The Law of Instructions to Juries in Civil and Criminal Cases: Rules and a Complete Collection of Approved and Annotated Forms, Volume 3,Bagian 1

Sampul Depan
Bobbs-Merrill, 1936

Isi

Section CHAPTER 57 CONTRIBUTION 1260 Compensation for care of parent
1
CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK 1265 Meaning of contributory negligence
2
1265A Distinguished from assumption of risk
7
Contributory negligence as defense
9
Wilful wanton or reckless conduct of defendantGross negligence of defendant
14
Contributory negligence presupposes negligence 1269 Duty to exercise ordinary care for ones own safety
15
Duty to avoid consequences of negligence of another
19
Duty to observe and avoid danger
20
Description and identity of land
316
Damages mesne profits and compensation for improvements
317
ELECTRICITY 1585 General duty arising from dangerous nature
320
Negligent insulation or bonding
324
Injuries from fallen or dangling wires
326
Injuries or death from excessive voltage 1589 Injuries from lightning conducted over wires
327
Liability where the defective wiring was not installed by defendant 1591 Injuries from improper entry in plaintiffs house by employees of power co...
329
Contributory negligence of injured person
330

Duty to discover danger or property defects
23
Necessity that contributory negligence be the proximate cause of injury
26
Injury avoidable notwithstanding contributory negligenceHumani tarian doctrineDiscovered peril of anotherLast clear chance
28
Comparative or concurrent negligence
36
Acts in emergencies
39
Choice of ways 1278 Opportunity to escape from threatened danger
44
Necessity for knowledge of danger
45
Burden of proof
47
Care required of children
52
Care required of blind persons
59
Care required of drunken persons
60
Right to assume other party will exercise care
62
No presumption of contributory negligence
63
Facts and circumstances that constitute contributory negligence
65
Contributory negligence of plaintiffs agent or servant or of parent
67
Reserved 1288 Plaintiffs violation of statute 1289 Defense not available to carrier violating federal statute
69
Burden of proving contributory negligence
70
Burden of proving last clear chance
76
Contributory negligence disclosed by plaintiffs own evidence
77
CONVERSION 1295 Definition of conversionGrounds of recovery generally 1296 1298 Mortgaged chattels 1297 Form of verdict Measure of recov...
79
COPYRIGHTS AND LITERARY PROPERTY 1305 Infringement of copyrighted photograph 1306 Piracy of unpublished playCommonlaw right of ...
85
CORPORATIONS Section 1310 Recovery of expenses of promotion 1311 Conspiracy to defeat payment of organization expenses 1312 Must act thr...
89
False representations by promoters
94
False representations of agentsRatificationBurden of proof
95
Fraud in impairing capital
97
Notice of charter to subscribers 1317 Defenses to action for unpaid subscription 1318 Application of bonus given by citizens
98
Corporate agents 1320 Holding self out as officer of corporationNo such corporation
99
1321 Paper executed by officers 1322 Sales to officers 1323 Secret profits
100
Payment for legal services rendered by officers
101
Stockholders and officers as creditors 1326 Not qualified in stateAction against directors for debts
103
Recovery of salary paid officers
104
Place of incorporation immaterial 1329 Prejudice against 1330 Torts committed by agents
105
Liability for assault and battery 1332 Liability of officers for corporate debts
106
COUNTIES 1335 Action for mob violence 1336 Negligence of agents 1337 Omission of duty
107
CROPS 1340 Right of possession 1341 Sale by tenant with landlords authority 1342 Injury by stock at large in grazing district 1343 Sale of land wit...
109
CUSTOMS AND USAGES 1350 How constituted 1351 Evidence to establish
111
Agent carrying on business at market 1353 Residents riding on logging train 1354 Driving automobiles
113
Covering circular saws
114
Suspending work during wintertime 1357 Switching operations
115
Knowledge
116
DAMAGES 1365 Nominal damages
118
Damages from odors 1433 Damages from fires 1434 Damages from water 1435 Steam escaping in apartment 1436 Stipulation of counsel as to amou...
119
Actual or compensatory damages
120
Exemplary or punitive damages
126
Not necessary that any witness testify as to the amount of damages Expert testimony
136
Mortality tables
137
Avoidable consequences
138
Mitigation of damagesAggravation of prior condition
143
Prospective damages
144
Damages accruing after suit filed
146
Breach of contract 1380 Fire insurance on buildings 1381 Hail insurance 1382 Market value of property
147
Damage to personal property
150
Machinery generally 1385 Boiler 1386 Automobiles
151
Horse and vehicle
154
Animals killed or injured
155
Loss of passengers baggage 1390 Sentimental value of article 1391 Tax valuation put on damaged property 1392 Damage to real property
156
Collapse of building 1394 Building damaged by automobile
161
Removal of fixtures
162
Personal injury and property damage in same occurrence 1397 Personal injuries in general
164
1397A Effect of depreciation of dollar
176
Pain and suffering
177
Agony while in peril
179
Fright 1401 Medical expenses
180
Disfigurement
181
Humiliation
183
Permanency of injuries
184
Loss of earning capacity
191
Where injured person already diseased or disabled
194
Loss of time
197
Injuries to married woman
198
Loss of wifes services
201
Reserved 1411 Child stillborn as result of accident
202
Injuries to infants
203
Duty to disregard sympathy in making award 1414 Prejudice against corporations 1415 Damages from wrongful dissolution of corporation 1416 Fra...
206
Detention of property 1419 Eminent domain 1420 Conspiracy 1421 False imprisonment 1422 Malicious prosecution 1423 Libel 1424 Slander
207
Instruction on damages is not intimation that plaintiff is entitled to damages 1440 Verdict dividing damages between defendants
213
DEAD BODIES 1445 Liability for interfering with burial 1446 Liability for wrongful removal 1447 Damages for wrongful removal 1448 Performa...
214
DEATH BY WRONGFUL ACT 1455 Statement of issues 1456 Proof of negligence essential 1457 Burden of proving negligence 1458 Presumption ...
217
SuicidePresumption against 1460 Act done in selfdefense
223
Admission of unlawful killing 1462 Deceaseds character not in issue
226
Contributory negligence
228
Intoxication
229
Insanity as defense
230
Proximate cause of death
232
Death of parent 1467 Damages
234
Death of husband and father
238
Death of wife
243
Death of minor
248
Annuity basis 1473 Destruction of earning powers
250
Loss of pecuniary benefits by death of deceased
252
Recovery by next of
254
Present worth of recovery
258
1476A Funeral expenses 1477 Pain suffered by the injured person before deathSurvival statutes
260
Punitive damages
263
Effect of prayer of complaint
264
Statutory provisions
265
Liability of compensation Boards and others immaterial 1482 Effect of death certificate as evidence
266
DECEDENTS ESTATES 1490 Claims against estateTime of accrual 1491 Attorney fees 1492 Services rendered deceased in his lifetime 1493 Present...
267
Widows allowance
276
Execution of deed 1501 Mental capacity to execute 1502 Acknowledgment by wife of grantor 1503 Necessity of delivery 1504 Sufficiency of deliv...
277
Breach of covenant of warranty 1510 Performance of conditions
287
DENTISTS 1515 Standard of skill and care required 1516 Dismissed dentist not liable for negligence of successor
289
Negligence aggravating existing diseased condition 1518 Liability of corporation for negligence of dentist employed
290
DETECTIVES 1525 Damages from assault action on bond 1526 Testimony of detectives
292
DETINUE
294
DISCLAIMER 1535 Denial of interest in subjectmatter
295
DIVORCE AND ALIMONY 1540 Jurys right to allow alimony 1541 Condonation and its effect
296
Adultery as ground for divorce
297
Cruel treatment as ground for divorce
299
DRAINAGESEWERS 1545 Flooding of basement because of improper drains 1546 Defective sewers 1547 Amount of water to be turned into canal ...
300
DRUGS AND DRUGGISTS 1555 Negligence in filling orders 1556 Proximate cause of injury or death
303
Dedication obstruction 1561 Abandonment of easement
306
EJECTMENT 1565 Right of action and defenses generally
307
Effect of prior peaceable possession of plaintiff or his predecessor
309
Instruments admissible as ancient documents 1569 Effect of showing good record title or complete chain of title
311
Tax titles and forfeitures
312
Conveyance from plaintiff or his predecessor to defendant or his predecessor
313
Abandonment of land conveyed for school purposes 1573 Land purchased by defendant with funds of plaintiff
314
Conveyance from defendant or his predecessor to plaintiff or his predecessor 1575 Outstanding title in third person 1576 Overlapping conveyances f...
315
Failure of city to give notice of turning on current
337
Assumption of risk
338
Transmission company not insurer against accidents
339
Burden of proof
341
Amount of damages
342
ELEVATORS 1600 Care in operation and maintenance of elevators generally
344
Injuries to passengers generally 1602 Sufficiency of guard at shaft
347
Competency of operator
348
Injuries on freight elevators
349
Presumptive evidence of negligence 1606 Injuries from acts of other passengers
351
Contributory negligence
352
Right to assume compliance with law in operation and equipment 1609 Evidence of injuries to passengers 1610 Damages for injuries to passengers
354
EMINENT DOMAIN 1615 Public
356
Damages from change of grade of street
385
1627A Damages to lessor and lessee
386
1627B Damages for right of way for electric transmission lines
388
Farm crossings and fences 1629 Damages for obstruction of egress or ingress
389
Consideration of value of spring on land taken
392
Value of land for waterpower
393
Injuries to trees shrubbery or growing crops 1633 Condemnation of property for pesthouse
394
View of premises by jury
395
Right of juga
396
Burden of proof
398
Previous award of appraisers not to be considered
399
Form of verdict
400
ESTOPPEL 1645 Essentials 1646 Representations
401
Silence
404
EXCAVATIONS 1650 Injuries from unguarded excavations
405
EXCHANGE OF PROPERTY 1655 Fraud false representations rescission 1656 Modification of written contract by parol
409
EXECUTIONS 1660 Claims of third persons 1661 Possession of property levied upon
412
EXPLOSIVES 1665 Liability for personal injuries generally 1666 Warning to one in place of danger 1667 Contributory negligence
413
Blasting causing damage in adjoining property
414
Warning on label of container
415
FALSE IMPRISONMENT 1675 What amounts to false imprisonment 1676 1677 Probable cause malice Manner of arrest
417
1675
419
Pr 1677 M 1678
426
Arrest without warrant
429
Arrest on void process 1680 Arrest on appearances or suspicious circumstances
431
Participation in or procurement of arrest principal and agent
432
Place of arrest or restraint
433
Treatment of party after arrest 1684 Arrest by officers of railroad company
434
Arrest to extort confession 1686 1687 Elements of damages
435
Release without being taken before magistrate
439
Mitigation of damages
440
Wrongful incarceration in lunatic asylum
442
FIRES
449
Hay timber and other property
458
Measure of damages for removal
464
FORFEITURES
470
Intention to defraud
471
Knowledge that representation is false
480
Misrepresentation by agent
481
Negligence of person injured
482
Sale of stock
485
Fraudulent representations in sale of lands
487
Sale of chattels
490
Methods of proving fraud
491
Presumptions and burden of proof
492
Proximate cause of loss
496
Damages
497
Punitive damages
501
Conspiracy to defraud 1771 Release induced by fraud
502
Waiver of fraud
504
FRAUDS STATUTE OF 1775 Receipt of chattels 1776 Part payment of purchaseprice 1777
505
Possession under land contract
506
Contract not to be performed within year 1779 Promise to pay debt of another 1780 Surrender of written lease
507
Recovery of money paid under void contract demand
508
FRAUDULENT CONVEYANCES 1785 Conveyances fraudulent as to creditors generally 1786 Conveyances to relatives and intimates
509
Conveyances between husband and wife
510
Conveyances to creditors which hinder delay or defraud other credi tors preferences to creditors
513
Intention
514
Knowledge of fraud by grantee
515
Transfers in the usual course of business 1792 Inadequacy of consideration 1793 Transfer of possession
517
Reserved 1795 Good faith in execution of chattel mortgage
518
Proof of fraud 1797 Reasonable grounds for mortgagee to deem himself insecure
519
GARNISHMENT 1800 Essentials of garnishees liability 1801 Right of garnishee to have setoff 1802 Chattels held under fraudulent bill of sale 1803 ...
520
Payment to defendant by garnishee misnomer
521
GAS 1810 Care in the conduct of gas business 1811 Damages from escaping
522
Defective gas heater personal injuries 1813 Cutting off gas 1814 Destruction of trees by escaping
525
Injury by city to companys gas main
527
Evidence of negligence
528
Section
530
GUARANTY AND INDEMNITY
538
HEALTH
544
HOTELS AND RESTAURANTS
552
Husband as wifes agent 1887 Wifes contract with broker
555
Husbands recovery for injuries to wife
558
Rights as guests in hotel room
563
Torts of wife
564
Actions between spouses 1891 Wifes action for own personal injuries
565
Alienation of affections
567
IMPUTED NEGLIGENCE 1895 Imputing negligence of driver of vehicle to guest generally 1896 Injury due to sole negligence of driver with who...
574
Parent or custodian and child
581
Negligence of agent
584
Degree of care required of passenger in automobile or vehicle
585
INJUNCTION 1905 Answers to interrogatories CHAPTER 112 INSANE PERSONS 1910 Sanity presumed 1911 Degree of mental capacity burden o...
586
Beneficiary of insurance policy changed by insane insured
589
Defense to action of damages for homicide
590
Suicide by insane employee right to compensation 1918 Inquisition
591
INSOLVENCY 1925 Justification for sellers refusal to ship goods
592
INDEX
593
Alienation of affections
594
Criminal conversation 1427 Breach of promise to marry 1428 Seduction 1429 Assault and battery 1430 Rape of white woman by Negro porter 1431...
604
Amount limited to prayerEffect of prayer
60
Must be proximate to wrongful
61
Negligence to be shown before damages allowable 1371 Damages diminished by contributory negligence 1372 Special damages not pleaded
66
General rules for determining amount of award
153
Damages actual and not speculative
161
Damages limited to those caused by proposed
163
Time to which valuation should relate 1620 Market value
164
Time to which valuation should relate 1620 Market value
165
Benefits from improvement
166
Damages and benefits to portions not taken
167
7684
168
Consideration of special uses to which land may be
170
Damages incident to use of property by condemnor 1625 Damages for inconvenience resulting from location of road through land
171
Falsity of representation and reliance thereon resulting in injury
205
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