ABATEMENT.

Discharge of receiver before judg-
ment in action against him does
not abate action, but owner of
railroad must be made party.
Brown v. Gay (Tex.), 23.
AMENDMENT. See PLEADING.
ANIMALS. See also FENCES.
Carriage of animals.
RIERS; Live Stock.
Statutes.

See CAR-

Statute imposing liability for stock
killed by passing train, held to
contain provisions which are not
separable, and whole statute
therefore invalid because of un-
constitutionality of part. Ore-
gon R. & N. Co. v. Smalley
(Wash.), 550.

Washington Territory Fence Law

held unconstitutional in exacting
penalty from company which is
guilty of no fault, there being
no obligation upon company to
maintain fence. Oregon R. &
N. Co. v. Smalley (Wash.), 550.
Team in charge of driver is not
within purview of stock killing
statutes. Annapolis & B. S. L.
R. Co. v. Pumphrey (Md.), 599.
Harnessed team in charge of driver

is within purview of stock killing
statutes. Randall v. Richmond
& D. R. Co. (N. Car.), 603.
Applicability of statutes to har-
nessed teams, 611 2.
Negligence.

Farm crossings, failure to give

signals when approaching is not
negligence. Annapolis & B. S.

ANIMALS.

Negligence-Continued.

L. R. Co. v. Pumphrey (Md.),

599.
Ordinance limiting rate of speed
and prohibiting owners from al-
lowing cattle to run at large, held
admissible on question of con-
tributory negligence of plaintiff
and negligence of defendant.
Chicago, B. & Q. R. Co. v. Rich-
ardson (Neb.), 592.

Accumulation of cotton seed on or

near track imposes duty of avoid-
ing injury to animals attracted
thereby. Little Rock & F. S. R.
Co. v. Dick (Ark.), 591.
Injury to stock attracted by cotton
seed on or near track establishes
prima facie case of negligence on
part of company.
Little Rock

& F. S. R. Co. v. Dick (Ark.), 591.
Presumption of negligence in ac-
tions for killing stock, 587 n.

Sufficiency of evidence to es-
tablish liability, 587 n.

Burden is on railroad com-
pany under statute to show ab-
sence of negligence resulting in
the killing of animal, Louis-
ville & N. R. Co. v. Kelsey (Ala.),
584.

Excessive speed. 595 n..

when passing station, 595 n.
Train running faster than
schedule time, 595 n.

Sufficiency of evidence, 595 m.
Circumstances showing negli-
gence. Instructions, 587 n.
Evidence that killing unavoidable.

ANIMALS.

Negligence—Continued.
Effect, 587 n.

Unavoidable accident. Failure to
give signals, 587 n.
Contributory Negligence.

In common law jurisdictions, own-
er of cattle allowing them to go
at large, is deemed guilty of con-
tributory negligence. Moses v.
Southern Pac. R. Co. (Or.),
555-

In jurisdictions where common
law is not followed, owner al-
lowing stock to run at large is
not guilty of contributory negli-
gence. Moses v. Southern Pac.
R. Co. (Or.), 555.

Cattle running at large are animals

that roam and feed at will, and
owner allowing them to run at
large is not guilty of contribu-
tory negligence precluding re-
covery. Keeney v. Oregon R.
& N. Co. (Or.), 619.

Stock in charge of herder are not
running at large and negligence
of herder permitting them to
wander upon track precludes re-
covery. Keeney v. Oregon R.
& N. Co. (Or.), 619.

Allowing animals to escape and
run at large, 578 n.
Permitting cattle to leave home,
579 n.

Allowing horse to run at large in
vicinity of track, 578 n.
Turning cattle loose adjoining un-
fenced track, 579 n.

Inclosure of pasture after construc-
tion of railroad, 579 n.
Sufficiency of fence. Horse break-
ing out of pasture, 579 n.
Damages.

Measure of damages is value in
local market and evidence as to
value at distant point is inad-
missible. Jones v. St. Louis, I.
M. & S. R. Co. (Ark.), 596.
Expense of feeding and doctoring
injured animal, 598 n.
ANNOTATION.
Animals.

Applicability of statutes to har-
nessed teams, 611.
Excessive speed, 595.

when passing station, 595.
Sufficiency of evidence, 595.
Train running faster than
schedule time, 595.

Presumption of negligence in ac-

ANNOTATION.

Animals-Continued.

tions for killing stock, 587.

Sufficiency of evidence to es-
tablish liability, 587.

Circumstances

showing negli-

gence. Instructions, 587.
Evidence that killing unavoidable.
Effect, 587.

Unavoidable accident. Failure to
give signals, 587.

Contributory negligence. Allow-
ing animals to escape and run
at large, 578.

Allowing horse to run at large
in vicinity of track, 578.

Turning cattle loose adjoin-
ing unfenced track, 579.
Permitting cattle to leave
home, 579.

Inclosure of pasture after con-
struction of railroad, 579.

-Sufficiency of fence. Horse
breaking out of pasture, 579.
Damages. Expense of feeding
and doctoring injured animal,
598.

Bill of Lading. See CARRIERS.
Bridges.

Over track. Duty of company to

construct and repair, 63.
Horses frightened by train on
bridge over street. Liability,

ANNOTATION.

Carriers-Continued.

ANNOTATION.

When liability as carrier ceases
and liability as warehouseman
begins, 409.

Non-delivery of freight. Dam-
ages. Admissibility of testi-
mony as to value at point of
shipment, 455.

Live stock. Cause of damage to
cattle, 536.

Duty of carrier as to feeding
and watering. Express con-
tract, 537.

Violation of act of congress.
Sufficiency of evidence, 537.
Insurance. Subrogation of in-
surer to insured's rights of ac-
tion, 340.

Subrogation. Loss of goods
through negligence of carrier,
342.

Right of carrier to plead in-
surance as a defense, 343.

Carrier as an insurer. Con-
tribution as in double insur-
ance, 343.

Stipulation by carrier for ben-
efit of insurance. Reasonable-
ness and validity, 344.

Effect of stipulation by car-
rier for benefit of insurance, 344.

When carrier may claim ben-
efit of stipulation in bill of lading,
345.

Construction of stipulation in
bill of lading, 346.

Conflicting conditions in bill
of lading and policy of insur-
ance, 346.

Effect of payment of damages
to insured and release thereof,
346.

Remedy of insurer. Form of
action. Parties, 347.

Children. See INFANTS.
Conflict of Laws.

Actions for wrongful death, 55.
Constitutional Law.

Power of state to regulate freight
rates, 316.

Contributory Negligence.

See

ANIMALS; CROSSINGS; FENCES.
Children. 140.

Criminal Law.

Destroying and carrying away
fence, 625.

Crossings.

License. Implied invitation to
cross track, 184.

Construction of highway across
railroad. Right to compensa-
tion, 253.

Measure of damages, 247, 254.
Danger arising from use. Pre-
liminary injunction, 241.
Defects. Stranger. Opinion of
witness. Admissibility, 92.

Error of judgment. Instruc-
tions, 115.

Passing round obstruction. Tres-
passer, 107.

Liability for injuries to deaf per-
son on track, 123.

Consideration of absence of posi-

tive testimony. Conduct of de-
ceased prior to accident, 152.
Failure to avoid injury. Instruc-
tion requested by defendant,
124.
Obstructed view. Failure to give

warning. Instructions, 166.
Neglect to place flagman at cross-
ing. Admissibility of evidence,
159.

Failure to maintain gates. Cause
of accident, 160.
Ordinance requiring gates. In-
struction, 160.

Signals. Failure to give statutory
signals. Prima facie evidence of
negligence, 167.

Statutory requirements, 167.
Customary manner. Pru-
dence. Instructions, 167.

Approaching place where peo-
ple are accustomed to cross, 153.
Negative and positive testi-
mony. Instructions, 167.
Evidence. Occurrence of similar
accident on day following injury,

181.

Admissibility of testimony
that flagman intoxicated, 159.
Impeaching credibility of flag-
man. Predicate, 159.

Signals by track hand. Ad-
missibility on cross-examina-
tion, 159.

Horses frightened by signals,

210.

by negligent management of
engine, 210.

by train on bridge over street,

ANNOTATION.
Death-Continued.

Insurance as defense. Right
of insurer to subrogation, 343-
Exemplary damages. Liability
under Kentucky statute, 215.
Statutory penalty. Instruction as
to amount recoverable, 93.
Depots. See STATIONS.
Eminent Domain.

Construction of highway across
railroad. Right to compensation,
253.

Measure of damages, 247, 254.
Evidence. See, also. ANIMALS;
CARRIERS; CROSSINGS; FENCES.
Admissibility of testimony as to
alterations and repairs after ac-
cident, 233.

Expert testimony as to permanency
and future effects of personal
injuries, 223.

Probable duration of injuri-
ous effects, 224.

- Opinion upon testimony of
another witness, 224.

Hypothetical question. Admissi-
bility of answer, 224.

Fences. See, also, ANIMALS.
Constitutionality of fence laws,

When carrier may claim benefit of
stipulation, 345.

Construction of stipulation in bill
of lading, 346.

Conflicting conditions in bill of lad-

ing and policy of insurance, 346
Effect of payment of damages to
insured and release thereof, 346.
Remedy of insurer. Form of ac-
tion. Parties, 347-
Limitation of Actions.

Actions for excessive charges, 357.
Master and Servant.

Liability of corporation in puni-
tive damages for acts of ser-
vants, 215.

Fence laws. Liability for inju-
ries to employes, 583.
Negligence. See also ANIMALS;
CARRIERS; CROSSINGS; FENCES.
Imputed negligence, 110.
Passengers.
Fence laws.

Liability for inju-

ries caused by stock on track,
582.
Personal Injuries. See also CROSS-
INGS; DAMAGES ; FENCES.

Action. Deduction of amount of
accident insurance, 343.
Liability for injuries to deaf per-
son on track, 123.

Expert testimony as to perma-
nency and future effects of per-
sonal injuries, 223.

Probable duration of inju-
rious effects, 224.

Opinion upon testimony of
another witness, 224.
Hypothetical question. Admissi-
bility of answer, 224.
Pleading. Variance. "Flying
switch." "Kicking cars," 166.

Presumptions. See ANIMALS; Car-
RIERS; FENCES.

Receivers.