NOTE.-The mode of citing the American and English Railroad Cases is as follows:
The index contains references to the decisions and to the notes. References to the decisions are to the pages upon which the cases begin. References to the notes are to the pages upon which the propositions stated in the index are found.
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.
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.
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.
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.
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.
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.
ANIMALS; CROSSINGS; FENCES. Children. 140.
Destroying and carrying away fence, 625.
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,
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,
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.
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