The Law of Instructions to Juries in Civil and Criminal Cases: Rules and a Complete Collection of Approved and Annotated Forms, Volume 3,Bagian 1Bobbs-Merrill, 1936 |
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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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