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

MASTER AND SERVANT-Continued.

passageways and walks, dangers concealed in, 3889.

perils arising from other work, master's duty to warn, 4069.

personal negligence of master, 3764.

physician or surgeon chosen by servant, master not liable, 3844.
master's contract to provide, 3843.

pile driver, foreman's negligence in use of, 3810.
pitfalls, master's duty to guard, 3888.

pleading change of employment causing injury, 7535.
defective appliances furnished servant, 7528.
defenses in action between, 7625.
failure of master to inspect, 7530.
to guard machinery, 7532.
to warn servant, 7533.

injuries by caving of trench, 7545.

by fellow servants, 7537, 7538.
received in mines, 7544.

insufficiency of force of servants, 7539.
knowledge of defects in appliances, 7529.
negligence of servant, 7478.

place of accident causing injury, 7526.

railroad employés injured in crossing tracks, 7541.
relation of parties at time of injury, 7522.

rules for government of employés, 7536.
safety of place to work, 7527.

scope of duties in ejecting passenger, 7514.
servant's ignorance of defects, 7531.

to negative assumption of risk, 7540.
youth and inexperience of servant, 7534.

poison injuring servant, master's liability, 3971, 3974.
presumptions as to knowledge, discretion, and experience of servant,
4079.

from hapening of injury, 7646, 7647.

in favor of master, 3864, 3866.

previous accidents, evidence competent when, 7779.

prison contractor and convicts, relation between, 3744.

procedure, questions of, 610-616.

when questions of injury by fellow servant are involved, 4905.
promise to give instruction to servant, effect of, 4080.

to repair, proof of, 7771.

reliance on is not contributory negligence, 5336.

protest before obeying orders, effect of, 5381.

proximate and remote cause, doctrine applied to servant's injuries,
3856, 3862.

defective ladders, 53.

question for jury when, 3860, 3861.

pulp mill, master's duty to servant, 4045.

railway accident, proximate cause, 107-109.

railroad and baggage man or express messenger, relation between,
3742.

employé not a trespasser when, 1719.

sent over tracks of another company, 3729.
hiring appliances and servants to another, 3724.
liability for negligent injuries to employés, 4233-4555.
negligence not proximate cause when, 109.

rules and regulations, duty to adopt, 4169-4171.
ratification of servant's act, master's liability for, 539, 3871.
reasonable care, danger to be avoided determines, 3772.
rule applied in railroad service, 3776.

receiver of railroad, 3726.

operating railroad as lessee, 3727.

relations exist when, 3721.

evidence of existence, 7767.

E

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

MASTER AND SERVANT-Continued.

relation suspended, servant outside of scope of employment, 3749.
release of liability after injury, effect of, 3854.

relief fund association, master not liable when, 3853.

repair of machinery, master's obligation to servant, 3781.
master's promise to make, effect of, 4666-4670.

needed, master charged with notice of, 3796.

request for instructions not necessary, master's duty, 4103.
res ipsa loquitur applied when, 7646-7652.
respondeat superior, doctrine of, 518-616.
machinery and appliances, 533.

risks assumed by servant, 4608-4841.

by workmen in mines, 4807-4810.

by servant, doctrine of, 4609.

defects in premises or place to work, servant assumes when,
4697-4705.

doctrine only applies to relation of, 4633.

from master's negligence, assumption of, 4614, 4618.

from elevators in buildings, 4802-4805.

not within employment, master's orders, 3814.

rules and orders of master affecting liability to servant, 3848, 3854.
abrogation by habitual violation, 7773.

burden of proof, 7718-7723.

for government of employés, proof of, 7772.

notices imposing risk on servant, 3849.

regulations, jury question when, 7403, p. 446.

concerning assumption of risk, effect of, 4636.

for protection of servant, proximate cause, 136.

for safety of servant, violation as contributory negli-
gence, 5395-5408.

master's duty to make and publish, 4135-4139.

safe place to work, master's duty to provide, 3873, 3983.

master's liability, 3760.

safer methods possible, evidence not competent when, 7777.
saw mill, master's duty concerning, 4045.

school house, negligence of workmen in, 5839.

scope of authority, effect of, 525-528.

of duty, animals injured on railway, 1986.

of employment, law and fact, 615.

servant outside of, master not liable, 3748.
pleading action within, 7524.

security, lulling servant into sense of, 4008, 4072.

servant defined, 578-606.

acting outside scope of duties, master not liable when, 3748-
3757.

care in selecting appliances, master's liability, 3760.

injured before time to begin, 3753.

liability for negligence, 5770-5779.

negligence, liability over for consequences, 3870.

properly selected, master not liable for use of machinery, 3761.

sewer construction, servant injured in, 3916.

ship, defects causing injury, owner's liability, 953.

owner's liability to employés, 4220-4239.

sickness and injury, undertaking to care for servant, 3842.
signals of sudden danger, master need not give, 4068.
sleeping-car company's liability for servant's act, 3617.
special employment by another, 3723.

specific warning not always required, 4076.
stairway dangerous, servant injured, 3890.

statutes affecting liability, decisions under, 4557-4606.
statutory duty omitted, risk not assumed, 4620, 4621.
presumptions concerning negligence, 7655.
stockholder as servant, liability for injuries, 3734.

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

MASTER AND SERVANT-Continued.

street railway liability, servant's negligence, 1407.

sudden starting of machinery, servant injured, 4006, 4007.

sufficient number of servants not furnished, master's liability, 3807.
supervision of fellow servants, master's duty, 3790.

surgeons, physicians and nurses for servants, agent's authority,
2829-2840.

for wounded servants, duty to employ, 3837.

temporary cessation of work during employment, 3752.

tenant's employés, landlord's liability, 1173.

tests in inspecting machinery, duty to apply, 3784.

theft of garments from wardrobe provided by master, 3983.
trespass, order to commit, 3816.

truckman not servant of shipper when, 3724, n. 12.

unforeseen result of master's negligence, liability for, 3774.
use for long time without accident as evidence, 3803a.
of appliances for purpose not intended, 4000.
of safe appliances causing injury, 3999.

vehicles drawn by animals, master's duty, 4046.
vice-principal, what constitutes, 3814.

violation of rules, master permitting, 4163.

volunteers and intermeddlers, elevator injury, 3907.
assisting servant, risks assumed by, 4680, 4681.
injuring servant, master's liability, 3755-3757.
master not liable, 4890.

suffering injury, master's liability, 3756.

warning and instruction, duty in various employments, 4114-4126.
duty of master does not arise when, 4060-4063.

jury question when, 7403, p. 447.

not given, illustrations of liability, 4129-4133.

nature and sufficiency of, 4106, 4107.

young and inexperienced servants, evidence of, 7774.
willful, malicious or criminal acts, master's liability, 552-574.
workman's compensation acts, decisions under, 4575-4587.
repairing fire alarm system, municipal liability, 5835.
youth and inexperience of servant, proof of, 7774.

MASTER MECHANIC,

fellow servant of what employés, 5119.

train dispatcher is not fellow servant of trainmen, 5020, 5021.

MATERIALS,

fellow servants' negligence in selection or use, 4852.

MAXIMS,

volenti non fit injuria, 185.

acceptance of risk, 4612.

MEASURE OF DAMAGES,

animals, injury or death of, 7246-7248.

building and contents, negligent destruction of, 7240.

consequential damages, duty to lighten, 7209-7213.

corporations and individuals governed by same rules, 7154.

court and jury, functions of, 7153.

crops, destruction of, 7236.

death, damages for causing, 7076-7105.

delay, carrier's liability, 7256.

direct and remote damages, 7193-7213.

duty to minimize, 7259.

dynamite exploding near building, 7241.

employment open to injured person in other occupations, 7219.

excessive damages illustrated, 7363.

exemplary damages, 7163-7187.

1

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

MEASURE OF DAMAGES-Continued.

exemplary damages depend on wrong motive, 7165.

not recoverable where, 7164.

flooding lands, damages for, 7232.

foundation of adjoining building undermined, 7230.
general damages, what constitutes, 7159.

rules concerning, 7152-7155.

goods injured, carrier's liability, 7255.

grass and hay, destruction of, 7237.

highway injuries, recovery over by municipality, 6365.
obstruction, injury caused by, 7235.

injuries to property, 7228-7261.

innkeeper's liability for loss, 7244.

insurer, subrogation of, 7260.

interest on damages, 7261.

land, injuries permanent or temporary, 7229.

market value, property not having, 7255, 7258.

mitigation of damages, 7215-7225.

negligent construction of railroad injuring land, 7231.
nominal damages, 7158.

object of damages, 7152.

official duty, neglect of, 7155.

pain in action for personal injuries, 7316.

passenger, proximate result of injury, 7200, 7201.

personal injuries, 7270-7345.

cost of cure, 7327-7337.

impaired capacity for labor, 7294-7310.

loss of time and wages, 7286-7288.

property, loss of use while repairing, 7242.

plants injured by negligence, reputation of grower affected, 7239.
profits, loss recovered when, 7202, 7203.

prospective and past damages recovered, 7204.

proximate result of injury, damages limited to, 7193-7205.

evidence to disprove, 7199.

refusal to employ assistance at excessive wages, 7213.

sewer causing damages, municipal liability, 5895.

special damages defined and illustrated, 7159.

title company's negligence, 7234.

tow injured, damages for, 7251.

trees, destruction of, 7238.

value, depreciation or destruction of, 7228.

vehicle, injury to, 7243.

vessel injured, damages for, 7248, 7250.

water level lowered by pumping, 7233.

MEDICAL ATTENDANCE,

duty of injured person to obtain, 7210.

gratuitous service, recovery for value, 7331.

personal injuries, expenses an element of damages, 7327, 7328.
seaman's right to, 5732.

ship owner's liability for failure to furnish, 4237.

MEDICAL EXPENSES,

pleading as special damages, 7607.

MEDICAL TESTIMONY,

expert witness, competency of, 7755.

MEDICINES,

husband's action for wife's injuries, 7411-7414.

MENTAL CAPACITY,

release of damages, effect of, 7372.

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

MENTAL SUFFERING,

damages for death, pecuniary compensation, 7082.
ejection of passenger, aggravation of damages, 3288.
excessive damages for injuries, 7363, p. 387.
knowledge of victim's susceptibility not essential, 7322.
personal injuries, recovery in connection with, 7320.
telegraph, addressee may recover damages when, 2482.
damages for default, 2476-2485.

elements of damages, 2483.

evidence to prove, 2513, 2516.

feelings injured as ground for damages, 2476-2478.
notice of importance of message, 2470.

physical injury must accompany where, 2479, 2480.

MENTAL WRECK,

excessive damages for injuries, 7363, p. 386.

MERCHANT,

negligence, liability for theft, 3.

teams standing in street, railway interfering with, 1362.

METALS,

hammering, injury to servants by flying chips, 3969.

METHOD OF WORK,

master's liability for adoption of, 3808.

MEXICO,

fellow servant's negligence, master's statutory liability, 5298.
MICHIGAN,

railway fires, statutory liability for, 2338, 2340.
trespassing animals, statutes of, 914.

animals falling into shaft, owner's liability, 958.
contributory negligence of miners, 5710-5722.

death, party to action for death in, 7061.

explosions in blasting, master's liability, 3921, 3925.
of gas, master's liability for, 3935.

fellow-servant doctrine applied to workmen in, 5151-5169.
independent contractor digging ore, 637.

master and servant, relation exists when, 3721.

negligence of employer not presumed from fire in mine, 7651.
pleading injuries received in, 7544.

presumption of employer's negligence from injury to servant when,

7650.

of negligence not indulged when, 7651.

risks assumed by workmen in mines, 4807-4810.
rules and regulations, unreasonable when, 4157.

statutory duty violated, contributory negligence, 210.
support removed, sinking of surface, 1124.

water, liability for escape of, 709.

running into, owner's liability, 697.