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SECTION
ARTICLE II. PLEADING.
7114. Existence of beneficiaries.
7115. Whether particular acts of negligence must be pleaded.
7116. Averment of damages and pecuniary interest in life of deceased.
Dependency of beneficiaries.
7117.
Pleading statute-Averment that deceased could have maintained
action if death had not ensued.
7118.
7119.
Loss of services.
7120.
7121.
Pleading the fact that deceased was unmarried.
Averment of survival, or of immediate or instantaneous death.
7122. Custody of children in care of another.
7123.
Joinder of causes of action.
7124. Exemplary damages must be demanded.
7125.
Amendments.
ARTICLE III. EVIDENCE.
7129. Evidence relating to deceased.
7130. Evidence of earnings under punitive statutes.
7131. Professional income not to be proved by experts.
7134. Condition and circumstances of beneficiaries.
Number, age and sex of children.
7135.
7137.
Evidence to prove marriage of parties.
7138. Wealth and standing of defendant.
7139. Rules of evidence where action is criminal in form.
7140. Presumptions and burden of proof in actions for death-Habits of
deceased.
7147.
7148.
Instruction for death of wife.
Instruction on question of reasonable expectation of pecuniary ben-
efit.
Misleading instructions.
7149. Assumption of facts.
7152. Object of damages.
7153. Functions of the court and jury.
7154. The same rules as to the measure of damages apply to corporations
as to individuals.
7155. Neglect of official duty.
7164. Doctrine of exemplary damages qualified by some and wholly re-
pudiated by other courts.
7165. Right of recovery of exemplary damages depends on motive.
7166. Willful and wanton injury-Illustrations.
7167. "Gross negligence."
7168. Further of "gross negligence."
7169. Award and amount of exemplary damages within the discretion of
the jury.
7170. Exemplary damages proper only where actual damages have been
7174. Liability in the case of a private corporation or employer for negli-
gence of agents or servants.
7175. Ratification by corporation.
Municipal corporations not generally liable.
7176.
Further of ratification.
7177.
7178.
Lessor of a railroad may be liable for acts of lessee.
7183.
7184.
7185.
Negligence in connection with boarding and alighting from cars.
Refusal to sell tickets.
Expulsion of child travelling on half-fare ticket.
7186.
Dishonor of railroad tickets.
7187. Expenses of litigation.
CHAPTER CXCI.
DIRECT AND REMOTE DAMAGES.
ART. I. General Principles, §§ 7193-7205.
ART. II. Duty to Lighten Consequential Damages, §§ 7209-7213.
ARTICLE I. GENERAL PRINCIPLES.
7193. Damages limited to proximate result of wrongful act.
7194.
Proximate result a question of fact.
7195. Remote, speculative, or conjectural damages.
7196. Cases where damages have been held remote or speculative.
1197. Examples of damages not remote or speculative.
7198. Difficulty of computation not conclusive on question.
7199. Evidence to disprove contention of proximate result.
7200. The doctrine in its application to injuries of passengers.
7201. Further of injuries to passengers.
7202. Loss of profits.
7203. Oversight of business prevented by injury, causing loss of profits.
7204. Past and prospective damages may be recovered.
7205. Reasonable certainty required for prospective damages.
ARTICLE II. DUTY TO LIGHTEN CONSEQUENTIAL DAMAGES.
7209. No recovery for damages enhanced by negligence of injured person.
7210. Duty to obtain medical attendance.
7211. Damages enhanced by errors of medical attendants.
7212. Duty of passengers expelled from or prevented from boarding train.
7213. Duty to employ help to save property though advanced wages are
demanded.
7215. Contributory negligence of injured person.
7216. Reduction of damages by insurance.
7217. Charitable subscriptions and wages paid.
7218. Prior condition of injured person.
7219. Other avenues of employment open to injured person.
7220. Ejection of passengers.
7221. Repairs increasing the efficiency of vessel injured.
7222. Character of the injured person.
7223. Death of animals-Value of hides and pelts.
7224. Existence of other water source in cases of pollution.
7225. Matter in mitigation should be pleaded.
CHAPTER CXCIII.
7228. General rules.
INJURIES TO PROPERTY.
7229. Permanent and temporary injuries to land.
7230. Failure of excavator to protect foundation of adjoining building.
1231. Damages to land by the negligent construction of a railroad.
7232. Flooding lands.
1233. Damages for lowering water level.
7234. Negligence of title company.
7239.
7240.
Destruction of trees.
Injury to reputation from sale of plants injured by negligent act of
another.
Negligent destruction of buildings and contents.
7241. Injury to building by explosion of dynamite.
7246.
Damages from the death or injury of domestic animals.
7247. Injury to horse not physical in its nature.
7248. Injuries to animals from fright.
7249. Injuries to vessels.
7250. Further of injuries to vessels.
7251.
7252.
7253.
7254.
Injuries to tow.
Loss of time of employés through obstruction of river.
Injuries to nets by negligence of vessels.
Break-down of county bridge.
7255. Damages for injuries by carrier to subject of shipment.
7256. Damages for delay of carrier.
7257.
Damages to third person by negligence of carrier of goods.
7258. Where property has no general market value.
7259. Duty to minimize damages.
ART. I.
ART. II.
ART. III.
ART. IV.
ART. V.
ART. VI.
7270.
7271.
General Principles, §§ 7270-7282.
Loss of Time and Wages, §§ 7286-7291.
Impaired Capacity for Labor, §§ 7294-7310.
Physical Pain and Mental Anguish, §§ 7315-7323.
Cost of Cure, §§ 7327-7337.
Recovery by Third Person, §§ 7341-7345.
Permanent injuries-Life-tables.
Disfigurement and deformity.
7272. Expert testimony as to extent of injuries not indispensable.
7273. Poverty of plaintiff and wealth of defendant.
7274. Malpractice of physician setting broken arm.
7275. Liability of druggist to third person taking poison sold as medicine.