CARRIERS OF GOODS. Selection of Connecting Carrier. Contract to carry to point of transhipment connecting carrier refusing to receive goods, and circumstances urgent, 150. Contract to carry to point of transhipment designated carrier refusing to receive goods, 150.
Contract to carry to point of transhipment, where con- necting carrier is designated -connecting carrier indi- cated by marks on goods, 150. Contract to carry to point of transhipment, where con- necting carrier is designated -general rule, 150. Contract to carry to point of transhipment, where necting carrier is designated -instructions to deliver to order at such point, 150. Contract to carry to point of transhipment, where no connecting carrier is desig- nated-general rule, 150. Contract to carry to point of transhipment, where no connecting carrier is des- ignated-no connecting car- rier at such point, 150. Rights and liabilities of con- necting carrier receiving goods not intended for him, 150.
Through shipment-right of first carrier to choose con- necting lines, 150.
Whether contract for connect- ing carrier's benefit, 150.
CARS ON SIDINGS. See Master and Servant.
CATTLE CHUTES.
See Master and Servant. CATTLE GUARDS.
See Master and Servant. COAL CHUTES.
See Master and Servant. COAL PILE.
See Master and Servant. CONNECTING CARRIERS. See Carriers of Goods. CONTRACTS.
See Carriers of Goods. Fires Set by Locomotives. NEGLI-
CONTRIBUTORY GENCE.
See Master and Servant. COUPLING CARS.
See Master and Servant. DERRICKS.
See Master and Servant. DITCHES.
See Master and Servant. EARTH AND STONES.
See Master and Servant. EMPLOYERS' LIABILITY ACTS.
See Master and Servant. FELLOW SERVANTS.
See Master and Servant. FIRES SET BY LOCOMO-
Whether Railroad Company May Stipulate against Liability for Its Negligence.
General rule, 42.
Liability to third persons, 42. Liability to third persons- contract operative only between parties and privies, 42.
Liability to third persons-
FIRES SET BY LOCOMO- MASTER AND SERVANT— TIVES-Continued.
goods placed in warehouse without knowledge of the owner, 42.
Liability to third persons— liability to insurance com- pany paying loss, 42. Liability to third persons-
notice not sufficient to make third person a party to the contract, 42.
Liability to third persons- where agreement did not extend to property of third person, 42.
Property on right of way, 42. Rule not affected by statute fixing company's liability for fire, 42.
Rule not affected by statute prohibiting carriers from limiting their liability, 42. Rule not confined to exemp- tions from liability for fire, 42.
Whether contract inures to benefit of reorganized or consolidated company, 42.
Acts of fellow servants, train- men and sectionmen not fellow servants, 548. Assumption of risk, general principles, 548.
Assumption of risk of dangers from necessary structures against which company cannot reasonably guard, 548.
Assumption of risk of one
danger where employee has knowledge of another, 548. Assumption of risk, question for jury in debatable cases, 548. Assumption of risk, sufficiency of knowledge, 548. Assumption of risk where danger open and obvious,548. Assumption of risk where employee assists in abating danger after having made complaint, 548. Assumption
of risk where employee is exercising due care at time of accident, 548. Bridges and trestle supports near track, 548.
Buildings and awnings near track, 548.
Cattle chutes near track, 548. Cattle guards, 548.
Cattle guards unsafe to em-
ployees on tracks, 548. Coal chutes, 548.
Coal pile, 548.
Cars on sidings, 548.
Concurring negligence of mas- ter and fellow servant, 548. Contract exempting employee from liability, 548.
Contributory negligence, fail- ure of employee to perform positive duty, 548.
Contributory negligence, gen- eral principles, 548. Contributory negligence in act- ing under orders, 548. Contributory negligence in coupling cars in motion, 548. Contributory negligence in getting on or off moving cars, 548. Contributory
negligence in riding in improper place or position, 548.
Contributory negligence in violating rules, 548. Contributory negligence in
violating rules where rule
MASTER AND SERVANT- MASTER AND SERVANT
not enforced, or employee has no knowledge thereof, 548. Contributory negligence, pre- sumption and burden proof, 548.
Contributory negligence ques- tion for jury in debatable cases, 548. Contributory negligence, reli- ance on company's perform- ance of duty no excuse for employee's failure to use due care, 548.
Contributory negligence, vio- lation of unreasonable rule, 548. Contributory negligence where
duty might have been per- formed at different time, 548. Contributory negligence where employee occupies improper place through no fault of his own, 548.
Contributory negligence, whether employee charge- able with knowledge of dan- ger, and right to rely ou company's performance of duty, 548.
Derricks near track, 548.
Earth and stones liable to fall PROJECTING ROCK IN
on track, 548.
Effect of custom, 548.
Employers' liability acts, 548. General rule, 548.
General rule, illustrations, 548. Lumber, timber, etc., on track, 548.
Mail cranes, 548.
Negligence in use of sewers where open and obvious danger, 548.
Overhead bridges, escaping, liability by giving warning, 548.
Overhead bridges, height re- quired, 548.
Overhead bridges, height re- quired for safety of brake- man on high cars, 548. Overhead bridges, warning de- vices to be properly erected and maintained, 548. Overhead wires, 548. Projecting cross-ties, 548. Projecting rock in cut, near track, 548.
Risk not assumed where dan- ger slight, 548.
Snow and ice on track, 548. Snow bank, 548.
SNOW AND ICE.
See Master and Servant.
STATION-LIMIT BOARDS. See Master and Servant.
STONES, GRAVEL, CLINK- ERS.
See Master and Servant.
STRUCTURES ERECTED BY THIRD PERSONS.
See Master and Servant.
ABROGATION.
See Rules.
ABUTTERS.
See Railroads in Streets. Stations and Depots. Street Railways.
ACCIDENTS ON TRACK. See Animals.
Crossings.
Personal Injuries.
Railroads in Streets.
Care due licensee crossing part of right of way used as foot- path.
Griswold v. Boston & M. R. R. (Mass.), 489.
Care required of trainmen and drivers of vehicles in using street.
Holt v. Pennsylvania R. Co. (Pa.), 804.
Contributory Negligence.
Conduct in walking upon track in street, without necessity, where injury not intention- ally, or wantonly caused. Atchison, T. & S. F. Ry. Co.
v. Schwindt (Kan.), 473. Conduct of bicyclist in stop- ping upon track without look- ing behind him as affected by absence of signals.
Zolpher v. Camden & S. R.
Co. (N. J.), 470.
Direction of verdict for defend- ant because of negligence of person working near track in stepping on track within eight or ten feet of car. Gleason v. Worcester Con- solidated St. Ry. Co. (Mass.), 759. Epileptic walking on track. Marks υ. Atlantic Coast
Line R. Co. (N. Car.), 756. No recovery for gross negli- gence where failure to show ordinary care on part of per- son injured on street rail- way track.
Gleason v. Worcester Con- solidated St. Ry. Co. (Mass.), 759. No recovery where ordinary care on part of person in- jured on street railway track
Of previous failures to give street car signals, in action for injury to pedestrian. Dyer v. Union R. Co. (R. I.), 782.
Testimony of engineer.
Marks v. Atlantic Coast-
Line R. Co. (N. Car.), 756. Failure of employees to use their best judgment in assisting plaintiff just after accident. Griswold v. Boston & M. R. R. (Mass.), 489.
Insufficiency of evidence tending to discriminate between injury received by plaintiff being struck and that caused by de- lay in releasing her from car. Griswold v. Boston & M. R. R. (Mass.), 489.
Motorman's conduct as affected by sudden emergency.
Ackerman v. Union-Traction Co. (Pa.), 485.
Negligence after discovery of peril, sufficiency of evidence. Marks v. Atlantic Coast-Line R. Co. (N. Car.), 756. Negligence in operation of elec- tric car colliding with another vehicle, depending upon dis- tance in which car should have been stopped after other ve- hicle should have been seen. Zolpher v. Camden & S. Ry.
Question for jury, negligence and contributory negligence, in action for injuries to per- son in wagon on steam rail- road track.
Holt v. Pennsylvania R. Co. (Pa.), 804.
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