Commentaries on the Law of Negligence in All Relations: (including a Complete Revision of the Author's Previous Works on the Same Subject)

Pirmais vāks
Bowen-Merrill Company, 1905

No grāmatas satura

Saturs

War vessels
2
Steamvessels having rafts in tow 6773 Small fishing vessels
3
Use of deceptive lights 6775 Absence or improper position of lights must have been proximate cause of collisionBurden of proof
4
SOUND SIGNALS SECTION 6778 Sound signals are given by short blasts on the whistle 6779 Vessels meeting head on or nearly head on 6780 Ove...
6
Vessels not under wayVessels leaving docks
7
Signals are intended for companions of assenting vessel 6785 Presumption that signal was given within the proper distance 6786 Burden of proof tha...
10
SECTION ARTICLE III LOOKOUTS 6789 Necessity for maintenance of lookouts 6790 Efficiency of lookout 6791 Position of lookout 6792 Look...
11
CHAPTER CLXXI
15
The privileged vessel must keep her course
17
SECTION CHAPTER CLXXII
19
Vessel must keep out of the way of a vessel on her starboard side 6809 Privileged vessel must maintain her course and speed
21
Change of course may change status of approaching vessel 6811 Navigation rules give way to special circumstancesVessels leav ing slip to enter upo...
22
Duty to slacken speed or stop or reverse
23
Further of duty of steamvessel to avoid sailingvesselPresump
26
CHAPTER CLXXIV
32
MOORED VESSELS 6840 Duty of vessels navigating in vicinity of moored vessels 6841 Collision between departing vessel and moored vessel 6842...
39
Vessel breaking away from her mooring
40
General duties of moored vessel 6845 Duty where moored alongside other vessels
41
Vessels lying at end of pier 6847 Vessel moored so as to project beyond end of pier or dock
42
Fault where vessel moored in an exposed position 6849 Hawsers stretched across slip 6850 Presumption of fault SECTION ARTICLE III OTHER VE...
43
Dredging and wrecking vessels and floating elevators
45
CHAPTER CLXXVI
46
Rule where steamship encounters encumbered tug 6859 Tug not an insurer of tow against marine perils
47
Tug not servant nor agent of
48
Joint liability 6862 Adequacy of tug and fitness of
49
Duty of rival tugs racing after towInterference by rival
50
Care as to makeup of
51
Shifting tow 6866 Length of hawser
52
Use of bridle
53
Care with reference to navigation when channel is filled with mcv
54
Care in attaching to tow and starting on voyage
55
Care of tow as dependent on soundness of her condition 6873 Care with reference to overhead bridges 6874 Collisions between different vessels in t...
56
Liability for injury to tow attached without knowledge of
57
CHAPTER CLXXVII
60
Vessels in harbors and channels held to the observance of the gen eral navigation rules
61
Further of the applicability of the general rules 6887 The rules in their application to overtaking vessels 6888 Channel defined 6889 Right of
62
Speed of vessels
63
Speed must be moderate to avoid danger from suction and swells
64
Navigation with reference to slips and wharves
65
Vessels turning in stream
66
Navigation around bends in rivers and channels
67
Navigation of East River
68
Navigation through Hell Gate
69
Collisions with rowboats 6898 Care in navigation with reference to bridges
70
Collision with gasmain in riverbed 6900 Launching vessels 6901 Vessels breaking loose from ways 6902 Taking on pilots
72
FERRYBOATS SECTION 6906 Subject to general rules of navigation 6907 Entering and leaving silp
73
CANALBOATS SECTION 6910 Starboardside rule extends to canals 6911 Overtaking boats 6912 Tying up canalboats
76
Weather conditions calling for signals and care
81
Starboard rule inapplicable to vessels navigating in
87
CHAPTER CLXXX
92
Cases where division of damages will be allowed
93
Rule where more than two vessels are involved 6947 Burden of proving mutuality of fault where fault of one is manifest 6948 Method of apportioni...
94
What damages are included
95
Rights of the cargo under the Harter act 6951 Inevitable accidents
96
CHAPTER CLXXXI
98
Securing limitation by surrendering vessel
100
Interest of owner in freight pendingMeaning of terms 6960 Formal abandonment not required in case of total loss 6961 Limitation applies to all mari...
101
Waiver of right to claim benefits of limitation act 6963 Time at which value of vessel and freight will be determined
102
Where proceedings may be instituted 6965 Insurance not an interest in the vessel
103
THE HARTER ACT SECTION 6968 Scope of act 6969 Not applicable to passengers or baggage 6970 Due diligence to make vessel seaworthy 6971 ...
104
Burden of proof of seaworthiness 6973 Faults in navigation or management
106
Vesselowner adjudged free from liability under Harter Act cannot demand contribution
107
State of the Law Previous to Lord
111
Maritime law without a remedy
117
Judgment as Bar to Another Action 70337035
118
Action in another State if statute is not dissimilar
124
Jurisdiction of State courts for injuries on the seas
130
Further of felonious killing 7009 Not necessary that defendant should be guilty of murder in the first degree
131
WHEN ACTION TO BE COMMENCED SECTION 7012 Statute of limitationsAccrual of action 7013 Further of accrual of actionRule in Tennessee ...
144
Accrual of action under Missouri statute
146
When action deemed commenced 7016 Extension of statutes limiting time for commencement of action Infancy
147
Amendment of pleadings after statute has
148
WHEN THE ACTION ABATES SECTION 7020 Death of beneficiary 7021 Further of the effect of the death of the beneficiary
149
View that amount of damages is limited to lifetime of deceased beneficiary 7023 Death of wrongdoer 7024 Death of administrator bringing the action
151
COMPROMISE AND RELEASE SECTION 7027 Power of representative to compromise and settle claim 7028 Settlement with injured person in his ...
152
Contracts for release from liability for future injuriesRelief as sociation 7030 Compromise or release by beneficiary
153
JUDGMENT AS BAR TO ANOTHER ACTION SECTION 7033 When a judgment will bar a subsequent action 7034 Recovery by injured person in ...
154
DISTRIBUTION OF DAMAGES AND ASSIGNMENT OF SECTION CLAIM 7038 Distribution of damages 7039 Assignment of interest
156
CHAPTER CLXXXIV
159
Personal representativeDefinition
160
Special and ancillary administrators
161
Beneficiaries and not personal representatives must sue in some jurisdictions
162
Beneficiary allowed to sue where no personal representative ap pointed 7047 Heir or personal representative may sue in California
163
Who are next of kin 7049 Dependent next of
164
Pecuniary benefit from life of deceased as a condition to recovery
166
Death of children of tender years 7052 Widow entitled to entire recovery under certain circumstances 7053 Commonlaw wife
168
Effect of divorce and separation 7055 Parents and collateral relatives not included in term heirs
169
Whether father or mother meant by term parent 7057 Who included in the term childrenIllegitimate children
170
Posthumous child 7059 Effect of emancipation of child
171
Parties in actions for felonious killing 7061 Parties in actions for death in mines
172
Identity of claimants 7063 Persons liable
173
CHAPTER CLXXXV
176
Deceased must have been free from contributory negligence
178
Selfdefense inevitable accident command of
179
Existence of persons having better right of action
180
CHAPTER CLXXXVI
182
Constitutional provisions against limitation of recovery
183
Duty of jury in estimating damages 7079 Nominal damages
184
Exemplary damages
185
Exemplary damages under Texas statute
186
Damages limited to pecuniary injury allowing nothing by way of solatium
187
Remote and speculative damages not recoverablePossibility of promotion
190
Damages for death of parent
191
Damages for death of husband 7086 Damages for death of wife
192
In case of death of infant
193
Further of measure of damages for death of infant
194
Damages recoverable by collateral relatives not dependent upon de ceased for support
196
Expectation of future pecuniary benefits
197
What are probable earnings 7093 Nursing medical attendance funeral expenses
198
Skill in the management of wealth as an element of damages 7095 Sufferings of deceased as an element of damages 7096 Expense of finding body
200
Measure of damages under Kentucky statute 7098 Rule under Missouri statute
201
Annuity as basis of calculation 7100 Duty of jury to consider present worth of recovery
202
Probable duration of lifeMortality tables as evidence
203
Deduction of support and other items
204
Mitigation of damages
205
Quantum of damagesWhether recovery is excessive
206
Quantum of damagesWhether damages are adequate
214
CHAPTER CLXXXVII
216
PLEADING SECTION 7114 Existence of beneficiaries
217
Whether particular acts of negligence must be pleaded
218
Averment of damages and pecuniary interest in life of deceased
219
Dependency of beneficiaries 7118 Pleading statuteAverment that deceased could have maintained action if death had not ensued 7119 Loss of services
220
Pleading the fact that deceased was unmarried 7121 Averment of survival or of immediate or instantaneous death
221
Custody of children in care of another 7123 Joinder of causes of action
222
Exemplary damages must be demanded 7125 Amendments
223
EVIDENCE SECTION 7129 Evidence relating to deceased 7130 Evidence of earnings under punitive statutes 7131 Professional income not to be pr...
224
Number age and sex of children
228
Moral character of beneficiary 7137 Evidence to prove marriage of parties 7138 Wealth and standing of defendant
229
Rules of evidence where action is criminal in form 7140 Presumptions and burden of proof in actions for deathHabits of deceased
230
INSTRUCTIONS SECTION 7144 General rules 7145 Instruction where portion of plaintiffs suffered no pecuniary in jury 7146 Instruction for death...
231
In General SS 71527155
237
CHAPTER CXC
246
Doctrine of exemplary damages qualified by some and wholly re pudiated by other courts
247
Right of recovery of exemplary damages depends on motive
248
Willful and wanton injuryIllustrations
249
Gross negligence
251
Further of gross negligence 7169 Award and amount of exemplary damages within the discretion of the jury 7170 Exemplary damages proper only ...
252
Financial condition of defendant 7172 Gross negligence in sale of drug
253
Malpractice of physicians 7174 Liability in the case of a private corporation or employer for negli gence of agents or servants
254
Ratification by corporation 7176 Further of ratification
255
Municipal corporations not generally liable 7178 Lessor of a railroad may be liable for acts of lessee
257
The rule in its application to carriers generally 7180 Wrongful ejection of passenger
258
Further of ejection of passengerMistake
259
Failure to stop trains
260
Negligence in connection with boarding and alighting from cars 7184 Refusal to sell tickets 7185 Expulsion of child travelling on halffare ticket
262
Dishonor of railroad tickets 7187 Expenses of litigation
263
CHAPTER CXCI
264
Remote speculative or conjectural damages
265
Cases where damages have been held remote or speculative
266
Examples of damages not remote or speculative 7198 Difficulty of computation not conclusive on question
267
Evidence to disprove contention of proximate result 7200 The doctrine in its application to injuries of passengers
268
Further of injuries to passengers 7202 Loss of profits
272
Oversight of business prevented by injury causing loss of profits
274
Past and prospective damages may be recovered
275
Reasonable certainty required for prospective damages
276
DUTY TO LIGHTEN CONSEQUENTIAL DAMAGES SECTION
277
No recovery for damages enhanced by negligence of injured person 7210 Duty to obtain medical attendance
278
Damages enhanced by errors of medical attendants
279
Duty of passengers expelled from or prevented from boarding train 7213 Duty to employ help to save property though advanced wages are demand...
280
CHAPTER CXCII
281
Prior condition of injured person
282
Other avenues of employment open to injured person
283
Ejection of passengers 7221 Repairs increasing the efficiency of vessel injured 7222 Character of the injured person
284
Death of animalsValue of hides and pelts 7224 Existence of other water source in cases of pollution 7225 Matter in mitigation should be pleaded
285
CHAPTER CXCIII
286
Permanent and temporary injuries to land 7230 Failure of excavator to protect foundation of adjoining building 1231 Damages to land by the neglig...
287
Flooding lands 1233 Damages for lowering water level 7234 Negligence of title company
287
Negligent destruction of buildings and contents
292
Injury to building by explosion of dynamite 7242 Personal propertyLoss of
294
Injuries to vehicle
295
Loss of property of guest at hotel 7245 Injury to traction engine by collision 7246 Damages from the death or injury of domestic animals
296
Injury to horse not physical in its nature 7248 Injuries to animals from fright 7249 Injuries to vessels
297
Further of injuries to vessels
299
Injuries to tow 7252 Loss of time of employés through obstruction of river 7253 Injuries to nets by negligence of vessels
300
Breakdown of county bridge 7255 Damages for injuries by carrier to subject of shipment
301
Damages for delay of carrier
302
Damages to third person by negligence of carrier of goods 7258 Where property has no general market value 7259 Duty to minimize damages
304
Subrogation of insurer 7261 Interest on damages
305
CHAPTER CXCIV
306
Malpractice of physician setting broken arm 7275 Liability of druggist to third person taking poison sold as medicine
310
Exhibition of person of plaintiff to the jury 7278 Evidence to disprove claim of extent of injury 7279 Susceptibility to disease as result of injury may...
313
Not necessary that witness should testify to amount of damages 7281 Instructions
314
Further of instructions
316
SECTION ARTICLE II LOSS OF TIME AND WAGES 7286 Loss of time a proper element of damages 7287 Amount depends on nature of employ...
317
IMPAIRED CAPACITY FOR LABOR 7294 Necessary that injury should be permanent
321
Amount of such damages difficult of ascertainment
323
Fact of present payment to be considered 7297 Rule in case of convict injured during confinement in penitentiary
324
Comparison of wages before and after injury as indicating extent of impairment
325
Recovery not defeated by receiving higher wages after injury
326
Partial incapacity under English Workmans Compensation Act 7301 Measure in case of person working on commission 7302 Personal oversight and...
327
Effect of former impairment 7304 Mental impairment as result of injury may be shown 7305 Earnings of unlicensed physician
328
Whether impairment of earning capacity must be specially averred 7307 Extent of loss must be shown 7308 Evidence to show whether capacity for l...
329
Mortality tables as evidence to show duration of life of injured per
330
SECTION ried women ARTICLE IV PHYSICAL PAIN AND MENTAL ANGUISII 7315 Pain and suffering a proper element 7316 No certain gauge...
332
Recovery may be had for future suffering
335
The physical pain and suffering for which damages may be allowed
336
Mental anguish
337
COST OF CURE SECTION 7327 Expenditures incurred for medical attendance a proper element of damages
342
Causal connection between injury and attendance essential 7329 Expenditures for attendance must have been reasonable in amount
343
Aggravation of injury by malpractice 7331 Gratuitous medical and nursing services
344
Special treatment 7333 Necessity of evidence of amount of medical expenses 7334 Expenses of nursing
345
Recovery in actions by married woman
346
Recovery by infant 7337 Pleading such expenses
347
RECOVERY BY THIRD PERSON SECTION 7341 Action by husband for injuries to wife 7342 Recovery may include both loss of service and dimi...
348
Where the action is by wife for injury pending suit for divorce
349
CHAPTER
401
Fraud as a ground for rescinding a release
407
Mistake as a ground for rescission
413
Evidence relating to releases
420
of Law and Fact
425
CCXII
426
Rule where the evidence so clearly shows negligence that a verdict
432
In cases of streetrailway injuries
440
A collection of cases in which the negligence of the defendant
447
CHAPTER CXCVIII
454
7420
460
PARTIES DEFENDANT
463
When husband and wife should be sued jointly and when separately 7430 Liability of independent contractors to third persons
464
Liability of landowners with reference to negligent acts committed on their land 7432 Cases illustrating the liability of the landowner
466
Cases illustrating the nonliability of the landowner
468
Liability of assumed owner of property 7435 Joint tortfeasor as party defendant
469
Actions against telegraph companies
471
Actions against both master and servant
473
Parties defendant in actions for injuries resulting from the con struction or operation of railroads
475
Liability as between streetrailroad companies and other persons
478
Liability as between municipal corporations and other persons
480
CHAPTER CXCIX
482
Examples of pleadings wanting in particularity
490
Examples of pleadings not open to this objection 7450 Matters necessarily inferred
491
Alternative averments
492
Control as between general and special allegations of negligence
493
Complaint good in part 7454 Matters pertaining strictly to the remedy
494
Forms of actionTrespass and case
495
Forms of actionWhether ex contractu or ex delicto
497
Proximate cause
498
Allegation of duty
500
Separate counts
501
Demurrer 7461 Motion to make more specific
502
Bill of particulars
503
Whether contributory negligence should be negatived 7464 Where contributory negligence is apparent on the face of the com
504
Willful and gross negligence
506
Averment that injury could have been avoided by the use of due care by defendant after discovery of plaintiffs peril 7467 Joinder of causes of action
508
Effect of joinder in caption but not in body of complaint
510
Averring one kind of negligence and recovering on anotherVari
514
Allegation of fact of consolidation of corporations after infliction
520
Fire set out by locomotive must be proximate cause 7502 Averment of ownership of property injured by fire 7503 Negligent construction of roadbe...
525
PLEADINGS IN ACTIONS AGAINST CARRIERS SECTION 7509 Right of passenger on train should be averred
537
Injuries received in boarding and alighting from train
539
Refusal to stop train at station 7512 Passengers injured while riding on platform 7513 Ejection of passengers
540
Averment that wrongful act of servant was within scope of his duties 7515 Breach of duty need not be averred 7516 Allegation of service of notice o...
541
Carriers of goods
542
PLEADINGS IN ACTIONS BETWEEN MASTER AND SECTION SERVANT
543
Complaint should allege existence of relation between the parties 7523 Generally as to allegations of duty
544
Allegation that plaintiff was acting within the scope of his employ ment 7525 Particularity and certainty of avermentIllustrations
545
Place of the happening of the accident causing injury
546
Allegation as to safety of place for work
547
Defective appliances furnished employé
548
Masters knowledge of the existence of the defect
550
Ignorance of master due to failure to inspect 7531 Servants want of knowledge of defect
554
Failure to safeguard dangerous machinery
555
Failure to warn servant of dangers
555
Youthful and inexperienced servants 7535 Injury where set to work at a different employment
555
Averment as to the rules for the overnment of employés 7537 Fellow servants
556
Incompetency of fellow servants
557
Insufficiency of force 7540 Assumption of risk
561
Injury to railroad employés crossing tracks 7542 Collision with overhanging objects 7543 Injuries received while coupling cars
563
Injuries in mines
564
Examples of inconsistent allegations ARTICLE IV PLEADINGS IN ACTIONS AGAINST MUNICIPAL COR PORATIONS SECTION 7551 Corporat...
565
Pleading absence of contributory negligence
575
Plaintiffs ignorance of defect need not be averred 7567 Unnecessary allegations in complaint 7568 Allegation of service of claim or notice of intent to
576
Complaint in case of appeal from disallowance of claim by city 7570 Illustrations of sufficient petitions in highway cases
577
Illustrations of insufficient petitions
579
Variance between pleading and proofIllustrations
580
PLEADINGS IN CASES OF INJURIES FROM DANGEROUS PREMISES SECTION 7577 Action for negligence or for nuisance 7578 Right of injur...
581
Liability of landlord 7580 Want of knowledge of danger by injured person 7581 Injuries to children 7582 Places attractive to children 7583 Compla...
582
PLEADINGS IN MISCELLANEOUS CASES OF NEGLIGENCE SECTION 7587 Injuries on highways 7588 Negligence of street railroad companies...
585
Failure of vessel to give danger signals must be pleaded
588
Malpractice of physician 7593 Malpractice of attorney 7594 Dangerous agenciesGas explosions
589
Injury by runaway horse at race 1596 Injury to vessel by failure to open a drawbridge 7597 Sale of dangerous drug to minor
590
CHAPTER CCI
591
CHAPTER CCII
599
Pleading contributory negligence 7618 Unreasonableness or invalidity of ordinances
603
Excusing failure to give railway signals 7620 Denial on information and belief 7621 Admission of presentation of claim for damages 7622 Denial th...
604
Plea of agreement not to sue 7624 Plea of release by membership in relief association 7625 Pleas in actions involving master and servant relation
605
Cure of defects in complaint by allegations in answer
607
Burden of Proof as to Various Evidentiary Facts 7695
612
This subject how connected with that of burden of proof
621
Right to rely on presumption not waived by pleading particular
627
Evidentiary facts which have been held to call for the application of this maxim
633
Cases which deny the application of the rule of res ipsa loquitur
635
In case of accidents arising under obscure circumstances
640
PRESUMPTIONS AS TO PARTICULAR FACTS SECTION 7654 Laws of sister State or foreign country 7655 Statutory presumptions where circums...
641
Refusal to furnish information when applied
642
Fact that no previous accidents have occurred 7659 Ownership of thing causing the injury
643
Capacity of child to appreciate danger 7661 That public work was authorized 7662 Safety of streets and highways 7663 Failure to construct sidewalk...
644
Objects in highway calculated to attract children 7665 Unattended and runaway horses 7666 Unsafe premises
645
Falling objects generally
646
Fall of electric wires 7669 Fall of elevator 7670 Violation of speed ordinance 7671 Defective railroad crossings
647
Presumption of rightacting in crossing accidents
648
Failure to sound crossing signals 7674 Animals killed or injured on railroad tracks
649
Acquiescence in use of railroad right of way by pedestrians 7676 Unnecessary blowing of locomotive whistle under wagon bridges 7677 Proper con...
650
Fires set out by locomotives
651
Fires set out by traction engines 7680 Injuries to passengers
652
Masters knowledge of dangers of service 7682 Competency and habits of fellow servants
653
Presumption that employé received a copy of rules 7684 Employment of inexperienced motorman 7685 Negligence in the employment of independ...
654
Failure of a bailee to redeliver goods
655
Loss of effects of guest in hotel ARTICLE IV BURDEN OF PROOF AS TO VARIOUS EVIDENTIARY FACTS SECTION 7695 Burden of proof ge...
656
Meaning of term prima facie evidence of negligence
659
Where cattle are killed or injured on railroad track
661
Insufficiency of locomotive bell 7707 Ejection of passengers 7708 Care as to effects in sleeping car 7709 Care in the transportation of goods
662
Care of goods by carrier where warehouseman relation has at tached 7711 That loss of goods resulted from a cause excepted in the bill of lading
664
Carrier must explain unreasonable delay 7713 Authority of station agent to contract for shipment of goods 7714 Care in the transportation of live sto...
665
Validity of valuation placed on consignment 7716 Care in running street cars
666
Street railroad signals at crossings 7718 Burden of proof of authority of servant 7719 Care in the relation of master and servant generally
667
That disobedience of masters orders did not contribute to injury 7721 Fellowservant relation 7722 Competency of child assigned to dangerous machi...
669
Assumption of risk 7726 Statutory provisions for protection of employés
670
CHAPTER CCV
671
Res gesta continuedDeclarations of bystanders 7734 Exclamations and declarations of existing pain
675
Declarations of injured person to physician
676
Statements of physician to patient
677
Dying declarations 7738 Admissions against interest 7739 Admissions and declarations competent for purpose of impeach ment
678
Declarations and admissions of viceprincipal 7741 Admissions of agents and servants
679
CHAPTER CCVI
682
Further of inadmissible opinion evidenceExamples
685
Grounds for admission of expert opinion evidence
686
Opinions admissible where facts incapable of presentation by one other than observer
687
Matters deemed the subject of expert opinion evidence
688
Further of matters deemed the subject of expert testimonyMas ter and servant
689
Competency of experts
690
Nonexpert may testify as to speed of trains
692
Medical experts
693
Hypothetical questions
696
DamagesValues 7758 Questions as to intoxication distance etc relate to facts and not opinions
697
Appearance or health of injured person is a question of fact
698
Opinion as to legal effect of contract 7761 Witness may not state opinion of others 7762 Conclusions of witnesses
699
SECTION CHAPTER CCVII
701
Abrogation of rules by habitual violation
706
Warning and instructing youthful and inexperienced employés
707
Inability to designate with certainty the defect causing injury 7776 Comparison with methods and conditions of employment elsewhere
709
Evidence to show that safer methods could have been adopted 7778 Other appliances available to employé
711
Evidence of previous accidents from same cause
712
Insufficiency of force
713
Employment and retention of incompetent fellow servants
714
Evidence of competency of foreman
716
Negligence of defendant at other times 7786 Scaffolds and derricks
717
Injury in elevator not intended for use of employés 7788 Flying switchesKicking cars
718
Overhead bridges and other overhanging objects 7790 Various matters of evidence relating to railroad signals
719
Written report of accident to State officials not admissible 7792 Habits of injured person
720
CHAPTER CCVIII
721
Omission of signals at crossings
723
Whether the plaintiff injured at a railroad crossing exercised due care for his own safety
724
Injuries caused by defects in railway crossings 7803 Injuries to pedestrians while crossing highways obstructed by trains
725
Glare of headlight 7805 Injuries to trespassers on railroad track or premises
726
Injuries to animals on track
727
Frightening animals by methods of operation
728
Fires set out by locomotives
729
Further of fires set out by locomotives 7810 Failure to observe rules may be shown
731
Evidence as to what railroad company was responsible for the wrong 7812 Admissible scientific works on question of stopping trains
732
CHAPTER CCIX
733
Whether injured person stopped looked and listened
734
Distance at which electric car can be heard 7819 Discernibility of objects on track ahead 7820 Custom as to running on particular track of double tra...
735
CHAPTER CCX
737
Injuries received in boarding or alighting from cars
738
Admissibility of rules for government of employés
739
Evidence of condition of track at other places 7831 Condition of roadbed after derailment may be shown 7832 Cost of equipment not relevant 7833 ...
740
Speed of train to show violence of collision 7835 Unsuitableness of place selected for ejection of female passenger 7836 Injuries from insane fellow ...
741
CHAPTER CCXI
742
Evidence of official resolutions reports ordinances
743
Various questions of evidence relating to the defect which caused the injury
744
Barricades and lights at excavations 7844 Evidence of the condition of the highway near the time of the accident
745
Condition of the highway at other places
746
Further of apertures defects obstructions etc 7847 Evidence that others had used the highway without accident
748
Doctrine that such evidence is admissible
750
Evidence of subsequent repairs 7851 Other safe route which might have been taken
751
Evidence of the habits of the plaintiffs horse 7853 Evidence to show that other horses were frightened by object in highway
752
Evidence of careful and skillful habits of traveller 7855 Relevancy and irrelevancy of evidence in particular cases
753
Evidence for the defendant
755
CHAPTER CCXII
758
Evidence to show hostile feelings of the witness 7868 Ordinances
762
Records of Weather Bureau 7870 Evidence of conditions before and after accident
764
Evidence of repairs and precautions after the accidentWhen such evidence admissible
766
Evidence of similar accidents or long use without accident
769
Evidence to prove general condition of gas pipe 7874 Experiments and tests
770
Verification of model used for purpose of illustration 7876 Diagrams 7877 Photographs and maps
772
View of locality
774
Compulsory examination of injured person 7880 Exhibition of parts of body amputated or removed
775
Injured person may wear clothes worn at time injury was received 7882 Customs and usages
776
Habits and reputation
777
Habits and character of independent contractor 7885 Youth as reason for failure to call witness 7886 Reason for bringing suit in particular jurisdictio...
779
Malpractice of physicians surgeons dentists and attorneys 7889 Dangerous premises
780
Defects in bridges and approaches
781
Negligence in condition of electric wires and apparatus
782
Injuries by animals
783
Injuries caused by reckless driving
784
CHAPTER CCXIII
785
As to general and special instructions 7900 Instructions as to gross negligence
786
Instructions should be clear and easily understood 7902 Particular words and phrases used in instructions
787
Methods of stating general rules and exceptions 7904 As to repetition of instructions
789
Burden of proof and presumptions
792
Instructions on the weight of the evidence
794
Instructions as to facts necessary to constitute negligence
795
Instructions on circumstantial evidence 7913 Number and credibility of witnesses
796
Instructions on credibility of witnesses as affected by interest or relationship 7915 Assumption of facts in instructions
797
Proximate cause of the injury 7917 Instructions as to mere accident
799
Instructions as to liability of the defendant notwithstanding the plaintiffs negligence
800
Acting in the face of sudden peril 7920 As to conflicting instructions
801
Instructions should be considered as a whole
802
Error harmless where jury not misled 7923 Instructions in actions for negligent injuries to children
803
Sufficiency of anchor
808
Autortiesības

Bieži izmantoti vārdi un frāzes

Populāri fragmenti

138. lappuse - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
116. lappuse - Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin...
562. lappuse - The ruling was in form that there was no evidence of negligence to go to the jury...
538. lappuse - General damages are such as the law implies or presumes to have accrued from the wrong complained of. Special damages are such as really took place and are not implied by law...
575. lappuse - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable 1 48 Am. St. Rep. 146. evidence, in the absence of explanation, by the defendant, that the accident arose from a want of care.

Bibliogrāfiskā informācija