A Treatise on the Law of Negligence, Τόμος 2

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Περιεχόμενα

Liability of road officers
19
Obligation assumed by contract
21
Obligations of one appropriating part of highway
22
Obligations of owner of private way
25
Joint and several obligations to repair
27
Defects in way concurring with other causes
28
Defects in way concurring with defects in adjacent premises
30
Duty to rebuild destroyed highway
33
Protection of travel pending repairs
35
What are defects under the statute
36
Defects in margins of way
39
Whole width when must be passable
42
Sidewalks and street crossings
44
Overhanging roofs awnings trees c
45
Objects likely to frighten horses
48
Duty to place lights barriers c
51
Railroad crossings
54
Corporations liability for acts of its licensee
55
Liability of licensee
58
Conditions implied in license
59
Obstructions incident to building operations
62
Obstructions incident to traffic
64
Obstructions from natural causesice and snow
66
Rule in New York and Connecticut
69
Liability of individuals for obstructing highways
70
Liability of corporation for third persons acts
73
Basis of action for injuries
74
Notice of defect when necessary
75
When notice will be implied
78
Who may maintain action
81
Damages must be special
84
Action when to be brought
87
Defenses
90
Contributory negligence
92
VOL IIPACE
93
Travelers knowledge of defect
94
Care required in traveling at night
97
Defect in plaintiffs carriage harness c
98
Unskillful driving contributory negligence
101
Unlawful weight of load
102
Sunday traveling
103
Damages recoverable
105
Action over by corporation
106
CHAPTER XVI
109
Statutory liability for nonrepair
111
Reappropriation of road by the public
112
Effect of change of control
113
CHAPTER XVII
115
What constitutes a public bridge
117
The approaches to a bridge
119
Abutments embankments and railings
120
By whom bridges are repairable
122
Bridges across navigable streams
124
Management and protection of drawbridges
126
Tollbridges
127
CHAPTER XVIII
129
Obligation of canal companies to navigators
130
Construction of canals
131
Maintaining embankments etc
133
Repair of towingpath and fencing canals
134
Contributory negligence
135
CHAPTER XIX
136
What dangers must be provided against
138
Laying track on highway
141
Damage to abutting owners
144
Accessories of railroads
146
Defects how proved
150
Rights of compensated landowners
151
Obligations to lessees and their passengers
152
Interference with highway
153
Restoration of roads and bridges
154
Roadbridges over railroads
156
Crossings
158
CHAPTER XX
164
Care in avoiding injury to cattle
166
Unequal operation of commonlaw rule
169
Statutory liability
170
Application of statutes
175
When fence must be made
176
Fences must be sufficient
177
Fences must be maintained
179
Causing fright of animals
184
Duty to signal cattle
188
Care to vards trespassing cattle
191
Checking speed of train
192
Rule as to trespassing cattle
196
Statutory rules as to checking speed
200
Presumption as to negligence
201
When animal is rightfully on track
203
Where fences are not required
204
Fences and cattleguards in towns
208
Injury must be owing to defect in fence
210
Effect of adjoining owners agreement to fence
213
Adjacent owners employment to build fence
215
Adjacent owners option to build fence
216
Companys agreement to fence
217
Contract to fence road not implied
219
Liability of lessees of road
220
Liability of agents and contractors
221
Who may claim benefit of statute
222
For what injuries is company liable
223
To whom is company liable
225
Notice of defect when to be given
227
Owners contributory negligence
228
Owners willful conduct
231
Owners illegal conduct
233
Rule in Maryland and Georgia
235
Companys action against owner
238
CHAPTER XXI
239
Illustrations of want of care
241
Negligence of other persons or companies
244
Rate of speed
248
Care required of railroads on or near highways
249
Care in driving horsecars
250
Care required at highway crossings
252
Care required at other crossings
256
Care of stationary cars and engines
259
Absence of flagman and watchman
260
Neglect of statutory precautions
262
Omission to ring bell at crossings
266
Presumptions in such cases
268
Who entitled to benefit of statute
270
Trains running backwards
271
Contributory negligence
273
What is not contributory negligence
274
Fractious horse
276
Crossing track in view of train
277
Illustrations of negligence in crossing
278
What is not negligence in crossing
282
Obstructions to view
285
Crossing when highway is blocked
287
Walking upon the track
288
Infirm persons and children
291
Effect of contributory negligence on statutory liabilities
293
Recovery notwithstanding contributory negligence
295
Engineers duty to foresee trespassers
297
Evidence
298
PART V
301
Obligations of carriers not merely in contract 30a 487 Who are common carriers of passengers
303
Who not passengers
306
Liability to free passengers
307
Who are not free passengers
308
Ejection of passenger
309
Carrier not insurer
311
Degree of care required
313
Application of the rule requiring great care
315
Obligations as to vehicles
316
Exception as to certain vehicles
319
Liability for interference of strangers with road
320
When ordinary care only required
321
Liability of lessees for condition of road
322
Accidents beyond carriers line
325
Limitations of liability by special contract
326
Restrictions on liability how far valid
327
When carriers obligation commences
330
When it ceases
334
Duty to stop at platforms
337
Duty to assist passengers in getting on and off
339
Duty to maintain guard against egress
341
Liability for servants malicious acts
342
Obligation of stagecoach proprietors
344
Obligations of carriers by steam vessels
345
Presumption of negligence
347
Presumption of negligence how rebutted
350
Negligence how proved
351
Care required of passenger
353
Negligence in getting on and off a vehicle
357
Illustrations
360
Violation of statute forbidding use of platforms etc
363
Negligence in being in improper part of vehicle
365
Negligence in changing from car to car
369
Negligence in crossing tracks at stations
370
Safe transportation of baggage
372
When carrier not responsible for baggage
375
CHAPTER XXIII
378
Its peculiarities
379
Statutory regulations
380
Obligations not merely in contract
381
Telegraph companies common carriers
383
Reasons for considering them such
384
Obligation to furnish telegraphic facilities
385
Responsible only for negligence
386
Unlawful messages
387
Degree of care required
388
Duty as to receiving messages
390
Messages must not be altered
391
Evidence of negligence
392
To whom company is responsible
393
Connecting lines
395
Eflect of stipulations
406
Evidence under special contract
410
PART VI
412
Degree of skill etc required of an attorney
414
General rule of liability
415
When liable for gross negligence only
418
Obligation dependent upon compensation
419
Retainer implies professional employment only
420
Negligence a question for the jury
421
Burden of proof
422
Obligation to proceed in the cause
424
Conduct of cause before trial
425
Obligation to take collateral proceeding
426
Conduct of the trial
427
Proceedings after trial
428
Compromising suit in judgment
430
Negligence in conveyancing and searching
431
Negligence in keeping and investing money
433
Liability for disclosing privileged communications
434
Joint liability of attorneys in copartnership
435
CHAPTER XXV
436
Duty to present bill for payment or acceptance
437
Duty to give notice of dishonor of bill
438
Liability for negligence of subagents
440
Exceptions to the rule
443
Personal liability of subagents
444
Collection by notary
445
Who may sue for bankers negligence
447
Banker not bound to sue upon paper
448
Liability of directors
449
CHAPTER XXVI
451
Illustrations of the rule
452
False certificates and mistakes in searches
453
Liability of towns for negligence of their clerks
455
CHAPTER XXVII
456
Liable to whom
457
Standard of care in presenting and protesting bills
458
Illustrations of the rule
459
Giving notice of dishonor of bills
460
Negligence must be correct cause of indorsers discharge
461
Liability for defective acknowledgments
462
CHAPTER XXVIII
463
Obligation of unpaid physician
464
Degree of skill required
465
Standard of skill not absolute
467
Tests of skill
468
Character of disease may determine degree of skill
469
Physicians not liable for errors of judgment
470
Evidence of negligence and burden of proof
471
Contributory fault
473
CHAPTER XXIX
474
Liability for misconduct of deputy
475
Diligence in executing process
476
Inadequacy of levy
478
Safe keeping of property
479
Duty as to sale of property
480
Liability for insufficient sureties
482
Liability for escape
483
PART VII
484
Owners liability for animals trespass
485
Owners notice of disposition of animal
486
Presumption of notice of disposition
488
What deemed sufficient notice
491
Sufficient evidence of notice
492
Keeping infectiously diseased cattle
495
Animals straying on highways and railroads
496
VOL IIPACB
497
Who will be deemed owner of animal
498
Ownership of animal how proved
500
Imputed knowledge of animals habits
501
Separate owners when jointly liable
502
Plaintiffs contributory negligence
503
Driving trespassing animals off land
505
Negligence in impounding cattle
506
Statutory liability for dogs
507
CHAPTER XXXI
509
Examples of negligence etc
510
Rate of speed
512
Injuries committed by vicious animals
513
Liability for insufficiency of vehicle
514
Violation of roadlaw evidence of negligence
515
Persons on wrong side assume risk
516
Cases in which the law of the road does not apply
517
Management of sleighs
518
CHAPTER XXXII
522
Statutory regulations
523
Effect of contract to maintain fences
524
Who are entitled to protection of animals by fence
525
Who are entitled to protection against animals by fence
526
Liability for damage to animals through want of fence
527
Liability for damage by animals through want of fence
528
CHAPTER XXXIII
530
Liability for spread of fire
532
Proximate cause of injury from spread of fire
537
Fire purposely kindled
538
Fires kindled to clear land
539
Firing other land
541
Statutory liability
542
Fire communicated from locomotives
543
Duty to use approved appliances on locomotives
545
Other neglect than want of approved appliances
546
Evidence of origin of fire
547
Burden of proof of origin of fire
549
Statutory liability of railroad company
553
Combustible material on right of way
555
Plaintiffs contributory fault
556
What use of adjacent land not contributory negligence
557
What is not contributory negligence
558
What is contributory negligence
560
CHAPTER XXXIV
562
contributory negligence
563
Negligent use of firearms etc
564
Burden of proof on defendant
566
Storing of gunpowder etc
567
Shipping etc of dangerous material
568
Vendors of poisons
569
CHAPTER XXXV
571
Neglect to repair apparatus
572
Contributory act of stranger
573
Defense of contributory negligence
574
Negligence of companys servants
575
CHAPTER XXXVI
576
Owners liability in use of premises
577
interference with lateral support
578
Liability for unsafe condition of land
580
Liability for condition of street
581
Liability to business visitors
582
Liability to person entering under bare license
584
Liability of landowner to his invited guest
587
No liability for unusual or improper use of land or buildings
588
Liability of landlord for defects arising after lease
589
Liability for defects at date of lease
591
Liability of partial lessor
592
Landlord not liable to tenants guest as such
593
Tenant when not liable
594
Tenant when liable
595
Landowners duty where highway adjoins
596
Miners absolute liability
598
Miners liability for negligence
599
Liability for condition of unfinished buildings
600
Traps for trespassers
602
Dripping water and snow
604
Liability of occupant for leakage
605
Liability where landlord and tenant are both in fault
606
Wharfingers etc
607
Inspection of wharves
608
To whom wharfinger liable
609
Management of artificial collections of water
610
Rights of riparian owners
612
Erection of dams
615
Overflowing banks of streams
617
Care in construction and maintenance of dams
618
Diversion of watercourses
619
Fouling of streams and wells
620
Drainage of surface water
622
Interference with water
624
Obstruction of navigation
625
Obligation to remove wrecks
626
PART VIII
627
Uncertainty how resolved
629
Damages which might be avoided
630
Disease resulting from injury
631
Future damages
633
Loss of profits
635
Speculative profits not allowed
636
Recovery not to exceed value of property
638
Exemplary damages against master
640
Damages to real property
642
Damages to personal property
644
Damage to animals
645
Damages against attorneys
646
Telegraph damages limited by want of notice
647
Telegraph damages in particular cases
649
Social telegrams
652
Expenses of care
655
Loss of time
656
Physical and mental suffering
657
Defendants wealth or plaintiffs poverty
658
Damages in favor of parent master etc
659
Parents injured feelings not allowed for
660
Damages in case of death
661
The rule in Kentucky and other states
664
Husbands damages for wifes death
665
What is pecuniary damage
666
Loss of parent
667
Expenses incurred by death
668
INDEX
671
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Σελίδα 417 - ... court ; for the want of care in the preparation of the cause for trial ; or of attendance thereon with his witnesses ; and for the mismanagement of so much of the conduct of a cause, as is usually and ordinarily allotted to his department of the profession. Whilst on the other hand, he is not answerable for error in judgment upon points of new occurrence, or of nice or doubtful construction, or of such as are usually intrusted to men in the higher branch of the profession of the law.
Σελίδα 629 - ... a person guilty of negligence should be held responsible for all the consequences which a prudent and experienced man, fully acquainted with all the circumstances which in fact existed, whether they could have been ascertained by reasonable diligence or not, would, at the time of the negligent act, have thought reasonably possible to follow, if they had occurred to his mind.
Σελίδα 466 - ... by those conversant with the employment as necessary to qualify him to engage in the business of practicing medicine and surgery.
Σελίδα 26 - The gist of the liability consists in the fact that the person injured did not act merely for his own convenience and pleasure, and from motives to which no act or sign of the owner or occupant contributed, but that he entered the premises because he was led to believe that they were intended to be used by visitors or passengers, and that such use was not only acquiesced in by the owner or person in possession...
Σελίδα 493 - Justice ruled, that if a dog has once bit a man, and the owner having notice thereof keeps the dog, and lets him go about or lie at his door; an action will lie against him at the suit of a person who is bit, though it happened by such person treading on the dog's toes, for it was owing to his not hanging the dog on the first notice. And the safety of the King's subjects ought not afterwards to be endangered.
Σελίδα 206 - The court below gave the following instruction to the jury : " If the jury believe, from the evidence, that the plaintiff, while sleeping in the defendant's car on the trip from Chicago to Alton, was robbed of a sum of money which he...
Σελίδα 330 - 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.
Σελίδα 450 - One who voluntarily takes the position of director, and invites confidence in that relation, undertakes, like a mandatary, with those whom he represents or for whom he acts, that he possesses at least ordinary knowledge and skill, and that he will bring them to bear in the discharge of his duties.
Σελίδα 110 - 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...
Σελίδα 315 - In known practical use to secure the safety of the passengers, but not every possible preventive which the highest scientific skill might suggest.

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