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473, holding mere failure to stop does not justify passenger in leaping from moving train.
Cited in notes (11 L. R. A. 367) on duty of carrier to assist in landing passenger safely; (11 L. R. A. 396) on passenger alighting from moving train; (13 L. R. A. 95) on duty of railway conductors in stopping and starting trains; (21 L. R. A. 360) on injuries in getting on and off railroad trains.
Distinguished in Brashear v. Houston, C. A. & N. R. Co. 47 La. Ann. 738, 28 L. R. A. 812, 49 Am. St. Rep. 382, 17 So. 260, upholding recovery where plaintiff not thrown from train by sudden jerk; Ober v. Crescent City R. Co. 44 La. Ann. 1063, 32 Am. St. Rep. 366, 11 So. 813, holding it not negligence per se to alight from moving horse car. Duty of carrier to furnish safe stations and platforms.
Cited in footnotes to Delaware, L. & W. R. Co. v. Trautwein, 7 L. R. A. 435, which holds carrier required to keep passageway at station though other passageway provided; Redigan v. Boston & M. R. Co. 14 L. R. A. 276, which denies recovery to licensee falling through open trap door in station platform; Herrman v. Great Northern R. Co. 57 L. R. A. 390, which helds railroad company liable for injury to passenger from unsafe condition of depot premises leased of union depot company or its receiver.
Cited in notes (11 L. R. A. 720) on carrier's duty of care for safety of passenger; (16 L. R. A. 449) on regulations as to admission of passenger to train house; (16 L. R. A. 593) on duty of carrier to maintain safe approach beyond its own premises; (20 L. R. A. 527) as to whom railroads owed duty of keeping station platforms safe.
7 L. R. A. 118, ODOM v. RIDDICK, 104 N. C. 515, 17 Am. St. Rep. 686, 10 S. E.
609. Contracts with insane persons.
Cited in French Lumbering Co. v. Theriault, 107 Wis. 642, 51 L. R. A. 916, 81 Am. St. Rep. 856, 83 N. W. 927, holding deed of insane person not under guardianship voidable only; Chamblee v. Broughton, 120 N. C. 176, 27 S. E. 11l, holding bona fide foreclosure purchaser without notice protected against mortgagor's insanity; Creekmore v. Baxter, 121 N. C. 33, 27 S. E. 994, holding equity will set aside contracts made with lunatics, with knowledge of lunacy ; Allred v. Smith, 135 N. C. 445, 65 L. R. A. 926, 47 S. E. 597, holding deed by one non compos at time of execution to be voidable only.
Cited in notes (19 L. R. A. 492) on validity of deed made by insane person; (36 L. R. A. 721, 723, 727) on presumption and burden of proof as to sanity. Bova fide purchaser.
Cited in Cox v. Wall, 132 N. C. 737, 44 S. E. 635, holding burden to be upon purchaser from fraudulent grantee to show valuable consideration and want of notice.
7 L. R. A. 120, KELLY v. BENNETT, 132 Pa. 218, 19 Am. St. Rep. 594, 19
Atl. 69. Dangerous premises.
Cited in notes (7 L. R. A. 621) on dangerous premises; (26 L. R. A. 691) on liability for dangerous condition of private grounds lying open beside highway or frequented path.
Proximate and remote cause of injury.
Cited in note (7 L. R. A. 133) on remote cause of injury.
7 L. R. A. 121, STATE ex rel. ST. PAUL, M. & M. R. CO. v. DISTRICT COURT,
42 Minn. 247, 44 N. W. 7. Damages for laying out highway over railroad track.
Followed in State ex rel. Chicago, M. & St. P. R. Co. v. Shardlow, 43 Minn. 526, 46 N. W. 74, holding railroad company not entitled to recover for maintenance of sign-boards and cattle-guards, in assessing damages for laying out highway over track.
Cited in Albia v. Chicago, B. & Q. R. Co. 102 Iowa, 630, 71 N. W. 541, holding, in absence of statute, railroad cannot be compelled to construct crossings over right of way to connect new streets; Cleveland v. Augusta, 102 Ga. 237, 43 L. R. A. 639, 29 S. E. 584, holding railroad company must bear expense of crossing alterations to conform to new street grade; Morris & E. R. Co. v. Orange, 63 N. J. L. 270, 43 Atl. 730, holding railroad not entitled to compensation for maintenance of gates, sign-boards, cattle-guards, and flagman; Chicago, M. & St. P. R. Co. v. Milwaukee, 97 Wis. 428, 72 N. W. 1118, holding duty of erecting and maintaining cattle-guards, warning posts and crossing signs imposed by police regulations must be performed without compensation. As to duties not imposed by police regulations.
Followed in State ex rel. Chicago, M. & St. P. R. Co. v. Shardlow, 43 Minn. 526, 46 N. W. 74, holding railroad entitled to compensation for planking and its maintenance. Laying highway across tracks.
Cited in footnotes to Illinois C. R. Co. v. Chicago, 17 L. R. A. 530, which holds city council's discretion to extend street over railroad tracks at grade or on bridge or viaduct not controllable by courts; Chicago, M. & St. P. R. Co. v. Starkweather, 31 L. R. A. 183, which sustains right to open street across depot grounds; Terre Haute v. Evansville & T. H. R. Co. 37 L. R. A. 189, which authorizes laying out streets across freight yard and tracks.
7 L. R. A. 125, EARL v. WILSON, 42 Minn. 361, 18 Am. St. Rep. 517, 44 N.
Cited in footnote to Hilton v. Roylance, 58 L. R. A. 723, which sustains sealing for time and eternity under Mormon marriage ceremony.
Indian marriage. Cited in McBean v. McBean, 37 Or. 202, 61 Pac. 418, to point that marriage between Indians according to tribal custom is valid in state and Federal courts.
Cited in notes (11 L. R. A. 542) on jurisdiction over Indian country; (57 L. R. A. 160) on conflict of laws as to validity of Indian marriage.
7 L. R. A. 127, HANSON v. GRAHAM, 82 Cal. 631, 23 Pac. 56. Residence.
Cited in San Diego Sav. Bank v. Goodsell, 137 Cal. 427, 70 Pac. 299, holding affidavit for publication of summons giving defendant's “address” outside state, is compliance with statute providing such service, when person “resides” outside the state; Witbeck v. Marshall-Wells Hardware Co. 88 Ill. App. 108, holding person giving up residence, living in hotels in another state, to avoid process, and without definite intention of returning, is nonresident within attachment law; Robinson v. Morrison, 2 App. D. C. 128, holding fact of residence cannot be controlled by intention; Egener v. Juch, 101 Cal. 106, 35 Pac. 432 (distinguished in dissenting opinion), refusing to reverse order dissolving attachment against defendants as nonresidents upon conflicting affidavits as to residence.
Cited in notes (19 L. R. A. 665 ) on what is nonresidence for purpose of attachment; (10 L. R. A. 504) on who are nonresidents.
Distinguished in Re Donovan, 104 Cal. 625, 38 Pac. 456, holding three days' presence in state by one looking after settlement of brother's estate and declaration of intention to remain, insufficient to establish bona fide residence.
7 L. R. A. 128, BAIRD v. SHIPMAN, 132 Ill. 16, 22 Am. St. Rep. 504, 23 N.
Approved in Mayer v. Thompson-Hutchison Bldg. Co. 104 Ala. 622, 28 L. R. A. 436, 53 Am. St. Rep. 88, 16 So. 620, holding agent of contractor jointly liable with him for injury to third person resulting from negligent construction of wall; Lough v. John Davis & Co. 30 Wash. 213, 59 L. R. A. 805, 94 Am. St. Rep. 848, 70 Pac. 491, holding agent having charge of building liable for injuries to tenants caused by his failure to make repairs.
Cited in Chicago Consol. Bottling Co. v. Mitton, 41 Ill. App. 156, holding one in control of premises responsible for known defects or for those of which he might have known by exercising reasonable care; Gibson v. Leonard, 37 Ill. App. 348, to point that agent having control of premises responsible for their condition when leased; Stiewel v. Borman, 63 Ark. 37, 37 S. W. 404, holding agent operating mine not liable to one to whom he owes no duty, injured by explosion of gas; Cameron v. Kenyon-Connell Commercial Co. 22 Mont. 320, 44 L. R. A. 511, 74 Am. St. Rep. 602, 56 Pac. 508, holding director who knows nothing of nuisance maintained by corporation and could not have known by ordinary diligence, not responsible; Donk Bros. Coal & Coke Co. v. Leavitt, 109 Ill. App. 390, holding landlord liable for drowning of child under three years of age, by falling into unguarded cistern.
Cited in note (28 L. R. A. 438) as to liability of agent to third person for negligence.
Distinguished in Kuhnert v. Angell, 10 N. D. 61, 88 Am. St. Rep. 675, 84 N. W. 579, holding agent for owner of unoccupied land not liable to a trespasser for its unsafe condition where his authority was limited to leasing and collecting rent.
7 L. R. A. 130, READ v. NICHOLS, 118 N. Y. 224, 28 N. Y. S. R. 867, 23 N.
Cited in Hoffman v. King, 160 N. Y. 625, 46 L. R. A. 675, 73 Am. St. Rep. 715, 55 N. E. 401, holding negligence in starting fire not proximate cause of de. struction of property to which it spreads across intervening lands; Beetz v. Brooklyn, 10 App. Div. 384, 41 N. Y. Supp. 1009, holding placing lime in street for building purposes not proximate cause of injury to boy who put some lime in contact with water; Chicago, St. P. M. & 0. R. Co. v. Elliott, 20 L. R. A. 587, 5 C. C. A. 352, 12 U. S. App. 381, 55 Fed. 954, holding conductor's statement to stockman that caboose would not be changed and he would not have time to look at sheep not proximate cause of injury where stockman while walking on top of cars fell when the caboose was changed; Cole v. German Sav. & L. Soc. 63 L. R. A. 424, 59 C. C. A. 602, 124 Fed. 122, holding opening of elevator well door in hallway by stranger proximate cause of injury to one who stepped into shaft.
Cited in footnotes to Kelly v. Bennett, 7 L. R. A. 120, which holds sharp point on iron railing around area not proximate cause of injury to person slipping on walk; McClain v. Garden Grove, 12 L. R. A. 482, which holds narrowness of bridge and insufficiency of railings not proximate cause of injury from horse falling from disease or choking; Schumaker v. St. Paul & D. R. Co. 12 L. R. A. 257, which holds master's neglect to furnish transportation proximate cause of injury in walking to find shelter ; Vallo v. United States Exp. Co. 14 L. R. A. 743, which holds throwing trunk from delivery wagon in highway proximate cause of traveler falling over another trunk; Southwestern Teleg. & Teleph. Co. v. Robinson, 16 L. R. A. 545, which holds telephone company liable for injury by electricity generated by thunder storm in low-hanging telephone wire; Herr v. Lebanon, 16 L. R. A. 106, which holds want of barrier not proximate cause of omnibus going over wall, while horse was attempting to rise; McKenna v. Baessler, 17 L. R. A. 310, which holds original fire cause of destruction of property by back fire; Chicago, St. P. M. & 0. R. Co. v. Elliott, 20 L. R. A. 582, as to proximate cause of injury to shipper while stepping from stock car to caboose; Western R. Co. v. Mutch, 21 L. R. A. 316, which holds excessive speed not proximate cause of death of boy attempting to catch on train; Hoffman v. King, 46 L. R. A. 672, which denies liability of one negligently starting fire for damage to lands of remote proprietors to which fire spreads; Kansas City, Ft. S. & M. R. Co. v. Blaker, 64 L. R. A. 81, which holds railroad company liable for loss due to spread of flames from buildings on its right of way negligently set on fire by it.
Cited in notes (13 L. R. A. 733) on proximate and remote cause of damage; ( 12 L. R. A. 283) on proximate cause of injury fixing the liability; (13 L. R. A. 193) on responsibility for proximate or direct consequences of negligence; (12 L. R. A. 280) on contributory negligence must be proximate cause of injury; (8 L. R. A. 85) as to effect of intervening cause upon liability for negligence; (17 L. R. A. 38) on effect of concurring negligence of third person on liability of one sued for negligently causing injury.
Distinguished in Martin v. New York, O. & W. R. Co. 62 Hun, 185, 16 N. Y. Supp. 499, holding sparks from engine which set fire along track proximate cause of burning of woodland a mile distant to which wind and intervening conditions carried fire. Question for jury.
Cited in Stone v. Boston & A. R. Co. 171 Mass. 543, 41 L. R. A. 797, 51 N. E. 1, holding case need not be submitted to jury if damages are too remote. Sufficiency of exception.
Cited in Huerzeler v. Central Cross Town R. Co. 139 N. Y. 493, 34 N. E. 1101, Affirming 1 Misc. 138, 48 N. Y. S. R. 651, 20 N. Y. Supp. 676, holding general exception to the granting and refusal of requests to charge insufficient; Purcell v. Lauer, 14 App. Div. 53, 43 N. Y. Supp. 988 (dissenting opinion), majority holding question for jury where death resulted over a year after fall on sidewalk; Southern P. R. Co. v. Yeargin, 48 C. C. A. 504, 109 Fed. 443 (dissenting opinion), to conceded proposition that if there is evidence that defendant's negligence was proximate cause of injury question is for jury, otherwise for court; Barker v. Cunard S. S. Co. 91 Hun, 500, 36 N. Y. Supp. 256, holding general exception to refusal to charge requests insufficient unless each should have been granted as preferred; McKinley v. Metropolitan Street R. Co. 77 App. Div. 259, 79 N. Y. Supp. 213, holding “exception in due form to each request refused or modified" allowed by court after retirement of jury, sufficient; Benedict v. Deshel, 77 App. Div. 279, 79 N. Y. Supp. 205, holding exception to each refusal to charge to several requests, too indefinite; Connor v. Metropolitan Street R. Co. 77 App. Div. 388, 79 N. Y. Supp. 294, holding exception to court's charging requests "first, second," etc., sufficient. Admissibility of evidence.
Cited in Ives v. Ellis, 169 N. Y. 106, 62 N. E. 138 (dissenting opinion), majority holding erroneous admission of letter incompetent as hearsay, not cured by general verdict.
7 L. R. A. 134, LAWTON v. STEELE, 119 N. Y. 226, 16 Am. St. Rep. 813, 23 N.
Cited in State v. Dow, 70 N. H. 287, 53 L. R. A. 315, 47 Atl. 734, holding statute forbidding catching of trout in local waters with intent to sell same, constitutional; State v. Lewis, 134 Ind. 256, 20 L. R. A. 55, 33 N. E. 1024, holding statute declaring possession of gill nets or seine, misdemeanor, constitutional ; People v. Rosenberg, 67 Hun, 60, 22 N. Y. Supp. 56, holding statute declaring fat rendering nuisance, and prohibiting same within municipal limits, valid; Warner v. Stebbins, 111 Iowa, 88, 82 N. W. 457, holding township health board may restrain establishment of municipal pest house within limits without proof of nuisance; People v. Hawkins, 157 N. Y. 8, 42 L. R. A. 494, 68 Am. St. Rep. 736, 51 N. E. 257, holding statute forbidding sale of convict-labor products except where labeled, void as interference with interstate commerce; People v. Buffalo Fish Co. 164 N. Y. 112, 52 L. R. A. 810, 79 Am. St. Rep. 622, 58 N. E. 34 (dissenting opinion), majority holding statute prohibiting possession of certain fish during close season applies only to those caught in local waters; People v. Pierson, 176 N. Y. 211, 63 L. R. A. 192, 98 Am. St. Rep. 666, 68 N. E. 243, holding constitutional, statute making it a misdemeanor to refuse to provide medical attendance for a minor.
Cited in footnotes to Com. v. Manchester, 9 L. R. A. 236, which holds state may regulate fishing in bay within its borders; People v. Bridges, 16 L. R. A. 684, which upholds prohibition of fishing with seine in lake on private land during part of year; Peters v. State, 33 L. R. A. 114, which holds valid as to private lake act regulating mode of taking fish; Com. v. Brown, 28 L. R. A. 110, which sustains weekly tax on sales of oysters; State v. Harrub, 15 L. R. A. 761, which holds statute prohibiting shipment of oysters in shells from state not interference with commerce; State v. Mrozinski, 27 L. R. A. 76, which holds absolute prohibition against taking fish otherwise than by hook and line with specified exceptions, valid; State v. McGuire, 21 L. R. A. 478, which holds having in possession during close season fish previously caught not an offense.