Imagens das páginas
PDF
ePub

Duty to provide safe place and appliances 6. Respondeat superior. Clancy v. Bar-
for servant; duty not only to make, but to ker (C. C. App. 8th C.)

653
keep, place of work safe; delegation of duty

7. Sic utere tuo ut alienum non ledas.
to agent; liability for nonfeasance as well Youghiogheny River Coal Co. v. Allegheny
as misfeasance of agent as to duty; failure Nat. Bank (Pa.)

637
of agent to give necessary signal; foreman

8. Ubi jus ibi remedium. Pavesich v. New
acting as representative of master in or-

101
dering work at particular place; assump-

England L. Ins. Co. (Ga.)
tion of risk by servant; right to assume

9. Volenti non fit injuria. Dill v. Mar.

163
that there is no danger in obeying specific mon (Ind.)
order; determining vice principalship with

NOTES AND BRIEFS.
respect to character of act causing injury;
foreman as fellow servant; liability of mas-
ter for negligence of fellow servants in us-

Maxims; ex turpi causa non oritur actio.

63
ing tools or in making place of work un-
safe; right to delegate superintendence of

Expressio unius est exclusio alterius, 830
work; adoption by servant of more danger-

MEMORANDUM.
ous method of doing work; master not

Admissibility in Evidence, see Evi-
bound to furnish implements.of the best or
most approved pattern; failure to guard

DENCE, 8-10.
against accident that could not reasonably

MENTAL ANGUISH.
have been anticipated.

164

Damages for, see DAMAGES, 12, 14.
Duty to provide safe place of work; fail-
ure to box machinery; duty to warn of

MILL POND.
danger; evidence of custom to guard ma-
chinery.

909

Right to Enjoin Lowering of Water of,

see INJUNCTION, 1.
Who are vice principals; statute making
railroad companies liable for injury to em-

NOTES AND BRIEFS.
ployee by superior servant; applicability to
private railroads; liability of receiver of

Mills; reasonable use of mill pond; rights
railroad for injury to employee; question of mill owner in water.

933
whether person is fellow servant one of gen-
eral, and not local, law.

Test as to whether one is vice principal or Rights of Life Tenant in Oil Wells, see
fellow servant; delegation of master's duty

LIFE TENANTS, 2.
to agent; duty of master to inspect instru-

The leaving of surface supports is not
mentalities ; right of servant to rely on per- within a provision in a sale by the owner
formance of duty; delegation of duty of in- of coal in place of the vein, which is held
spection; assumption of risk by servant of subject to the duty of supporting the sur-
defects in instrumentalities.

937

face, by which he undertakes to indemnify
Validity of statute abrogating fellow serv the purchaser for any liability for any dam-
ant rule as to corporations.

876

age which may result to the surface “by
Liability of innkeepers and carriers for reason of the skilful and careful mining and
injuries to guests and passengers by sery- taking away of the coal,” but the words re-
ants; liability of proprietors of theaters, fer solely to the manner of working the
saloons, stores, etc.; servant not acting vein. Youghiogheny River Coal Co. v. Al-
within scope of duty.
643 legheny Nat. Bank Pa.)

637

706 MINES.

MAXIMS.

NOTES AND BRIEFS.
1. “Every man's house is his castle.”
Pavesich v. New England L. Ins. Co. (Ga.)

Mines; grant or reservation of lands and
101

minerals; right of surface owner to sup-
port.

637
2. He who seeks equity must do equity.

Interest of widow entitled to life estate
Campbell v. Justices of Superior Court

in mines underneath land; right to propor-
(Mass.)

31)
3. Nemo debet bis vexari pro eadem causa. mainder-men; waste by life tenant in drill-

tion of oil produced from wells opened by re-
Hunt v. Darling (R. I.)

497

ing well; interest of life tenant generally in
4. Nullus videtur dolo facere qui suo jure minerals under land.

986
utitur. Ex parte Chace (R. I.)

493
5. Qui facit per alium facit per se. State MINORS.
v. Guglielmo (Or.)

466 See INFANTS.

Id.

on

OF

se-

as

MORTGAGE.

legal because the cause or reasons of its
Estoppel to Plead Limitations as De enactment are not given, nor because it

fense to Forecloseure Suit, see Es- punishes as a nuisance what neither by it
TOPPEL, 7.

nor by another ordinance is expressly de-
Rights of Mortgagee under Policy, see clared to be such.
INSURANCE, 7.

4. Authority to a municipal corporation
Right to Foreclose Mortgage to Satisfy to regulate the storage of combustible and

Outlawed Note for Interest inflammable materials includes authority
Note Secured by the Mortgage, see to prohibit the storage of refined and other
LIMITATION OF ACTIONS, 4.

explosive oils within the corporate limits;
Securing Series of Notes; When Limi- and an ordinance so providing is not un-
tation Begins to run on, see LIMI- reasonable.

Id.
TATION OF ACTIONS, 5.

5. A special ordinance granting to a par-
Effect of Payment of Taxes by Pur: ticular person permission to store refined

chaser of Premises on Running of oils within the corporate limits of a town
Limitations, see LIMITATION

is repealed by a subsequent general ordi-
ACTIONS, 7.

nance, applicable to all persons alike, mak-
See also FIXTURES.

ing such storage of oils a criminal offense.
NOTES AND BRIEFS.

Id.

Liability for injuries.
See also INSURANCE.

In Highway, see HIGHWAYS, 5-9.
Mortgage; to secure note; effect as 6. A municipal corporation has no right
curity for second note given for interest on to prevent the use by its owner, in a law-
first one.

261 ful way, of a paved strip between the street
Jurisdiction of equity of suit to foreclose line and a building set a few feet back
mortgage in other state or country. 682 from the street, where there is nothing to
Chattel mortgage on growing crops. 827 show that the strip has ever become a part

of the highway, or that the municipality
What property will pass

fixtures

has so treated it. Temby v. Ishpeming
under mortgage; things placed on land, but

(Mich.)

618
not yet affixed; intent to affix. 893, 900

7. A municipal corporation is not liable
MUNICIPAL CORPORATIONS. for injuries to a traveler upon a sidewalk
Authorizing Condemnation of Land through the fall of a billboard insecurely

for Park Purposes, see EMINENT placed by an abutting owner upon his own
DOMAIN, 4.

property near the edge of the street, under
Right to Value of Sewer and Water a statute requiring it to keep its streets

Id.
Pipes under Streets Taken by Fed reasonably safe and fit for travel.
eral Government, see EMINENT

NOTES AND BRIEFS.
DOMAIN, 14.
Liability of Official for False Imprison-
ment, see FALSE IMPRISONMENT, 2.

Municipal corporations; liability for in-
Rights and Liabilities as to Highway, stone on sidewalk.
jury to person by falling over stepping

84
see HIGHWAYS.
Rates Charged by, for Water,

Power to regulate lawful business; char-
WATERS, 3-5.

ter authority to make by-laws or ordi-

nances in certain cases; power limited to
Authority to license.

and objects specified; legislative
As to Automobiles, see AUTOMOBILES.

power to make ordinances for its own gov-
1. Authority .given to a municipal cor-ernment; effect of duty to recite in ordi-
poration to regulate includes authority to

nance necessity for its passage; to recite
license as a means of regulation when it authority under which enacted; effect of
cannot be otherwise accomplished. People fact that general ordinance injures in pe-
v. Schneider (Mich.)

345
culiar

way particular individual;
Ordinances.

validity of ordinance regulating storage of
Prohibiting Storage of Explosive Oils inflammatory substances.

276
within Corporate Limits, see Con-

No power to pass ordinance conflicting
STITUTIONAL LAW, 10.

with terms of charter; ordinance requiring
2. An ordinance which applies alike to registering and numbering of automobiles,
all persons, firms, or corporations engaged and compelling owners to take out license;
in the business legislated against is not dis-

power of legislature to delegate to munici-
«criminatory. Crowley v. Ellsworth (La.) palities regulation of street traffic; power

276

of common council to provide for general
3. An ordinance is not informal or il- | health, and to abate nuisances.

346

see

cases

a

[ocr errors]

or

nian

man

same

SO

as

or

Occurrenee.

St.

Power to abate nuisance; arrest of from the upper floor to the ground so that
motorman to abate nuisance caused by run a tenant of such floor, in seeking to escape
ning of trolley cars.

350 a fire, is compelled to drop a considerable
Liability for injury by defect in side distance to reach the ground, is liable for
walk; right to recover over against prop the injury resulting to him therefrom.
erty owner amount paid or judgment for Cohn v. May (Pa.)

800
such injuries; ordinance imposing on prop- Contributory negligence.
erty owners duty of keeping walks free 6. The mere act of one rightfully on
from ice; provision that, in case of failure board vessel, of leaning against,
to do so, city will remove it at owner's ex- wholly sitting upon, a bitt around which
pense; effect of such provision on liability runs a line used in shifting the position of
of city for injury.

489 the vessel, is not negligence on his part.
Liability for injury to traveler on side. Steam Dredge No. 1 (C. C. App. Ist C.) 293
walk by fall of billboard on abutting 7. Intoxication does not relieve a
property.

618 from the degree of care required of a sober
Legislative authority to improve roads

under the

circumstances.
outside of city limits; to enforce police Vizacchero v. Rhode Island Co. (R. I.)
ordinances; to condemn property beyond

188
limits; power of city to take land for park Imputed negligence.
purposes.

750 8. Negligence of a locomotive engineer,

which results in a collision, is not imput-
NEGLIGENCE.

able to the conductor in charge of his train,
Of Bank, see BANKS, 3–7.

to prevent a recovery for injuries
Of Depositor in Bank, see BANKS, 8, 9. thereby caused to the latter, where the con-
Of Carrier or Passenger, see CARRIERS. ductor could not have controlled the action
In Highway, see HIGHWAYS.

of the engineer at the time of the accident,
Of Master or Servant, see MASTER AND

have prevented its
SERVANT.

Louis & S. F. R. Co. v. McFall (Ark.) 217
Uncertainty of Allegations as to, see *9. The owner of a wagon, seated beside
PLEADING, 3.

the driver whom he employs, is chargeable
Proximate Cause of Injury or Loss, see with the driver's negligence in attempting
PROXIMATE CAUSE.

to cross a street car track in front of an
Of Railroad Company, see RAILROADS. approaching car which is in plain sight.
Of Street Railways, see STREET RAIL Markowitz v. Metropolitan Street R. Co.
WAYS.
(Mo.)

389
1. Gross negligence does not include Last clear chance.
ordinary negligence, and proof of the for-

See also STREET RAILWAYS, 9.
mer does not prove, but rather disproves, 10. No peculiar rule which can be de-
the latter. Rideout v. Winnebago Trac- duced from the doctrine of last clear
tion Co. (Wis.)

601 chance, as originated in Davies v. Mann,
2. The term "gross negligence" signifies

be applied in admiralty
wilfulness; it involves intent, actual or

can

an

case.

Steam Dredge No. 1 (C. C. App. Ist C.)

293
constructive, which is a characteristic of
criminal liability.

Id. 11. To make applicable the doctrine of
3. The term “negligence" by itself sug.

last clear chance, it must clearly appear
gests only inadvertence or want of ordi. that the negligence of one person was sub-

Id.
nary care, and, however great may be the sequent to that of the other.
degree of such want of care, so long as the
element of inadvertence remains, wilful-

NOTES AND BRIEFS.
ness is excluded.

Id.

Negligence; last clear chance; negligence
4. A government inspector whose duty in failing to discover perilous position of
it is to see that work is properly done by

party injured.

189
a dredge employed on a government con-

Last clear chance.

389
tract is entitled to protection from negli.
gent acts of those in charge of it, when

Imputing negligence of engineer to con-

219
upon it, even in the intervals when there is ductor.
no occasion for him to be actually engaged In leaving horse or team unhitched or

immediate active duty. Steam negligently hitched in street: fright oi, by
Dredge No. 1 (C. C. App. Ist C.) 293 boy causing runaway; liability for unfore-
Dangerous premises.

seen consequences of act.

246
5. The occupant of the lower floors of a What contributory negligence will defeat
building, who blocks the stairway leading recovery for negligent injury.

29.

in any

new

(c)

to

Negligence concurring with act of God; / which was read before them, comes too late
liability.
509 on a motion for a new trial. Beason V.

193
Care due to sick, infiam, disabled, and State (Tex. Crim. App.)
otherwise helpless persons, with whom no

2. The admission of evidence of the age,
contract relation is sustained :-(I.) Scope at the time of death, of the parents of one
of note; (II.) no duty as between stran killed by accident, for the purpose of show-
gers; (III.) principles which determine | ing his expectation of life, although errone-
duty in certain relations: (a) duty or ous because of remoteness, is not ground
special care due to persons under disability for trial. Rincicotti John J.
in general; (6) limitation upon this duty O'Brien Contracting Co. (Conn.) 936
where disabled party is trespasser; (c)

3. A new trial must be granted where the
duty limited by negligence of person under facts found in a special verdict are insuf-
disability; (d) another's negligence not ficient to support the judgment for plain-
excuse for wilful or wanton injury; (e) tiff by reason of the absence of findings on
summary; (IV.) duty to avoid injury: matters in dispute essential to the com-

(a) to the sick and infirm; (b) to per plete determination of the issues. Beare
sons of defective sight or hearing; (c) to

v. Wright (N. D.)

409
persons in helpless situations: (1) sleep-
ing on railway track; (2) foot caught in

NOISE.
railway track; (3) walking on railway

From Chicken House as Nuisance, see
trestle; (4) falling on railway track; (5)

NUISANCES.
driving frightened horse; (6) instances of
other helpless situations; (V.) duty of per.

NOMINAL DAMAGES.
sons inflicting injury to care for those in.

See DAMAGES, 2.
jured: (a) obligation to prevent aggrava-
tion of injury: (6) what is sufficient per-
formance of obligation; (VI.) knowledge

NONRESIDENTS.
of disability: (a) actual knowledge gen-

Discrimination against, see Coxstitu-
erally necessary to creation of duty; (6)

TIONAL LAW, 7.
when mere belief sufficient to impose duty;
negligent ignorance equivalent

NUISANCES.
knowledge; (VII.) duty to discover an.

Arrest of Motorman to Abate,
other's peril or disability: (a) at places

FALSE IMPRISONMENT,
where people are likely to be present; (b)

Street Fair as, see HIGHWAYS, 3, 4.
whether duty exists as to trespassers; (c)

Conductor Pipe Emptying on Sidewalk
what is sufficient notice of peril or disabil-

as, see HIGHWAYS, 5.
ity: (VIII.) presumptions in absence of

Injunction against, see INJUNCTION, 3.
knowledge of disability: (a) right to pre- The characteristic noises and odors issu-
sume person in peril will help himself; . (6) ing from a chicken house and yard which
limitations upon exercise of such presump- are maintained in a cleanly manner and
tion: (1) warning of danger generally cared for so as not injuriously to affect the
necessary as basis for presumption; (2) health of any normal person in the neigh-
presumption may be repelled by circum- borhood are not a nuisance, although they
stances; (3) “last moment" to which pre may make neighboring property uncom-
sumption may be indulged.

513 fortable as a residence for invalids. Wade
What constitutes reasonable diligence to 1. Miller (Mass.)

820
avoid injury; concurring negligence of two
or more resulting in injury to third party;

NOTES AND BRIEFS.
right to maintain action against one
all.
561 Nuisance; what constitutes.

818
Right to recover for ordinary negligence

Right of person coming to live near
under allegation of gross, wilful, or wanton alleged nuisance; what constitutes. 934
negligence, or vice versa.

601

Power of municipality to abate. 350
Vegligent injury: proximate cause of;

Obstruction of, encroachment
injury committed by act in violation of

565

upon, street as; injunction to abate.
statute.

801

OATH.
NEW TRIAL.

Information, see INDICTMENT AND IN-
For Failure to Insert Certain Facts in

FORMATION.
Special Verdict, see Trial, 21.
1. A claim that the jury in a criminal ODORS.
case was prejudiced by a report of a grand From Chicken House as Nuisance, see
jury as to the enforcement of criminal law,

NUISANCES.

see

[ocr errors]

or

as

OFFICERS.

advertising purposes;

a taking for
Liability for False Imprisonment, see which compensation must be paid.

817
FALSE IMPRISONMENT, 2.
Homicide by, While Making Arrest, PAROL EVIDENCE.
see HOMICIDE.

See EVIDENCE, 12-15.
Removal of Member of Legislature,
see LEGISLATURE.

PARTITION.
Waiver of Right of Privacy by, see
PRIVACY, 4.

NOTES AND BRIEFS.
The title to a public office is held sub Partition; of land in other state or coun-
ject to the constitutional provision giving try; jurisdiction of equity to decree.

692
the right of removal. French v. Senate
(Cal.)

556 | PARTNERSHIP.

Discharge of One Partner in Bank-
NOTES AND BRIEFS.

ruptcy; Effect, see BANKRUPTCY,

7, 8.
Officers; implication of all incidental

Between Husband and Wife, see Hus-
powers necessary for due exercise of power

BAND AND WIFE, 6.
expressly granted; right of attorney gen-
eral to sign indictments found by grand When partnership exists.
jury; presumption in favor of due exe 1. A partner may make an agreement
cution of acts of official nature; offer by with a third person for a division of the
public officer to receive a bribe as a punish- profits coming to him from the partner-
able offense.

176 ship enterprise, and, if the character of
Individual criminal liability of officer or

the agreement is such as to disclose the
agent of corporation.

276

essentials necessary to a partnership, a sub-
Liability of public officials for their acts. partner and the third person; but such

partnership is thereby formed between the
350

person does not become a member of the
What force may be used to make an ar-

first partnership, nor is he liable for the
rest.

382 debts of that partnership.

Morrison V.
Dickey (Ga.)

87
OIL.
Explosive, Prohibiting Extensive Stor-

2. Mutual confidence being the founda-
ing of, within City Limits, see

tion of the partnership relation, the mere
CONSTITUTIONAL LAW, 10.

fact that a member of a partnership is not
Rights of Life Tenant as to, see LIFE

the owner of property which he has em-
TENANTS, 2.

barked in the partnership enterprise—the

same belonging to a third person, who has
NOTES AND BRIEFS.

consented that it may be so used for his

benefit, but whose interest is not disclosed
as mineral; as part of land. 988 to the other member of the partnership-

does not cause a partnership relation to
OPHTHALMOLOGISTS..

arise between the other partner and the
Necessity of License by, Phy. concealed principal of his copartner. Id.

Rights and liabilities between

partners.
ORDINANCE.

3. A woman whose husband is carrying
See MUNICIPAL CORPORATIONS, 2-5.

on a partnership business with her money,

under an agreement that she shall receive
PARDON.

all of his
Of Attorney; Effect, see ATTORNEYS, 1.

re of the profits of the busi-

ness, is liable to account to him for the
PARKS.

amount for which he has rendered himself
Condemnation of Land for, see Emi- liable on account of the purchase of a ma-
VENT DOMAIN, 4-6, 9.

chine by him and his partner for use in the
Sufficiency of Title of Statute as to, business, although she has given him spe-
see STATUTES, 3, 4.

cial instructions not to purchase the ma-

chine, if the machine is in fact necessary
NOTES AND BRIEFS.
or proper for the conduct of the business.

Id.
Parks; parkways as essential part of

4. In case of a subpartnership between
park system; ndemnation of land for husband and wife in reference to the hus-
parks and park ways.

750 band's share of the profits of a business in
Forbidding use of land near park for which he is a partner, a gift by the wife to

Oil;

see

SICIANS.

as

« AnteriorContinuar »