DWELLING HOUSES-Continued.

injunction to restrain destruction of barn, dwelling house one hun-
dred and twenty-five feet away, 61.

exemption of, from condemnation by railroad companies, 62.

widening road, 62.

railroad company in widening road may condemn land on which
dwelling house is erected, 62.

when under Act of March 17, 1869, railroad may condemn house
occupied by owners, 62.

under Act of March 17, 1869, railroad can widen its line whenever
thought necessary by board of directors, 64.

right of company where sidings are placed together and styled yard,
64.

when railroad will be restrained from taking part of curtilage of, 64.
rights of widow, 65.

EARNINGS,

E

profits derived from investment or management of a business enter-
prise are not, 143.

EARNING POWER,

as element of damages, 143.

EASEMENT. See CONDEMNATION PROCEEDINGS; EMINENT DOMAIN.

EJECTION OF PASSENGERS. See CARRIER of Passengers.

of passenger where he presented mileage ticket without necessary
exchange ticket, 105.

wrongful ejection of passengers, 108, 113.

improper ejection of passenger from train, 265.

EJECTMENT,

action of, by land owner, 48.

when purchasers at sheriff's sale cannot recover by, 80.

action of, to recover land wrongfully occupied by railroad, 83.
person having recovered for appropriation of part of his land by rail-
road cannot recover by ejectment the land so appropriated, 83.
laying of tracks on turnpike without abutting property owners' con-
sent, such owner not entitled to, 455.

ELECTIONS,

of stockholders for or against increase of stock, 491.
how election shall be conducted, 491.

election of directors, 493.

ELECTION RETURNS,

form of, 569.

ELECTRIC RAILWAY. See STREET RAILWAY.

duty of company in operating, 275.

ELECTRIC RAILWAY-Continued.

are within the purview of the Act of June 19, 1871, 449.
have not exclusive use of their tracks, 275.

ELEVATED RAILROAD,

no statute in Pennsylvania authorizing construction of, 487.
company incorporated under Act of April 4, 1868, Act of June 7,
1901, relating to, is constitutional, 487.

company incorporated under Act of June 7, 1901, but prior to passage
of Act of June 20, 1901, 487.

construction of railway under Act of June 7, 1901, on public highway
for distance of one mile, 488.

providing for the incorporation of, 542-549.

amending act providing for incorporation of, 550.

amending act for the incorporation and government of, 550-551.

EMBANKMENTS,

covenant in deed relative to, 49.

where map was not exact representation of height of an, 59.

EMINENT DOMAIN. See CONDEMNATION PROCEEDINGS; Damages For
LAND; LOCATION.

definition of, 16.

how exercised, 16.

exercise of, must be by resolution adopted by president and board of
directors, 16.

land can only be taken for public use, 16.

railroad company not deprived of right of eminent domain by failure

to perform public duties, 18.

right of railroad company to condemn land for second track, 18.

railroad company has right to condemn land for water station, 19.
nature of estate acquired, 20.

taking for water, 19.

turnpike companies, 19.

telephone companies, 19.

necessity for taking, 18.

crossing of railroad by overhead bridge, 20.

location of railroads, 21, 46.

land taken, under right of, 27.

jury not allowed to award speculative damages, 36.

location of railroad under right of, must be corporate act, 46.

lowering roadway seventeen inches, 49.

street railways not endowed with right of, 455.

railroad companies incorporated under Act of 1868 but operating
their roads with electric power have not right of, 458.

condemnation of land belonging to bridge company, 85.

injunction to restrain railroad company from taking property of gas
company, 84.

EMINENT DOMAIN-Continued.

remedies for unlawful entry on land, 82.
taking of land for lateral railroad, 417.
general principles, 16-21.

right to take water from stream, 79.

approval of bonds of railroad and canal companies, 489.

EMPLOYEES. See IMPLEMENTS; Master AND SERVANT; NEGLIGENCE

injuries to, 363.

injuries to blacksmith's helper, 363.

injuries to conductor on summer car, 363.

suitable tools and appliances for, 364.

risk of employment by, 364.

contributory negligence of, 365.

fellow servants, 366.

conductors, 367.

agreement to employ disabled employee at $1.50 per day the rest of
his life, 157.

EMPLOYER AND EMPLOYEE. See MASTER AND SERVANT.

EMPLOYMENT,

of incompetent servants, 240.

ENFORCEMENT,

of constitutional provisions, 518.

ENGINE. See LOCOMOTIVE.

shifting cars on to siding but shunting them in detached from, 212.

ENGINEER,

authority to make changes in route, 47.

failure of, to ring bell or sound whistle at crossing, 173.

risks assumed by, 232.

liability of railroad for injuries caused by head of engineer striking
side of bridge, 233.

duty of company to instruct engineer of dangers of new locomotives,
233.

death of, by derailment of engine, 234.

injury to, caused by boiling water and steam, 234.

killing of, by collision, 231.

fellow servant of tracklayer, 242.

fellow servant of fireman, 243.

fellow servant of brakeman, 243.

fellow servant of track repairer, 243.

not fellow servant of carpenter employed on bridge, 243.

ENTRY,

unlawful entry on land, 82.

remedies for unlawful entry, 82.

EQUITY. See INJUNCTION.

standing of land owner to enjoin railroad companies in condemna-
tion proceedings, 23.

jurisdiction of, to have fund apportioned to liens, 25.

has jurisdiction to prevent destruction of wagon road leading to
wharf, 73.

when not justified in refusing decree of specific performance, 78.

right to compel manufacturing company to remove railroad in street
on which plaintiff's property abuts, 82.

will not restrain railroad from entering on lands where there is dis-
pute as to title, 82.

under Act of June 19, 1871, to regulate crossing of one railroad by
another, 90.

injunction against street railway to prevent construction of street
railway across branch of railroad, 101.

agreement by corporation to give all its traffic to railroad in consid-
eration of latter subscribing to its bonds may be enforced by court
of, 377.

when lease will not be declared void on ground of ultra vires by court
of, 383.

has jurisdiction of foreclosure of railroad mortgages, 395.

county commissioners are proper authorities to maintain bill in equity
for injunction to restrain illegal occupation of county bridge, 446.
regulation of crossings, 87.

practice under Act of June 19, 1871, 93.

crossings of street railways, 94.

ESTATE,

nature of estate acquired, under power of eminent domain, 20.

ESTOPPEL,

of municipality as to street railways, 444.

of street railway from denying validity of contract made by its offi-
cers, 372.

EVIDENCE. See DECLARATIONS; PRESUMPTION.

in actions for injuries to employees, 249.

declarations of foreman made half hour after accident inadmissible,
249.

declarations of track foreman in actions for personal injuries, 266.
evidence that after passenger was injured by falling into culvert, it
was repaired, is inadmissible, 266.

declarations of motorman as part of res gestae, 316.

declarations of lineman as part of res gestae, 316.

in actions for injuries to infants, 362.

burden of proof of negligence in actions against carriers of goods, 124.
of employment of night watchman at crossing after accident, 141.
submission of case to jury in accident cases, 136.

EVIDENCE-Continued.

of negligence and contributory negligence at grade crossings, 167.

when statement signed by husband before death admissible, 166.

Carlisle tables, 152.

as to loss of earning power from personal injuries, 143.

examination of injured person by inspection, 152.

of negligence in emitting sparks from engine, 269.

presumption of negligence where passenger is injured, 251.

of incompetence of fellow servant, 241.

mere fact of accident raises no presumption of negligence in cases of

employees, 231.

what weight is to be given testimony as to signals, 204.

as to rate of speed limited by ordinance, 203.

in actions for injuries at grade crossings, 213.

EXCEPTIONS,

to bond, 22.

where title is in dispute in condemnation proceedings, 24.
to report of viewers, 504.

EXCESSIVE SPEED,

proof of, at crossings, 202.

EXCESSIVE VERDICT,

verdict for $18,000 for loss of right arm, 148.

verdict for $10,000, when court will not set aside, 148.

EXCHANGE TICKET,

issuing of, not required by law, 112.

are gratuities on part of street railway companies, 112.

EXCURSION TICKETS,

condition of, when not unreasonable, 107.

EXECUTION. See ATTACHMENT EXECUTION.
in actions against railroad companies, 393.

EXECUTORS,

death of injured party before trial, executors may prosecute suit, 161.
voting of shares of stock by, 523.

EXEMPLARY DAMAGES,

should be assessed according to acts of the least guilty, 139.

EXEMPTION,

from taxation, 409.

EXPENSE,

relative to crossings over railroads, 88.