Commentaries on the Law of Negligence in All Relations: (including a Complete Revision of the Author's Previous Works on the Same Subject)

Seymour Dwight Thompson

Bowen-Merrill Company, 1901

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SECTION

Duty to warn public of revocation of license to come upon ones premises

Negligence of one employé imputable to a coemployé in favor of

SECTION	2

CHAPTER XL	8

GENERAL PRINCIPLES AND THEORIES	10

CHAPTER	16

Other Doctrines and Theories 2839	29

Injuries from electric wires coming in contact with each other 805 Injuries from the contact of wires continued 806 Further of injuries from contact o...	729

Negligence in these cases a question for a jury	735

Proximate and remote damages in case of the spread of fires	736

Contributory negligence in coming in contact with electric wires	743

Injuries to the servants of electrical companies through their con tributory negligence	745

Injuries to workmen through negligently turning on the current 811 Injuries to workmen by reason of live wires sagging upon dead wires	746

Injuries from broken wires in streets	747

Liability of municipal corporations for failing to protect their streets from these dangers	749

Illustrations of the intervention of independent responsible causes	61

Further illustrations of this principle	64

Still further illustrations	66

Intervening innocent act of the person injured 65 Intervening negligence of the person injured	67

Intervening negligence of physicians surgeons or nurses in treating person injured	68

Other intervening acts of person injured which do not relieve the original wrongdoer 68 Combined result of negligence and accident	70

Injury from several causes for all of which the defendant is re sponsible 70 Combined result of negligent or wrongful act and extraordinary or unfor...	72

Combined result of act of defendant and act of God	73

Negligence of the defendant concurring with the act of God 74 Prior negligence of the defendant and subsequent act of God	74

Concurrent negligence of two persons injuring a third 76 Rule where it is impossible to apportion the damage between	76

wrongdoers	78

Exception to this principle involved in the doctrine of imputed negli gence 78 Other exceptions 79 No contribution between parties whose concurren...	79

a third person 80 Accidental injury in escaping from apparent sudden peril produced by negligence of another	80

Illustrations of this principle	81

Collateral unlawful act does not bar a recovery	83

Unlawful act directly contributing to the accident bars recovery 84 Rule where one of two innocent persons must suffer from the fraud or fault of a t...	84

Defendants negligence proximate plaintiffs negligence remote	85

Cases illustrating this principle	86

CHAPTER V	89

Rule illustrated by defects in highways frightening travellers horses	92

497514	165

Person acting wrongly or illegally bound to use more care	172

This distinction illustrated	178

What if the danger might have been seen and avoided if seen	184

Circumstances under which it is not negligence not to anticipate	186

Acting erroneously in attempting to rescue another from imminent	192

Subsequent negligence of the person injured in treating his wound	198

What is willful or wanton negligence which renders the defendant	204

Defendants negligence proximate plaintiffs negligence remote	213

Recovery possible unless by exercising ordinary care consequences	215

This rule contrasted with the rule that plaintiff can not recover if	223

Defendant liable if after discovering the exposed situation of	238

Rules of Pleading how Affected by Considerations	340

Confusing ideas upon this question	348

Freedom from contributory negligence must be alleged in plaintiffs	354

NEGLIGENCE IN GENERAL	355

General allegations denying contributory negligence overthrown	360

Allegations not necessary where contributory negligence is matter	366

What complaints not demurrable as showing contributory negligence	386

In the case of failing to observe and discover sources of danger	420

In cases of collisions and similar accidents in using the highway	427

When error to give any instructions on the law of contributory neg	434

Necessity of confining the instructions to the issues made by	441

As to the fullness and particularity of instructions on contributory negligence	447

Refusing additional instructions where the jury are already fully instructed	448

Qualifying or amending requests for instructions before giving them	449

Instructions more favorable to the defendant than he is entitled	450

Instructions which use the expression at the time of the injury 478 Curing the admission of irrelevant evidence by instructions	451

Instructions on Various Questions of Law and Fact SECTION 481 Instructions as to the burden of proof	452

Instructions as to presumptions 483 Instructions as to the instinct of selfpreservation	453

Instructions defining ordinary care reasonable care degrees of negligence	454

Instructions which embody the any degree doctrine 486 Instructions embodying the doctrine of comparative negligence	456

Instructions which embody the doctrine of imputed negligence 488 Instructions as to proximate and remote cause in connection with contributory ne...	457

Instructions as to the plaintiff avoiding the consequences of the de fendants negligence	458

Instructions as to the defendant avoiding the consequences of the plaintiffs negligence	459

Instructions as to voluntarily exposing ones self to danger 492 Instructions as to casting ones self upon known dangers 493 Instructions as to contrib...	460

Instructions on the subject of intoxication of the plaintiff or person killed or injured	462

CHAPTER XIV	464

General rule as to imputed negligence	465

Negligence of carrier not imputed to passenger	466

Negligence of carrier when imputed to passenger	468

Negligence of driver not imputed to passenger on private convey ance riding by invitation	469

But passenger not absolved from ordinary care for his own safety	470

Negligence of husband not imputed to wife 505 Negligence of one coemployé not imputable to another in favor of stranger	472

Negligence of one joint undertaker imputable to the other	473

When negligence of wife bars action by husband	474

Test by which to determine whether servant acts within the scope of his employment 527 What acts not deemed within the scope of the employment ...	479

Liability of master for selecting incompetent or improper servants 530 Acting without orders or against orders 531 What if the person injured knows ...	480

Rule extends to negligent and unintentional wrongs committed	483

Rule where the master commits to the servant certain absolute duties which the master owes to others	495

Further of cases where master has an absolute duty to perform 534 Some illustrations of the foregoing doctrines	497

Other conclusions resulting from the foregoing doctrines	498

Master liable for accidental death produced by his servant 537 Respondeat superior in the relation of parent and child	500

Intervening negligence of third persons 539 Liability of the master by ratification or adoption	502

Liability of master for servants unlawful discharge of implied duties	503

Instances of acts deemed within the scope of servants employment	505

Other such instances	506

Power of corporations to employ surgeons or nurses for wounded employés etc 545 Through what officer this power exercised	508

Superintendents surgeons road masters	509

The subject considered with special reference to railway accidents 548 Ratification of such engagements	510

CHAPTER XVI	512

This doctrine rests on fallacious grounds 554 Repudiated as unjust and impolitic	513

Applications of this doctrine in cases where servant uses excessive force in accomplishing his duty	514

The true distinction stated and illustrated 557 Application of this doctrine to corporations	515

CHAPTER XIX	567

property is liable for the negligence of independent contractors 621 General rule	568

When proprietor under the duty of supervising the work	596

Application of this doctrine to municipal corporations	602

Further of this doctrine	609

Liability of railroad companies for trespasses of their contractors	616

General statement as to who are independent contractors	622

Some illustrations of this statement	623

Statement of the rule in case of building contracts	624

Illustrations in case of building contracts	625

In case of railway contracts	626

Further illustrations in the case of railway contracts	627

Other railway illustrations	628

Working by the day or by the	629

Cases where the person working by the job was held to be a servant	630

Cases where one working by the day was held to be an independent contractor	631

Other illustrative cases	632

Illustration in the case of sewage escaping into the cellar of a neigh	639

But the American doctrine decisively against that case in respect	647

How this duty of taking care statute is no more than prima	653

CHAPTER XXIII	656

Liability of gaslight companies for damages caused by the escape of illuminating	658

Further of this liability	659

Liability of gas companies for explosions on the premises of their customers	660

Liability of gaslight companies for failing to shut off gas during a conflagration 723 Negligence in the use or waste of natural	661

Contributory negligence of the gas consumer	662

Questions of evidence in actions for injuries from	664

CHAPTER XXIV	666

Scope of this chapterrailway fires separately treated 727 The commonlaw liability for damages by fire that of an insurer	667

This onerous liability restricted by statute in England	668

In America no liability except for negligence 730 Measure of diligence reasonable or ordinary care	669

This rule applicable to the use of fire in clearing land	670

Whether the fact of the fire being communicated from the premises of another is prima facie evidence of negligence	671

Facts which have been held evidence of negligence in setting or guarding fires	672

Facts not sufficient to raise a presumption of negligence in setting or guarding fires	673

Further of proximate and remote damages in case of the spread of fires	676

Unnecessarily exposing combustible materials 739 What if two fires proceeding from different sources unite and cause damage	677

Liability for erecting objects or doing acts which prevent the extin guishment of fires	678

Liability for fires communicated by steam threshing machines 742 Liability for fires communicated by steam sawmills	680

Negligence in the use of fire in manufacturing and other mechanical works	681

Liability for fires communicated through the negligence of an inde pendent contractor 745 Liability how affected by relation of the landlord and ten...	682

Statutes prohibiting or restraining the setting of fires in dry woods marshes prairies	685

Construction of the Iowa statutes	686

Proprietor liable to stranger after accepting the work from the con	687

Contributory negligence of the person damaged	688

Facts not imputable as contributory negligence	689

Exposing ones property to fire	691

Questions of evidence in actions for damages from fire	692

Damages precluded by an agreement with the person setting the fire 754 Not liable for fire set by ones own agent to accomplish a criminal purpose o...	693

CHAPTER XXV	694

Further as to the care to be used	709

Rule where the persons blasting have been in the habit of giving	710

No liability for doing a lawful 15 Demonstrative evidence of neg	716

Stealing each others electricity	750

CHAPTER XXVIII	752

Liability for vending a dangerous drug without any label	753

Vending defective machines 821 Illustrative cases showing liability for vending dangerous goods	754

Other illustrations of liability for vending dangerous goods	755

Liability for vending unwholesome foods 824 Cases limiting or denying the foregoing principles	756

Further decisions limiting this doctrine	757

Other such decisions	758

Cases which proceed on the ground of fraud or misrepresentation	759

Decisions which extend the same doctrine to negligence	761

No recovery on any theory in the absence of negligence fraud or other wrong	764

No recovery in the case of the intervention of separate responsible agency	765

Liability for letting or lending dangerous machines	766

Liability for selling drugs to minors in violation of statute 833 Liability of carrier for receiving and shipping dangerous goods 834 Contributory negl...	768

Liability for damages caused by spreading contagious diseases	769

Railroad companies liable for the negligent killing of dogs	807

What will justify killing the dogs of another	818

Liability how affected by the relation of husband and wife	825

CHAPTER XXXIII	851

Liability for trespasses by diseased animals	853

Liability for selling diseased animals 921 Liability for importation of cattle infected with Texas fever	854

Contributory negligence of owner whose cattle are infected 923 Persons importing or failing to restrain infected cattle must have had knowledge that ...	856

Construction of various statutes 926 When both vendor and purchaser of diseased animals properly joined as defendants	857

congressional legislation not exclusive 928 Remedy of owner for the killing of his diseased animals by the State 929 Duty to warn other owners 930 ...	858

CHAPTER XXXIV	860

Further of contributory negligence in this connection	861

CHAPTER	869

No obligation to keep ones premises safe for the benefit of tres	871

Injuries to trespassers licensees etc upon vessels	877

Injuries to animals caused by failing to maintain fences in compli	883

SECTION	885

Doctrine that the proprietor or occupier owes a duty of protection	891

Liability for Injuries from Defects in Business Houses or Grounds SECTION 985 Liability for injuries from dangerous places in business houses or gr...	904

Rule does not protect those who come upon business premises for their own purposes exclusively	906

No liability for unsafe condition of those parts of premises not in tended for visitors or customers 989 Circumstances qualifying this rule	907

Illustrations of rule as to entering by an unprovided way 992 Cases where this rule does not apply	910

Duty to give warning of danger SUBDIVISION 4 Liability for Injuries from Defects in Public Houses or Grounds etc SECTION	911

Injuries to persons visiting public houses public exhibitions etc 995 Further of the obligations assumed by the proprietors and man agers of such plac...	913

Cases illustrating this obligation of care presenting questions for jury	914

Further illustrationsProprietors liable	915

Further illustrationsProprietors exonerated	916

Injuries in or about public school buildings 1001 Injuries from defects in public hospital buildings	918

Liability of railway companies for injuries through defects in their stations and grounds 1003 To what class of persons this liability extends	919

To what persons this liability does not extend	920

Degree of care due to persons using such stations and premises	921

Illustrations of negligence of railway companies in this particular	922

Liability for injuries received upon public wharves and piers	923

Liability for injuries upon tollbridges	925

Liability for failing to provide fireescapes	926

Liability for Endangering Passage over Private Ways SECTION 1012 Landowner liable for endangering passage over private roads or ways	927

American cases where it was so held 1014 English cases so holding	928

Contributory Negligence of the Person Injured SECTION 1019 Acts imputing contributory negligence to the person injured	932

Instances of contributory negligence continued	933

Circumstances under which contributory negligence not imputed as matter of	934

Circumstances under which contributory negligence a question for the jury	935

Other illustrations	936

Application of the doctrine of imputed negligence in these cases	937

Contributory negligence in case of injuries from trespassing animals	938

Contributory negligence of children in such cases	939

Contributory negligence in case of infecting animals	940

Contributory negligence in the improper surgical treatment of	941

Other illustrations of the rule which exonerates proprietors	943

Decisions holding the landowner liable	944

Decisions holding proprietors liable on the ground of attractive nuisance	945

erecting a nuisance attractive to children	946

Cases supporting and illustrating the attractive nuisance doctrine 1034 Other attractive nuisance cases	948

Other cases dealing with the doctrine of attractive nuisances denying and affirming	949

Liability of railway companies for injuries to children by un guarded and unfastened turntables	950

Cases affirming and illustrating this liability	951

Degree of care demanded of railroad companies by this rule 1039 Contributory negligence of the parents under this rule 1040 Doctrine that railway ...	952

Railroad companies not liable to children intruding into their yards 1042 Owners of property leaving dangerous objects unguarded liable to trespassi...	953

Authority of the leading case of Lynch v Nurdin	954

Shaken by the case of Hughes v Macfie	955

And by Mangan v Atterton	956

Question left unsettled in England	957

Doctrine of Lynch v Nurdin generally adopted in the United States	958

Doctrine of Lynch v Nurdin denied in some American jurisdictions	959

Theory that a child of tender years can not be a trespasser for the purpose of exonerating the proprietor	960

Invitation to children to come upon the premises	961

FALLING WALLS SECTION 1055 Liability for damages from falling walls 1056 Tendency of modern courts to place this liability on the footing of...	963

Decisions which assimilate it to the liability of an insurer 1058 Duty of owners or lessees of buildings having defective walls	965

Further as to this duty and corresponding liability	966

Injuries caused by walls falling upon adjacent premises 1061 Liability for dangerous walls as between landlord and tenant	967

Proximate and remote damages from falling walls 1063 Contributory negligence in case of injuries from falling walls 1064 Liability of owners of par...	969

Degree of care required of property owner in keeping his premises	970

Or where he maintains dangerous nuisances on his land near the highway	971

His liability to adjoining landowners	972

Whether trustees liable	973

When municipal corporations liableWhen	974

Who else liable and who	975

averment that plaintiff was upon the premises by invita	976

CHAPTER XXXVI	977

What this degree of care demands of the proprietor	981

The same protection extends to customs officers water inspectors	982

Duty to give warning of defects 1081 Injuries received in using freight elevators	983

Evidence of negligence in the construction repair and operation of passenger elevators	984

Further of evidence of negligence in such cases	985

Facts to which negligence has been imputed	986

Decisions exonerating the owner of private way from liability	1015

THE LAW OF THE ROAD ART I Collisions of Teams and Vehicles with Each Other 1283	1063

COLLISIONS OF TEAMS AND VEHICLES WITH EACH OTHER SECTION 1283 Degree of care exacted of travellers on the highway 1284 Injuri...	1135

Cases where this law of the road does not apply	1142

Collisions with teams approaching from behind	1144

Duty where teams approach each other in the dark 1292 Construction of statutes enjoining the duty of keeping to the right	1145

THE LAW APPLICABLE TO HIGHWAY IN VARIOUS SITUATIONS SECTION 1294 Liability for injuries from leaving horses unhitched and una...	1147

Further of leaving horses unhitched and unattended	1148

Injuries by fire insurance patrols street railway repair wagons	1163

Injuries by the iceman 1312 Injuries from the use of steam traction engines on the highway	1164

Negligence in unloading over a sidewalk 1314 Negligence in leading horses in the street 1315 Evidence of negligence in these cases	1165

Evidence which did not disclose negligence	1166

Questions of the admissibility of evidence	1167

Questions for the jury	1168

CONTRIBUTORY NEGLIGENCE OF THE PERSON INJURED SECTION 1322 Contributory negligence of the person injured generally a question ...	1169

Facts to which contributory negligence not ascribed as matter of	1170

Jury how instructed as to contributory negligence 1325 Recovery not barred because the person injured negligently exposed himself	1171

How far a defense that plaintiff was himself violating the law of the road	1172

Not contributory negligence to fail to anticipate the negligence of a person driving in the road	1173

Contributory negligence of foot passengers run over by horses and vehicles	1174

Whether contributory negligence for footman to fail to look for ap proaching teams	1175

Doctrine of imputed negligence in cases of collisions on the high	1176

Case withdrawn from jury where evidence equally consistent with conclusion of care or negligence 1332 Right of recovery where the concurring act ...	1177

BICYCLE LAW SECTION 1335 Bicycles are vehicles and have the same rights as other vehicles 1336 Reasonableness of municipal bylaws regulatin...	1178

wounds received from animals	1196

Prior negligence of plaintiff and subsequent unlawful act of	1197

Liability for injuries from teams standing upon the public streets 1297 Liability for damages arising from collisions with runaway horses 1298 Injurie...	1210

Liability for injuries caused by fast driving and racing 1300 Relative rights of foot passengers and teamsters 1301 Vehicles running over foot passen...	1211

Surgeons employed by steamship companies railway companies etc 634 Owner and charterer of ship 635 Stevedores loading and unloading vessels	1214

Liability of shipowner or charterer to servant of stevedore 637 Mineowner and master oredigger 638 Licensed carriers drovers warehousemen water...	1215

Facts not regarded as raising an imputation of negligence 1086 When contributory negligence ascribed to the person injured	1216

Accidents ascribed to childish inexperience indiscretion and mis fortune	1217

Protection held not to extend to firemen and fire patrols	1219

SECTION	1222

When the malice and motive of the servant an evidentiary fact	1225

Whether defense of contributory negligence admissible under gen	1235

The modern doctrine stated 646 Cases where the proprietor stands liable under the modern doctrine 647 Proprietor continues liable for his own negli...	1237

Where the work is in its nature dangerous and likely to lead to mischief	1238

Derechos de autor

Términos y frases comunes

accident act or omission Allen Mass avoid bridge Chicago &c child circumstances collision common law comparative negligence Conn consequence contributory negligence court crossing danger death deemed the proximate defect defendant defendant's degree doctrine duty employé engine exercise of ordinary fact failure fault fire gence guilty held highway horse Illustrations imputed intervening intervening cause Iowa jury killed landlord liable Louis &c Louisville &c Minn Missouri &c N. E. Rep N. Y. St N. Y. Supp negligence per se obstruction owner party passenger pay damages person injured plaintiff Post produced proximate cause prudent question Rail railroad company railway company railway train reasonable recover damages recovery result right of action rule section is cited section is referred servant statute sui juris third person Thomp tion track traveller trespass Turnpike Co U. S. App wagon want of ordinary York &c

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Título	Commentaries on the Law of Negligence in All Relations: (including a Complete Revision of the Author's Previous Works on the Same Subject) Volumen1 de Commentaries on the Law of Negligence in All Relations:, Seymour Dwight Thompson
Autor	Seymour Dwight Thompson
Editor	Bowen-Merrill Company, 1901

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