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COMPENSATION CASES

ANNOTATED

THE WORKMEN'S COMPENSATION, EMPLOYERS' LIABILITY
AND CURRENT NEGLIGENCE CASES DECIDED IN THE
FEDERAL COURTS OF THE UNITED STATES,

THE COURTS OF LAST RESORT OF ALL

THE STATES AND TERRITORIES

AND THE ENGLISH AND
CANADIAN COURTS.

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COPYRIGHT 1912

BY

CALLAGHAN AND COMPANY

DEC 1 0 1914

PREFACE.

This series of reports is known as NEGLIGENCE AND COMPENSATION CASES ANNOTATED, and is cited as N. C. C. A. The series is the outgrowth of necessity. The rapidly increasing number of negligence cases and the importance of decisions under Workmen's Compensation Acts and Employers' Liability Statutes have created a demand on the part of the legal profession that such cases be segregated from the great mass of cases on other subjects, and that they be brought together in some convenient form. The profession has come to appreciate the usefulness of a special series of cases on a branch of the practice, in which nearly every lawyer is interested. Experience will, it is believed, fully demonstrate the convenience and value of this series.

It will be the aim of the publishers to put the greatest amount of material into the smallest practical compass, at the lowest price. The series will begin at the point where the AMERICAN NEGLIGENCE REPORTS leave off, and will contain all of the cases on the broad subject of Negligence, including cases of Personal Injuries and Injuries to Property, decided by the higher courts, State and Federal in America, including Alaska, Porto Rico and the Philippines, England and Canada; also all cases dealing with Employers' Liability Insurance Contracts, and cases arising under Employers' Liability Statutes, Employers' or Industrial Insurance Statutes, and Workmen's Compensation Acts.

Exhaustive annotation upon practical topics will be one of the leading features of this series, and no time or expense will be spared in making the monographic notes of the greatest helpfulness to the profession. In the annotation all of the cases in point will be analyzed, the facts in each case fully set out and the doctrine applicable clearly

stated. The notes will not consist of mere statements of general rules, but will be comprehensive so that it will not be necessary for the reader to examine the cases cited. The date of each case cited in the annotation will be given; the value of the date is recognized by every lawyer who knows of the fluctuating and unstable condition of the law on the subjects of Employers' Liability, Industrial Insurance, and Workmen's Compensation. A conscientious effort will be made. to prepare annotations which shall be of the greatest service to lawyers. Another feature of the series which every practicing lawyer will appreciate, is the insertion of the pleadings involved in each case, so far as the same can be obtained. The material issues of each case may in this way be ascertained, and the pleadings may safely be used by lawyers as forms or precedents in similar cases.

Each volume will contain not less than 100 fully reported cases, with numerous notes of cases, Table of Reported Cases, Table of Cited Cases, Table of Cases Classified according to the facts, cumulative Index to Notes, Index to Pleadings, and General Index with many cross-references. About three volumes will be issued per year.

In issuing this series the publishers are prompted by a desire to save time, energy and expense for attorneys, and to decrease the now arduous labor required in searching for cases in point among the almost numberless decisions rendered by the higher courts. hope the members of the legal profession will find this volume and the others which shall follow of real service and benefit to them in their work.

Chicago, December, 1912.

CALLAGHAN AND COMPANY.

TABLE OF CASES REPORTED.

[In addition to the cases reported at length in this volume are numerous Notes of Cases which appear in the annotations. These Notes of Cases which are not reported in AMERICAN NEGLIGENCE CASES or AMERICAN NEGLIGENCE REPORTS but many of which give a full statement of facts and excerpts from opinions, are designated by the letter n preceding the number of the page on which the same appear in this volume, as, for instance: Adams v. Southern R. Co., 125 N. C. 565.......n29]

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Aluminum Co. of America v. Ramsey....222 U. S. 251.
American Rolling Mill Co. v. Hullinger 161 Ind. 673.
Amiano v. Jones & Laughlin Steel Co... 233 Pa. 523.
Anderson v. Globe Nav. Co....
Anderson v. Milliken Bros..

n29

694

369

184

n842

n847

57 Wash. 502.

n144

123 App. Div. 614, aff'd in 194 N. Y.
521

....

n839

Arkansas S. R. Co. v. Loughbridge....65 Ark. 300.....
Arrington v. Texas P. R. Co.

n8

- Tex. Civ. App. —; 70 S. W. 551

n385

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Atlantic Coast Line R. Co. v. Powell.. 127 Ga. 805....

Atlantic Refining Co. v. Leffingwell &
Berry

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.n388, n395

1

Baddeley v. Granville...

Bangle v. Missouri, Kansas & Tex. R. Co..

Barber Asphalt Paving Co. v. Austin.. 186 Fed. 443.
Bass v. Reitdorf.....

Becker v. Haynes..

Benson v. Furness Ry.......

61 Fla. 101...

B.

.L. R. 19 Q. B. Div. 423....

n865

Tex. Civ. App. -; 140 S. W. 374. n779

n858

25 Ind. App. 650.

n495

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Blanchard v. Vermont Shade Roller Co.84 Vt. 442.....

Blossom Oil & Cotton Co. v. Poteet......-
Bluedorn v. Mo. Pac. R. Co........

Bogard's Adm'r v. Ill. Central R. R. Co. 144 Ky. 649...
Bolan-Darnall Coal Co. v. Williams,....7 Ind. Terr. 648.
Bonnette v. St. Louis, Iron Mountain &

Southern Ry. Co....

Bourne v. Whitman.

87 Ark. 197.

209 Mass. 155.

(v)

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