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, 1904
 

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When employer liable for injuries to servants of independent contractor
17
Injuries to ones servants by contractors or their servants 3738 When employer liable for injuries to his servant by negligence of independent contract...
20
Servants of different masters not fellow servants 3740 Janitress of building and its owner 3741 Employé and officers of employing corporation
21
Railroad company and baggageman or expressmessengers 3743 Who is an employé within the meaning of a statute
22
Manufacturer and hired prisoners ARTICLE II SERVANTS ACTING OUTSIDE THE SCOPE OF THEIR DUTIES_VOLUNTEERSINTERMEDDLE...
23
Further of injuries to servants acting outside the line of their duty
25
Injuries to servants before commencing or after quitting work outside of workinghours
27
Injuries to servants going to their place of employment and re turning therefrom
28
Injuries to servants during temporary cessations of their em ployment 3753 Instances of such injuries where the master was held liable
29
Master voluntarily assuming duties of servant liable for negli gently performing such duty
31
Degree of Care Required of
33
General statement of masters liability
34
Cases denying or failing to apply this principle
43
Rule of ordinary care applied to the safety of machinery etc Not negligence to act in accordance with ordinary usage
51
Explanations of this doctrine
53
Further explanations
54
This care varies according to the danger to be avoided
55
Master not bound to exercise a high and exhaustive degree of care 3774 Not liable for accidents not reasonably to be anticipated
56
Rule excludes liability for injuries proceeding from the act of God or from inevitable or inscrutable accident
57
Application of this rule of reasonable care in the case of railway service
59
Custom adoption of how far excuses master 3778 Doctrine of this chapter restated
60
DUTY OF INSPECTING AND FINDING OUT SECTION
61
Obligation of master to keep machinery etc in safe repair 3782 Effect of knowledge or notice or want of knowledge or notice on the part of the mast...
64
Degree of care skill and diligence required in performing this duty of inspection
65
Duty to apply what tests in making inspections
66
Master not liable for hidden defects not discoverable by the exer cise of ordinary care
67
Master under a continuing duty of inspection
68
Duty to inspect after hearing noises which indicate danger 3788 Duty to inspect after making repairs
71
Master liable for improper inspection although there has been au official inspection 3790 Duty of inspection extends to supervision of conduct of fell...
72
Master cannot absolve himself from this duty by a rule devolving it upon his servants generally
73
Nor by employing competent inspectors unless their inspection was competent 3794 Master chargeable with knowledge of what a reasonable inspec t...
74
Notice or knowledge that the appliance has got out of repair
77
What will be notice to the master of such a defect
78
Constructive notice of the defect from lapse of time
80
Circumstances under which knowledge of one defect will impute knowledge of another defect 3800 Manner of proving such notice or knowledge o...
81
Correlative duty of master and servant with respect to knowing
82
SECTION 1
84
INJURIES TO SERVANTS THROUGH FAULTS OF OPER
88
Subjecting servant to hostile attack by servants of another com
96
Children employed without authority of master
102
Status of children employed in violation of statute
103
Power of incorporated employers to employ surgeons nurses etc
110
Printed rules and notices imposing risks upon employés
116
Contracts between railroad companies and their employés
118
Circumstances under which the question whether the negligence
124
MISCELLANEOUS QUESTIONS RELATING TO EMPLOY
130
This duty primary absolute and nonassignable
134
Defects in premises leased by the master
140
Circumstances under which employer liable
142
Instances where the master was exonerated
149
Instances where the master was held not liable
155
Injuries to volunteers to intermeddlers to licensees
162
Cases of injuries in excavating where the employer was exoner ated 3915 Criminal negligence of a gangboss in excavating 3916 Injuries to servants i...
167
Unguarded and unsafe excavations ditches
168
EXPLOSIONS SECTION 3919 Care of dynamite 3920 Explosion of powder mills
169
Furnishing employé with iron instead of wooden rod for tamping 3922 Drilling holes containing unexploded charges
171
Subsequent explosion of unexploded blast
172
Failing to provide adequate means of escape from a blast about to be fired
173
Fall of stone from the side of a quarry caused by blasting 3926 Explosions of steamboilers and their connections
174
Further of this subject 3928 Rule where the proprietor directs the construction of the boiler according to his own plan
176
What inspections and tests in the case of steamboilers
177
Right of employer to rely upon certificate of public inspector 3931 Failing to use a fusible safetyplug 3932 Evidence on which employers have been ...
178
Pleading in actions for injuries in explosions of steamboilers
180
Relevancy of evidence in such actions
181
Explosions of gas 3936 Injuries to employés in other explosions
182
LIABILITY FOR INJURIES TO SERVANTS CAUSED BY FIRES OTHER THAN RAILWAY FIRES SECTION
183
Liability for negligently creating fires 3940 Failure to provide means to prevent fires
184
Liability of master for failure to equip buildings with fireescapes
185
Statutes enjoining this duty
187
Failing to notify or alarm employés on the breaking out of a fire 3944 Giving erroneous directions whereby employés are detained in the burning bu...
188
Other decisions with respect to the liability of employers for in juries to their servants from fires
189
Effect of custom of workmen to build their own stagings
195
Falling of buildings walls
201
Roofs of buildings
207
Steam injuries from other than from explosions
208
Tunnels completed and uncompleted
214
Degree of care demanded of the master in this respect
220
Further of this subject
226
Suitable machinery etc furnished by master but servant injured in consequence of its negligent use by his fellow servants
232
Machinery dangerous if improperly used 4003 Servant selecting something insufficient where the master has pro vided materials or appliances which...
233
Injuries to servants through the sudion starting of machinery 4007 Injuries to servants through the sudden starting of machinery where the master wa...
237
Effect of masters assurance that an appliance is safe 4009 Employer need not own the dangerous machine by which employé is injured 4010 Tempor...
238
Other injuries where there was evidence of negligence to charge the employer
240
Injuries from defects in machinery etc with respect to which employers have been exonerated
241
UNGUARDED OR UNFENCED MACHINERY SECTION 4017 Duty of master to cover fence or guard dangerous machinery
243
Decisions illustrating this liability of the master
244
Statutes defining and enforcing this duty
246
Doctrines and decisions which exonerate the master in this regard
249
Comments on these decisions
251
Decisions relating to injuries from unguarded setscrewsEm ployers exonerated
252
Canadian doctrine that an employer whose servant is injured by an unguarded setscrew is liable 4024 When servant deemed to accept the risk of inju...
254
DERRICKS LIFTINGCRANES ETC AND TIIEIR OPERATION SECTION 4026 Care demanded of master in the construction and operation of derr...
255
Distinction between permanent structures and temporary devices 4029 Allowing parts of derricks to become worn out and defective
257
Defects with respect to which the employer was held liable 4031 Defects with respect to which the employer was exonerated
258
Operation of the New York statute
259
CHAPTER CX
270
Evidence to make out a case of incompetency on the part of
276
Service SS 41144126
278
No such duty in respect of dangers obvious to the comprehension
285
Distinction between duty to give warning and instruction as
292
Duty to warn and instruct with respect to dangers attending
296
Instructions to juries with respect to the duty to warn and
302
Circumstances under which a minor employé has been held
308
Duty to warn and instruct unskilled servants assigned to
313
Illustrations of this duty in railway service
319
DUTY TO WARN AND INSTRUCT IN OTHER LINES
325
Duty to warn and instruct concerning the dangers attending cir
331
VARIOUS ILLUSTRATIONS OF THE DUTY TO WARN
336
Other illustrative casesMaster exonerated
342
Servant not entitled to a rule displacing ordinary prudence on
348
PROPRIETY SUFFICIENCY AND REASONABLENESS
352
Duty to enforce such rules
358
CHAPTER CXIII
367
CHAPTER CXIV
370
General principles governing such liability 4180 Mineowner not an insurer of the safety of his appliances or methods
371
Liability of mineowner for injuries to miners from explosions of firedamp
372
Statutory liability of mineowners for injuries to miners 4183 Statutory duty to provide suitable ventilation in mines
373
Liability under the Illinois Miners
375
Failure to comply with a provision of the same statute requiring an examination of the mine each morning
376
Liability under same statute for failing to provide adequate means of egress
377
Liability under same statute for failing to provide safe means of hoisting or lowering miners in a cage 4188 Liability under the Indiana statute
379
Liability under the Missouri statute 4190 Liability under the West Virginia statutes 4191 Liability for injuries caused by the falling of the roof of the ...
380
Cases exhibiting evidence of negligence in failing to prop the roofs of mines
382
Liability for injuries from falling rock coal ore etc other than falling roofs
384
Duty to keep a supply of timbers for propping and shoring
385
Failing to provide place of refuge on haulingroads and gravity roads 4196 Failure to provide barriers upon oretramways to prevent cars from runnin...
388
Objects falling down shaft of mine 4199 Duty of mineowners as to ladders scaffolding etc in their mines
389
Caving in of the shaft 4201 Duty of mineowner to give warnings of danger 4202 Negligence with respect to stulls and platforms
390
Electric wires not properly insulated 4204 Negligence after the breaking out of a fire in a mine
391
Duty to cut separate manway for ingress and egress 4206 Employment of a mineboss or mineforeman 4207 Who is the owner agent or operator with...
392
Failure to protect the shafts and stairways by handrails
393
Employment of competent and fit servants in mines 4210 Employment of children in mines
394
Negligence with respect to unexploded blasts
395
Negligence with respect to the construction or repair of the cage in which miners are lowered and raised 4215 Various negligences for which mineow...
396
CHAPTER CXV
398
Liability of ships and shipowners to shiprepairers for defects in the ship 4222 Liability of ships and shipowners to stevedores
400
Liability of ship or shipowner to servant of stevedore for injuries from defective appliances used in loading and unloading
402
Circumstances under which the ship or shipowner has been ex onerated from liability for injuries from its appliances for load ing or unloading
403
Liability of stevedore for injuries to his servant in consequence of using defective appliances belonging to the ship 4226 Liability of warehousemen ...
404
Defective gangplanks staging etc 4229 Dangerous defects in ladders hatches scuttles
405
Defective or insufficient ropes
406
Defective appliances for navigation 4232 Injuries from defective eyebolts
407
Loading and unloading at night 4234 Accidents in navigation 4235 Assaults upon seamen
408
Miscellaneous injuries to the employés of vesselowners
409
Neglect to furnish proper medical aid to seamen
410
Liability of stevedores for negligence of their servants 4239 Compulsory pilots
411
CouplingGrounds SS 44254427
412
Not bound to adopt every new appliance
415
Not bound to adopt every new appliance
421
Failure to build a bumper at the end of an inclined track
428
Snowslides gravelslides falling rock stick of wood falling from tender 4269 Tracks dangerously near together
429
Sidetracks dangerously near main track
430
Defects in railway tracks dangerous to the feet of employés 4272 Further of defects in the track dangerous to the feet of employés
431
What defects dangerous to the feet of employés do not afford evi dence of negligence
433
To what companies or their representatives this liability for in juries from defective tracks ascribed
435
Construction and safety of loggingrailroads 4276 Cases of injuries from defective railwaytracks where the com pany was held liable
436
INJURIES TO RAILWAY EMPLOYES FROM OBJECTS Too NEAR THE TRACK SUBDIVISION I In General SECTION 4280 Liability of railroad...
438
Statutory constructionDangerous structure too near the track not negligence in the running of trains 4282 Accepting the risk of such dangers and co...
439
Negligence of fellow servant no excuse 4284 Cases of this kind where the company has been excused
440
An Alphabetical Catalogue of such ObjectsCom pany Liable or Not Liable SECTION 4286 Cattlechutes 4287 Cattleguards
442
Clearancepost between main track and switchtrack 4289 Coalshed 4290 Derricks
443
Girder between pillars of an elevatedrailroad structure 4292 Lumber pile of near sidetrack
444
INJURIES TO RAILWAY EMPLOYES FROM DEFECTIVE
451
Duty of company to adopt whippingstraps or telltales
457
INJURIES TO RAILWAY EMPLOYES FROM DEFECTS IN RAILWAYYARDS SWITCHES FROGS AND OTHER SWITCHING APPLIANCES S...
462
Whether use of open or unblocked frogs is negligence in the ab sence of statute
463
Statutes prohibiting the use of unblocked frogs or switches
464
Such statutes held to be an affirmance of the common law 4329 What notice the railway company must have had of the absence of such blocking 43...
466
Duty of blocking switches frogs guardrails etc in process of construction 4332 Leaving unfilled spaces between the ties in switchyards 4333 Absence...
467
Switch located too near a cattleguard 4335 Care of snow and ice in switchyards 4336 Maintaining switchtarget on wrong side of track
468
Use of stubswitch instead of splitswitch 4338 Use of switches without locks or targets
469
Dangerous obstructions in switchyards
470
Derailments in consequence of imperfections in switches
471
Derailments in consequence of switches being negligently left open without lights 4342 Derailments in consequence of switches being tampered with ...
472
INJURIES TO RAILWAY EMPLOYES FROM DEFECTS IN LOCOMOTIVEENGINES AND THEIR APPLIANCES SECTION 4346 Liability of rai...
473
Bound to what inspection of their engines etc 4348 Allowing locomotiveboilers to become defective and unsafe
474
Defective step on locomotive
475
Defective handrails and grabirons 4351 Grease on top of steamchest 4352 No sand in dome
476
Engine without sufficient power 4354 Steel sliver on drivewheel 4355 Valvestem of tender out of order
477
Numberplate on engine not securely fastened 4357 Various other defects in engines etc for which railway compa nies have been held liable to their s...
478
INJURIES TO RAILWAY EMPLOYES FROM DEFECTS
480
Defects in cars on repairtracks
486
Nature and extent of the inspection required
492
Railroad company not liable for defects which are plainly marked and indicated so as to put the risk upon the employé 4387 Railroad company liable...
498
No duty of inspecting foreign cars received for the mere pur pose of unloading 4390 Injuries received in shifting standardgauge carbodies upon nar ...
499
Liability of railway companies to their employés for injuries from defective brakes brakebeams chains etc 4394 Duty of exercising reasonable care w...
500
Not liable for what latent defects 4397 Defect must have been the proximate cause of the injury 4398 Company must have had knowledge or means ...
501
Injuries arising from the failure of airbrakes to work 4400 Conditions of fact under which company held liable
502
Circumstances under which company not liable
504
Illinois statute requiring brake on rear car of train 4403 South Carolina statute requiring brakes on certain freightcars
505
INJURIES TO CARCOUPLERS FROM DEFECTS IN THE COUPLINGAPPLIANCES SECTION 4406 Liability of railway companies for furnishing ...
506
Various instances of such liability
507
Other illustrative decisions
508
Cases of this kind where the company was exonerated
510
Use of coupling devices which are dissimilar 4411 Using cars with double buffers or deadwoods
511
Use of cars with buf rs of unequal height 4413 Use of cars with buffers which pass each other 4414 Failure to furnish a crooked link where the buffe...
513
Failing to equip cars with automatic selfcouplers
514
Federal statute requiring use of automatic carcouplings 4418 Construction of other statutes relating to couplingdevices
515
Sending out cars with defective handholds on them
516
Giving erroneous signals where men are engaged in coupling
522
Instances of liability for failing to perform this duty
527
Instances where there was no such liability
528
Liability for injuries to employés in operating handcars
529
VARIOUS INJURIES TO RAILWAY EMPLOYES IN OPERATING ENGINES AND CARS SUBDIVISION I Moving of Trains SECTION 4450 Rul...
531
Discretion of a railroad company as to the methods of directing the movements of its trains
534
Changing the runningtime 4453 Running trains in sections 4454 Running trains too close to each other
535
Sending out an irregular or wild train without notice to track repairers and others
536
Double trackRunning a train on the wrong track 4457 Breaking in two of a train
537
Locomotive or train starting with a sudden jerk 4459 Stopping suddenly and without warning
538
Instances where negligence was not imputed to the act of stop ping suddenly and without warning
540
Allowing fireman to run locomotiveengine 4462 Obstructions on the track
541
Running train backwards 4464 Pushing cars too suddenly against other cars 4465 Attempting to move car which has run off the track
542
Failure to have lookout on rear of backing train 4467 Illinois statute requiring brakeman on rear car of train 4468 Other statutory precautionsLooko...
543
Running a train without a conductor
544
Conductor temporarily leaving train in charge of engineer 4471 Negligence of railroad conductor in failing to instruct brakeman before temporarily ...
545
Running down handcars and pushcars
546
Running over switchmen 4477 Running a train rapidly around a curve upon sectionmen 4478 Running down trackrepairers at work on the track
547
Running over bridge watchman 4480 Running down employés using railwaytracks as passways
548
Right of engineer to assume that sectionmen will be on the look out and get out of the way 4482 Employé struck by a man or an animal thrown from...
549
Injuries on the tracks of other companies
550
Duty to provide sufficient signals of danger
551
Further of the duty of giving signals and warnings
552
Duty of giving signals to carinspectors and carrepairers 4491 Further of the duty of giving signals to carinspectors and car repairers
554
Sending back flagman to warn following train 4493 Interpretation of rule requiring dangersignals to be given when a train stops for any cause
556
Railway signals for use during fogs 4495 Circumstances under which negligence has not been imputed to railway companies with respect to the failur...
557
Signals by unauthorized persons 4497 Negligence in not waiting for the proper signal
558
City ordinance requiring continuous ringing of bell extends to protection of servants 4499 Failure to ring bell within city limits as required by munici...
559
Absence of other lights on trains or cars 4503 Moving a graveltrain without notice or warning to men at work upon
560
Giving a signal by shouting instead of by bell or whistle 4505 Failing to place a flagman at an open switch
561
SECTION 4508 Excessive speed 4509 Speed must be governed by condition of the track 4510 City ordinances limiting rate of speed
562
Collisions SECTION 4512 Injuries to employés in collisions
564
Collision due to negligence of independent contractor in operating signals of electric railway 4514 Trainman jarred from car by collision
565
Cases of injuries to employés in collisions where the railway company was exonerated
566
Instructions in such cases which have been approved
567
Driving cars too hard against buntingpost
573
Injury from negligent manner of loading and operating a logging
580
Employment on in or about a factory 4583 Factory what constitutes
606
Employment on in or about a dock 4585 Employment on buildings exceeding thirty feet in height 4586 Construction or repair what constitutes
607
Right to weekly compensation as affected by wageearning ca pacity ARTICLE III UNDER VARIOUS FACTORY ACTS SECTION 4590 Under the F...
608
Under the Massachusetts statute
610
Under the Minnesota statute 4593 Under the Missouri statute 4594 Under the New York statute
611
Under the Ontario Factories Act 4596 Under the Quebec Factories
612
Under the Wisconsin statute ARTICLE IV UNDER STATUTES REGULATING THE EMPLOYMENT OF CHILDREN SECTION 4599 Doctrine that...
613
Doctrine that violation of such statutes is not negligence per se 4601 Doctrine that violation of such statutes is evidence of negligence
614
SECTION
615
CHAPTER
621
CHAPTER CXXI
622
Reason of the rule relating to acceptance of the risk
627
Accepts risks of danger from defect in something for the condi
635
Contrary doctrine that the servant does not accept the risk
641
Risk of injury from failing to obey rules which have been aban
647
Contracts exonerating master from liability in consideration
654
Does not assume risk of unknown unseen latent or obscure dan
665
Rule where servant has same means of knowledge that master
668
Which generally presents a question for a jury
674
CONTINUING IN SERVICE AFTER ACQUIRING KNOWL
684
Definiteness and sufficiency of the notice
690
Complaining of defect and then continuing in service after prom
697
Effect of continuing in service with knowledge of defect or danger
703
RISK OF DANGERS OUTSIDE OF SCOPE OF EMPLOYMENT
704
Employés acting to accomplish their own purposes
711
Minor assumes the risks of injuries from the negligence of fellow
720
When employé does assume risk of holes pits
724
Risks assumed in the work of making a dangerous place safe
731
ACCEPTING RISKS OF INJURIES IN COUPLING AND
741
Where the brakemen or other trainmen proceed to couple or
747
Risk of injury from attempting to couple or uncouple cars which
753
Risk of injury from falling rock not assumed
758
Other risks assumed by railway yardmen switchmen
765
Trainmen in general not required to inspect the track
767
Risk of injury from unballasted tracks tracks not surfaced up holes in tracks between the rails
769
Risk of injuries from other defects in railwaytracks
771
RISK OF INJURY FROM OBJECTS Too NEAR THE TRACK ENGINE OR CARS SECTION 4747 Generally
772
Distinction between dangerous structures near railway tracks which are necessary or convenient and those which are unnec
774
Various risks of this nature deemed to have been assumed 4750 Decisions which exonerate the employé from the assumption of such risks
775
Risk of injury from overhead bridges when assumed
776
Risk of injury from overhead bridges when not assumed
779
Injury from overhead bridges while standing upon freightcars of unusual height
780
Effect of failure of the company to maintain whiplashes or telltales
781
Risk of lateral objects too near the track when assumed 4756 Risk of lateral objects too near the track when not assumed
785
Risk of injury from cars negligently left standing on sidetracks
787
Risk of injury from coming into contact with the walls and roofs of tunnels
788
Risk of injury from being brought into contact with mailcranes 4760 Risk of injury from overhead wires
789
Risk of injury from other overhead objects
790
Risk of injury from objects too near streetrailway tracks
791
ACCEPTING OR NOT ACCEPTING THE RISK OF OTHER INJURIES IN RAILWAY SERVICE SECTION 4765 Assumption of risk of defects in l...
792
Other risks assumed and not assumed by locomotive engineers
794
Risk of danger from engine or train being improperly manned
795
Risk of working with insufficient help
796
Risk of injury from switches being negligently left open
798
defective handcars
799
Risk of injury from defects in the construction and operation of elevated railways
800
Risks assumed in streetrailway operation 4774 Risks of injury from absent or defective airbrakes
801
Other dangerous defects on locomotives or cars
802
Risk of injury from collision with teams where highways and railways cross each other 4777 Risks assumed in electricalrailway operation
803
Risk of collision with other engines cars or trains
804
Risks assumed by engine and car inspectors repairers and cleaners 4780 Risks not assumed by engine and car inspectors repairers and cleaners
805
Railway trackrepairers assume risk of being struck by approach ing trains 4782 Risks of injuries from moving trains which are not assumed by trackr...
808
Further risks assumed by railway trackrepairers sectionmen
810
Risks not assumed by railway trackrepairers
812
Risk of injury from suffocation in passing through a tunnel 4786 Risk assumed by reason of failing to take the safer way 4787 Risks assumed or not ...
813
Risks assumed with respect to foreign cars
815
Risk of injury in handling defective or crippled cars 4790 Risk of injuries from the operation of snowplows þucking snow
816
Risk of injury from cattle getting upon the track 4792 Risk of injury through defects in railroadtracks outside of yard and switch limits
817
Circumstances under which such risks are assumed
819
Risks assumed in using uncompleted tracks tracks undergoing repairs
820
Risks assumed by railway and streetrailway conductors
821
Various other risks assumed by railway employés
823
Still other risks assumed by railway employés
824
CHAPTER CXX
826
Accepting risk of falling into elevatorshafts 4804 Risk of injuries from elevators in buildings when not assumed
829
Assumption of risk of injury from elevators in buildings in process of construction by independent contractors
832
THOMP NEG
833
CHAPTER CXXII
840
Risk of injury from unsafe or defective harness etc 4815 Risks assumed by electrical linemen
842
Risks not assumed by electrical linemen
845
Risk of injury from defects in scaffoldings and stagings 4818 Contributory negligence of employés injured in consequence of defects in scaffoldings
846
Risk of injury from defects in ladders 4820 Risk of injury from defects in derricks
848
Fall of a cornice put up without anchors 4822 Risks assumed in excavating risks of caving in rocks falling
849
Risks not assumed by employés in excavating
851
Particular circumstances under which the risk of caving in of excavation was not assumed
853
Risks assumed by sailors
855
Risks assumed by stevedores steamboat and dock laborers etc 4827 Risks assumed by quarrymen 4828 Risks assumed in blasting
857
Risk of working with insufficient help 4830 Risk of injury from the falling of a pile of lumber 4831 Risks assumed by carpenters and joiners
859
Risks assumed by servants in charge of steamboilers 4833 Risks assumed by employés working in icehouses 4834 Risk of injury from straining in lift...
860
A catalogue of risks which the servant assumes
861
Further risks which the servant assumes 4839 Various other risks assumed
863
Still other risks assumed
866
Various other risks not assumed
868
The Leading Theories and Doc
873
THE LEADING THEORIES AND DOCTRINES
875
Distinction between construction and operation
880
Further of the effect of negligence of fellow servant combined
887
VARIOUS MINOR DOCTRINES AND APPLICATIONS
893
QUESTIONS OF PROCEDURE CONNECTED WITH
897
CHAPTER CXXIV
903
Placing incompetent or unfit servants over others
909
Unfitness in consequence of disease such as epilepsy
915
Whether evidence of unfitness at the time of the employment
922
Evidence of unfitness as tending to show that the particular serv
928
SERVANTS APPOINTED TO PERFORM THE ABSOLUTE
932
Of this nature is the duty of inspection and repair
941
Various applications of the foregoing doctrine
947
Foreman of work and the workmen under him deemed fellow serv
954
Jurisdictions in which a superior servant is deemed a viceprinci
960
Servant authorized to employ and discharge other servants acts
966
Application of this doctrine in case of corporations
970
Carrepairer and foreman
975
Workman discharging the duties of superintendent in his absence
976
Servant injured by superintendent or other superior while per
982
CHAPTER CXXVI
988
Cases where there is no conassociation or common employment
994
Illustrations of what is common employment
999
Stranger invited by foreman or superintendent to assist in
1005
Relations of the parties in which the employer was held not liable
1011
Further illustrations of the preceding
1017
When one servant may become pro hac vice the servant of another
1020
Other cases presenting a divergent view
1026
Trainmen and Employés
1028
Doctrine that trainmen upon different railwaytrains are fellow
1033
Doctrine that railway trainmen on different trains are not fellow servants of each other
1034
Injuries which have been ascribed to the negligence of fellow serv ants in railway service
1035
TRAINMEN AND EMPLOYES NOT WORKING ON TRAINS SECTION 5020 Traindespatcher not a fellow servant with other employés
1038
When a traindespatcher is deemed a fellow servant of other rail way employés
1039
Whether a telegraphoperator is a fellow servant with trainmen
1040
Brakeman and housepainter 5024 Bridge foreman and engineer 5025 Bridgebuilder or bridgerepairer and trainmen
1042
Baggagemaster or baggageman and other railway servants 5027 Enginewiper and trainmen in charge of standing cars
1043
CONDUCTOR SECTION 5030 Conductor status of as viceprincipal
1044
Generally deemed a fellow servant of the other trainmen 5032 Conductor and engineer on the same trainNegligence of con
1046
Conductor and engineer of a constructiontrain and laborers on such train
1047
Conductor and carrepairer working in the same yard 5035 Conductor of train and trackrepairers
1048
Conductor and yardman 5037 Conductor and fireman on same train
1049
ENGINEER SECTION 5039 Engineer and brakeman on same train
1050
Jurisdictions in which engineer and brakeman on same train not deemed fellow servants 5041 Engineer and other trainmen on same train 5042 Engi...
1051
Engineer of constructiontrain and laborers employed thereon 5044 Engineer and fireman on same train 5045 Engineer of one train and brakeman o...
1052
Engineers of two different engines drawing the same train 5047 Engineer and enginewiper 5048 Engineer and member of fencegang
1053
Engineer and torpedoman 5054 Engineer acting in the place of conductor
1054
Engineer and cook 5056 Engineer and employé riding as passenger 5057 Engineer and sectionmaster
1055
Engineer and foreman of watersupply ARTICLE V SWITCHMEN YARDMEN ROUNDHOUSEMEN ETC SECTION 5062 Foreman of yard engines...
1056
Foreman of switchcrew and member of crew 5064 Foreman of roundhouse and brakeman
1057
Hostler at roundhouse and his helper 5066 Employé of outside foreman and employé of inside roundhouse foreman 5067 Switchman and trainmen
1058
Switchmen on different engines 5069 Members of different switchingcrews 5070 Foreman of one switchingcrew and members of another switching ...
1059
Yardmen and roundhouseman 5075 Yardclerk and switchingcrew 5076 Yardclerk and engineer of freighttrain
1060
Carpenter in switchyard and engineer 5078 Yard conductor and fireman 5079 Yardmaster and yardforeman 5080 Yardman and trainman 5081 Yard...
1061
Yardsuperintendent and foreman of yardengines 5083 Carinspector and yardmaster over him 5084 Enginerepairer and yardman assisting him 5085 ...
1062
INSPECTORS AND REPAIRERS OF CARS AND LOCOMO TIVES SECTION 5089 Carinspector not a fellow servant of trainmen yardmen etc 509...
1063
Inspector of locomotiveboilers and other employés 5095 Inspector of foreign cars and other employés 5096 Stationagent and carrepairer or inspecto...
1068
Streetrailway conductor and inspector of trolleycars ARTICLE VII SECTIONMASTER SECTIONFOREMAN SECTIONBoss SECTIONMEN SECTI...
1069
Contrary doctrine that sectionmaster sectionforeman or section boss is the viceprincipal of the company with respect to section
1070
Sectionmaster sectionforeman or sectionboss and trainmen
1072
Sectionhands trackrepairers or tracklaborers and trainmen
1075
Trackwalker and trainmen 5106 Trackrepairer fireman and coalloader 5107 Trackrepairer and switchman
1077
Wreckmaster and sectionhand or laborer 5109 Sectionhands and servants in charge of a constructiontrain
1078
Sectionforeman and waterboy 5111 Motorman and trackrepairer 5112 Foreman of trackrepairers in a steelmill and men working there ARTICLE VII...
1079
Sectionforeman on the one hand and stationagent traincon ductor and brakeman on the other 5117 Stationagent and sectionhand ARTICLE IX MAS...
1080
Division superintendent and other railway employés 5121 Roadmaster and engineers and trainmen of trains 5122 Roadmaster and sectionhand
1081
Roadmaster and member of wreckinggang
1082
Employés constructing and employés using a semaphore 5132 Expressman employed by expresscompany and servants of rail
1084
way company 5133 Expressmessenger and railwaytrain employés 5134 Fireman and brakeman 5135 Fireman and other trainmen 5136 Gripman of ...
1085
Porter of palacecar and trainmen of railway company 5140 Quarryman and trainmen 5141 Sandman and other trainmen 5142 Signalman on streetrai...
1086
Streetrailway conductor and motorman 5144 Telegraphoperator and trackrepairers 5145 Tracklaborer trainconductor and trackwalker 5146 Trainme...
1087
Watchman and conductor or engineer
1088
CHAPTER CXXIX
1089
Mineforemen or minebosses of various descriptions and miners or mineworkers
1090
Minesuperintendent and miner or mineworker
1092
Heads of different departments in coal mine 5155 Mine employés whose duty it is to keep the mine safe 5156 Gastester in mine and miner
1093
Mineengineer and fireboss 5158 Fireboss and miners or mineworkers 5159 Timberboss and miner 5160 Coal miner and men employed to remove th...
1094
Miner and roadman in mine
1095
Engineer and enginerepairer 5168 Other mining employés to whom the relation of fellow servants has been ascribed 5169 Additional illustrations of ...
1096
Engineer of quarry and quarryman 5171 Servants engaged in blasting 5172 Whether foreman of a quarry failing to give notice that a blast is about t...
1097
CHAPTER CXXX
1099
Circumstances in which they are not fellow servants
1100
Officers of a ship and its crew 5179 Master of vessel and member of crew
1101
5180 Master of vessel and engineer or fireman 5181 Master of vessel and mate
1102
Mate of vessel and members of the crew 5183 Engineer of boat and machineoiler 5184 Engineer of vessel and coaltrimmer
1103
Winchman employed by shipowner and stevedore or stevedores employés 5186 Superintendent of loading and men in the hold 5187 Employé of ste...
1104
Dock superintendent and stevedore 5189 Stevedore and stevedore 5190 Stevedore and boatswain 5191 Foreman of stevedore and longshoreman
1105
Employé of a boss scooper and member of the crew 5193 Grainshoveller and captain of steamtug 5194 Carpenter and boilermaker on the same ship ...
1106
Drydock foreman and drydock laborer 5197 Captain of a State boat and a laborer 5198 Engineer repairing machinery on a coaldock and laborer rep...
1107
CHAPTER CXXXI
1108
head carpenter and a millhand
1109
Carpenter and elevatorboy 5205 Carpenter and riveter engaged in shipbuilding 5206 Carpenter and rubbishcleaner 5207 Carpenters replacing planks...
1110
Coalpasser and chief engineer 5211 Coalyard foreman and employés in 5212 Contractor and subcontractor employés of 5213 Contractor with a doc...
1111
Convicts and persons voluntarily laboring with them 5215 Day shift and night shift members of 5216 Dayworkman and nightwatchman 5217 Electri...
1112
Elevator engineer operating and farm laborer 5219 Elevatoroperator and other servants of the same master
1113
Elevatoroperator and chambermaid 5221 Elevatoroperator and electrician and engineer employed in a hotel 5222 Elevator superintendent of constru...
1114
Engineer in manufacturing establishment and a superior 5227 Engineer in printingestablishment and printer and engraver 5228 Engineer in a shop a...
1116
Excavators and bricklayer engaged on a sewer 5232 Excavators and pipelayers 5233 Excavator and sheathers 5234 Fireman in charge of boiler and ...
1117
Gaspipe fitter and gas company employés of 5237 Hodcarrier and truckdriver 5238 Hoistingmachine engineer operating and common laborer 5239 ...
1118
Laundress and driver of her masters wagon conveying her to her work 5241 Lumber camp foreman of and men operating a logtrain 5242 Lumberpi...
1119
Mason and carpenter 5246 Masons and ditchdiggers 5247 Mason and hodcarrier 5248 Mason and his tender 5249 Men of all grades working togeth...
1120
THOMP NEG
1121
Painters and other workmen on the same structure 5253 Plumbers and scrubwoman 5254 Porter and another porter operating an elevator in the same...
1122
Repairers of the same machine
1123
Scaffolding or staging builders of and general workmen
1124
Servant hired out and servant of the hirer
1125
Street commissioner and street laborers 5260 Substitute of a servant and another servant 5261 Telegraphlineman and other workmen 5262 Telegraph...
1126
Tunnelboss and workman in a tunnel 5266 Tunnel workman in and engineer on surface operating elevator 5267 Watchman of show and show boss ...
1127
Further illustrations of the fellowservant doctrine 5270 Further illustrations of the fellowservant doctrine 90
1129
CHAPTER CXXXII
1134
Act or omission in obedience to rules and regulations of the master
1136
Negligence of person to whose orders the injured servant was bound to and did conform
1137
Negligence of persons engaged in superintendence 5282 Who are engaged in superintendence within the meaning of these statutes 5283 Who not en...
1140
Employé may be exercising superintendence although perform ing common labor
1145
Negligence of person having charge or control of any car train locomotive etc on a railway
1146
Negligence of person having charge or control of any signal points switch
1148
Negligence of person having charge or control of any switchyard 5288 Defects in ways works machinery or plant
1149
Liability for injuries resulting from the wanton willful or inten tional misconduct of an employé 5290 Under the Arkansas Code
1150
Under the California Civil Code
1151
Under the Florida Code
1153
Under the Georgia Code
1154
Under the Iowa Code
1155
Further decisions under the Iowa Code
1159
Under the Kansas Code
1160
Under the Kentucky Constitution 5298 Under the Mexican law 5299 Under the Minnesota statute
1162
Under the Mississippi Constitution and Code
1164
Under the Missouri statute
1165
Under the Montana Civil Code 5303 Under the North Carolina statute
1166
Under the Ohio statute 5305 Under the Pennsylvania statute making employés of third persons engaged about the premises of a railroad company fel...
1167
Under the South Carolina Constitution and Civil Code 5307 Under the Texas statute
1170
Under the Utah statute 5309 Under the Wisconsin statute
1173
Extraterritorial effect of such statutes
1175
Constitutionality of statutes applying only to railroad companies 5312 Whether statutes imposing a special liability on railway companies apply to str...
1176
Whether such statutes apply to the cases of railroads in the hands of receivers 5315 Contracts waiving benefit of such statutes
1177
Contributory negligence as a defense under these statutes 5317 Statutes giving a right of action for injury or death of any per
1178
son 5318 Under the English CoalMines Regulation Act 1872
1179
Locomotiveengine car or train what
1201
When servant does not accept risk of unknown dangers
1217
Mailcranes 4294 Oilbox 4295 Overhead wires
1226
projecting ledge of rock 4297 Roofs projecting roofs of stationhouses 4298 Signalposts 4299 Stationlimit board
1227
Failure of employer to restrain volunteers and intermeddlers 3756 Injuries to mere volunteers and intermeddlers 3757 When master not chargeable w...
1240
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Página 373 - ... to the widow of the person so killed, his lineal heirs or adopted children, or to any other person or persons, who were before such loss of life dependent for support on the person or persons so killed...
Página 725 - First Moloch, horrid king besmeared with blood Of human sacrifice, and parents' tears, Though for the noise of drums and timbrels loud Their children's cries unheard, that passed through fire To his grim idol.
Página 641 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Página 605 - ... on, or in, or about a railway, factory, mine, quarry, or engineering work, and to employment by the undertakers as hereinafter defined on, in, or about any building which exceeds thirty feet in height, and is either being constructed or repaired by means of a scaffolding, or being demolished, or on which machinery driven by steam, water, or other mechanical power, is being used for the purpose of the construction, repair, or demolition thereof.
Página 373 - For any injury to person or property, occasioned by any willful violations of this act or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby...
Página 599 - No action for recovery of compensation for injury or death under this act shall be maintained unless notice of the time, place and cause of the injury is given to the employer within one hundred and twenty days and the action is commenced within one year after the occurrence of the accident causing the injury or death.
Página 373 - It shall be the duty of the General Assembly to pass such laws as may be necessary for the protection of operative miners, by providing for ventilation, when the same may be required, and the construction of escapement shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper.
Página 531 - ... in such a manner and for such a length of time, as it thinks proper; and thereupon it may direct an adjournment of the hearing to such a time as it thinks proper.
Página 606 - Every hoist or teagle near to which any person is liable to pass, or to be employed, and every flywheel directly connected with the steam or water, or other mechanical power, whether in the engine-house or not, and every part of a steam-engine and water-wheel, shall be securely fenced ; and
Página 126 - Where an injury is occasioned to any one by the negligence of another, if the person injured seeks to charge with its consequences any person other than him who actually caused the damage, it lies on the person injured to show that the circumstances were such as to make some other person responsible.

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