A Treatise on the Law of Negligence, Volume 2

Sampul Depan
Baker, Voorhis, 1913 - 2317 halaman
 

Isi

Supplying water and apparatus for extinguishing fires
758
Consolidated with 272
766
Discretion in the application of limited funds
773
282
779
Management of water and gas service
788
Consolidated with 258
795
Consolidated with 367
799
Consolidated with 291
805
When departments are citys agents
807
Omitted
808
Independent contractors not agents
809
Liability limited to matters within jurisdiction
811
Consolidated with 299
813
Recovery over by corporation
814
CHAPTER XIII
816
Immunity of judicial officers
817
to 309 Omitted
823
Consolidated with 310
825
Negligent performance of ministerial duties
826
Liability for nonfeasance
828
Consolidated with 313
829
Consolidated with 313
830
Omitted
832
Nonliability of army and navy officers
833
Public school officers
834
Consolidated with 340
835
Liability of government contractors
836
CHAPTER XIV
837
Present rule of liability in England
838
Incorporated administrative boards
840
Voluntary corporations performing public functions
841
Trustees not liable when agents only
843
PART IV
848
Highways are public works
849
What are highways within the rule
852
When liability in respect to highway attaches
854
334a Obligation dependent on jurisdiction of structure
860
Liability pending construction of way
862
No commonlaw duty to repair highways
864
Statutory liability for defective ways
866
Implied liability for defective ways
870
Liability of road officers
872
340a Liability of road officers continued
874
Contract obligations to repair
875
Omitted
880
Defects in way concurring with other causes
881
Omitted
885
Consolidated with 356
886
Defects in margin of way
889
When whole width must be passable
892
Sidewalks and street crossings
894
Overhanging roofs awnings trees etc
898
Objects on highway likely to frighten horses
900
Duty to guard and light defective way
903
Consolidated with 359
908
Authorized interference with highway
909
Liability of licensee of use of street
912
Consolidated with 359
917
Obstructions incident to traffic
920
Obstructions from natural causes
922
Consolidated with 363
929
Ground of liability for defective ways
931
Actual notice of defect
937
When notice will be implied
941
Who may maintain action
947
Damage must be special
950
Omitted
951
Notice of injury preliminary to action
952
Defences
954
75 Contributory negligence
956
376 Travelers knowledge of defect
962
Care required in traveling at night
968
Defect in travelers carriage harness or horses
970
Unskillful or improper driving
973
Negligent stowing and excessive weight of load
975
Sunday traveling
976
Action over against third person
977
CHAPTER XVI
981
386a Liable where defective condition is combined with fright of horse
984
Reappropriation of road by the public
985
Bridges distinguished from highways
987
Consolidated with 390
988
Abutments and railings
990
By whom bridges are repairable
992
Bridges across navigable streams
993
Drawbridges
994
Tollbridges
995
CHAPTER XVIII
997
Obligation of canal companies to navigators
998
Construction of canals
999
Maintaining embankments etc
1000
Repair of towing path and fencing canal
1001
Duties of boat owners
1002
CHAPTER XIX
1003
What dangers must be provided against
1005
407a Not liable for consequential damages
1008
Omitted
1012
Omitted
1015
Obligations of lessor or lessee
1016
Interference with highway
1020
Restoration of roads and bridges
1022
Road bridges over railroads
1024
Highway crossing at level
1026
417a Other crossings at level
1030
English rule as to keeping animals in
1033
Where English rule does not prevail
1036
Unequal operation of commonlaw rule
1041
Application and validity of statutes
1046
Omitted
1047
Fences must be sufficient
1048
424a Gates and bars closed
1050
Fences must be maintained
1051
Frightening animals on fenced roads
1054
Duty to signal to cattle
1058
Care towards trespassing cattle
1060
428a Injuries to trespassing animals on highways
1063
Effect of adjoining owners agreement
1085
Employment of adjacent owner to build fence
1087
Adjacent owners option to build fence
1088
Companys agreement to fence
1089
Grants of right of way
1091
Liability of lessees of road
1092
Liability of other parties
1094
For what injuries company is liable
1095
Who entitled to benefit of statutes
1097
Notice of defect when to be given
1099
Contributory negligence on fenced roads
1100
45la Contributory negligence on unfenced roads
1101
Owners willful conduct
1107
Omitted
1108
Companys action against owner
1112
Care required to avoid injury to persons
1114
Illustrations of want of care
1121
Lessor and lessee liability for injuries inflicted on persons on or near the track
1124
459a Companies permitting the operation or use of their road etc by another
1126
Companies operating or using the roads of others
1127
459c Liability for foreign cars
1129
Rate of speed
1131
Care required of railroads on and near highways
1136
Transferred to 485a
1138
463a Statutory requirements do not exclude the duty of dili
1147
Care required at other crossings
1148
464a Intersecting railroads
1154
Care of stationary cars and engines
1155
Gates flagmen and watchmen
1156
466a Duty to maintain fences
1161
Neglect of statutory precautions
1162
Omission to ring or whistle at crossings
1168
Presumptions in such cases
1172
Who entitled to benefit of statutes
1174
Trains running backwards
1177
Contributory negligence
1180
What is not contributory negligence
1184
Fractious horse
1187
Crossing track in view of train
1189
Duty to look and listen
1194
When failure to look and listen excused
1207
Obstructions to view
1213
Crossing when highway is blocked
1217
Traveling along the track
1220
Infirm persons
1228
481a Children
1232
481b Deceased persons
1237
Effect of contributory negligence on statutory liabilities
1241
Discovered peril or duty to avoid effects of negligence or contributory negligence of trespassers and others
1243
Duty to anticipate negligence or contributory negligence
1251
Evidence of negligence
1257
1 Street railways generally
1263
2 Street railways and municipalities
1265
The use of streets by street cars
1266
railway tracks
1276
PART V
1292
ances and roadway
1338
Consolidated with 497
1345
Stational facilities etc
1348
Liability in case of divided ownership
1358
Accidents beyond carriers line
1360
Limitation of liability by notice or contract
1362
Validity of restrictions on liability
1363
Consolidated with 501
1368
Duty to passengers alighting
1377
Duty to assist passengers in getting on and off
1381
Duty to maintain guard against egress
1384
Liability for servants malicious acts
1389
513a Passengers on freight trains
1396
Obligations of coach proprietors
1400
Carriers by steam vessels
1402
Res ipsa or presumption of negligence
1405
Presumption of negligence how rebutted
1417
Evidence
1419
Contributory negligence
1426
Getting on and off moving vehicle
1434
Getting on and off in other cases
1445
Statutes as to platforms etc
1452
Passengers in improper places
1454
Changing places on train
1463
Crossing tracks
1466
Care of passengers personal effects
1469
526a Sleeping cars etc
1472
Liability of sleeping car companies for baggage or money stolen
1473
Omitted
1477
CHAPTER XXIII
1478
Its peculiarities
1479
Risks to which it is exposed
1480
Obligations not merely in contract
1482
Consolidated with 536
1483
Reasons for considering them such
1486
Obligation to furnish telegraphic facilities
1487
Responsible only for negligence
1488
Unlawful messages
1489
Degree of care required
1491
539a Forged and fraudulent messages
1492
Duty as to receiving messages
1493
540a Duty as to delivery
1497
Messages must not be altered
1501
Evidence of negligence
1503
To whom company is responsible
1507
543a Interstate messages
1511
Connecting lines
1513
Power to make regulations
1516
Certain unreasonable rules considered
1519
Notice of rules necessary
1521
Consolidated with 548
1523
Limitation of liability by contract
1524
Validity of contracts exempting from liability generally
1526
Validity of other stipulations
1529
Effect of stipulations
1533
Evidence under special contracts
1537
556a Contributory negligence
1538
Wireless telegraphy etc
1539
556c Telephone companies
1540
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Halaman 820 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Halaman 883 - ... when two causes combine to produce an injury to a traveler upon a highway, both of which are in their nature proximate, the one being a culpable defect in the highway and the other some occurrence for which neither party is responsible, the city is liable, provided the injury would not have been sustained but for such defect;" and refused Instructions numbered 1 and 2 asked by the defendant, as follows: "No.
Halaman 1366 - That it is not Just and reasonable, in the eye of the law, for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.
Halaman 821 - ... (1 Chitty on Pleading, 89.) ' ' But I prefer to place the decision on the broad ground that no public officer is responsible, in a civil suit, for a judicial determination, however erroneous it may be, and however malicious the motive which produced it. Such acts, when corrupt, may be punished criminally; but the law will not allow malice and corruption to be charged in a civil suit against such an officer for what he does in the performance of a judicial duty. The rule extends to Judges from...
Halaman 762 - The duties of the municipal authorities, in adopting a general plan of drainage, and determining when and where sewers shall be built, of what size and at what level, are of a quasi judicial nature, involving the exercise of deliberate judgment and large discretion, and depending upon considerations affecting the public health and general convenience throughout an...
Halaman 787 - Company ; and the common law in such a case imposes a duty upon the proprietors, not perhaps to repair the canal, or absolutely to free it from...
Halaman 834 - ... and that he was not responsible for the negligence of those under his command, unless he made himself a party to the negligence by giving an improper order, or by neglecting to give the proper order, or by neglecting some precaution which prudence required him to adopt.
Halaman 826 - ... a ministerial act is one which a public officer or agent is required to perform upon a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, and without regard to his own judgment or opinion concerning the propriety or impropriety of the act to be performed.
Halaman 826 - While it is true that when an individual sustains an injury by the misfeasance or nonfeasance of a public officer, who acts or omits to act contrary to his duty, the law gives redress to the injured party by an appropriate action (Adsit v.
Halaman 708 - ... to persons injured by his own negligence, in fulfilling obligations resting upon him in his individual character and which the law imposes upon him, independent of contract. No man increases or diminishes his obligations to strangers by becoming an agent. If, in the course of his agency, he comes in contact with the person or property of a stranger, he is liable for any injury he may do to either, by his negligence, in respect to duties imposed by law upon him in common with all other men.

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