NOTE.—The mode of citing the American and English Railroad Cases is
as follows:

41 Am. & Eng. R. Cas.

The index contains references to the decisions and to the notes.

to the decisions are to the pages upon which the cases begin. References to
the notes are to the pages upon which the propositions stated in the index are

pany, 26.



Personal injuries. Review on ap- Jurisdiction of action, 521.

peal. Extent of injuries, 547. Action for benefit of collateral
Branch Road.

kindred. Kentucky statute, 543.
Parent and auxiliary company. Expectancy of life. Admissibility

Liability of parent company for of scientific work, 463.
negligence of auxiliary com- Elements of damage for death of

son, 369.

Conflict of laws. Statutes have no
Construction. Liability of com- extra territorial effect, 514.
pany for overflow, 26.

Penal actions, 515.
Conflict of Laws. See DEATH.

Suits in sister states under

statutes of state where accident
Effect of, upon exemption from occurred, 515.
taxation, 702, 706.

Existence of similar statute
Contributory Negligence. See in state where suit brought es-


Proof of foreign statute. Pre-
Of infants, 507.

sumption of law, 518.
Coupling. See MASTER AND SER.

Who may maintain action,


Evidence. See also MASTER AND
Death of son. Elements of dam. SERVANT,
age, 369.

Admissibility. Book containing
Exemplary damages for injuries rules. Knowledge of employe,
to passengers arising from neg-

ligence,' 132.

Declarations of engineer at
Passenger alighting from coroner's inquest, 504.
moving train. Absence of in-

Expectancy of life. Scientific
jury, 171.

work, 463.
recovery of, for torts of sery-

Incompetency of engineer.
ant, 48.

Record of accidents, 314.
Overhead bridges, 258.

Narrow escape of another em-
Personal injuries. Excessive ver- ploye, 380.
dicts, 368.

Testimony as to reputation
Peril and fright attending ac-

for carefulness, 320.
cident as elements of damage,

Report of accident, 314.

Expression of opinion of witness
Reading authorities in presence as to cause of accident, 504.
of jury, 369.

Personal injuries.. Submission of



Master and Servant-Continued'.
person to inspection of experts, - Opinion evidence. Necessity

of safety switch. Competency
Rules. Parol proof of rule at. of witness, 355.
tached to applications for em-

Risks assumed by using ap-
ployment, 314

pliances apparently defective,
Inspection of Person. See Evi. 288.

Employe's knowledge of de-

fect. Use of switch engine hay-
Action for wrongful death, 521. ing square tank, 354.

Knowledge of defect. Prov.
Liability of lessor for injuries sus- ince of jury, 288.

tained through operation of - Knowledge of defect. Use
leased railroad, 48.

of defective brake, 288.
Master and Servant.

Furnished by master. l'se
Torts of servant ; recovery of ex- of other defective appliances,
emplary damages for, 48.

Construction of statute. Right of

Amendment of pleading
employe to recover. “Any per- Statutory cause of action, 355,
son," 338.

Instructions. Assumption
Construction of side tracks. Duty that engine defective, 356.
of company towards its em-

Instructions. Experience of
ployes, 380.

employe, 355.
Employment of inexperienced per-

Instructions. Duty to in-
son of fullage as brakeman, 307. form employe of danger, 356.
Erections and obstructions adjoin-

Instructions as to duty of com-
ing track, 292.

pany, 355.
Obligation of employer to inspect

Instructions as to employer's
cars of other companies, 263.

duty, 353.
Bridge watchman. . Sufficiency of

Instructions. Risks assumed
evidence, 428.

by brakeman. Breaking of rail,
Engineer. Negligence. Obscured 354.
view, 347

Province of jury. Sufficiency
Misplaced switch. Sufficiency of of evidence to prove defects, 355.

evidence to sustain verdict, 347. Contributory negligence. Assum-
Negligently loading car. Motion ing dangerous position. Inju.

for non-suit. Responsibility of ries caused by recklessness of
company, 375.

another, 413.
Splinter projecting from rail, 380.

Apprehension of danger, 326.
Switching: Use of engine with

Failure to extricate oneself
square instead of sloping tank, from dangerous position, 413.

Unnecessarily going upon
Construction of Pennsylvania stat- railroad track, 413.
ute. Person engaged about cars

Car repairer. Assuming dan-
or railroad of company of which gerous position. Kicking, 330.
he is not an employe, 523.

Brakeman. Forgetfulness of
Appliances. Duty of employer.

defect, 429.
Existence of better appliances,

Gross recklessness of con.

ductor of gravel train, 429.
Duty of company as to brake-

Switchman on top of load of
shoes, 354.

lumber, 428.
Obligation of master. Duty

Province of jury, 428.
of employe to inspect, 352.

Coupling. Unusual construction
Employer's knowledge of de- of apparatus.

Ignorance of
fect, 352.

brakeman, 273.
Evidence. Attaching defect-

Use of freight engine instead
ive car to train, 353.

of switch engine, 330.
Reverse lever of engine.

Use of locomotive having
Competency of evidence of de- goose neck draft-iron. Notice
fect, 355.

to employe, 273.



Master and Servant-Continued. Master and Servant-Continued.
Car with defective bumpers,

Express messenger and em-

ploye of railroad company, 436.
Responsibility of employer

Trackmen fellow-serv.
for defective apparatus, 263.

ants of train hands when negli-
Defective apparatus.


gence of latter causes injury to
tributory negligence of brake- former, 477
man, 263.

Who are fellow-servants of
Failure of engineer and fire. train dispatcher, 463.
man to obey brakeman's signals,

Negligence of instructor fur.

nished by employer, 470.
Injuries to employes while

Negligence of co-employes
coupling cars with projecting loading rails upon flat car, 413.
loads, 329.

Promise of foreman to keep
Contributory negligence. As- look-out, 443.
suming dangerous position be-

Injury to laborer through neg-
tween cars, 330,

ligence of foreman, 442.
Contributory negligence.

Negligence: Failure to light
Projecting load, 329.

headlight, 446.
Contributory negligence. In-

Contributory negligence of
structions. Expression of opin- fellow-servant, 444.
ion on facts, 429.

Construction of § 1307, Iowa Code,
Derailment. Evidence. Testi- imposing on railroad companies

mony of person employed in liability for negligence of em-
construction of road, 381.

ployes, 281.
Evidence. Opinion of brake- Incompetency of co-employe. Re-
man, 381.

tention in service. Promise to
Pleading and proof. Defect- discharge, 363.
ive track. Low joint, 381.

Instructions. Evidence of
Evidence. Admissibility. Nar- negligence, 363.
row escape of another employe,

Engineer. Admissibility of

record of accidents, 314.
Res geste. Statement of track

Engineer. Evidence. Ne.
walker to section boss, 381.

cessity of repairs to engine, 362.
Presumption arising from

Engineer. Evidence
happening of accidents, 354.

carelessness. Opinion of brake-
Admissibility of testimony as man, 362.
to reputation for carefulness,

Engineer. Sufficiency of ev-

idence, 363.
Admissibility of book con-

Special findings negativing
taining rules. Knowledge of negligence. Verdict for plaint-
employe, 315 n.

iff, 363.
Evidence of ownership of rail- Interchange of traffic. Duty to
road, 368.

block frog. Employe of con-
Sufficiency in absence of eye necting company, 367.
witnesses, 428.

Negligently leaving cars on
Excessive speed. Failure to track of connecting company,
give statutory signals. Injuries 367.
at place other than crossing, 347. Minor employe. Exposure to dan-

Precautions taken by em- ger. Loading lumber car. 306.
ploye to avoid injury. Instruc-

Liability for personal in-
tions, 346.

juries, 301.
Injuries to bridge watchman.

Use of improper language by
Sufficiency of complaint, 347.

counsel in argument, 307,

Bridge watch- Overhead bridges. Obligation of
man and engineer and conductor company to employes in con-
of train, 450.

structing bridges, 256.
Car repairer and foreman,

Risks assumed by train-

hands, 257.
Engineers and switchman,

Notice to company of danger-

ous condition of bridge. Evi-





Master and Servant-Continuea.
dence, 258.

Exemplary damages, 258.
Contributory negligence of
employes, 258.

Liability when bridge con-
structed by other than railroad
company, 258.
Pleading Instructions. Aver-

ment of negligence, 484.
- Negligent construction of
road. Sufficiency of declaration
to support verdict, 355.

Injuries. Sufficiency of al.
legations. Evidence, 484.
Rules. Duty of company to pre-
scribe. Instructions, 315.

Omission to prescribe. Duty
of employe. Evidence of usage,

Applicability. Displaying sig.
nal. Car repairer, 315.

Construction. Duty to
port defect, 315.

Getting upon engine in vio-
lation of, 315.
Neglect to observe require-

Displaying signals.

Parol proof of rule attached
to applications for employment,

Ringing of engine bell. Parol

proof of rule, 314.
Negligence. See also CONTRIBU.


Parent and auxiliary company.

Liability of parent company for
negligence of auxiliary com-

pany, 26.
Construction of Pennsylvania

statute. Person engaged about
cars or railroad of company of
which he is not an employe,

Personal injuries. Review on ap-

peal. Extent of injuries. 547.
Pleadings. Alleging specific acts

of negligence, 483.
Comparative negligence. Rules

adopted by respective states,

Regulation of speed. Applica-


When relation of pas.
senger and carrier exists, 63,

Purchase of ticket and pay.
ment of fare, 63.

Assent of carrier. Illegal and
invalid contract, 63.

Presumption arising from
presence of traveller, 63.

Persons in waiting room, 64.
Persons at depot to take
train, 64.

Persons hailing street car,
etc, 65.

Persons leaving cars, 65.

Persons leaving cars at inter-
mediate stations 66.

Persons entering car, 65.

Transportation obtained by
fraud, 66.

Persons entering wrong
train, 68.

Permission of employes to
travel on train, 68.

What employes may invite
or permit persons to travel as
passengers, 09.

Drovers travelling in charge
of cattle, 70.

Express messengers, 70.
Mail agents, 70.
Newsboys, etc, 70.

Employes riding to and from
work, 71.

Persons assisting passengers,

Trespassers. Statutes pro-
viding for expulsion, 72.
Accommodations. Discrimination

against colored passengers, 42.
Alighting Reasonable time to
alight from train, 158, 168.

from moving yain by con.
ductor's orders. Sufficiency of
evidence, 171.

from moving train. Exemp-
lary damages. Absence of in-
jury, 171.

from moving train. Failure
to stop at station, 184.
Street car.

Admission of
president of company as

bility, 362.
Passengers. See also TICKETS AND

Who are.

Definition of "passen-

driver's negligence, 234.
Assault by driver of street car.

Cessation of contract of car-
riage. Scope of employment,

Boarding moving street car. Con.

tributory negligence, 235,
Connecting lines. Contracting




Street Railway-Continued.
company; responsibility of, for tory negligence. Province of
accident happening on connect- jury, 508.
ing line, 30.

Surface Waters.
Coniributory negligence. Alight- Obstruction of surface waters, 4.

ing from moving train by con- Overflow of streams, 9.
ductor's orders. Sufficiency of Taxation.
evidence, 171.

Constitutionality of statutes creat-
- Travelling in car other than ing special boards, 595.
passenger car, 129.

Liability of grantees of " railroad
Riding on platform, 92.

land-grant lands reserved for
Freight train ; passenger payment of claims, 684.
standing up in, 100.

Rolling stock, 578
Drover travelling upon top Sleeping cars, 578.
of train, 84.

Exemption. Effect of consolida.
Arm on car window ; passen-

tion, 702, 706.
ger travelling with, 143.

Effect of sale or conveyance
Alighting when name of sta- of land grant, 625.
tion is called and train stopped, Tickets and Fares.

Cash fare. Custom to refund
Defective roadbed. Passenger in- amount paid by holders of com-

jured owing to defective track. mutation tickets, 34.
Evidence, 131.

Regulations requiring pur-
Exemplary damages for injuries chase of tickets for passenger
to passengers arising from neg-

trains, 34.
ligence, 132.

Commutation tickets. Refunding
Falling from Summer street car, of purchase price, 35.

Purchase of ticket. Duty of com-
Freight trains. Passengers alight-

pany to sell.

Incorrect infor.
ing at place other than station, mation supplied by officials, 35.

Persons assisting passengers to Duty to maintain lookout and.
board cars ; injuries to, 168.

discover trespassers, 547,
Street railway ; degree of care re- Boy climbing upon freight car,
quired of, as carriers of passen-


on freight car. Evidence.
Sunday travel. Injuries to pas- Signals. Existence of fence.

sengers while traveling on Sun- Custom of people to cross switch,
day. Right to recover, 196.


9 years of age. Contributory
Ruling of court upon previous negligence, 507.
trial, 507.

Riding upon footboard of en-

gine. Instructions, 507.
Regulation. Applicability of or- Contributory negligence, Failure
dinance or statute, 362.

to look for approaching train

before stepping on track. 533.
Approach to station ; duty of com-

Failure to heed warning and
pany to light. Degree of care, signals, 534.

Evidence. Expression of opinion
Guidance of third person ; passen-

of witness as to cause of acci.
ger submitting to, 194.

dent, 504.
Lighting station. Duty of com- - as to intoxication of injured

person, 504.
Strangers. Extinguishment of Licensees. Injuries on track, 503.
light. Trespasser, 194.

Injury by substance thrown
Street Railway.

from train. Sufficiency of evi-
Carrier of passengers ; degree of dence, 503.

care required of company as, Habitualuse of bridge by foot trav-

ellers. Instructions. Knowl-
Boy walking on track. Contribu- edge of engineer. Excessive

gers, 116.

pany, 186.

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