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118, 26 N. E. 437, holding action not maintainable under statute of 1887, for death due to negligence of coemployee; Daly v. New Jersey Steel & I. Co. 155 Mass. 5, 28 N. E. 1056, holding action for instantaneous killing of unmarried man should be brought in name of dependent next of kin only; Vetaloro v. Perkins, 101 Fed. 394, holding nonresident alien widow not debarred from right of action under liability act of 1887.

Action for death.

Cited in note (17 L. R. A. 77) on measure of recovery for death caused by negligence.

7 L. R. A. 156, BATES v. WESTBOROUGH, 151 Mass. 174, 23 N. E. 1070. Liability of private person for discharge of surface water upon another's

land.

Cited in Fitzpatrick v. Welch, 174 Mass. 486, 48 L. R. A. 279, 55 N. E. 178, upholding judgment for damages for discharge of water from defendant's gutter upon plaintiff's land; Smith v. Faxon, 156 Mass. 596, 31 N. E. 687, holding private landowner cannot collect surface water into definite channel and discharge it on neighbor's land.

Stopping up drains of landowners.

Cited in O'Brien v. Worcester, 172 Mass. 353, 52 N. E. 385, upholding action for damages for backing up of water upon plaintiff's premises due to walling up of -old sewer.

Surface waters.

Cited in Champion v. Crandon, 84 Wis. 410, 19 L. R. A. 857, 54 N. W. 775, holding action not maintainable for damages due to diversion of surface water by change of street grade; Collins v. Waltham, 151 Mass. 198, 24 N. E. 327, holding city not liable for overflow of surface waters from gutters upon adjacent land; Byrne v. Farmington, 64 Conn. 374, 30 Atl. 138, holding town not obliged to keep open surface-water sluiceway across roadway.

Statutory remedies.

Distinguished in Woodbury v. Beverly, 153 Mass. 247, 26 N. E. 851, holding municipality liable for affecting flow of surface water from land by change of street grade; Holleran v. Boston, 176 Mass. 77, 57 N. E. 220, holding remedy for changing flow of surface water by changes for park purposes, to be statutory. Liability of city for nuisance.

Cited in Nevins v. Fitchburg, 174 Mass. 550, 47 L. R. A. 314, 55 N. E. 321, holding city liable for nuisance caused by ending sewer in private tailrace under culvert in road.

Cited in footnotes to Miles v. Worcester, 13 L. R. A. 841, which holds city liable for encroachment by retaining wall on filling school yard; Long v. Elberton, 46 L. R. A. 428, which denies liability of city to neighboring property owners for erection of prison within city limits unless so negligently maintained as to constitute nuisance; Hughes v. Auburn, 46 L. R. A. 636, which denies city's liability for disease due to neglect of proper sanitary precautions as to sewer system; Duncan v. Lynchburg, 48 L. R. A. 331, which denies city's liability for nuisance by pollution of water in unauthorized operation of rock quarry outside city limits.

Liability of city as to sewers.

Cited in Roberts v. Dover, 72 N. H. 154, 55 Atl. 895, holding city liable for injury to private property from overflow of sewer.

Cited in footnote to Nevins v. Fitchburg, 47 L. R. A. 312, which denies city's right to discharge sewer into tailrace.

Cited in note (61 L. R. A. 684, 698) on duty and liability of municipality with respect to drainage.

Defects in plan of construction.

Cited in Buckley v. New Bedford, 155 Mass. 66, 29 N. E. 201, holding landowner draining into sewer by permit could not recover against city for sewer water backing into cellar.

Work of construction and repair.

Cited in Melrose v. Hiland, 163 Mass. 309, 39 N. E. 1031, holding power and duty of town to repair common drain through private land same as if in highway; Norton v. New Bedford, 166 Mass. 51, 43 N. E. 1034, holding city responsible for personal injury due to negligence of its officials in construction of sewer; Allen v. Boston, 159 Mass. 336, 38 Am. St. Rep. 423, 34 N. E. 519; Hamlin v. Biddeford, 95 Me. 315, 49 Atl. 1100, holding city liable for damages due to failure to keep sewer in repair; Bryant v. Westbrook, 86 Me. 455, 29 Atl. 1109, holding municipal officers assuming construction and repair of highways act as public officers; Melrose v. Hiland, 163 Mass. 309, 39 N. E. 1031, holding that care of drain is upon municipality, and that officials act as its agents.

Distinguished in Hewett v. Canton, 182 Mass. 224, 65 N. E. 42, holding town not liable for damages from surface water caused by construction of street railway, under permit from selectmen.

Lability for damages resulting from performance of public duty.

Cited in Hughes v. Monroe County, 79 Hun, 126, 29 N. Y. Supp. 495, holding county not liable for negligent injury to servant employed in insane asylum; Workman v. New York, 63 Fed. 302, holding city fire boat by duty to extinguish fires, not absolved from use of ordinary care to prevent collision; Howard v. Worcester, 153 Mass. 428, 12 L. R. A. 161, 25 Am. St. Rep. 651, 27 N. E. 11, holding city in building schoolhouse not liable for negligent injury to traveler upon adjoining highway; Lenzen v. New Braunfels, 13 Tex. Civ. App. 369, 35 S. W. 341, holding city liable for negligence in maintaining waterworks preventing fire from being extinguished.

Liability of municipality for negligence.

Cited in footnote to Snider v. St. Paul, 18 L. R. A. 151, which holds city not liable for negligence of agents in providing and maintaining city hall. Cited in notes (9 L. R. A. 210) on liability of municipality for neglect of its officers or agents; (19 L. R. A. 454) on distinction between public and private functions of municipal corporations as to liability for negligence.

7 L. R. A. 160, JAY COUNTY v. TAYLOR, 123 Ind. 148, 23 N. E. 752. Contract of employment by public officers.

Cited in Henderson v. New York, 65 App. Div. 183, 72 N. Y. Supp. 609, holding city not liable to attorney employed by town three days before annexation to city to test validity of annexation act; Liggett v. Kiowa County, 6 Colo. App.

273, 40 Pac. 475, holding contract of county board employing purchasing agent for year valid though some of board went out of office before time of contract ended; State ex rel. Scott v. Hart, 144 Ind. 111, 33 L. R. A. 121, 43 N. E. 7, holding county commissioners cannot rent rooms in courthouse to private use for term of years; Taylor v. Bosworth, 1 Ind. App. 57, 27 N. E. 115, holding demurrer to answer properly sustained where contract set out had been declared void as against public policy.

Cited in note (16 L. R. A. 257) on power of public officers to make contracts binding on their successors or for a term of years.

Distinguished in Pulaski County v. Shields, 130 lnd. 11, 29 N. E. 385, holding contract of employment of county superintendent for term of years, valid; McConnell v. Arkansas Brick & Mfg. Co. 70 Ark. 597, 69 S. W. 559, holding superintendent of penitentiary may contract for hire of convicts for ten years.

7 L. R. A. 162, LOUISVILLE & N. R. CO. v. GILBERT, 88 Tenn. 430, 12 S. W. 1018.

Limitation of carrier's liability.

Cited in Missouri, K. & T. R. Co. v. Carter, 9 Tex. Civ. App. 698, 29 S. W. 565, holding shipper under duress in signing contract releasing carrier from liability; Bird v. Southern R. Co. 99 Tenn. 727, 63 Am. St. Rep. 856, 42 S. W. 451, holding carrier cannot exempt itself from liability for its own negligence; Bennitt v. Missouri P. R. Co. 46 Mo. App. 666, holding bill of lading by which carrier attempted to release its liability for shipment of cotton invalid; Pacific Exp. Co. v. Foley, 46 Kan. 476, 12 L. R. A. 807, 26 Am. St. Rep. 107, 26 Pac. 665 (dissenting opinion) majority holding receipt of carrier limiting liability to certain amount proper to secure proportion between amount of responsibility and freight it receives; Schaller v. Chicago v. N. R. Co. 97 Wis. 36, 71 N. W. 1042, holding want of consideration for special contract of exemption must be shown by one claiming its nonexistence; Missouri, K. & T. R. Co. v. Carter, 9 Tex. Civ. App. 688, 29 S. W. 565, holding special contract for shipment of cattle not supported by consideration; Lake Erie & W. R. Co. v. Holland (Ind.) 63 L. R. A. 950, 69 N. E. 138, denying right of carrier to absolve itself from duty to furnish safe cars, by contract without consideration; Saunders v. Southern R. Co. 62 C. C. A. 527, 128 Fed. 19, holding that carrier may reasonably limit common-law liability for loss of freight or baggage not resulting from its own negligence.

Cited in notes (10 L. R. A. 417) on exemption from liability clause in carrier's contracts; (10 L. R. A. 419) on limitation of carrier's liability by contract; (13 L. R. A. 518) on carrier limiting responsibility by special agreement; (18 L. R. A. 528) on right of common carrier to limit common-law liability by contract in absence of negligence.

Alternative of limited and unlimited liability.

Cited in Louisville & N. R. Co. v. Turner, 100 Tenn. 222, 43 L. R. A. 142, 47 S. W. 223, holding passenger entitled to alternative of limited and unlimited tickets; Illinois C. R. Co. v. Craig, 102 Tenn. 302, 52 S. W. 164, holding carrier can only limit its liability for transportation of freight by giving shipper reasonable alternative between modes of shipment; Little Rock & F. S. R. Co. v. Cravens, 57 Ark. 126, 18 L. R. A. 533, 38 Am. St. Rep. 230, 20 S. W. 803, holding shipper entitled to choice between limited and unlimited liability of

carrier; Illinois C. R. Co. v. Lancashire Ins. Co. 79 Miss. 121, 30 So. 43, holding shipper not bound by contract limiting carrier's liability when no option or choice was given him; Louisville & N. R. Co. v. Sowell, 90 Tenn. 24, 15 S. W. 837, holding readiness to make contract of shipment other than that objected to might be shown by carrier.

7 L. R. A. 170, O'LEARY v. FIRE & WATER COMRS. 79 Mich. 281, 19 Am. St. Rep. 169, 44 N. W. 608.

Liability of municipality for servants' negligence.

Approved in Freel v. Crawfordsville, 142 Ind. 29, 37 L. R. A. 304, 41 N. E. 312, holding school corporation not liable for agent's negligence where no provision for payment of damages for personal injuries made; Nicholson v. Detroit, 129 Mich. 250, 56 L. R. A. 603, 88 N. W. 695, holding city not liable for infection of employee upon hospital building, in absence of statute.

7 L. R. A. 172, MYHAN v. LOUISIANA ELECTRIC LIGHT & P. CO. 41 La. Ann. 964, 17 Am. St. Rep. 436, 6 So. 799.

Master's liability for latent and patent defects.

Cited in Townsend v. Langles, 41 Fed. 920, holding master not liable for injury to employee brushing off cogwheels the danger of which is apparent; Clements v. Louisiana Electric Light Co. 44 La. Ann. 695, 16 L. R. A. 44, 32 Am. St. Rep. 348, 11 So. 51, holding contributory negligence not shown from latent defect of improperly insulated wires; Bomar v. Louisiana North & South R. Co. 42 La. Ann. 989, 8 So. 478, holding railroad liable for injury to conductor coupling cars with defective drawhead; Meyers v. Illinois C. R. Co. 49 La. App. 27, 21 So. 120, holding mere tagging of cars as defective insufficient to relieve master of liability.

Cited in footnotes to Sweet v. Ohio Coal Co. 9 L. R. A. 861, which holds master may conduct business in own way, though other method less hazardous; Tennessee Coal, Iron & R. Co. v. Kyle, 12 L. R. A. 103, which holds running freight train without cow-catcher negligence; St. Louis, A. & T. R. Co. v. Triplett, 11 L. R. A. 773, which holds master's duty to protect repair track not fulfilled by adopting rule sufficient if faithfully observed by employees.

Cited in notes (8 L. R. A. 819) on vice principals and agents; (32 L. R. A. 352) on liability of electric company to employee for injury caused by electric shock; (12 L. R. A. 344) on duty of master to secure safety of servant.

Master's knowledge of danger.

Cited in Dobson v. New Orleans & W. R. Co. 52 La. Ann. 1133, 27 S. W. 670, holding railroad liable for injury due to collision of train with cow on track contributed to by conductor's abandonment of train.

Cited in note (41 L. R. A. 46) on knowledge as element of employer's liability to injured servant.

Notification of danger of service.

Cited in Gaulden v. Kansas City S. R. Co. 106 La. 411, 30 So. 889, holding master liable for not informing servant of danger of service as well as defect of appliance; Erslew v. New Orleans & N. E. R. Co. 49 La. Ann. 102, 21 So. 153, holding railroad liable for death of brakeman on top of car struck by guy wire negligently left by company; Myers v. Illinois R. Co. 49 La. Ann. 27, 21 So. 120,

holding railroad liable for injury to brakeman coupling cars known by it to be defective, without informing him; Stucke v. New Orleans R. Co. 50 La. Ann. 198, 23 So. 342, holding it master's duty to inform servant of danger of work in pit over which electric cars ran; James v. Rapides Lumber Co. 50 La. Ann. 728, 44 L. R. A. 51, 23 So. 469, holding master of sawmill liable for injury to employee suddenly ordered into dangerous position without warning of danger; Daly v. Kiel, 106 La. 174, 30 So. 254, holding warning to keep one eye on engineer and two on bank of gravel pit not sufficient intimation of danger to new hand; McCarthy v. Whitney Iron Works Co. 48 La. Ann. 981, 20 So. 171, holding master not liable for injury resulting from iron falling on employee while levelling bottom of pit; Thompson v. New Orleans & C. R. Co. 108 La. 56, 32 So. 177. holding railroad liable for injury resulting from defectively insulated wire of which its officers had not warned all employees.

Cited in note (8 L. R. A. 636) on knowledge by servant of defective and dangerous machinery.

Contributory negligence.

Cited in Potts v. Shreveport Belt R. Co. 110 La. 6, 98 Am. St. Rep. 452, 34 So. 103, holding lineman not unnecessarily exposing himself not guilty of contributory negligence in stringing dangerous wires.

Measure of damages.

Cited in Murdock v. New York & B. Despatch Exp. Co. 167 Mass. 550, 46 N. E. 57, holding testimony of average monthly wages of employee properly admitted.

Cited in note (17 L. R. A. 78) on measure of damages for death caused by negligence.

Survival of action.

Cited in American Sugar Ref. Co. v. Johnson, 9 C. C. A. 120, 13 U. S. App. 681, 60 Fed. 513, holding action for damages for death due to acts of omission survives under statute.

7 L. R. A. 176, PORTER v. POWELL, 79 Iowa, 151, 18 Am. St. Rep. 353, 44 N. W. 295.

Parent's liability for infant's support.

Cited in Manning v. Wells, 8 Misc. 648, 29 N. Y. Supp. 1044, holding father liable for necessaries furnished to infant driven from home and unable to provide same; De Wane v. Hansow, 56 Ill. App. 577, holding parent liable for medical care of child living apart with his consent, which parent refuses to furnish; Hardy v. Eagle, 25 Misc. 473, 54 N. Y. Supp. 1045, holding mere weekly payments of $5 to child living apart do not exempt from liability for his necessaries; Hopkinson v. Knapp & S. Co. 92 Iowa, 333, 60 N. W. 653, holding parent damaged by death of infant, where latter temporarily controlling income and not emancipated; Kubic v. Zemke, 105 lowa, 272, 74 N. W. 748, holding verdict cannot be directed in action for minor's necessaries, where evidence conflicting as to emancipation; Cushman v. Hassler, 82 Iowa, 297, 47 N. W. 1036, holding father not liable for support of child leaving him without cause or consent to live with divorced mother, where father denied liability thereafter; Duzan v. Myers, 30 Ind. App. 233, 96 Am. St. Rep. 341, 65 N. E. 1046, holding children of former marriage entitled to participate in fund received on account of death of parent.

L. R. A. AU.-VOL. I.-58.

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