MANDAMUS-Continued.

appeal has been taken. State
v. Grand I. & W. C. R. Co.
(Neb.), 189.

Mandamus to compel pay.
ment of compensation, 192 1.
MASTER AND SERVANT.
Contract of Employment.
Contractor's liability for board of
laborers working under sub-
contractor, 676 n.

Duty of receiver to pay wages
during recovery, 676 n.
Garnishment; interstate, 676 n.

in another state before bring-
ing suit in state where em-
ploye lives, held no defense
to action by employe for wages.
Mo. Pac. R. Co. v. Sharitt
(Kan.), 657.
Injury to employe.

Wages dur-
ing recovery. Duty of receiver,
676 n.

Medical services; authority of
railway officers and employes to
bind company, See OFFICERS
AND AGENTS.

Payment of wages to injured em-

ploye. Satisfaction of cause of
action, 647 n.
Injuries Generally.

Car inspector. Protection while
inspecting wheels. Evidence,
645 n.

Car repairer injured while at
work. Negligent shunting of
cars, 645 n.

Collision; company must know
where its trains are, and inform
servants of what is necessary
to avoid. Galveston, H. & S.
A. R. Co. v. Smith (Tex.), 598.

Negligence of engineer; evi-
dence tending to show that ac-
cident was result of, and part of:
transaction, admissible. Gulf,
C. & S. F. R. Co. v. Compton
(Tex.), 637.

-proximate cause of which was
negligence of engineer, causing
injury to fireman. Negligence
of company in not putting con-
ductor in charge of train.
C. & S. F. R. Co. v. Compton-
(Tex.), 637.

Gulf,|

Water train not accompa-
nied by conductor; testimony!
that conductor was afterwards
employed, properly excluded.
Gulf, C. & S. F. R. Co. v.
Compton (Tex.), 637.

MASTER AND SERVANT.
Injuries Generally—Continued.
Employe cleaning out bin in grain
elevator injured. Contributory
negligence, 646 n.

injured from kick of horse.
Servant's ignorance of horse's
nature, 646 n.

— working on track injured by
passing train. Contributory
negligence, 645 n.

— working on track injured by
passing train; duty of company
to give warning and slack
speed, 644 n.

Low bridge: conductor killed
while standing on car in viola-
tion of rules, not entitled to re-
cover. San Antonio & A. P. R.
Co. v. Wallace (Tex.), 564.

Injury to train hands from
overhead bridges, 567 #.
Minor employe injured.

Evi-

idence of plaintiff's capacity and
experience, 646 n.

Report of accident made by in-
jured employe in evidence,
647 n.

Rules of railway company. When
obligatory upon employes, 647 #.
Switchman jolted from train.
Action within line of duty.
Contributory negligence. Ques-
tion for jury, 645 n.

Unblocked rails. Whether a ser-
vant had knowledge or appreci-
ated danger, is question for
jury. Davis . St. Louis. I. M.
& S. R. Co. (Ark.), 690.
Defective Track.

Bad rails and rotten cross-ties; in-
juries caused by, 503 n.

Brakeman jolted from car by
worn out rail. Question for
jury, 503 n.
Coupling cars; employe injured
by defective track while engaged
in. See Coupling Cars, infra.
Fellow servants. Injury to em-
ploye through negligence of co-
employe in taking care of track.
See Fellow Servants, infra.
Injuries to employes caused by
defective track and roadbed,
503 n.

Proximate cause. Interposition
of third party; plaintiff cannot
recover if accident is caused by.
Mire v. East La. R. Co. (La.),
495.

Derailment caused by car

MASTER AND SERVANT.
Defective Track-Continued.

wheel striking loose plank.
Plaintiff must show that acci-
dent was caused by act of ser-
vants. Mire v. East La. R. Co.
(La.), 495.

Roadbed giving way. Insufficient
culverts. Unprecedented flood,
503 n.

Statutory liability for omission to
pack frog. Negligence of fel-
low servant. Servant of com-
pany is "person" within mean-
ing of act. LeMay v. Can. Pac.
R. Co. (Ont.), 627.
Washout; injuries caused by.
Capacity of culverts. Evidence,

Contributory negligence of ser-
vant; employer not liable, al-
though but for defect, injury
would not have happened.
Wash. & G. R. Co. v. McDade
(U. S.), 505.

Degree of care required of rail-

road furnishing appliances for
use of employes. Notice of de-
fect, 520 n.

Elevator shovel; injury to employe
operating. Sufficiency of evi-
dence. 521 n.

Foreign car. Duty of company to
inspect car received with de-
fective brake beam, causing in-
jury to servant; company held
liable. Mo. Pac. R. Co. v.
Barber (Kan.), 523.

Duty of company to inspect
cars of other companies used on
its road, 527 n.
Inspection of cars. Car wheel

broken; injury caused by. Im-

MASTER AND SERVANT.
Machinery and Appliances-Con-
tinued.

proper inspection, 528 n.
Inspection of cars. Negligence
of company. Sufficiency of force
of inspectors. Intoxication of
inspector, 528 n.
Master does not guarantee safety
of machinery, but is only bound
to use ordinary care. Wash. &
G. R. Co. v. McDade (U. S.), 505.
Master may use such machinery
as experience shows to be rea-
sonably safe. Wash. & G. R.
Co. v. McDade (U. S.), 505.
Pile driver, injury by plank falling
from. Evidence, 523 n.
Platform of street car, defective,
causing injury to driver.
Knowledge of defect.
tion of risk, 535 n.

Assump-

Proximate cause; rule as to, where
servant is injured through de-
fective appliances. Ditching

machine, 520 n.

Saw table defective, causing in-
jury to carpenter, 521 n.
Smokestack of engine becoming
clogged up. Injury to fireman.
Sufficiency of complaint, 528 n.
Statutory liability for injury
caused by defective machinery.
Contributory negligence. In-
structions, 529 n.

Coupling Cars.

Ash pile on track; car coupler's
foot caught in. Negligence,
540 n.
Caboose platform; evidence as to
defective condition of, by one
who saw injury, 548 n.

St.

Crooked link; use of, in making
coupling; custom to carry such
links. Evidence, 548 n.
Condemned car marked out of
repair; company negligent in
not ascertaining condition.
Louis, I. M. & S. R. Co. v. Hig-
gins (Ark.), 541.
Conductor coupling cars contrary
to rules. Emergency, 555 n.
Contributory negligence. Em-
ploye's knowledge of drawhead
necessitating crooked link. Use
of straight link. St. Louis, I.
M. & S. R. Co. v. Higgins
(Ark.), 541.

Jury should consider em
ploye's youth and inexperience,
and fact that coupling was re-

MASTER AND SERVANT.
Coupling Cars-Continued.
quired on emergency, St. L., I.
M. & S. R. Co. v. Higgins
(Ark.), 541.

Contributory negligence of em-
ployes coupling cars in violation
of rule, 554 n.

Defect in track, car coupler
aware of, 555 ".

Violation of rule customarily
disregarded; company not liable
unless they acquiesced. Sloan
7. Ga. Pac. R. Co. (Ga.), 553.
-Violation of rule forbidding
coupling by hand; employe in-
jured not entitled to recover.
Sloan v. Ga. Pac. R. Co. (Ga.),
553.

Where right of employe to
recover depends upon the care
exercised, question is for jury.
St. L., I. M. & S. R. Co. v. Hig-
gins (Ark.), 541.

Coupling, at foot of grade, loaded
train having but one brakeman,
and but one brake applied; evi-
dence of negligence to go to
jury. Ga. Pac. R. Co. v. Propst
(Ala.), 548.

Defective bumper; injury caused

by. Negligence and contrib-
utory negligence, 546 n.
Defective drawhead; coupling
cars having. Known risk.
Evidence of negligence, 546 n.

Drawhead having rough
edges liable to catch employe's
clothing, 547 n.

Drawheads of different
heights; injuries to employes
coupling cars with, 546 n.

Contributory negligence of
employe violating rule. Evi-
dence, 547 n.

Defective track and roadbed; in-

juries to employes coupling
cars, caused by, 539 n.
Engineer giving car sudden jerk
causing injury to car coupler,
552 n.

Foreign car; company must in-
spect. Servant injured by de-

fective brake beam entitled to
recover. Mo. Pac. R. Co. v.
Barber (Kan.), 523.

Hole between cross ties catching
car-coupler's foot. Contribu-
tory negligence in violating rule,
540 n.

Hole in platform scales over which

MASTER AND SERVANT.
Coupling Cars—Continued.

spur track ran; employe falling
into, held entitled to recover.
Little Rock & F. S. R. Co. v.
Cagle (Ark.), 536.

Insufficient number of brakemen
to check speed of train, causing
injury to car coupler, held evi-
dence of negligence. Ga. Pac.
R. Co. v. Propst (Ala.), 548.
Presumption of negligence against
company, 645 #.

Rules forbidding coupling by hand
printed in book form. Parol
evidence of purport of rules
properly rejected. Ga. Pac. R.
Co. v. Propst (Ala.), 548.
Sliver in rail catching car coupler's
foot. Contributory negligence
in stepping between moving
cars. 541 m.

Wiper in round house coupling
cars; action within line of duty,
555 n.

Contributory Negligence.
Attempting to get on moving en-
gine, 563 n.

Order of superior, 563 #.
Brakeman boarding moving train
striking sleepers piled near
track, 563 n.

Burden of proof is on employe
injured to show due care on his
part, 564 n.
Comparative negligence; doctrine
not recognized in Georgia, 564

n.

Coupling cars; contributory neg-
ligence of employes engaged in.
See Coupling Cars, supra.
Defective appliance; use of, by
employe with knowledge of de-
fect, 562 n.

Employe cleaning out bin in grain
elevator injured, 646 n.
Employe working on track in-
jured by passing train, 645 ".
Flagman at crossing failing to
look for train which ran over
him, held negligent. Louisville
& N. R. Co. v. Crawford (Ala.).
568.
Machinery and appliances; con-
tributory negligence in use of.
See MACHINERY AND APPLI-
ANCES, supra.

Riding through freight yard on
cow catcher, 563 n.
Switching cars; brakeman plac-
ing them in such position that

he was afterwards struck while
passing on main track. New-
man v. Chicago, M. & St. P. R.
Co. (Iowa), 555.
Switchman jolted from train by
sudden jerk. Question for jury,
645 n.

- jumping on track before lo-
comotive, 563 n.

Sitting on brake wheel between
cars, 563 n.

Violation of rule.

Company not
liable unless it so acquiesced
in violation as to abrogate rule.
Sloan v. Ga. Pac. R. Co. (Ga.),
553.

Conductor boarding moving
train and killed by low bridge
while on top of car not entitled
to recover. San Antonio & A.
P. R. Co. v. Wallace (Tex.), 564.
Contributory negligence of
employes, 554 n, 568 n.

Contributory negligence of
employe injured while coupling
cars in violation of rule, 540 n.

forbidding coupling cars by
hand; employe injured not en-
titled to recover. Sloan v. Ga.
Pac. R. Co. (Ga.), 553.

Master not relieved from lia-
bility unless violation caused
the injury in whole or in part.
San Antonio & A. P. R. Co. v.
Wallace (Tex.), 564.

while coupling cars, 547 n.
Risk of Employment.

Extra trains. Admission that of-
fice entry of running of specified
trains was "record of trains";
effect of. Larson v. St. P., M.
& M. R. Co. (Minn.), 529.

Injuries to section hands,

MASTER AND SERVANT.
Risk of Employment-Continued.
falling of clay bank. Risk as-
sumed, 534 n.

Moving wheels in repair shop,
causing injury to employe.
Risk assumed. Pleading,
533 n..
Pushing truck in blacksmith shop;
injury to employe while engaged
in. Assumption of risk, 534 n.
Street car driver injured by de-
fective platform. Knowledge
of defect. Assumption of risk,
535 n.
Transferring cars from broad to
narrow guage trucks. Assump-
tion of risk, 533 n.

Bumpers on stock car; injury
caused by absence of. Risk
assumed, 536 n.

Fellow Servants.

Action by servant of one company
against another company. Neg-
ligence of co-servants.
ing, 618 n.

Plead-

3rakeman injured by car improp-
erly loaded. Negligence of fel-
low servants, 615 n.

injured by falling into pit
between tracks. Negligence of
co-employe, 613 n.

injured through negligence
of locomotive engineer, is his
fellow servant. Complaint held
demurrable. Hobbs v. Atlantic
& N. C. R. Co. (N. Car.), 592.
Car inspectors and repairers; neg-
ligence of, 609 n.

failing to repair defective car
not fellow servant of brakeman
injured thereby. International
& G. N. R. Co. v. Keenan
(Tex.), 607.

Conductor of one train causing

injury to fireman on another
train. Conductor not fireman's
fellow servant, 597 n.
Employe cleaning out trench.
Caving in of earth. Negligence
of fellow servant, 613 n.
Engineer as fellow servant of
other employes injured through
his negligence, 595 n.

Brakeman injured through
negligence of engineer, 595 n.
- negligence of causing injury
to fireman, 596 n.

Fireman injured in collision.
Evidence tending to show that
accident resulted from negli-

MASTER AND SERVANT.

Fellow Servants-Continued.

gence of engineer, admissible.
Gulf, C. & S. F. R. Co. v. Comp-
ton (Tex.), 637.

Firemen injured in collision prox-
imately caused by engineer.
Negligence of company in not
putting conductor in charge of
train. Gulf, C. & S. F. R. Co.
v. Compton (Tex.), 637.
Foreman; negligence of, causing
injury to laborer. Vice-prin-
cipal, 615 n.
Incompetency. Absence of ser-
vant. Company negligent in
retaining switchman after
knowledge of his customary
neglect of duty. Coppins v. N.
P Y. & H. R. R. Co. (N. Y.), 618.
Incompetent co-employes. Evi-

dence of employe's reckless
habits, 647 n.

- Incompetency shown by ser-
vant habitually neglecting duty.
Coppins v. N. Y. & H. R. Ŕ.
Co. (N. Y.), 618.

instruction as to evidence
and arguments bearing upon,
held argumentative. Ga. Pac.
R. Co. v. Propst (Ala.), 548.

- Intoxication of car inspector,
528 n.

negligence of company in re-
tention of, 627 n.

When question of incompe-
tency is raised, 627 n.
Master's duty of providing safe
place to work; negligence of
servant or agent charged with
performance of, 617 n.
Negligence of master and fellow
servant combined, 623 n.

If injury would not have
happened if master performed
his duty, he is liable. Coppins
v. N. Y. &. H. R. R. Co. (N.
Y.), 618.

Roadmaster in charge of working

train fellow servant of section
hand on such train injured
through his negligence. Gal-
veston, H. & S. A. R. Co. v.
Smith (Tex.), 598.

Section master and section hands
working under him as fellow
servants, 616 n.

Statutory liability. Employes en-
gaged in operation of railway
within Iowa Code, 584 n.

Employe is "person" within

· MASTER AND SERVANT.
Fellow Servants-Continued.

act giving right of action to
"any person injured, even
though injury occurred
through fellow servant omitting
to pack frog. LeMay v. Can.
Pac. R. Co. (Ont.), 627.
Statutory liability. Firm or part-
nership doing railway work by
contract and operating trains,
not within Kansas Act. Beeson
v. Busenbark (Kan.), 584.

Georgia statute abrogating
fellow servant rule. When em-
ploye is without "fault or neg.
ligence," 591 n.

Kansas Act abrogating com-
mon law rule, applies to every
railroad in state. Beeson .
Busenbark (Kan.), 584.

Kansas Act does not include
firms, partnerships or individ-
uals, having employes work-
ing on railroad. Beeson .
Busenbark (Kan.), 584.

Kansas Employers' Liability
Act; construction of, 590 n.

Minnesota statute making
railroad companies liable to an
employe for injuries caused by
the negligence of a co-employe;
construction of, 590 n.

Montana statute. Who is
superior" employe, 592 n.

Section hand riding on hand
car is connected with use and
operation of road within Iowa
Code. Chicago, M. & St. P. R.
Co. 7. Artery (U. S.). 573.
Statutes imposing duties and lia-
bilities on railroad companies;
effect of on fellow servant rule,
635 n.

Statute imposing liability for
damage done by employes. In-
struction, 647 n.
Superintendent dispatching train
not fellow servant of laborer on
train injured through his negli-
gence. Galveston, H. & S. A.
R. Co. v. Smith (Tex.), 598.
Telegraph operator and fireman,
606 n.

Test of co-service, 606 n.
Track inspectors and repairers:
negligence of, 613 n.

— engineer injured through
negligence of track repairer,
held not entitled to recover.
Burrell . Gowen (Pa.), 610.