A Treatise on the Law of Negligence, Τόμος 2

Εξώφυλλο
Baker, Voorhis, 1898 - 1427 σελίδες
 

Περιεχόμενα

Interference with highway
696
Restoration of roads and bridges
698
Roadbridges over railroads
699
Highway crossing at level
701
417a Other crossings at level
704
CHAPTER XX
707
Where English rule does not prevail
710
Unequal operation of commonlaw rule
713
Statutory regulations
714
Application and validity of statutes
718
When fences must be put up
719
Fences must be sufficient
720
Fences must be maintained
722
Frightening animals on fenced roads
725
Duty to signal to cattle
728
Care towards trespassing cattle
729
Checking or stopping train
731
VOL 11PAGE
733
Checking speed for trespassing cattle
734
Statutory rules as to checking speed
736
Presumption as to negligence
738
When animal is rightfully on track
739
Where fences are not required
741
Fences and cattleguards in towns
745
Injury must be owing to defect in fence
746
Effect of adjoining owners agreement
748
Employment of adjacent owner to build fence
750
Compensated owner of land cannot recover
751
Grants of right of way
753
Liability of lessees of road
754
Liability of other parties
755
Application of fence laws to personal injuries
756
Who entitled to benefit of statute
758
Notice of defect when to be given
759
Contribtuory negligence on fenced roads
760
451a Contributory negligence on unfenced roads
761
Owners willful conduct
766
Rule in Illinois etc
767
Degree of care in maintaining fence
768
Companys action against owner
770
CHAPTER XXI
771
Illustrations of want of care
773
Negligence of other persons or companies
775
Rate of speed
778
Care required of railroads on and near highways
780
Transferred to 485a
782
Care required at other crossings
788
464a Intersecting railroads
792
Care of stationary cars and engines
793
Gates flagmen and watchmen
794
466a Duty to maintain fences
797
Neglect of statutory precautions
798
Omission to ring or whistle at crossings
802
Presumptions in such cases
805
Who entitled to benefit of statutes
807
Trains running backwards
808
Contributory negligence
810
What is not contributory negligence
812
Fractious horse
815
Crossing track in view of train
816
Duty to look and listen
819
When failure to look and listen excused
826
Obstructions to view
831
Crossing when highway is blocked
835
Traveling along the track
837
Infirm persons
842
481a Children
844
481b Deceased persons
847
Effect of contributory negligence on statutory liabilities
848
Duty to avoid effects of contributory negligence
850
Duty to anticipate contributory negligence 885
855
Evidence of negligence
860
485a Street cars
864
485b Electric and cable cars
867
485c Street cars contributory negligence
868
CARRIERS
874
Ejection of Passengers
889
Carrier not insurer
896
Obligation as to vehicle
902
When ordinary care only required
908
Validity of restrictions on liability
914
Consolidated with 490
920
Duty to assist passengers in getting on and
927
Liability for servants malicious acts
934
Presumption of negligence
942
Presumption of negligence how rebutted
946
Evidence
947
Contributory negligence
950
Getting on and off moving vehicle
954
Getting on and off in other cases
961
Statutes as to platforms etc
966
Passengers in improper place
967
Changing places on train
974
Crossing tracks
976
Care of passengers personal effects
978
Omitted
982
CHAPTER XXIII
983
Its peculiarities
984
Statutory regulations
985
Obligations not merely in contract
987
Reasons for considering them such
989
Obligation to furnish telegraphic facilities
990
Responsible only for negligence
991
Degree of care required
993
Duty as to receiving messages
994
540a Duty as to delivery
995
Messages must not be altered
997
Evidence of negligence
998
To whom company is responsible
1000
Connecting lines
1003
Power to make regulations
1004
Certain reasonable rules considered
1005
Certain unreasonable rules considered
1006
Notice of rules necessary
1008
Customer must actually know the rule
1009
Limitation of liability by contract
1010
Proof of special contract
1011
Validity of contracts exempting from liability generally
1012
Validity of other stipulations
1014
Effect of stipulations
1017
Evidence under special contract
1020
556a Contributory negligence
1021
PART VI
1023
General rule of liability
1026
When liable for gross negligence only
1028
Obligation not dependent upon compensation
1029
Retainer implies professional employment only
1030
Advice of counsel how far a protection to an attorney
1031
Burden of proof 1032 1
1032
Obligation to proceed in the cause 1034 1
1034
Obligation to take collateral proceedings
1036
Consolidated with 569
1037
Compromising suit or judgment
1038
Negligence in conveyancing and searching titles
1039
Negligence in keeping and investing money 1041
1041
Liability for partners or agents
1042
CHAPTER XXV
1043
Duty to present bill for payment or acceptance
1044
580a Duty to remit proceeds of collection
1046
Duty to give notice of dishonor of bill
1047
Liability for negligence of subagents
1049
Exceptions to the rule
1052
Personal liability of subagents
1054
Consolidated with 594
1067
Illustrations of liability
1068
Giving notice of dishonor of bills
1069
Defenses by notary
1070
CHAPTER XXVIII
1072
Obligation of unpaid physician
1073
Degree of skill required
1074
He is bound to have skill
1075
Standard of skill not absolute
1076
Tests of skill
1077
Character of disease may determine degree of skill
1078
And so may the habits and tendencies of the patient
1079
PART VII
1094
What deemed sufficient notice
1101
What kind of notice necessary
1102
Sufficient evidence of notice
1103
Keeping infectiously diseased animals
1106
Animals running at large
1108
Who will be deemed owner of animal
1110
Ownership of animal how proved
1112
Imputed knowledge of animals habits
1113
Separate owners when jointly liable
1114
Contributory negligence
1115
Driving trespassing animals off land
1117
Negligence in impounding cattle
1119
CHAPTER XXXI
1120
Examples of negligence
1121
Rate of speed
1123
Injuries from driving vicious or runaway horses
1125
Consolidated with 647
1126
Consolidated with 649
1127
Application of rule of the road
1128
Cycling
1129
Contributory negligence
1131
CHAPTER XXXII
1137
Peculiar American commonlaw rule
1138
Effect of contract to maintain fences
1139
Who entitled to protection of animals by fence
1140
Who entitled to protection against animals by fence
1141
Injuries to animals from insufficient fence
1142
Division fences
1143
CHAPTER XXXIII
1145
Liability for spread of fire
1147
Proximate cause of injury
1152
Fire purposely kindled
1153
Fire kindled to clear land
1155
Firing other land
1156
Statutory liability
1157
Fire communicated from locomotives
1158
Duty to use approved appliances
1160
Other neglect than want of approved appliances
1162
Evidence of origin of fire
1164
Burden of proof
1167
Omitted
1172
Contributory negligence
1175
Negligent use of adjacent land
1178
Consolidated with 680
1181
CHAPTER XXXIV
1182
Who may complain of negligent management
1184
Consolidated with 686
1187
688a Blasting
1188
Storing of dangerous material
1190
Vendors and bailors of dangerous material
1191
Pharmacists opticians etc
1193
CHAPTER XXXV
1194
Duty of inspection and repair
1195
Consolidated with 693
1198
Negligence of companys servants
1199
CHAPTER XXXVI
1202
Liberty in use of premises
1203
Interference with lateral support
1204
701a Owners absolute liability
1207
Dangerous structures
1209
fire cscapes
1212
Liability to travelers on adjoining highway
1214
Liability to business visitors
1217
Liability to person entering under bare license
1220
Owners liability to his invited guest
1224
Unusual or improper use of land or buildings
1226
Liability to tenant for defects at date of lease
1229
709a Liability to strangers for defects at date of lease
1231
Liability of partial lessor
1232
Consolidated with 709
1234
Tenant when liable
1235
Consolidated with 343
1236
Miners liability for negligence
1237
Liability for condition of unfinished buildings
1238
719a Passenger elevators
1240
Traps for trespassers
1242
Dripping water and snow
1243
Consolidated with 709
1244
Liability where landlord and tenant are both in fault
1245
Wharfingers etc
1246
Inspection of wharves
1248
Omitted
1249
CHAPTER XXXVII
1250
Rights of riparian owners
1252
Erection of dams
1255
Overflowing the banks of streams
1256
Care in construction and maintenance of dams
1257
Diversion of watercourse
1258
Fouling of streams and wells
1260
Drainage of surface water
1262
Interference with water
1264
Obstruction of navigation
1266
PART VIII
1268
Uncertainty how resolved
1270
Damages which might be avoided
1271
Disease resulting from injury
1272
Future damage
1275
Loss of profits
1276
Speculative or illegal profits not allowed
1278
Recovery not to exceed value of property
1279
Exemplary damages
1280
Exemplary damages against masters
1283
749a Damages against municipal corporations
1285
Damage to real property
1286
Damage to personal property
1290
Damage to animals
1291
Damages against attorneys
1292
753a Telegraph damages
1293
Telegraph damages limited by want of notice
1295
Telegraph damages in particular cases
1297
Social telegrams
1301
Statutory penalties
1303
Damages for personal injuries
1304
Expenses of cure
1306
Loss of time
1308
Bodily and mental suffering
1311
761a Ejection of passengers
1313
Circumstances of parties
1315
Damages in favor of husband master etc
1316
Consolidated with 763
1317
Insurance etc not deducted from damages
1318
Damages in case of death general rule
1319
Peculiar statutes
1321
767a Actions on surviving rights
1323
For whose benefit recovery allowed
1324
Loss of husband or wife
1330
Statutory limitations of amount
1336
Obligation to remove wrecks 1267
1395
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Δημοφιλή αποσπάσματα

Σελίδα 1269 - ... 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 1075 - ... by those conversant with the employment as necessary to qualify him to engage in the business of practicing medicine and surgery.
Σελίδα 1336 - The right of action now existing to recover damages for injuries resulting in death, shall never be abrogated; and the amount recoverable shall not be subject to any statutory limitation.
Σελίδα 1027 - ... 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 916 - 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. Thirdly. That these rules apply both to carriers of goods and carriers of passengers for hire, and with special force to the latter.
Σελίδα 1284 - For injuries by the negligence of a servant while engaged in the business of the master, within the scope of his employment, the latter is liable for compensatory damages ; but for such negligence, however gross or culpable, he is not liable to be punished in punitive damages unless he is also chargeable with gross...
Σελίδα 947 - The law does not require such particular precaution as, it is apparent after the accident, might have prevented the injury, but such as would be dictated by the utmost care and prudence of a very cautious person before the accident, and without knowledge that it was about to •occur.
Σελίδα 1299 - ... that it was the purpose or intention of the sender of the message to purchase the oil in the expectation of profits to be derived from an immediate re-sale. If the order had been promptly delivered on the day it was sent, and had been executed on that day, it is not found that he would have re-sold the next day at the advance, nor that he could have re-sold at a profit at any subsequent day. The only damage, therefore, for which he is entitled to recover is the cost of transmitting the delayed...
Σελίδα 1075 - ... some degree of want of care ; there must have been a want of competent and ordinary care and skill, and to such a degree as to have led to a bad result.
Σελίδα 1253 - The right to the use of the flow of the water in its natural course, and to the momentum of its fall on the land of the proprietor, is not what is called an easement, because it is inseparably connected with and inherent in the property in the land ; it is parcel of the inheritance, and passes with it.

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