passengers not equipped with, 2905.
inspection, railroad company's duty concerning, 3792.

risk assumed by servant from defects or absence of, 4774.

ALABAMA,

comparative negligence, doctrine denied, 263.
trespassing animals, statute of, 914.

ALIEN,

death by wrongful act, non-resident beneficiaries, 6997.

ALIGHTING FROM TRAIN,

evidence of injuries received in, 7828.

pleading in action for injuries, 7510.

presumption from happening of injury, 7642.

ALLEY,

municipal corporation's duty to care for, 5961.
notice to municipality of character of, 5998.

ALTERATION OF INSTRUMENT,

negligence in drawing, 34.

AMENDMENT,

death, pleading in action for, 7125.

notice of highway injuries cannot be amended when, 6341.

pleadings amended after statute of limitations has run, 7018.

in action for negligence, amended when, 7482.

railway fires, complaint amended when, 2365.

AMERICAN DOCTRINE,

common carrier's liability for negligence, contracts exempting, 6507.

connecting carrier, initial carrier's liability, 6559.

imputed negligence, doctrine denied, 3071.

AMPUTATION,

evidence by exhibition of amputated parts to jury, 7880.

servant's limbs amputated, master's failure to deliver, 3845.

ANCHORED VESSEL,

attempt to prevent collision, necessity for, 6834.

duty of moving vessel to avoid, 6829.

exposed and improper anchorage, 6831, 6832.

fouling anchors, duty of ship master, 6836.

lights and watch upon, 6830.

signals during fog, what required, 6915.

submarine cables injured by anchor, 6835.

sufficiency of anchor, 6833.

tripping anchor, duty concerning, 6835.