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

Seymour Dwight Thompson

Bowen-Merrill Company, 1901

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SECTION

Street Railways Obstructing and Endan	1

Consequential damages arising from laying railroads in streets	13

Liability of street railway companies for failing to keep the sur face of the street in repair	19

Liability where there is an express covenant to repair	20

Interpretations of such covenants to repair	21

Notice to the company of the defect	23

Constitutional validity of laws and ordinances compelling such companies to repair the streets 1361 Instances of liability for failing to perform this d...	24

What after discovering the perilous situation of the traveller	275

CHAPTER LII	281

Further of the contributory negligence of the traveller	307

Error of judgment committed by traveller in estimating the time	358

Traveller deliberately walking or driving against a moving train	364

Traveller caught between trains proceeding in opposite directions	370

Facts to which contributory negligence has been ascribed as matter	378

Illustrative cases where there was evidence of negligence to go	380

Not liable for obstructing the street so as to prevent the adjacent owners of storehouses from standing vehicles transversely on the street in loading an...	25

Liability where the company occupies the street without lawful authority 1364 Liability where construction or maintenance is in accordance with mu...	26

Whether so liable to abutting proprietors	29

Action of municipal corporation against street railway company 1368 Damages in consequence of obstructing the street while construct ing railway	31

Liability for injuries caused by ice and snow on or near their tracks	32

Evidence in such actions	34

Injuries to travellers from the fall of electric wires	35

CHAPTER XLII	36

Duty of driver motorman or gripman to keep a constant lookout	48

This duty more imperative in case of cable cars 1384 Still more imperative in respect of cars propelled by electricity 1385 What will and what will no...	49

Illustrations of negligence in failing to keep a lookout 1387 Defense that the driver motorman etc failed to see the person on the track	52

Duty to avoid injury to traveller after seeing him in a position of danger	53

Right to assume that a person on the track will act reasonably	55

Liability for failing to avoid injury when driver might have seen the exposed person in time to have prevented	56

Running over persons at work on the streets	58

Duty of company to give warning by means of gongs lights	59

Injuries from the use of defective appliances	61

Injuries springing from the disobedience of statutes and ordi nances	62

Injuries from propelling street cars at a high rate of speed	64

Further of propelling street cars at a high rate of speed	66

Instances and examples of rates of speed	68

Running street cars at a prohibited rate of speed	69

Collisions between vehicles or pedestrians and street cars	70

Further of injuries at street crossings 1401 Further of such injuries	72

Collisions with other street cars at street railway crossings 1403 Collisions at steam railway crossings	75

Collisions of cars with vehicles going in the same direction	76

Injuries from running horse cars without conductor 1406 Running over dogs	78

Responsibility of company for acts of its servants under rule of respondeat superior 1408 When street railway negligence a question for the jury and ...	79

State of evidence taking the question of evidence of negligence to the jury	80

Circumstances under which negligence will not be imputed to the street railway company	81

Some questions of evidence in these actions	83

Some other unclassified matters	85

CHAPTER XLIII	86

Frightening horses by sounding the gong 1419 Frightening horses by other means	87

What the motorman should do when he sees a horse taking fright 1421 Further of the duty of the gripman motorman etc on seeing horse frightened	90

Contributory negligence of the driver whose horse is frightened	91

CHAPTER XLIV	92

Injuries produced by children running in front of the cars	95

Cases of this kind when the company was not exonerated 1428 Care demanded in favor of children seen near the track	98

Injuries to children climbing on street cars	99

Contributory negligence of the child	100

Circumstances under which contributory negligence has been	102

Contributory negligence of parents etc in allowing children to be on the street 1433 Further of contributory negligence of parents in case of street rai...	103

Various other holdings	105

CHAPTER XLV	106

degree of careproximate and remote causes	107

Duty of traveller to look and listen on approaching a street railway track	109

This duty demanded both of driver and pedestrians 1440 This rule applied even to children	112

Duty to stop look and listen 1442 Look from what placeat what point of view	113

Doctrine that failure to look and listen not negligence per	114

Further of driving or walking along street railway track 1455 Driving or walking along a street railway track continued	127

Duty of traveller driving on track	128

Driver or foot passenger on street railway track bound to keep a lookout behind	129

Injuries received while walking along a street railway track	130

Driving too near street railway track	131

Walking too near street railway track 1461 Contributory negligence where cars approach each other on parallel tracks	132

Contributory negligence of persons working on the streets	136

Running over drunken persons	138

Running over blind deaf and aged persons	139

Leaving team standing in the vicinity of street railway tracks 1467 No duty on the part of the traveller to turn to the right 1468 Contributory neglige...	141

Plaintiff injured while violating the	142

Turning a vehicle suddenly in front of a moving	143

Pedestrians suddenly thrusting themselves in front of moving cars 1472 Not negligence to attempt to cross in front of a car standing still	144

Contributory negligence in allowing a dog to patrol the highway 1474 Imputed negligence in this relation 1475 Negligently running down a person ...	145

Doctrine that the company is not liable unless it observed the ex posed position of the person injured in time to have averted the calamity	147

Liable for running down a person who has negligently exposed himself on the track where he might have been discovered in time to avert the calami...	148

Circumstances under which courts have refused to impute con tributory negligence to the traveller in attempting to cross a street railway track	149

Conduct to which contributory negligence has not been ascribed as matter of	151

INJURIES TO TRAVELLERS AT HIGHWAY CROSSINGS	155

Care demanded in case of children	158

Theory that if the traveller is negligent the negligence of the com	161

Statutory precautions do not exclude the common law obligation	167

Interpretation of such statutes	174

For what defects in crossings railway companies are liable	180

Increased care demanded of the company where the view is	186

Liability for defective crossings where the railway is leased to	193

CHAPTER XLVIII	199

Effect of erecting a signboard warning the public that there is no crossing 1524 Signaltargets at crossings 1525 Duty to maintain lights at crossings in...	201

Electric bell signals at crossings 1527 Duty of railway companies to erect gates at crossings	203

Statutes and ordinances prescribing this duty	205

Construction of such statutes and ordinances	206

Negligence in permitting such gates to be open when trains are approaching	207

Crossing when gates are open	208

Crossing when the gates are down 1533 Negligence in the management of the gates	209

Failure to operate the gates	210

Duty to station flagmen at crossings	211

Further of the duty to station flagmen at crossings	212

Doctrine that it is not negligence not to station flagmen at cross	213

Statutes and ordinances requiring railway companies to station flagmen	215

Withdrawal of a flagman negligence	216

One flagman for several companies	217

Liability of railway company for negligence of its flagman	218

Right of traveller to act upon signals given by flagman	220

Effect of disregarding or disobeying flagman 1544 Relevancy of evidence respecting flagmen	221

CHAPTER XLIX	224

CHAPTER L	228

Duty to give reasonable warning when train approaches highway	229

Further of this duty in the absence of statute or ordinance 1554 Validity of statutes and ordinances requiring railway companies to give signals for th...	231

Statutory precautions do not exclude the common law obligation of diligence and care	233

Construction of statutes requiring signals to be given at crossings 1557 Omission to give statutory signals is negligence or evidence of negligence	235

Failure to give signal must be proximate cause of the injury	237

Illustrative cases where the failure to give the statutory signals was not the proximate cause of the injury	239

For whose protection statutory signals intended	240

Further of the persons for whose benefit statutory signals are deemed to be required	241

Duty to give signals and use care when approaching private cross ings disused roads	242

Doctrine that a continuous crossing by the public does not raise an implied license to cross	244

Necessity of giving signals at farm or private crossings	245

Circumstances under which signals need not be given at private crossings 1566 What constitutes a public road or street with reference to the statutory...	246

Duty to give signals at overhead crossings	248

Duty to give signal before starting train at or near crossings 1569 Duty to give warning before starting trains which have been standing upon or near ...	249

Duty to give warning signals in case of children 1571 Duty to give warning signals where trains are backing	250

Duty to give warning signals in making the flying switch	251

Greater duty to give signals where view obstructed 1574 Nature of warnings which are to be givenbell whistle or both	252

Point at which signals are to be givenat what distance from crossing	253

Further of the places at which signals are to be given 1577 What will not excuse the failure to perform the statutory duty of giving signals	255

Liability for frightening travellers horses by giving the statutory signals and by failing to give them	256

Effect of the failure to give signals upon the question of con tributory negligence 1580 Question of contributory negligence continued	259

The same subject continued	261

Effect of such failure on contributory negligence where the view	263

CHAPTER LI	269

Injuries where trains obstruct crossings	384

TITLE TWELVE	395

Nor maintain any particular equipment run at any particular	402

Doctrine that company is liable for injuries to trespasser only	408

Injuries to trespassers in making the running or flying switch	414

Care demanded of the railway company in keeping such crossings	421

Duty of special care where people are to be expected on the track	428

APPLICATIONS AND ILLUSTRATIONS SECTION	469

Going upon the track without looking and listening	470

Further of going upon the track without looking and listening	471

Duty to look behind 1769 Qualifications of the duty to look behind	473

Failing to look and listen after going on the track	474

Failing to get off the track after discovering the danger 1772 Standing with team upon railroad track 1773 Getting caught on trestles	477

Going upon the track and thereby exposing himself	479

Walking or driving along the track	480

Walking on a track where it is laid upon the surface of a public street	482

Circumstances under which walking on the track not contributory negligence	483

Going upon the track knowing that a train is due and failing to look and listen	484

Going upon the track with ears muffled vision obstructed	485

Going upon the track to rescue persons in danger 1781 Going upon the track to rescue chattels	486

Deaf men blind men and idiots going upon track	487

Walking upon the track at night	488

Stepping on one track to avoid a train on another	489

Cases of this kind where contributory negligence was not ex cused	490

Going upon the track immediately in front of a moving train	491

Running in front of trains about to start	492

Struck while standing or walking between two tracks 1789 Sitting down upon railway track	493

Lying down on railway track 1791 Going to sleep on railway track	494

Drunk and asleep on railway track	495

Attempting to cross railway tracks where there is no crossing	497

Surprised upon the track by sudden danger	498

Driving so close to train that horse takes fright 1796 Standing or walking too near the track	499

Injuries to loiterers from the derailment of trains	501

Other illustrative cases where contributory negligence has been imputed to the person injured 1799 Other illustrative cases where contributory neglig...	502

Questions of fact for the jury in these actions	554

Evidence which has been held inadmissible in these cases	567

CHAPTER	573

What rate of speed has been held not negligent as matter of	580

Other cases where contributory negligence was not imputed	622

Other instances of horses being frightened by ordinary operation of railways where the company was exonerated	626

Questions of pleading in actions against railway companies for frightening travellers horses 1939 Questions of evidence in such actions	627

Questions for the jury and instructions in these cases	628

CHAPTER LXII	629

Injuries from collisions between trains	632

Statutory duty to keep a lookout on moving train or engine	633

Other statutory precautions	634

Liability of railway company for trespassing with its cars upon the track of another company 1951 Contributory negligence of one railroad company...	636

Further of proximate cause in these cases	638

Failure to display lights on moving engines or cars at night	639

Liability as against lessor or lessee of the railway company	640

Injuries arising in the mixed operation of railway properties by several companies	642

Duty of lighting tracks crossings stations	644

Trains derailing and running into adjacent buildings 1959 Liability for wrongful acts of strangers	645

Allowing cars to run wildmaking the running or flying switch	646

Allowing trains to run wild	647

Failing to keep a watchman at a switch 1963 Collisions between railway trains where the tracks cross each other	648

Considerations growing out of precedence in the right of way 1965 Right to assume that the men in charge of the train on the other road will do their...	649

Contributory negligence of the person injured in such collisions	650

Injuries in consequence of the tracks being out of repair at the point of intersection 1968 Agreements between the intersecting railroads 1969 Duty of...	652

Injuries through improper equipments reparations etc of engines or cars	654

Various facts in railway operation to which negligence was	655

When such statutes valid although retroactive 2031 Constitutionality of statutes limiting rate of speed of trains 2032 Constitutionality of statutes givin...	692

Constitutionality of statutes making railway company liable for docket fee attorneys fee etc SUBDIVISION 2 Construction of Statutes Requiring Rail...	693

Doctrine that such statutes are to be construed remedially 2036 Doctrine that such statutes are to be construed strictly 2037 Statutes giving double da...	695

Construction of the words where the same pass through along or adjoining inclosed or cultivated fields or uninclosed prairie lands 2042 Constructio...	696

Whether the statutory duty to fence extends to the protection of crops	697

Whether it extends to the protection of employ�s of the company 2046 Doctrine that it extends to passengers 2047 Whether extends to the benefit of ...	698

Extends to lessees and others rightfully on adjoining lands 2049 Liability extends both to lessor and lessee of the railroad and to receivers	700

Failure to erect the fence required by such statutes creates a lia bility independent of negligence	701

Failure to fence must have been at the point of entry	702

And must have been the proximate cause of the injury com plained	703

Places where the company is bound to fence under these statutes 2054 Duty to erect cattleguards and end fences at highway crossings	704

Duty to fence where the railroad runs along the side of the high way or another railroad 2056 Duty to fence in abandoned towpath highway	705

Duty to fence where the highway and track cross each other at acute angles 2058 Duty to erect gates and bars at farm crossings 2059 Duty to keep th...	706

Whether such statutes require cattleguards at farm crossings 2061 Duty to fence where the railway company owns the adjoining	708

Immaterial whether the company owns the fee or merely an ease	709

What will be Considered a Compliance with Statutes	717

What lapse of time charges a company with notice of a defect	723

No duty to surround ones premises with fire guards 2318 When contributory negligence to expose ones property to fire near railway tracks 2319 W...	864

Whether contributory negligence to erect buildings near railway tracks 2322 Not contributory negligence to erect and maintain buildings near railwa...	873

An impressive statement of the reasons which support this doc trine	875

Care of buildings erected near railway tracks so as to prevent their taking fire	876

Further of the care of buildings	877

A limit suggested to the foregoing doctrine	879

Contributory negligence in failing to put out the fire	880

Not negligence for property owner to act erroneously under	882

Miscellaneous cases illustrating the doctrines of this chapter	883

Whether the contributory negligence of the property owner was the proximate cause of his loss 2332 Evidentiary facts bearing upon the question of ...	884

Obsolete doctrines in this connection	885

CHAPTER LXXVIII	886

Statutes making the setting of the fire prima facie evidence of negligence	887

Further of these statutes in detailMinnesota Iowa Illinois Montana	889

Still further of these statutesNew Jersey Arkansas Mississippi Kansas Michigan Ohio	890

Constitutionality of statutes making railway companies liable for fires	891

These statutes take the question of negligence to the jury	892

Not necessary that the property should have been insurable 2344 Duty under these statutes to keep right of way clear 2345 Statutes extend to fires co...	893

What property embraced within these statutes	894

Further of the kinds of property embraced within these statutes	895

When the right of action is in the addressee	1034

In whom right of action against connecting lines	1040

Examples of good declarations or complaints	1046

Correspondence between telegraph operators	1052

Evidence of what would have happened been done been realized if	1054

matters of common knowledge which need not be proved	1055

Evidence on the subject of mental anguish injury to the feelings etc 2517 Evidence to show that a particular telegraph office was that of the defendan...	1056

Evidence with respect to making claim for indemnity	1057

Admissibility of the message sent or delivered 2521 Secondary evidence of the contents of telegrams	1058

Other points of evidence	1059

OTHER MATTERS OF PROCEDURE SECTION	1060

Service of process on telegraph companies 2526 Questions of law and fact	1061

Instructions to juries in these cases	1063

Rulings on requests for instructions 2529 Immaterial special findings	1064

Traveller bound to make a fair use of his faculties according to his circumstances 1445 Rule where traveller could have seen car if he had looked	1074

Rule where a traveller voluntarily disables himself from using his faculties 1447 Rule where the view and hearing of the traveller are obstructed 1448...	1075

Degree of care required toward weak and infirm persons	1095

Effect of the consent or acceptance of the municipal authorities	1097

Questions of evidence in the case of injuries to trespassers	1098

SECTION	1114

Hak Cipta

Istilah dan frasa umum

action approaching train attempting to cross avoid Baltimore &c Boston &c Chicago &c child circumstances Cleveland &c collision company liable contributory negligence court danger doctrine driver duty employ�s engine evidence of negligence exercise fact failing failure flagman gence held highway crossing Hun N. Y. Illinois &c injury Iowa jury killed Lake Shore &c license look and listen lookout Louis &c Louisville &c Mass matter of law Minn Missouri &c motorman N. E. Rep N. Y. St N. Y. Supp negligence per se Northern &c obstructed ordinance ordinary owner pany passing Pennsylvania Co person plaintiff public street question Rail railroad railroad company railroad track railway crossing railway track rate of speed reasonable road rule S. W. Rep section is cited stop street car street railway company Texas &c tion traveller trespasser wagon warning whistle York &c

Informasi bibliografi

Judul	Commentaries on the Law of Negligence in All Relations: (including a Complete Revision of the Author's Previous Works on the Same Subject) Volume 2 dari Commentaries on the Law of Negligence in All Relations:, Seymour Dwight Thompson
Pengarang	Seymour Dwight Thompson
Penerbit	Bowen-Merrill Company, 1901

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