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

כריכה קדמית
Bowen-Merrill Company, 1905
 

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War vessels
Steamvessels having rafts in tow 6773 Small fishing vessels
Use of deceptive lights 6775 Absence or improper position of lights must have been proximate cause of collisionBurden of proof
SOUND SIGNALS SECTION 6778 Sound signals are given by short blasts on the whistle
Vessels meeting head on or nearly head on 6780 Overtaking vessels 6781 Vessels not under wayVessels leaving docks
1
LOOKOUTS
5
Vessel required to give way should allow wide berth
10
SailingVessels Meeting or Crossing SS 67966892
11
Duty to slacken speed or stop or reverse
15
Steam and Sailing Vessels Meeting
17
Overtaking Vessels
24
OTHER VESSELS Nor UNDER WAY
43
LIXVI Tugs and Tows SS 68576879
46
Joint liability
49
Care with reference to overhead bridges
56
CLAXVII Navigation of Harbors and Channels SS 68846912
60
Vessels in harbors and channels held to the observance of the gen eral navigation rules
61
Further of the applicability of the general rules 6887 The rules in their application to overtaking vessels 6888 Channel defined 6889 Right of
62
Speed of vessels
63
Speed must be moderate to avoid danger from suction and swells
64
Navigation with reference to slips and wharves
65
Vessels turning in stream
66
Navigation around bends in rivers and channels
67
Navigation of East River
68
Navigation through Hell Gate
69
Collisions with rowboats 6898 Care in navigation with reference to bridges
70
Collision with gasmain in riverbed 6900 Launching vessels 6901 Vessels breaking loose from ways 6902 Taking on pilots
72
FERRYBOATS SECTION 6906 Subject to general rules of navigation 6907 Entering and leaving silp
73
CANALBoats SECTION 6910 Starboardside rule extends to canals 6911 Overtaking boats 6912 Tying up canalboats
76
FOGS
77
General duty of preparation for emergencies
83
310 Burden of proof in collision cases
90
CLNIL Admiralty Doctrine of Contributory
92
Cases where division of damages will be allowed
93
Rule where more than two vessels are involved 6947 Burden of proving mutuality of fault where fault of one is manifest 6948 Method of apportioni...
94
What damages are included
95
Rights of the cargo under the Harter act 6951 Inevitable accidents
96
Limitation of Liability
98
What is meant by privity or knowledge 6958 Securing limitation by surrendering vessel
100
Interest of owner in freight pendingMeaning of terms 6960 Formal abandonment not required in case of total loss 6961 Limitation applies to all mari...
101
Waiver of right to claim benefits of limitation act 6963 Time at which value of vessel and freight will be determined
102
Where proceedings may be instituted 6965 Insurance not an interest in the vessel
103
THE HARTER ACT SECTION 6968 Scope of act 6969 Not applicable to passengers or baggage 6970 Due diligence to make vessel seaworthy 6971 ...
104
Burden of proof of seaworthiness 6973 Faults in navigation or management
106
Vesselowner adjudged free from liability under Harter Act cannot demand contribution
107
State of the Law Previous to Lord
111
Maritime law without a remedy
117
Local Nature of Remedy 8 69917000
118
Action in another State if statute is not dissimilar
124
Jurisdiction of State courts for injuries on the seas
130
Death must have been proximate consequence of negligent
142
WHEN ACTION TO BE COMMENCED
144
Further of the effect of the death of the beneficiary
150
Pendency of an action under an entirely different right
156
Statutes designating parties and beneficiaries closely followed
159
Personal representativeDefinition
160
Special and ancillary administrators
161
Beneficiaries and not personal representatives must sue in some jurisdictions
162
Beneficiary allowed to sue where no personal representative ap pointed 7047 Heir or personal representative may sue in California
163
Who are next of kin 7049 Dependent next of
164
Pecuniary benefit from life of deceased as a condition to recovery
166
Death of children of tender years 7052 Widow entitled to entire recovery under certain circumstances 7053 Commonlaw wife
168
Effect of divorce and separation 7055 Parents and collateral relatives not included in term heirs
169
Whether father or mother meant by term parent 7057 Who included in the term childrenIllegitimate children
170
Posthumous child 7059 Effect of emancipation of child
171
Parties in actions for felonious killing 7061 Parties in actions for death in mines
172
Identity of claimants 7063 Persons liable
173
CHAPTER CLXXXV
176
Injury received at hands of fellow servant
177
Deceased must have been free from contributory negligence
178
Selfdefense inevitable accident command of
179
Existence of persons having better right of action
180
CHAPTER CLXXXVI
182
Constitutional provisions against limitation of recovery
183
Quantum of damagesWhether damages are adequate
214
PLEADING SECTION 7114 Existence of beneficiaries
217
Whether particular acts of negligence must be pleaded
218
Averment of damages and pecuniary interest in life of deceased
219
Dependency of beneficiaries 7118 Pleading statuteAverment that deceased could have maintained action if death had not ensued 7119 Loss of services
220
Pleading the fact that deceased was unmarried 7121 Averment of survival or of immediate or instantaneous death
221
Custody of children in care of another 7123 Joinder of causes of action
222
Exemplary damages must be demanded 7125 Amendments
223
EVIDENCE SECTION 7129 Evidence relating to deceased
224
Evidence of earnings under punitive statutes 7131 Professional income not to be proved by experts 7132 Health of deceased 7133 Photograph of de...
226
Condition and circumstances of beneficiaries
227
Number age and sex of children
228
Moral character of beneficiary 7137 Evidence to prove marriage of parties 7138 Wealth and standing of defendant
229
Rules of evidence where action is criminal in form 7140 Presumptions and burden of proof in actions for deathHabits of deceased
230
INSTRUCTIONS SECTION 7144 General rules 7145 Instruction where portion of plaintiffs suffered no pecuniary in jury 7146 Instruction for death...
231
In General 8 71527155
237
Preliminary observations
246
Doctrine of exemplary damages qualified by some and wholly re pudiated by other courts
247
Right of recovery of exemplary damages depends on motive
248
Willful and wanton injuryIllustrations
249
Gross negligence
251
Further of gross negligence 7169 Award and amount of exemplary damages within the discretion of the jury 7170 Exemplary damages proper only ...
252
Financial condition of defendant 7172 Gross negligence in sale of drug
253
Malpractice of physicians 7174 Liability in the case of a private corporation or employer for negli gence of agents or servants
254
Ratification by corporation 7176 Further of ratification
255
Municipal corporations not generally liable 7178 Lessor of a railroad may be liable for acts of lessee
257
The rule in its application to carriers generally 7180 Wrongful ejection of passenger
258
Further of ejection of passengerMistake
259
Failure to stop trains
260
Negligence in connection with boarding and alighting from cars 7184 Refusal to sell tickets 7185 Expulsion of child travelling on halffare ticket
262
Dishonor of railroad tickets 7187 Expenses of litigation
263
CHAPTER CXCI
264
Proximate result a question of fact 7195 Remote speculative or conjectural damages
265
Cases where damages have been held remote or speculative
266
DUTY TO LIGHTEN CONSEQUENTIAL DAMAGES
277
Mitigation of Damages 88 72157225
281
Other avenues of employment open to injured person
283
Destruction of growing crops 7237 Destruction of grass and hay 7238 Destruction of trees 7239 Injury to reputation from sale of plants injured by n...
286
Negligence of title company
289
Negligent destruction of buildings and contents
292
Injury to building by explosion of dynamite 7242 Personal propertyLoss of
294
Injuries to vehicle
295
Loss of property of guest at hotel 7245 Injury to traction engine by collision 7246 Damages from the death or injury of domestic animals
296
Personal Injuries 72707345
297
Further of injuries to vessels
299
Injuries to tow 7252 Loss of time of employés through obstruction of river 7253 Injuries to nets by negligence of vessels
300
Breakdown of county bridge 7255 Damages for injuries by carrier to subject of shipment
301
Damages for delay of carrier
302
Damages to third person by negligence of carrier of goods 7258 Where property has no general market value 7259 Duty to minimize damages
304
Subrogation of insurer 7261 Interest on damages
305
CHAPTER CXCIV
306
Expert testimony as to extent of injuries not indispensable
308
Poverty of plaintiff and wealth of defendant
309
Malpractice of physician setting broken arm 7275 Liability of druggist to third person taking poison sold as medicine
310
Loss of TIME AND WAGES
317
Amount of such damages difficult of ascertainment
323
Extent of loss must be shown
329
Further of mental anguish 7322 Knowledge of susceptibility to mental anguish not essential to charge wrongdoer 7323 Peril and fright
332
Cost of CURE SECTION 7327 Expenditures incurred for medical attendance a proper element of damages
342
Causal connection between injury and attendance essential 7329 Expenditures for attendance must have been reasonable in amount
343
Aggravation of injury by malpractice 7331 Gratuitous medical and nursing services
344
Special treatment 7333 Necessity of evidence of amount of medical expenses 7334 Expenses of nursing
345
Recovery in actions by married woman
346
Recovery by infant 7337 Pleading such expenses
347
RECOVERY BY THIRD PERSON SECTION 7341 Action by husband for injuries to wife 7342 Recovery may include both loss of service and dimi...
348
Where the action is by wife for injury pending suit for divorce
349
Where the injury is to a minor child 7345 Character of child sometimes may be shown
350
Quantum of Damages 73487363
351
Must be assigned as ground for new trial
352
Amount as determined by pleading and estimates of witnesses 7351 Where property is injured
353
Injuries to the person
354
Further of injuries to the personPermanent injuries
355
Further of injuries to the personTemporary injuries
356
Severe injuriesUnconscionable verdicts
357
Quantum of exemplary damages 7357 Allowance of exemplary damages where compensatory damages only are proper 7358 Double damages
358
Presumption of negli
437
A collection of cases in which the negligence of the defendant
447
CHAPTER CLXXXIX
454
Right of action against common carrier of goods is presumptively
460
Liability as between streetrailroad companies and other persons
478
Pleading ordinances
482
Pleadings must state facts and not conclusions of
485
Examples of pleadings not open to this objection
491
Forms of actionWhether ex contractu or ex delicto
497
Bill of particulars
503
Where contribut
510
CHAPTER CC
525
7495 Willful and wanton injuries at railroad crossings
531
PLEADINGS IN ACTIONS AGAINST CARRIERS
537
PLEADINGS IN ACTIONS BETWEEN MASTER
543
Masters knowledge of the existence of the defect
550
Failure to warn servant of dangers
555
Insufficiency of force
561
Injuries caused by caving in of trench
564
Examples of inconsistent allegations ARTICLE IV PLEADINGS IN ACTIONS AGAINST MUNICIPAL COR PORATIONS SECTION
565
Corporate existence of defendant 7552 Pleading consolidation of cities 7553 Averment that work was done in execution of a corporate power 7554 ...
566
Averment that the highway or bridge was one which the defendant was bound to keep in repair
567
Further of averments as to duty to keep highways in repair 7557 Averring notice of the defect which caused the injury
568
Stating the place of the injury
570
Describing the defect which caused the injury
571
Objects in highway calculated to frighten horses
572
Averring that defect was proximate cause of injury
573
Snow and ice on sidewalks 7563 Failure to aver special injury by maintenance of public nuisance 7564 Injuries caused by defects in bridges
574
Pleading absence of contributory negligence
575
Plaintiffs ignorance of defect need not be averred 7567 Unnecessary allegations in complaint 7568 Allegation of service of claim or notice of intent to
576
Complaint in case of appeal from disallowance of claim by city 7570 Illustrations of sufficient petitions in highway cases
577
Illustrations of insufficient petitions
579
Variance between pleading and proofIllustrations
580
PLEADINGS IN CASES OF INJURIES FROM DANGEROUS PREMISES SECTION 7577 Action for negligence or for nuisance 7578 Right of injur...
581
Liability of landlord 7580 Want of knowledge of danger by injured person 7581 Injuries to children 7582 Places attractive to children 7583 Compla...
582
PLEADINGS IN MISCELLANEOUS CASES OF NEGLIGENCE SECTION 7587 Injuries on highways
585
Negligence of street railroad companies
586
Injury to child on track of street railroad
588
Pleading Damages 76007610
591
Impairment of earning power
595
Pleading Defenses SS 76137626
599
Pleading contributory negligence
603
Judicial Knowledge 76297632
608
In other cases not resting in contract the evidence must raise
622
SECTION NOMINAL AND SPECIAL DAMAGES
626
A recent deliverance and disagreement on this question in a
628
Evidentiary facts which have been held to call for the application of this maxim
633
Cases which deny the application of the rule of res ipsa loquitur
635
In case of accidents arising under obscure circumstances
640
PRESUMPTIONS AS TO PARTICULAR Facts SECTION 7654 Laws of sister State or foreign country
641
Statutory presumptions where circumstances are shown 7656 Failure to produce testimony 7657 Refusal to furnish information when applied
642
Fact that no previous accidents have occurred 7659 Ownership of thing causing the injury
643
Capacity of child to appreciate danger 7661 That public work was authorized 7662 Safety of streets and highways 7663 Failure to construct sidewalk...
644
Objects in highway calculated to attract children 7665 Unattended and runaway horses 7666 Unsafe premises
645
Falling objects generally
646
Fall of electric wires 7669 Fall of elevator 7670 Violation of speed ordinance 7671 Defective railroad crossings
647
Presumption of rightacting in crossing accidents
648
Failure to sound crossing signals 7674 Animals killed or injured on railroad tracks
649
Acquiescence in use of railroad right of way by pedestrians 7676 Unnecessary blowing of locomotive whistle under wagon bridges 7677 Proper con...
650
Fires set out by locomotives
651
Fires set out by traction engines 7680 Injuries to passengers
652
Masters knowledge of dangers of service 7682 Competency and habits of fellow servants
653
Presumption that employé received a copy of rules 1684 Employment of inexperienced motorman Negligence in the employment of independent co...
653
Failure of a bailee to redeliver goods
653
Loss of effects of guest in hotel ARTICLE IV BURDEN OF PROOF AS TO VARIOUS EVIDENTIARY FACTS SECTION 1695 Burden of proof ge...
654
Meaning of termprima facie evidence of negligence
657
Defects in construction of buildings 7702 Unsanitary condition of jail 7703 Unsafe condition of street or highway
658
Fright of horses 7705 Where cattle are killed or injured on railroad track
659
Insufficiency of locomotive bell 7707 Ejection of passengers 7708 Care as to effects in sleeping car 7709 Care in the transportation of goods
660
Care of goods by carrier where warehouseman relation has at tached 7711 That loss of goods resulted from a cause excepted in the bill of lading
664
Carrier must explain unreasonable delay 7713 Authority of station agent to contract for shipment of goods 7714 Care in the transportation of live sto...
665
Validity of valuation placed on consignment 7716 Care in running street cars
666
Street railroad signals at crossings 7718 Burden of proof of authority of servant 7719 Care in the relation of master and servant generally
667
That disobedience of masters orders did not contribute to injury 7721 Fellowservant relation 7722 Competency of child assigned to dangerous machi...
669
Assumption of risk 7726 Statutory provisions for protection of employés
670
Admissions Declarations Res Gestæ 77317743
671
Res gestæ continuedDeclarations of bystanders 7734 Exclamations and declarations of existing pain
675
Declarations of injured person to physician
676
Statements of physician to patient
677
Dying declarations 7738 Admissions against interest 7739 Admissions and declarations competent for purpose of impeach ment
678
Declarations and admissions of viceprincipal 7741 Admissions of agents and servants
679
Expert and Opinion Evidence 77477762
682
Matters deemed the subject of expert opinion evidence
688
Hypothetical questions
696
Evidence in Actions between Master
701
Whether employé injured in line of duty
702
Rules for the government of employés
705
Other appliances available to employé
711
Insufficiency of force
713
Inspection of cars and appliances
716
Negligence of defendant at other times 7786 Scaffolds and derricks
717
Injury in elevator not intended for use of employés 7788 Flying switchesKicking cars
718
Overhead bridges and other overhanging objects 7790 Various matters of evidence relating to railroad signals
719
Evidence in Actions against Railroad
720
CHAPTER CCVIII
721
Whether crossing is a public crossing
722
Omission of signals at crossings
723
Whether the plaintiff injured at a railroad crossing exercised due care for his own safety
724
Injuries caused by defects in railway crossings 7803 Injuries to pedestrians while crossing highways obstructed by trains
725
Glare of headlight 7805 Injuries to trespassers on railroad track or premises
726
Injuries to animals on track
727
Frightening animals by methods of operation
728
Fires set out by locomotives
729
Further of fires set out by locomotives 7810 Failure to observe rules may be shown
731
Evidence as to what railroad company was responsible for the wrong 7812 Admissible scientific works on question of stopping trains
732
CHAPTER CCIX
733
Whether injured person stopped looked and listened
734
Distance at which electric car can be heard 7819 Discernibility of objects on track ahead 7820 Custom as to running on particular track of double tra...
735
CHAPTER CCX
737
Evidence of official resolutions reports ordinances
743
Doctrine that such evidence is admissible
750
Evidence of the habits of the plaintiffs horse
752
Negligence may be proved by circumstantial evidence 7864 Privileged communications
758
Negative evidenceWitness did not hear bell whistle etc 7866 Testimony of the plaintiff on former trial 7867 Evidence to show hostile feelings of the ...
762
Records of Weather Bureau 7870 Evidence of conditions before and after accident
764
Evidence of repairs and precautions after the accidentWhen such evidence admissible
766
Evidence of similar accidents or long use without accident
769
Evidence to prove general condition of gas pipe 7874 Experiments and tests
770
Verification of model used for purpose of illustration 7876 Diagrams 7877 Photographs and maps
772
View of locality
774
Compulsory examination of injured person 7880 Exhibition of parts of body amputated or removed
775
Injured person may wear clothes worn at time injury was received 7882 Customs and usages
776
Habits and reputation
777
Habits and character of independent contractor 7885 Youth as reason for failure to call witness 7886 Reason for bringing suit in particular jurisdictio...
779
Malpractice of physicians surgeons dentists and attorneys 7889 Dangerous premises
780
Defects in bridges and approaches
781
Negligence in condition of electric wires and apparatus
782
Injuries by animals
783
Injuries caused by reckless driving
784
CHAPTER CCXIII
785
As to general and special instructions 7900 Instructions as to gross negligence
786
Instructions should be clear and easily understood 7902 Particular words and phrases used in instructions
787
Methods of stating general rules and exceptions 7904 As to repetition of instructions
789
Instructions must be based upon the evidence
791
907 Instructions limiting scope of inquiry 1908 Instructions limiting effect of impeaching evidence 1909 Burden of proof and presumptions
792
Instructions on the weight of the evidence
794
Instructions as to facts necessary to constitute negligence
795
Instructions on circumstantial evidence 7913 Number and credibility of witnesses
796
Instructions on credibility of witnesses as affected by interest or relationship 7915 Assumption of facts in instructions
797
Proximate cause of the injury 7917 Instructions as to mere accident
799
Instructions as to liability of the defendant notwithstanding the plaintiffs negligence
800
Acting in the face of sudden peril 7920 As to conflicting instructions
801
Instructions should be considered as a whole
802
Error harmless where jury not misled 7923 Instructions in actions for negligent injuries to children
803
Sufficiency of anchor
808
Ссх Evidence in Actions for Injuries to Pas
833
SARA
1177
12 In cases against municipal corporations 7403 In actions against
1191
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עמוד 138 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
עמוד 116 - Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin...
עמוד 562 - The ruling was in form that there was no evidence of negligence to go to the jury...
עמוד 538 - General damages are such as the law implies or presumes to have accrued from the wrong complained of. Special damages are such as really took place and are not implied by law...
עמוד 575 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable 1 48 Am. St. Rep. 146. evidence, in the absence of explanation, by the defendant, that the accident arose from a want of care.

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