Commentaries on the Law of Negligence in All Relations: (including a Complete Revision of the Author's Previous Works on the Same Subject)

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Bowen-Merrill Company, 1902
 

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Duty of passenger to make inquiry as to whether train stops at his station
28
Further of the rights of the passenger who boards a train which does not stop at his proper station
29
Duty of the conductor in such cases
30
Statutory obligation to stop train after ticket calling for a par ticular station is taken
31
Constitutionality of State statutes requiring interstate trains to stop at certain stations
32
Obligation to stop at other points than regular stations
34
Passenger acting on erroneous information given by the ticket agent
35
Passenger acting on erroneous information given by conductor or train agent
37
Further of the effect of mistakes of the train conductor
38
Passenger acting upon information given by inferior employés 2572 Right of passenger to a seat
39
Right to a seat in a parlor
40
Right of colored persons to be carried according to contract 2575 Statutory fares and overcharges 2576 Measure of damages for refusing to carry ac...
42
Questions of procedure in actions for carrying passengers beyond their destination
43
PASSAGE TICKETS SECTION 2581 Nature of passage tickets
44
Prima facie but not conclusive evidence of right of passage 2583 Transferability of passage tickets
46
Interpretation of passage tickets 2585 Passage ticket furnishes evidence to the conductor of the real con tract 2586 Effect of unstamped tickets
48
Mistakes and misprisions of the ticket agent
50
Right to rely on the apparent authority of the person officiating in the ticket office
52
Tickets purchased from brokers or scalpers
53
Rights of passengers holding excursion tickets
54
Tickets over connecting lines
55
Transfers from one car to another on the same line
58
Regulations and restrictions annexed to such transfers
59
Transfers given to street railway passengers
60
Right to stop short of destination on continuous trip tickets 2597 Right to stop off and resume journey on same ticket
61
Further of the right to stop off and resume journey
63
Tickets limited as to time
63
Interpretation of such time limits
66
Statutes regulating such tickets
68
Tickets good for this trip only good for this day only
69
Application of this rule to commutation tickets 2604 Other applications of this rule
70
Application of this rule in the case of connecting carriers 2606 Extensions of limited tickets
71
Identity of the holder of the ticket
72
Collecting extra fare from passengers without tickets 2609 When this extra fare can not be demanded
74
When ticket offices to be kept open
76
When railroad waitingrooms are to be kept open 2612 Statutory regulations upon this subject
77
Regulations requiring passengers boarding cars outside of station to pay extra fare although they have already paid fare in
78
Illegible tickets
79
Meaningless conditions in tickets 2616 Commutation coupon and roundtrip tickets
80
CHAPTER
81
Actions by railroad companies against passengers to recover fares 2619 Other holdings relating to railway tickets
83
SECTION ARTICLE III SPECIAL CONTRACTS OF CARRIAGE 2624 Special contracts for carriage 2625 Special contracts printed on commutation...
84
Assent of passenger to conditions in such contractsTheory under which assent presumed
86
Doctrine that knowledge of conditions must be brought home to
87
Waiver of conditions in passage tickets
88
Circumstances where there was no such waiver
90
Tickets procured through fraud
92
CHAPTER LXXXIX
94
Relation of carrier and passenger how created
95
Who deemed a passenger
96
Persons on board carriers vehicle presumed to be passengers
98
Who not deemed a trespasser
99
Point of time at which the relation commences
100
Further as to when the relation commences
101
Still further of this subject
102
Status of passenger not created by mere preparation to become
104
Status of passenger as dependent upon payment of fare
105
Further of the status of passenger as dependent upon the payment of fare
106
Still further as to the effect of the nonpayment of fare
108
Prepayment of fare not necessary to constitute one a passenger
109
a street car 2646 Persons riding gratuitously with the invitation or consent of the carrier
110
Who a passenger for hire 2648 Stockdrovers
112
Mail agentsPostal clerks
114
Soldiers transported under contract with the Government 2651 Express messengers
116
Express messengers learning the run 2653 Persons employed on a private car 2654 Employés of the carrier when deemed servants
118
When such employés deemed passengers
120
Employés of sleeping car companies 2657 Persons engaged in business on the carriers vehicle
121
Persons attending passengers arriving or departing
122
Passenger temporarily absent from carriers vehicle
124
Doctrine that temporary absence temporarily suspends relation of carrier and passenger
126
Persons on board trains delayed by accidents 2662 Status of person carried beyond destination while being brought back 2663 When the relation of ...
127
Further as to when the relation terminates
128
When the relation terminates in case of passengers on street cars
129
Who deemed passengers on freight trains
131
Persons riding on freight train by the mere permission of
132
Person riding on freight train by invitation of inferior train servants
134
Who not deemed such a passenger 2670 Idlers and spectators upon the carriers premises
135
Person riding in improper place on carriers vehicle
136
Persons riding on hand cars
138
Passengers riding upon the wrong train
140
Duty of carrier to guard against injury to strangers who are
141
DUTY OF CARRIER AS TO SAFE AND CONVENIENT STATIONS AND SECTION APPROACHES
142
A general statement of this duty 2679 Not an insurer but liable for reasonable care only
143
Applications of this doctrine
144
Doctrine that carrier is bound to use extraordinary care as to the safety of stations grounds etc 2682 To what portions of the carriers grounds this dut...
146
Extends to providing safe waitingrooms for passengers 2684 Extends to providing safe toiletrooms annexed to waitingrooms 2685 To whom this dut...
149
Extends to all persons lawfully there on business with the carrier
150
Does not extend to mere idlers and spectators
151
Extends to providing safe platforms
152
Further of the duty of providing safe platforms
154
Still further of this duty
155
Duty to keep platforms approaches thereto and stations lighted at night
156
Instances of negligence in failing to keep premises lighted
158
Other such instances
159
Further illustrations showing the extent of this duty
160
Cases of defective platforms where the carrier was exonerated
163
Care of platform maintained jointly by two companies 2697 Right of passenger to assume that the platform is safe
164
Other instances of negligence with respect to the carriers premises 2699 This duty extends to providing safe passageways
168
Illustrations of this duty
169
Extends to care in moving trains so as not to injure passengers 2702 Extends to providing safe means of ingress to carriers vehicle 2703 Extends to p...
171
And safe means of egress therefrom
174
Duty to protect alighting passengers from being struck by other trains
175
Duty to provide servants to guide and direct passengers 2706a Duty to provide guards to control crowds and prevent injury to passengers
177
Duty to provide safe passage to and from mail cars 2708 Duty to provide safe passage to and from refreshment rooms
178
Duty to provide safe passageways to and from baggage rooms 2710 Duty to provide safe passage to and from its telegraph office
179
Passengers injured by throwing mail sacks from moving trains
180
Application of these principles to street railways
181
In the case of passengers on elevated railways
182
In case of passengers on freight trains
183
Duty of providing safe wharves by carriers by water 2716 Injuries to waiting passengers through carelessness of the carriers
184
Negligence of Railway Carriers
186
Bound to use the highest practicable degree of care
192
Liability for slight negligence
198
Theory that this duty renders carrier liable although the proximate cause is the negligence of a third person 2735 To whom this measure of care is du...
199
Further of this duty of care towards feeble or helpless passengers
201
This care varies with the situation of passenger 2738 Greater care required in favor of passengers under disabilities 2739 This duty of care illustrated ...
202
In the case of a passenger who is intoxicated
203
This rule of diligence does not exclude the defense of the contrib utory negligence of the passenger
204
Instance of an instruction demanding too strict a standard of diligence
205
Another instance of such an instruction
208
The modern English rule of reasonable care
209
Further of the English rule
210
American expressions of this rule of ordinary care
211
Comments on the reasonable care doctrine
212
Doctrine that the rule of extraordinary care applies only to the carriers means of transit
213
Circumstances under which the carrier is bound only to ordinary care as toward the passenger
215
This obligation of care toward passengers how affected by statute
216
PRESUMPTION OF NEGLIGENCE FROM THE HAPPENING SECTION OF THE ACCIDENT 2754 Nature of this presumption 2755 A further exp...
217
but from a consideration of the cause of the accident
221
Arises only where the accident proceeds from something within the control of the carrier 2758 An approved judicial statement of this presumption
223
This presumption arises from accident to carriers vehicle 2760 This presumption arises where injury proceeds from carriers servant 2761 Illustrations...
224
Further illustrations
226
No such presumption where the defect is equally known to the pas senger and the carrier
227
Nor where the accident proceeds in part from a voluntary move ment on the part of the passenger
229
Nor where the accident proceeds from something wholly discon nected from the business of the carrier and which he is not bound to provide against
230
Nor where the injury proceeds from the act of God
231
Nor where the injury proceeds from the act of another passenger or other third person
232
Further of this exception
233
Nor where cause of accident is not susceptible of proof
234
Burden of rebutting this presumption rests on the carrier
235
What the carrier must prove to rebut this presumption
236
Further of evidence to rebut this presumption
237
This presumption takes the question of negligence to the jury in all cases
238
Evidence to overthrow this presumption
239
Rules under particular statutes
240
PROXIMATE AND REMOTE CAUSE OF INJURY OR DAMAGE SECTION
242
The negligence of the carrier must have been the proximate cause of the injury
243
Concurring negligence of the carrier and a third person 2780 Concurring negligence of two carriers who undertake to transport the passenger 2781 J...
245
Remoteness of damages in such cases
247
Damages in such cases held too remote
248
NEGLIGENCE IN FAILING TO PROVIDE A SAFE VEHICLE AND ROADWAY SECTION 2785 Degree of care imposed upon carrier in this parti...
249
Carrier not necessarily liable because a better mode of construction might have been adopted
256
Not enough that the appliance was such as was ordinarily in use unless it was reasonably safe
257
Care demanded in inspecting a railroad passenger train
258
Necessity of inspection a question of fact for a jury 2795 This question how submitted to a jury
259
Duty of railway carrier in respect of the safety of its roadway 2797 Further of this duty
262
Application of these principles to washouts caused by extraordinary storms
263
Further of sudden floods and washouts
265
Application of these principles to cases where rails axletrees etc are broken by frost
269
Rule where the accident is in part produced by an unforeseen cause 2803 What other latent defects have been held actionablewhat not actionable 280...
271
Competency of manufacturer or contractor an evidentiary fact tending to rebut presumption of negligence
274
Degree of care required of company furnishing motive power 2809 Presumption of negligence from derailment of train
275
Further of the presumption of negligence from the fact of derail
277
ment
278
Derailment caused by broken rail 2812 Derailment caused by breaking of wheel through secret defect
279
Derailment caused by giving way of the track
280
Evidence in case of injuries from derailments 2815 Questions of procedure and evidence connected with the subject of this article
281
Other applications of these principles
284
NEGLIGENCE OF RAILWAY CARRIERS IN OPERATING SECTION THEIR TRAINS SUBDIVISION 1 In General 2818 Degree of care required ...
285
Expressions of this rule of diligence in railway cases
286
Other such expressions as to railway carriers 2821 Must adopt rules and regulations to insure safety and conform to them
288
Injuries from overloading passenger cars
289
Injuries in consequence of collisions between trains of the same company
291
Further of such collisions
292
Collisions with trains of other companies
294
Injuries in shunting cars against cars carrying passengers 2827 Injuries in consequence of excessive speed 2828 Effect of the acquiescence of the co...
296
Instances where the railway carrier of passengers was held liable
308
Instances where the carrier was exonerated from the charge of neg ligence
309
Questions of fact for the jury
311
Duty to warn passengers of danger
312
Duty to warn passengers against taking the wrong route 2845 Not in general bound to assist passengers in getting on and off and in finding seats
313
Exceptions to this rule
314
What if the conductor or a trainman promises assistance
315
Instances where negligence was predicated upon acts of this kind
316
Liability for such acts extends even in favor of trespassers on the cars
317
Injuries in consequence of erroneous warnings advice commands etc 2851 Instances of this kind where the company was exonerated
318
Injuries in consequence of assistance of trainmen
319
Duty to Enable Passenger to Board Train and Be come Seated SECTION 2854 Duty to afford reasonable time for passenger to get aboard train 2855 ...
320
Negligence of passenger injured in boarding train while in motion
322
Duty to afford time to enable passengers to become seated
323
Failing to provide passengers with seats
324
Duty to Allow Passenger a Reasonable Opportu nity to Alight in Safety SECTION
325
Duty to afford passenger a reasonable opportunity to alight safely
326
Further of this duty
327
Degree of care required of railroad company in this respect
329
Duty of conductor to know whether he has on board passengers desiring to alight at a particular station
330
This reasonable time must be adjusted to the age the sex the in firmities the extreme youth of the passenger and to other cir cumstances
331
when not negligent
332
Instructions to juries with reference to this duty
333
Statutes prescribing the length of time trains are to stop at sta tions
334
Duty to announce the names of stations
335
Stopping train before reaching station 2871 Stopping train at improper or dangerous place
336
Duty to give signals before starting
337
Further of this subject
339
persons entering the cars to assist passengers
340
Injuries from starting trains with a sudden motion
341
Further of starting trains with a sudden motion
342
Injuries to passengers alighting while train in motion
343
Further of alighting while train in motion
345
Effect of an invitation to alight express or implied 2881 Whether calling out the name of the station constitutes an invita tion to alight
347
English theories upon this question
348
What other acts constitute an invitation to alight
350
Circumstances under which passenger hurt in obeying invitation to alight can not recover damages
351
Injuries through defective appliances to passengers while alighting
352
Injuries to passengers upon the companys tracks in getting on and
353
Carrying the Passenger beyond
355
Carrying passenger beyond destination viewed as a breach of con tract or as a tort
357
Further of this wrongWhat damages recoverable
358
Contributory negligence of the passenger in allowing himself to be carried beyond his proper station 2895 Duty of the conductor when the passenger...
360
Examples of injuries of this kind
361
Contributory Negligence of the Pas
362
Circumstances under which the carrier taking the passenger be yond his station will be exonerated
363
Carrier not liable for injuries resulting from mistakes of passenger
364
What care due to passengers on freight trains
365
What injuries to passengers on freight trains are prima facie evi
371
Contributory negligence of passengers on freight trains
372
Riding in cars other than caboose
377
Injuries received by sudden jolts and jars while the train is at
378
In General 29222940
382
of injuries to passengers 2923 Application of the doctrine of Davies v MannPrior and subse quent negligence
383
Whether contributory negligence in this relation is a substantive defense which must be pleaded and proved
385
Rule where the inference of contributory negligence arises out of the plaintiffs own testimony 2926 Want of care on the part of the passenger must c...
386
Passenger acting erroneously under impulse of fear produced by negligence of the carrier
387
Illustrations of this principle
388
Cases to which this rule does not apply
389
How far passenger entitled to presume that carrier has done his duty
390
Following directions of carriers servants
391
Leaping from railway train under advice or orders of conductor or trainmen
393
Circumstances where passenger not excused in obeying such advice
394
Contributory negligence of passengers under disabilities 2935 Contributory negligence of intoxicated passengers
396
Contributory negligence of trespassers 2937 Instances where contributory negligence was imputed
397
Passenger injured travelling on Sunday
401
RIDING IN AN IMPROPER PLACE POSITION OR SECTION 2942 General proposition 2943 Riding upon the engine MANNER 2944 To what car...
402
Leaving the train while it is at a halt and incurring danger
408
Riding on platform or steps of steam railway
409
Further of riding on such platform or steps
410
What will excuse the passenger in so riding
411
Further of such excuses or circumstances of justification
412
When standing on street car platform contributory negligence 2957 Riding on steps or footboard of street
420
Riding in express or baggage car 2959 Exception where the duties of the passenger require him to ride in the baggage or express
421
Exception where he is so permitted to ride by the conductor or baggage master
423
Effect of the consent acquiescence or invitation of the servants of the company
424
Contributory negligence of stockmen
425
Riding in caboose car of freight train
426
Riding on top of cars 2966 Further of riding on the top of a railway train
428
Standing on the seat or standing or walking in the aisle or passage
429
Acts of this kind to which contributory negligence was not imputed 2969 Passing from one car to another while train in motion
431
Riding standing
432
Sitting by an open window
433
Riding with arm or head or body out of window
434
Cases holding that this is not contributory negligence 2974 Other such cases
437
Whether the railroad company should erect barricades or guards to prevent people from putting their hands and arms out of the window 2976 Ridin...
439
Injuries caused by the opening and shutting of doors
440
Passengers hand crushed in the jamb of a door 2979 Cases of this kind where contributory negligence not imputed 2980 Cases of this kind where the...
442
Passenger assuming dangerous position in consequence of order of carriers servant
443
Assuming other dangerous positions
444
Instances where the assuming of a dangerous position was not deemed contributory negligence but presented a question for
445
Boarding train before it is ready 2993 Boarding train at improper place
446
Boarding cars by improper methods 2995 Not negligence per se to attempt to board a train in motion
453
Illustrations of this rule
455
Not negligence to assist another to board a moving train
456
Doctrine that to attempt to board a moving train is negligence 2999 Attempting to board a rapidly moving train is negligence 3000 Other cases wher...
458
When the act of the passenger deemed the proximate cause of
460
Boarding the train while standing stilltrain suddenly starting 3003 Attempting to board cars where the doors of the cars are locked
461
Attempting to board an elevated railway train while in motion 3005 Attempting to board train although proper facilities are not afforded for boardin...
462
Passenger injured in getting on wrong train 3007 Attempting to enter a stagecoach in motion
463
NEGLIGENCE IN ALIGHTING FROM CARRIERS VEHICLE SECTION 3010 Degree of care required of the passenger in alighting 3011 When ne...
464
jury
469
Is prima facie evidence of negligence taking question to jury 3015 When not negligence to leap from a railway train in motion
470
How in the case of women
473
Where the train has stopped a sufficient time for the passenger
475
Alighting from moving train where passenger is carried beyond his station
477
Further of conduct of passenger carried beyond his station
479
Some illustrations of the doctrine of the preceding section
480
Other instances of injuries of this kind where recovery was denied
481
Where the train does not stop long enough to enable the passenger
482
to get off 3023 Where the train begins to move while the passenger is alighting
483
Illustrative holdings
485
Leaping from train in order to avoid an impending peril real or apparent
486
Further of leaping from the train under impulse of fear produced by negligence of carrier
487
Leaping from the train under advice or commands of carriers servants
488
Circumstances under which contributory negligence ascribed to such acts
490
Alighting from the wrong door
499
3039
503
Alighting from railway train at improper or dangerous place
503
Leaving the train by a way not provided by the company
510
Further of alighting passenger being run over on another track
516
Alighting at Improper or Danger
517
Passenger getting hurt on carriers grounds
521
Instances where contributory negligence was imputed to the pas
527
Failing to Protect Himself against
528
Thorogood v Bryan overruled both in England and America
533
Illustrations of the foregoing
534
Contributory negligence of the passenger in failing to interfere
539
of Passengers 30673080
541
Caution required in the discharge of this duty
546
Not responsible for assaults the result of previous enmities
552
This duty extends to protecting passengers against the carriers
558
Power of station agents to establish regulations
567
Effect of the habitual violation of its rules by the carrier
568
Custom or usage created by course of conduct
569
VALIDITY OF VARIOUS POLICE REGULATIONS SECTION 3119 Regulations releasing carrier from the high degree of care imposed on him by
570
Separation of passengers according to
571
Classification of passengers according to color
572
Whether interstate carriers may make such classification 3123 This question how affected by the late Civil Rights
573
Statutory prohibition under which such separation unlawful 3125 Colored passenger entitled to equal accommodations with white passenger
575
Right of colored passenger to damages for the refusal of equal accommodations with white passengers 3128 Ejecting colored passengers from waitin...
576
Excluding runners peddlers hotel managers etc from carriers vehicles and premises
577
Excluding idlers hackmen etc from carriers premises 3131 Excluding drunken persons from platforms of street cars
579
Prohibiting passengers from riding on the platforms of the cars 3133 Preventing passengers from boarding trains while in motion 3134 Prohibiting p...
580
Validity of various regulations of steam railway carriers 3137 Regulations which have been held void
581
Interpretation of various regulations ARTICLE III REGULATIONS RESPECTING THE PURCHASE OF TICKETS AND THE PAYMENT OF FARES
582
Regulations Respecting Passen
586
SECTION
587
Regulation requiring identification of purchasers of tickets 3145 Rights of passenger who has lost or mislaid his ticket
587
Rights of passenger where conductor has wrongfully taken up
589
Expulsion of persons refusing to pay fare 3148 Statutory penalties in England for riding without paying fare 3149 Regulations as to mileage books 3...
592
AND STOCK TRAINS
593
Liability of the Carrier for Malicious
599
1
630
trespassers
695
Liability of Carrier for Arrests of Passengers 3272
705
Responsibility of Carrier to Trespass
722
gers by the Carriers Own Serv
736
Contracts Limiting the Liability
744
Connecting Lines 33483371
759
SECTION
761
Responsibility in Case of Mixed
796
Further of such excuses or circumstances of justification
845
Negligence and Other Torts of Street
854
Doctrine that the act of the passenger in so riding is not negligence
926
Sleeping Car Companies 36053622
972
General doctrine as to liability of master for malicious torts of
976
Stage and Hackney Proprietors 36263640
985
Modification of this doctrine in the case of incorporated carriers
996
Carriers of Passengers by Water 36433715
998
Statutes of the United States
1009
Right of passenger to assume that the approach is safe 2988 Further of this right to assume etc 2989 Care required in crossing intervening tracks to b...
1088
Duty to control or expel drunken dangerous or disorderly passen
1095
Carrier may establish reasonable regulations
1100
Burden of proof to show that person is not a passenger
1117
Derechos de autor

Términos y frases comunes

Pasajes populares

Página 268 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Página 201 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Página 242 - It was their duty to require from the wagon company some distinct assurance that it had been thoroughly examined and repaired." The learned judge thought the last answer immaterial, and directed a verdict for the defendants, reserving leave to the plaintiff to move to enter a verdict for him for...
Página 181 - Every railroad company, as aforesaid, shall be liable for all damages inflicted upon the person of passengers while being transported over its road, except in cases where the injury done arises from the criminal negligence of the persons injured, or when the injury complained of shall be the violation of some express rule or regulation of said road actually brought to his or her notice.
Página 707 - In consideration of receiving this free pass, each of the persons named thereon, using the same, voluntarily assumes all risk of accidents, and expressly agrees that the company shall not be liable under any circumstances, whether of negligence of...
Página 587 - He must not only protect his passenger against the violence and Insults of strangers and co-passengers, but a fortiori against the violence and insults of his own sen-ants.
Página 242 - The jury answered the first question in the affirmative and the second in the negative.
Página 178 - It has been accordingly held that passenger carriers bind themselves to carry safely those whom they take into their coaches, as far as human care and foresight will go, that is, for the utmost care and diligence of very cautious persons, and of course they are responsible for any, even the slightest, neglect.
Página 571 - The carrier's obligation is to carry his passenger safely and properly, and to treat him respectfully; and if he intrusts the performance of this duty to his servants, the law holds him responsible for the manner in which they execute the trust.
Página 706 - 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.

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