swinging to, 378 n.
Alighting from moving train.
Alighting from Car, ante.
Arm protruding from window be-
yond outer edge of car consti-
tutes negligence per se, and pas-
senger cannot recover for in-
jury. Ga. P. R. Co. v. Under-
wood (Ala.), 367.
Baggage car; fact that passenger
was riding in, against the rule,
will not defeat recovery unless
it contributed to injury. Jones
v. Chicago, St. P., M. & O.
R. Co. (Minn.). 357.
injury to passenger riding in.
Contributory negligence, 359 n.
rule prohibiting passengers
from riding in, does not absolve
company from care for passen-
gers who are there if it disre-
gard rule. Jones v. Chicago, St.
P., M. & O. R. Co. (Minn.), 357.
Boarding freight train in car yard
at night without knowledge of
employes, held contributory
negligence. Haase v. Oregon
R. & N. Co. (Ore.), 360.
Boarding moving street car. Sud-
den jerk. Question for jury,
Boarding moving train. Con-
tributory negligence of passen-
ger in attempting, 367 n.
Contributory negligence of pas-
senger protruding arm from
car window, 373 n.
Crossing track at station to reach
train, 379 n.
Injury after alighting at station
by train on another track; no
contributory negligence in not
looking before leaving car.
Phila., W. & B. R. Co. v. An-
derson (Md.), 345.
Passing from one coach to an-
other, 378 n.
and falling between them;
contributory negligence a ques-
tion for jury. Lent v. N. Y. C.
& H. R. R. Co. (N. Y.), 373.
Standing on car platform, 381 n.
of freight train; passenger
jolted off by sudden jerk guilty
of contributory negligence.
Malcolm v. Richmond & D. R.
Co. (N. Car.), 379.
Station platform; passenger's
knowledge of defective condi-
tion of, 433 n.
Freight Train.
Caboose; box car used as; degree
of care on part of company is
thereby increased. Missouri P.
R. Co. v. Holcomb, (Kan.), 303.
Care required. Railroad carrying
passengers on freight train must
exercise highest degree of care.
Missouri P. R. Co. v. Holcomb
(Kan.), 303.
Contributory negligence. Board-
ing freight train in car yard at
night, without knowledge of
employes, held contributory
negligence. Haase v. Oregon
R. & N. Co. (Ore.), 360.
Duty and liability of company
carrying passengers on freight
trains, 311 .
Person boarding freight train in
car yard, having purchased no
ticket, held not a passenger and
company not liable for injury.
Haase v. Oregon R. & N. Co.
(Ore.), 360.
Injuries by Servants.
Assault on passenger by servant.
Sufficiency of averments
pleadings, 391 n.
Passenger attempting to board
train, injured by brakeman
rushing ahead of him, 391 #.
Passenger injured by servant sud-
denly falling against her. Risk
assumed, 391 #.
Sleeping car company; liability of
for assault by employe, 391 #.
company's servants; liability
of railroad company for acts of;
391 n.
porter assaulted passenger;
question whether he was per-
forming duties of company when
assault was inflicted, is for jury.
Dwinelle 2. N. Y. C. & H. R. R.
Co. (N. Y.), 384.
porter in performance of
duties to railroad company, is
its servant. Dwinelle. N. Y.
C. & H. R. R. Co. (N. Y.), 384.
Willful or malicious acts of serv
ants towards passenger; carrier
is liable for. Dwinelle v. N. Y.
C. & H. R. R. Co. (N. Y.), 384.
Expulsion of Passenger.
Damages for humiliation and in-
Expulsion of Passengers-Contin-
tinued.
dignity suffered by expelled pas-
senger, 417 n.
Damages. In assessing damages
for wrongful expulsion, jury
may consider annoyance and in-
dignity suffered. Carsten
Northern P. R. Co. (Minn.), 392.
Loss of job of work осса-
sioned by delay, held too re-
mote. Carsten v. Northern P.
R. Co. (Minn.), 392.
Extra fare; ejection of passenger
for refusal to pay, 416 n.
Female passenger; manner of ex-
pelling, 416 n.
on wrong train; expulsion of.
Exemplary damages. Instruc-
tions, 417 n.
Force; use of unnecessarily. In-
structions. 417 #.
Non-payment of fare. After ex-
pulsion has been commenced,
tender of amount by passenger
does not entitle him to be car-
ried. Atchison, T. & S. F. R.
Co. v. Dwelle (Kan.), 402.
Conductor may expel passen-|
ger who fails to produce ticket
and refuses to pay fare. Mac-
Kay v. Ohio R. R. Co. (W. Va.), !
395.
Expulsion of passenger for
refusal to produce ticket or pay
fare, 401 n.
Right of passenger to con-
tinue journey on tender of
amount, 416 n.
tender of amount after expul-
sion was commenced; good faith
of passenger and mistaken be-
lief as to his rights. Atchison,
T. & S. F. R. Co. v. Dwelle
(Kan.), 402.
where conductor ejects pas-
senger for, and refuses to recog-
nize valid ticket, company is
liable for assault. Carsten v.
Northern P. R. Co. (Minn.),
392.
Wrong ticket given by
agent not recognized by con-
ductor; action for ejectment
must be based on breach of con-
tract, not as for tort. MacKay
v. Ohio R. R. Co. (W. Va.), 395.
Vulgar language; expulsion for
use of, 416 n.
Tickets and Fares. See that title.
PERSONAL INJURIES. See DAM-
AGES; EVIDENCE; RELEASE.
PHOTOGRAPHS. See EVIDENCE.
'PHYSICIAN. See EVIDENCE.
Contracts for medical services,
authority of railway officers and
employes to bind company.
See OFFICERS AND AGENTS.
Physical examination of person;
authority of court to direct. See
EVIDENCE.
Interposition of third party; where
accident would not have hap-
pened but for, plaintiff cannot
recover. Mire . East La. R.
Co. (La.), 495.
PUBLIC LANDS. See INDIAN LANDS;
LAND GRANT.
RAILWAY COMMISSION.
Passenger traffic; jurisdiction of
commission to require company
to resume on part of line where
it has been discontinued. Wins-
ford Local Board v. Cheshire
Lines Committee (Eng.), 274.
RATIFICATION. See OFFICERS AND
AGENTS; RELEASE.
REAL ESTATE. See LANDS.
RELEASE. See STOCK AND STOCK-
Injury to passenger.
Passenger
not in his right mind when re-
lease was signed. Ratification.
Instructions held not mislead-
ing. It. & G. N. R. Co. v.
Brazzil (Tex.), 437.
Ratification of release by re-
taining money knowing that it
had been received in satisfac-
tion of injuries. Instructions.
Int. & G. N. R. Co. v.
Brazzil (Tex.), 437.
When release of liability may
be avoided on ground that pas-
senger was insane or uncon-
scious when it was executed.
Int. & G. N. R. Co. v. Brazzil
(Tex.), 437.
Release of claims for personal in-
juries, 440 n.
REMOVAL OF CAUSE.
Control of one corporation by an-
other. Action by minority
REMOVAL OF CAUSE-Continued.
stockholders, 272 n.
RES GESTÆ. See EVIDENCE.
RIGHT OF WAY.
See EMINENT Do-
MAIN; LAND GRANT.
RIPARIAN RIGHTS.
Condemnation; effect of, 216 n.
Condemnation of upland embraces
right to improvement and oc-
cupancy of submerged land al-
though not specifically men-
tioned. Hanford 2. St. Paul &
D. R. Co. (Minn.), 205.
-Specific mention in petition
of riparian rights in respect to
lands belonging to others held
not to prevent acquisition of
such rights not specifically men-
tioned. Hanford . St. Paul &
D. R. Co. (Minn.),_205.
Eminent domain. Damages for
obstruction of access to rights,
216 n.
Reclamation of submerged lands;
right of may be separated from
riparian estate. Hanford v. St.
Paul & D. R. Co. (Minn.), 205.
RULES AND REGULATIONS. See
EVIDENCE; MASTER AND SER-
VANT; PASSENGERS.
SERVICE OF PROCESS. See OFFI-
CERS AND AGENTS,
Injury to passenger caused by
another passenger pulling bell
горе, 334 п.
Passengers: company under no
duty as to, to give signal for
starting train. Malcolm v.
Richmond & D. R. Co. (N. Car.),
Passenger pulling bell cord
starting train while another
passenger was alighting. In-
structions considered. Ferry v.
Manhattan R. Co. (N. Y.), 331.
SLEEPING CAR COMPANY.
Assault by employe; liability of
sleeping car company for, 391 n.
Liability of railroad company for
acts of sleeping car company's
servants, 391 n.
Porter of sleeping car
car assaulted
passenger; question whether he
was in performance of duty as
agent of railroad when assault
was inflicted, is for jury.
Dwinelle v. N. Y. C. & H. R. R.
Co. (N. Y.), 384.
in performance of duties to
railroad
company, is its ser-
SLEEPING CAR COMPANY-Contin-
ued.
vant. Dwinelle v. N. Y. C &
H. R. R. Co. (N. Y.), 384.
SPECIAL FINDINGS. See DEATH
STATION. See PASSENGERS.
Platform at elevated railroad sta-
tion, defective, 432 #.
at elevated railroad station.
Space between car and platform
through which passenger fel.
evidence held not to show neg-
ligence. Ryan. Manhattan
R. Co. (N. Y.), 426.
Contributory negligence of
passenger aware of defective
condition, 433 ".
Duty of company to provide
safe platform. Lights, 432 .
implied representation of
safety of. Instructions, 433 #
Injury to passenger while
alighting from moving train on
defective platform. Contribu-
tory negligence, 432 #.
Station at crossing of two
roads. Concurring negligence
of both companies, 432#.
without steps.
caused by falling of plank, 432 #
Union depot. See TERMINUS.
STATION AGENT. See OFFICERS
AND AGENTS.
STATUTE OF LIMITATIONS. See
LIMITATION OF ACTION,
STOCK AND STOCKHOLDERS.
Action by stockholder against
trust company to have bonds
cancelled. Parties, 273 #.
to prevent illegal action by
majority after officers have been
requested to interfere. Mem-
phis & C. R. Co. 7. Woods
(Ala.), 257.
Competing company; acquisition
by railroad of stock of. Device
to evade law, 273 n.
Minority stockholders; action by
to set aside sale under trust
deed. Laches, 273 #.
STOCK AND STOCKHOLDERS-STREETS AND HIGHWAYS.
voting at election of directors,
where their previous control had
been detrimental. Memphis &
C. R. Co. v. Woods (Ala.), 257.
Minority stockholders may main-
tain bill to prevent illegal ac-
tion by majority after request
to officers to interfere. Mem-
phis & C. R. Co. v. Woods
(Ala.), 257.
Bridge company. Franchise to
operate railroad tracks in street.
Federal question, 475 n.
Judicial notice as to occupation of
streets by railway, 9 n.
STREET RAILWAYS.
Injuries to passengers. See PAS-
SUBSCRIPTION TO STOCK., See
STOCK AND STOCKHOLDERS.
Abandonment of SUPERINTENDENT.
part of enterprise held no de-
fense to action on subscription. SURFACE WATER.
Armstrong v. Karshner (Ohio),
238.
Change in line of road held
not to release subscribers, un-
der statute. Armstrong v.
Karshner (Ohio), 238.
Company not required to
construct first class railroad be-
fore it can collect subscription.
Armstrong v. Karshner (Ohio),
238.
Condition as to completion of
road between certain points,
256 n.
-Conditions, compliance with.
Allegation in pleading, 256 n.
Conditional subscription may
be enforced after compliance,
with condition, although origi-
nally invalid. Armstrong v.
Karshner (Ohio), 238.
Conditional subscription to
stock of railway companies,
256 n.
Failure to complete road no
defense to action on subscrip-
tion. Armstrong v. Karshner
(Ohio), 238.
False representations. Rep-
resentations concerning future
intention of company are not
fraudulent, especially when it
is shown that there was no pur-
pose of deceiving. Armstrong
7. Karshner (Ohio), 238.
False representation; sub-
scriptions induced by, 257 n.
False statements by author-
ized agent to induce subscrip-
tion which will defeat recovery.
thereon. Armstrong v. Karsh-
ner (Ohio), 238.
Sale of part of road under
statutory authority does not re-
lease subscriber. Armstrong v.
Karshner (Ohio), 238.
AND WATERCOURSES.
TERMINUS.
"From" a city; charter giving
company right to build, it may
build its road to union depot in
such city although it originally
located terminus at the out-
skirts. Colo. E. R. Co. v. Un-
ion P. R. Co. (C. C.), 10.
Location of terminus of railroad
within city, 24 n.
TICKETS AND FARES.
Expulsion for non-payment of
fare. See PASSENGERS; Expul
sion.
Expulsion of passenger. See PAS-
Extra fare demanded of pas-
senger not having ticket. Fail-
ure of company to keep ticket
office open, 416 n.
ejection of passenger for re-
fusal to pay, 416 #.
where ticket has not been
purchased, in order to collect,
company must have office open
for sale of tickets. Rule where
train is delayed. Atchison, T.
& S. F. R. Co. v. Dwelle (Kan.),
402.
Limited ticket. Expiration of
time for which ticket was pur-
chased. Conflict of laws, 395 n.
Round trip ticket. Condition as
to having return ticket signed
and stamped, 394 n.
Presentation of wrong cou-
pon of return ticket, 394 n.
Presenting detached coupon
of return ticket. Waiver of
condition, 395 n.
rights of passenger purchas.
ing, 394 n.
transfer of when there is
restrictions, is valid, and
ticket is good in hands of holder
TRANSFER COMPANY. See BAG WATERS AND WATERCOURSES.
Improvements made by as ele-
ment of damage in eminent do-i
main proceedings. See EMI-
NENT DOMAIN; Damages.
Trespassers on cars. See PAS-
Wanton injury; railroad has no
right to inflict upon naked tres-
passer. Snyder v. Natchez, R.;
R. & T. R. Co. (La.), 278.
Argument of counsel. Improper
language in addressing jury,
416 n.
Verdict may be set
where counsel in his address
brings before jury extraneous
matter diverting their attention,
and exciting prejudice. Atchi-
son, T. & S. F. R. Co. v. Dwelle
(Kan.), 402.
Continuance of action for injury
to passenger caused by derail-
ment, on account of absence of
one of defendant's witnesses,
323 n.
UNITED STATES. See EMINENT DO-
MAIN; INDIAN LANDS.
UNITED STATES COURTS.
Bridge company. Franchise to
operate railroad tracks in street.
Federal question, 475 m.
Bridge obstructing navigation.
Jurisdiction of state courts. See
BRIDGES.
Diversion of watercourse through
ditch. Overflowing land, 400#,
Embankment damming up water;
danger from flood increased bv.
Proximate cause, 491 m.
Obstruction of watercourse by
bridge. Proper testimony for
jury in connection with testi-
mony of experts, that bridge is
proper structure. Omaha & R.
V. R. Co. v. Brown (Neb.), 475.
by construction of bridge.
action for, is transitory. Omaha
& R. V. R. Co. v. Brown (Neb.),
475-
by railroad bridge; liability
of company for overflow, 490 %.
Surface water. Continuing nui-
sance by discharging water on
land through culvert. Applica-
tion of statute of limitations.
Wells v. New Haven & N. Co.
(Mass.), 491.
joinder of cause of action for
injury caused by, and for fail-
ure to erect cattle guards, 494 ".
Melting snow, injury caused
by. Allegation of injury to
house. Recovery for injury to
land, 494 ".
right of railroad company to
collect and discharge upon ad-
joining land, 495 m.
Unprecedented flood causing
roadbed to give way, resulting
in injury to employe, 504 #.
WITNESS. See EVIDENCE; TRIAL.
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