INDEX.

A.

PAGE

Accident, different kinds of, 7

horses frightened by, 5

not sufficient proof of negligence, 106, 177

carriers not liable for unforeseen, 54, 176

number of, 185, 188

Accident Insurance, what is an accident?, 36

Lord Cockburn’ s definition, 36

Michigan definition, 36

Maryland and New York, 36, 37

injury, no accident to car, 37

compensation for injuries, 37, 38

none for loss of time, 38

injuries from external causes, 39

while bathing, 40

caused by negligence, 41

wilful exposure, 42

Acts of Parliament, not those of the Apostles, 119

Agents. (See Servants.)

carrier liable for torts of, 248-251

for wilful acts within range of employment, 248

injured one must show authority of, 248

persons acting, presumed to be, 250

assault by, 249

exemplary damages, 250

carrier liable if agents disobey, 251

but not when they exceed authority, 251

Alighting at Railway Stations, cars should be stopped at safe place, 147, 148

is calling out name an invitation to alight, 152-154

depends on circumstances, 153

stopping of train an invitation, 153

calling out name a mere intimation, 154

jumping off the steps, 150, 151

company should assist at difficult places, 154

passenger should ask train to be put in a proper place, 154

alighting when warned not to, 155

sufficient time must be given, 155

sick or drunken passengers, 156

American Cases, authority of, 109

Anecdote, Lord Kenyon and Erskine, 19

The Devil’s Invincibles, 59

a sleeping-car, 205

Arrests, by carrier’s servants, 166, 251

Authority, Acts in Excess of, arresting to prevent a crime, 166

carriers not liable for acts of agents, 251

B.

Baby, value of leg of, 222

Baggage of Passengers. (See Checking Baggage.)

falling on one’s toes, 123

checking, 95, 96

what is personal baggage?, 158, 162, 240

owner may recover for loss, unless negligent, 82, 159

what is not personal baggage, 160, 165

goods cannot be taken instead of, 161

carrier not liable beyond actual value, 164

notice limiting liability, 165, 239

when liability begins, 236

when it ceases, 258, 259

can only recover for one’s own, 237

left in car by servant, 237

need not be marked with name, 237

carrier liable even if with owner, 83, 238

loss on other lines, 238, 239

money with baggage, 108-110

is a present baggage?, 241

what is sufficient re-delivery, 242, 258, 259

hotel omnibuses, lost in, 242

liability ceases when ready for re-delivery, 257

loss of by fire at station, 257

stolen from warehouse, 258

owner should remove it in reasonable time, 259

not properly packed, 48

carrier has lien on, for fare, 76

Bed-clothing, is it baggage?, 163

Bridge, when municipality must repair, 85

at railway station, out of repair, 93

C.

Calling out name of station, duty of conductor (See Alighting at Stations), 153, 155

Care. (See Due Care, Negligence, Passenger Carriers.)

Carelessness. (See Negligence.)

Of Railway Company, misplacement of switch, 104

injury not positive proof of, 106

Of Injured Party, jumping off platform, 105

running against fixtures, 105

losing money, 110

jumping off train, 150-152

jumping off train in motion, 122, 155, 235

Carriers’ Act, 111

Carrying past Stations, damages for, 120, 121

Change, right to expect or demand, 125

helping one’s self to, 166

Checking Baggage, when must be done, 95, 96

penalty for refusing, 95

not necessary, 158

is merely additional precaution, 159

check is evidence of receipt of baggage, 167

Children, running over, 26, 27

damages for injuring, 196-200

loss of leg and hand, 196

travelling without ticket, 197

misconduct of guardian, 198-200

wandering about, 199, 200

care required of parents, 200

damages for death of, 218, 219

value of limbs of, 196, 222

Cloak Room, should be kept open, 164

Colored Persons, separate cars for, 128

Compensation. (See Accident Insurance, Death, Damages.)

Conductor, wilful delay of, 101

his hat and badge, 111

his duty when there is fighting in cars, 126, 127

whom he may refuse to receive, 126

when he may eject passenger, 131

is the agent of company, 133

carelessness of, 170, 171

should call out names of stations, 155

kissing a traveller, 249

Crossings. (See Railway Crossings.)

C’rum Cater, 147

D.

Damages. (See Passenger Carriers, Negligence.)

from bad roads, 30, 33

trains behind hand, 98, 99

unpunctuality of trains, 99, 100

passenger carried too far, 120, 121

passenger bitten by dog, 124

passenger injured by others, 127

passenger unlawfully ejected, 132, 135

too remote, 133

for loss of baggage. (See Baggage.)

injury caused by vis major, 178

unforseen accidents, 176, 182

discoverable defects, 177, 179

injuries to children. (See Children.)

to passengers and employees, 209, 226

injuries producing death. (See Death.)

amounts recovered for injuries and death, 218-223

excessive, ground for new trial, 222

prospective, 223

for what injuries given, 223, 224

Deadhead. (See Free Passengers.)

Death Produced by Injuries, remedy for, purely statutory, 209

Lord Campbell’s Act, 209

who may sue for damages, 210

damages for pecuniary loss, 210

for mental anguish, 210-212

loss of wife, 212

loss of mother, 212

death must not be instantaneous, 214

different rules as to amount of damages, 214-217

damages not to be full compensation, 217

deceased diseased, or of bad character, 217

or heavily insured, 217, 218

amounts given, 218-220

settlement before death, 218

Delay, carrier liable in damages for, 98, 99

from bad roads, 25

Devil’s Invincibles, the, 59

Dog, company responsible for acts of, at station, 124

lost dog, 235

Driving. (See Stage Coaches, Road.)

negligence in, chapters I. and II.

owner, if driving, responsible, 13

carriage jointly hired, joint liability, 13

too fast, 22

upsetting, 23, 29, 56

turning out, when, 23

running over children, 26, 27

running against drunken men, 28

driver must be capable, 29

horses running away, 31-34, 55

horses shying, 32

horses and carriage must be sound, 33

need not examine carriage every day, 65, 66

in dangerous places, 84

Drunken Passenger, when carrier may refuse to take, 126, 127

when conductor must assist, 156

Due Care, what it is, 182

carrier must exercise, 176

not enough to give up passenger’s corpse, 176

carrier must use best precautions in practical use, 177

E.

Eviction from Cars, for not showing ticket, 125

Excessive Damages, a ground for new trial, 222

Excursion Trains, company liable for accidents on, 202

F.

Fare. (See Tickets, Passengers.)

passenger refusing to pay on cars, 125

prepayment on stages, 45, 47

if paid, seat reserved, 46

if not prepaid, payable at end of journey, 47

carrier has lien on baggage for, 76

but not on passenger, 76, 139

tendering at last moment, 125

must be paid even if no seat provided, 130

Ferryman, Fare in advance to, 68

must provide safe boats, etc., 68, 69

liable for safety of horses, though driven by owner, 69, 70

must work at all times, 70

horses jumping overboard, 70

Fighting in Car, 126, 127

Fingers, Squeezing, in Car, 170, 171

Fire, baggage burnt at station, 257, 258

Fishing-Rod, is personal baggage, 243

Fog, accidents arising from, 54

Free-pass Holders, entitled to be carried safely, 201, 202

unless special agreement exempting carrier, 202, 204

newsboy, 204

loss of baggage of, 236

G.

Getting on and off, stage coach, 79

train in motion, 155, 235

Good for this day only, ticket marked, 114

or “for this trip”, 114

“for twenty days from date”, 115

Gun and Pistols, considered personal luggage, 243, 244

H.

Hand, value of a, 220

Horses Running Away, 31, 34, 55

Husband and Wife, entitled to carry double baggage, 107

henpecked husband’s will, 213

injuries to wife, 224

I.

Ice and Snow, on roads and sidewalks, 8, 9

falling off houses, 10

on railway platforms, 94

Indian Railways, 175

Indecision, 75, 163

Infirm and Aged People, accidents to, 11, 12

Insurance against Accidents, 36-42

Invitation to alight. (See Alighting at Stations.)

Iron Horse, injuries from charge of, 104

J.

Jewelry, is personal baggage, 240, 245

Jumping off stage coach, 50

train in motion, 122, 155, 235

through fear of accidents, 122, 156

Junctions, liability of various companies at, 123

Jury, decisions of, 195

K.

Kiss, company pays for conductor’s, 249

L.

Ladies’ Car, who may use, 129

when train full men may enter, 130

Lawyers, 76, 77

Leg, value of a, 221

value of a baby’s, 222

Limitation of Liability, of carriers for baggage, 165, 239

Locomotives, must ring or whistle at crossings, 64, 88

Loss of Time, 224

Lost Baggage. (See Baggage.)

Lost Ticket. (See Ticket.)

loss of ticket falls on passenger, 117, 118

even though previous purchase proved, 119

M.

Man run over, 232

Master. (See Railway Company, Stages, Steamboat.)

when liable for acts of servants, 2, 3

Matrimonial Prospects, damages for injuries to, 224, 225

Merchandise, not personal baggage, 245

Money of Passengers, when carrier liable for, 82, 108-110

negligence of passengers, 83, 110

not beyond a reasonable sum, 108

Musical Instruments, are they personal baggage?, 244

N.

Negligence of Party. (See Passenger Carriers.)

in charge of children, 27

in driving, 30-34

plaintiff in fault, 28

party is affected by driver’s negligence, 65

at stations, 105

arms and legs projecting, 169

injury received in alighting, 151, 152

in entering car, 171

on platform car, or in baggage, wood, or freight car, 190-194

no room inside, 191

party in express car, 192

when killed, 210

Negligence of Railway Companies, injury not sufficient proof of, 106

starting train too soon, 122

baggage falling on passenger, 123

stopping at unsafe places, 147-153

defect in car window, 169

squeezing fingers, 170, 171

unforeseen accident, 176

injury primâ facie proof of negligence, 177

latent defects, 181, 182

loss of a dog, 235

not whistling at crossings, 64

(See Railway Company, Stations.)

Negligence of Servants, in driving, 2, 3, 4

towards fellow-servants, 4

baggage falling off track, 127

Negligence of Stage Coach Owner, liable for negligence of driver, 50, 51

drivers must watch where they go, 51

plaintiff’s negligence, 51

owner answerable for smallest negligence, 52

or defects in the coach, 52

unless defects are hidden, 52

driver must be discreet, and all things sound, 53

owners not actual insurers, 54

real accidents, 54, 55

horses running away, 55

passenger suffers from driver’s neglect, 56, 65

party falling in ascending, 79

damage from rain, 81

acts of God, 81

driver charging for parcels, 83

dangerous places, 84

P.

Passenger. (See Fare, Ticket.)

By Coach.

negligence of driver affects passenger, 56, 65

driver must stop at usual places, 78

By Railway.

on wrong train, 122

refusing to pay, may be put off, 125, 131

tendering fare at last moment, 125

drunk and disorderly, 126, 127

may be excluded for bad conduct, 127

should be treated with respect, 129

without seat, must pay, 130

but may sue the company, 130, 131

when he may be put off, 131

ticket mislaid, 132

damages for ejectment, 132-134

killed in being put off, 135

better quietly submit to conductor, 135, 136

getting off at intermediate stations, 137, 140

not delivering up or showing ticket, 137

rights at way stations, 140, 141

must conform to regulations, 190

in improper places, 190-193

walking through train, 194

Passenger Carriers, not insurers, 54, 176, 181

extent of liability, 52-54, 181-184

Pedestrians, may walk on road, 3, 15

must look out at crossings, 15

R.

Railway Accidents, very few, 185-188

Railway Companies. (See Negligence.)

sign-post in the way, 67

letting off steam at crossing, 67

must take more care of passengers than strangers, 92

need only stop at usual places, 121

must maintain order, 127

must forward passengers if line blocked, 173

are not insurers of passengers, 176, 181

extent of liability, 176, 180

rule in England as to liability, 178

in New York, 177

do not warrant that car is perfect, 181

presumption when passenger injured, 177, 180

responsible for utmost care, 176, 178, 183

obligation extends to all apparatus of transportation, 177, 178

perfect apparatus not expected, 177, 182

degree of care required,181-184

must adopt every precaution in known use,177

contributory negligence, 190

seats must be provided, 190, 191

too many in train, 192

injuries to children. (See Children.)

responsible for all lawfully aboard, 201

may limit liability, 202-204

limitation does not extend to independent wrongs, 203

injuries producing death. (See Death.)

liability for acts of agents and servants. (See Agents, Servants.)

bad construction of line, 208

rule as to passengers and employees, 209-228

wrongs done by strangers, 232, 233

when liability for baggage ceases, 257, 258

afterwards liable as warehousemen, 257

Railway Act of 1868, 119

Railway Crossings, people must look out at, 63, 64

letting off steam at, 67, 68

watchmen not always needed at, 88

when crossing dangerous, 89

bell or whistle to be sounded at, 64, 88, 89

diligence required in crossing, though bell is not rung, 64, 90, 91

negligence of driver of carriage affects all in it, 65

leaving railway gates open, 90

rails must be level with road, 92

Railway Police, 167

Railway Stations. (See Alighting at Stations.)

company liable for dangerous access to, 93, 145

dangers at, 94, 104

must be fit for occupation, 103

must be careful at, 106, 141

ferocious dogs at, 124

platforms, 106, 145, 154

hole in platform, 143

should be properly fenced, 144

should be lighted, 145

Road, should be kept in repair, 8, 57

slippery, 8

repair depends on locality, 11

railing giving way on, 12

accidents on Sunday on, 18, 19

snow and ice on, 23, 24

when impassable may go in fields, 24, 26

deviating from, 29

Road, Laws of the. (See Driving.)

keeping on right side, 14

greater care needed on wrong side, 14, 70, 73

rules in England, Canada and United States, 71

may be departed from, 72

passing laden wagons, 72, 74

not applicable to buildings, 74

Runaway Horses, injuries done by, 6, 31, 55

Rural Sights and Sounds, 60, 64

S.

Samples and Patterns, not personal luggage, 165

Servants. (See Masters, Railway, Stage.)

when master liable for acts of, 3

master in general not liable for injuries to, 4

negligence of fellow-servants, 226-228

improper servants or machinery, 226

who is a fellow-servant?, 228

servants of different grades, 228

Sidewalks, should be safe and in repair, 8

slippery, 9

Sleeping-car Scene, 205

Smoking-car, 130

Snakes and Eels, 6

Snow Blockade, duty of company, 173

on Pacific Railway, 175

Stage Coaches. (See Negligence.)

literature of, 44

payment of fare. (See Fare.)

owner warrants soundness of stage and equipments, 45, 46, 53

reserving inside, 46

racing, 49

negligence of driver, 50, 51

passenger entitled to seat as agreed, 46, 79

jolted off, 57

time for refreshments, 78

when fare paid, seat may be taken at any time, 79

owners not actual insurers, 54

Stations. (See Railway Stations.)

Stairway, slippery, 94

Stopping at way stations, 115

Strangers, acts of, 102

Sunday, deeds of necessity and charity allowed on, 16, 17

visiting sweetheart, 16

going to church on, 17

accidents on, 18

T.

Telegrams and Telegraph Companies, specimen telegrams, 252, 255

company responsible for negligence, 252

notice as to repeating telegrams, 252, 254

effect of notice, 254, 255

does not free from wilful mistakes, 254

or delay in delivery, 254

sender must be aware of the rule, 254

company liable for their own default, 253

who may sue, 253, 254

Ticket, not proof of contract to carry, 101, 121

annual or season, 111

passenger need not buy before starting, 112, 125, 138

must be produced when demanded, 113

exchanging ticket for check, 113

“good for this day only”, 114

“good for this trip only”, 114

unmutilated, but old, 114

coupon ticket, 115

cannot be used twice, 115

if journey interrupted, ticket useless, 116

if lost, fare must be paid again, 117, 118, 139

even if previous payment proved, 118, 119

producing ticket, or eviction, 125

ticket mislaid, 132

unlawfully taken by conductor, 133

discount on, 138

children without, 197

through ticket, 230, 231

Time Tables, representations in, 98

must be produced, 101

proof of, 101

change of, 99

Title Deeds, not personal baggage, 160

Tobacco-perfumed Stations, 103

Track, must be kept in order, 229

Trains, must be run at regular hours, 96

time of starting must be advertised, 96

unpunctuality of, 98, 99

missing connection, 99, 100

taking special train, 100

separate car for colored people, 129

ladies’ car, 129

excursion trains, 128

smoking car, 130

starting too soon and without notice, 140, 141

running over a man, 232

Travelling in Carriage, within meaning of accident ticket, 40, 41

U.

Upsetting. (See Driving.)

V.

Velocipedes are nuisances, 12

W.

Walking on Track, 92

Windows of Car, falling down, 169

need not be protected, 170