EXPERT,

when witness not competent to testify as, in condemnation proceed-

ings, 45.

cross-examination of, 45.

EXPLOSION,

on moving train, 272.

EXPRESS COMPANIES,

when recovery not allowed for loss of diamond ring by, 115.

bound to use reasonable diligence in care of property intrusted to it,

117.

delivery by, 117.

unlawful shipping of game out of state by, prohibited, 509.

EXPULSION OF PASSENGERS. See CARRiers of PassengERS.

EXTENSION,

consent of property owner to extension of street railway, 449.
of street railway company, 471.

acts necessary to establish extension, 471.

of railway, 471.

filing of an exemplification of record of adoption of, 471.
conflict between two companies relative to an, 471.

construction of extension before constructing main line, 473.
where a crossing over another street railway is not an, 473.

EXTRA FARE. See CARRIERS OF PASSENGERS; TICKETS.

F

FAIRMOUNT PARK,

consent of city councils of Philadelphia not required for construction
of passenger railway in, 434.

FALSE IMPRISONMENT,

when railroad company cannot be held liable for, 222.

FARES. See CARRIERS OF PASSENGERS; TICKETS.

on street railways, 104.

regulations as to, 105-113.

FARM,

right of way over farm underlaid with coal, 74-

FARM CROSSINGS,

duty of railroad companies to provide, 72.

agreement with land owner as to, 72.

damages for failure to construct causeway, 73.

when railroad enjoined from filling up of causeway, 73.

FARM CROSSINGS-Continued.

destruction of wagon road leading to wharf, 73.

remedy of land owner to compel railroad company to put down, 72.
future uses, 73.

FELLOW-SERVANTS,

when employee of road is passenger and not within the rule as to,

102.

general rule, 241.

who are fellow-servants, 242, 366.

car inspector and conductor, 242.
track-layer and flagman, 242.

track-layer and engineer, 242.

employee of telegraph company and employee of railroad com-

pany, 242.

engineer and fireman, 243.

engineer and brakeman, 243.

telegraph operator and track-walker, 243.

employee of coal company and trainman, 243.

track-repairer and foreman, engineer, conductor or switchman,

243.

inspector of air-brakes and brakeman, 243.

employee employed to sand tracks and conductor, 366.

who are not fellow-servants, 243, 366.

boiler inspector and locomotive engineer, 243.

train dispatcher and employees of railroad, 243.

carpenter and engineer, 243.

motorman and employee of contractors, 366.

cases under the Act of April 4, 1868, 244.

postal clerk, 244.

workman engaged in loading iron plates, 244.

employee of iron company, 244.

employee of coal dealer, 245, 246.

employee of owners of quarry, 245.

cases not under the Act of April 4, 1868, 246.
engineer killed on tracks of another road, 246.
employee of iron company, 247, 248.

employee of another company, 247.

conductor of another company, 248.
evidence, 249.

FELONY. See CRIMINAL LAW.

FENCES,

construction of, by railroad across highway, 71.
covenant by railroad to keep right of way fenced, 76.
agreement to fence, 76.

FIRE FROM SPARKS,

burden of proof upon plaintiff to prove negligence on part of com-
pany, 269.

negligent accumulation of combustible rubbish, 269.

action to recover damages for burning of woodland, 270.

weeds and grass on right of way, 270.

mere fact that fire originated on right of way, insufficient to convict
company of negligence, 270.

if engine is equipped with approved spark arrester and no proof of
negligence is shown, company cannot be held liable, 270.

where sparks of unusual size are emitted, 270.

fire communicated by particular engine, 270, 271.

when absence of spark arrester prima facie evidence of negligence,
271.

numerous fires by sparks on particular day, 271.

damage from escaping oil or exploding powder, 271.

FIREMAN. See MASTER AND SERVANT.

risks assumed by, 237.

injury by collision, 237.

fellow-servant of engineer, 243.

FLAGMAN. See WATCHMAN.

injury to conductor due to incompetency of, 241.
fellow-servant of track-layer, 242.

FLOOD,

FOG,

question whether railroad has constructed culvert so as to carry away
water in ordinary flood is for jury, 267.

land injured by flood caused by breaking of culvert, 267.

railroad only bound to provide for ordinary floods, 267, 268.

obstruction of view at crossing by, 181.

FOOTWAY,

duty of railroad to maintain safe, 229.

FORECLOSURE OF MORTGAGE,

equity has jurisdiction of, of railroad company, 395.

FOREIGN CORPORATIONS,

status of, 14.

registration of, 14.

registration after work completed, and before suit confers no right of
action, 14.

law of estoppel not applicable to contracts of foreign corporations
doing business contrary to Act of April 22, 1874, 14.

full performance of contract by, 14.

FOREIGN CORPORATIONS-Continued.

doing business contrary to Act of April 22, 1874, 14.

Act of April 22, 1874, brings foreign corporations within reach of
legal process, 14.

must be registered before contract is made, 14.

doing business by, 15.

rights and powers are those of stockholder only, 15.

purchase of stock not forbidden, 15.

executory agreement by, "not doing business," 15.

contract between, 15.

holding stock of domestic corporation, 15.

may acquire majority of stock of domestic corporation, 15.

under Act of April 25, 1850, need give bail for costs only in appeal

from board of arbitrators, 42.

service of process upon, 389.

payment to county of bonus received by state from, 510.

FOREIGN SURETY COMPANY,

not accepted as surety on land-damage bond, 22.

FOREMAN,

fellow-servant of track-repairer, 243.

declarations of, 249.

FORESTRY RESERVATION COMMISSION,
granting of privileges to railway companies, 552.

FORFEITURE,

of stock, 5.

of charter, 18, 400.

failure to complete line within the five years limitary period, 308
neglect to exercise franchise for long period of time, 399

collateral attack on charter, 399.

non-exercise of franchise, 399.

for laches, 399.

failure of street railway company to complete construction of line
within two years works a forfeiture, 400.

release to municipality by turnpike in that portion of turnpike occupy-
ing bed of street, 400, 401.

FORMA PAUPERIS,

appeal from award of arbitrators in, 25.

FORMS,

of election return, 569.

of street railway company mortgage, 571.

FORWARDERS,

duties of railroad companies as, 126.

FRANCHISE,

lease of, 378.

where turnpike company authorized to purchase franchises of pas-
senger railway, 398.

FRAUD,

in execution of release of damages, 154, 155.

FREE PASSES. See PASSES.

given in New Jersey for transportation from a point in Pennsylvania
to a point in New York, 110.

granting of, to councilmen, 436.

FREIGHT. See CARRIERS OF GOODS; CARRIERS OF LIVE STOCK; DISCRIM-
INATION; RATES.

duty of common carrier in forwarding, 118.

agreement as to, 377.

FREIGHT AGENT,

has no authority to bind railroad by contract for transportation be-
yond terminus of road, 105.

FREIGHT CAR,

railroad company bound to place on, such handles, etc., as are in
ordinary use, 225.

FRESHET. See FLOOD.

FRIGHT,

of horses by operation of road, 214.

of horse by blowing of whistle, 214, 306.

of horse by escape of steam from heating apparatus near crossing,

214.

horse frightened by sounding whistle in extraordinary manner, 215.
of horse by escape of steam from dummy engine, 215.

horse frightened by cars left standing on crossing, 216.

of horse, by blowing whistle under bridge, 216.

of horse by street cars, 303.

of horse by sweeper, 305.

of horse at elevated appliances used in repairing trolley wires, 308.
horse frightened by sudden noise of excursionists on car, 308.

FROGS,

construction of, in decree regulating crossings, 91.

FUTURE NEEDS,

right of railroad to make provision for future uses of road, 50.