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INDEX TO NOTES.

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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.

con-

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.

8 RR R-61

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-

TIVES.

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.

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Continued.

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

Continued.

not enforced, or employee
has no knowledge thereof,
548.
Contributory negligence, pre-
sumption and burden
proof, 548.

of

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.

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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.

CUT.

See Master and Servant.

RULES.

See Master and Servant.

SNOW AND ICE.

See Master and Servant.

SNOW BANK.

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.

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ABROGATION.

See Rules.

ABUTTERS.

GENERAL INDEX.

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

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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.

Co. (N. J.), 470.

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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