Duty to provide safe place and appliances
for servant; duty not only to make, but to
keep, place of work safe; delegation of duty
to agent; liability for nonfeasance as well
as misfeasance of agent as to duty; failure
of agent to give necessary signal; foreman
acting as representative of master in or-
dering work at particular place; assump-
tion of risk by servant; right to assume
that there is no danger in obeying specific
order; determining vice principalship with
respect to character of act causing injury;
foreman as fellow servant; liability of mas-
ter for negligence of fellow servants in us-
ing tools or in making place of work un-
safe; right to delegate superintendence of
work; adoption by servant of more danger-
ous method of doing work; master not
bound to furnish implements.of the best or
most approved pattern; failure to guard
against accident that could not reasonably
have been anticipated.
Test as to whether one is vice principal or
fellow servant; delegation of master's duty
to agent; duty of master to inspect instru-
mentalities; right of servant to rely on per-
formance of duty; delegation of duty of in-
spection; assumption of risk by servant of
defects in instrumentalities.
937
Validity of statute abrogating fellow serv-
ant rule as to corporations.
876
Liability of innkeepers and carriers for
injuries to guests and passengers by serv-
ants; liability of proprietors of theaters,
saloons, stores, etc.; servant not acting
within scope of duty.
643
MENTAL ANGUISH.
Damages for, see DAMAGES, 12, 14.
Right to Enjoin Lowering of Water of,
see INJUNCTION, 1.
Mills; reasonable use of mill pond; rights
of mill owner in water.
Rights of Life Tenant in Oil Wells, see
LIFE TENANTS, 2.
The leaving of surface supports is not
within a provision in a sale by the owner
of coal in place of the vein, which is held
subject to the duty of supporting the sur-
face, by which he undertakes to indemnify
the purchaser for any liability for any dam-
age which may result to the surface "by
reason of the skilful and careful mining and
taking away of the coal," but the words re-
fer solely to the manner of working the
vein. Youghiogheny River Coal Co. v. Al-
legheny Nat. Bank Pa.)
637
Mines; grant or reservation of lands and
minerals; right of surface owner to sup-
port.
637
Interest of widow entitled to life estate
in mines underneath land; right to propor-
tion of oil produced from wells opened by re-
mainder-men; waste by life tenant in drill-
ing well; interest of life tenant generally in
minerals under land.
5. Qui facit per alium facit per se.
Estoppel to Plead Limitations as De-
fense to Forecloseure Suit, see Es-
TOPPEL, 7.
legal because the cause or reasons of its
enactment are not given, nor because it
punishes as a nuisance what neither by it
nor by another ordinance is expressly de-
Rights of Mortgagee under Policy, see clared to be such.
INSURANCE, 7.
Right to Foreclose Mortgage to Satisfy
Outlawed Note for Interest on
Note Secured by the Mortgage, see
LIMITATION OF ACTIONS, 4.
Securing Series of Notes; When Limi-
tation Begins to run on, see LIMI-
TATION OF ACTIONS, 5.
Effect of Payment of Taxes by Pur-
chaser of Premises on Running of
Limitations, see LIMITATION OF
ACTIONS, 7.
Mortgage; to secure note; effect as se-
curity for second note given for interest on
first one.
261
Jurisdiction of equity of suit to foreclose
mortgage in other state or country. 682
Chattel mortgage on growing crops. 827
What property will pass as fixtures
under mortgage; things placed on land, but
not yet affixed; intent to affix. 893, 900
MUNICIPAL CORPORATIONS.
Authorizing Condemnation of Land
for Park Purposes, see EMINENT
DOMAIN, 4.
Right to Value of Sewer and Water
Pipes under Streets Taken by Fed-
eral Government, see EMINENT
DOMAIN, 14.
Liability of Official for False Imprison-
ment, see FALSE IMPRISONMENT, 2.
Rights and Liabilities as to Highway,
see HIGHWAYS.
Rates Charged by, for Water, see
WATERS, 3-5.
Authority to license.
As to Automobiles, see AUTOMOBILES.
1. Authority given to a municipal cor-
poration to regulate includes authority to
license as a means of regulation when it
cannot be otherwise accomplished. People
v. Schneider (Mich.)
Prohibiting Storage of Explosive Oils
within Corporate Limits, see CON-
STITUTIONAL LAW, 10.
2. An ordinance which applies alike to
all persons, firms, or corporations engaged
in the business legislated against is not dis-
criminatory. Crowley v. Ellsworth (La.)
4. Authority to a municipal corporation
to regulate the storage of combustible and
inflammable materials includes authority
to prohibit the storage of refined and other
explosive oils within the corporate limits;
and an ordinance so providing is not un-
reasonable.
Id.
5. A special ordinance granting to a par-
ticular person permission to store refined
oils within the corporate limits of a town
is repealed by a subsequent general ordi-
nance, applicable to all persons alike, mak-
ing such storage of oils a criminal offense.
Id.
Liability for injuries.
In Highway, see HIGHWAYS, 5-9.
6. A municipal corporation has no right
to prevent the use by its owner, in a law-
ful way, of a paved strip between the street
line and a building set a few feet back
from the street, where there is nothing to
show that the strip has ever become a part
of the highway, or that the municipality
has so treated it. Temby v. Ishpeming
(Mich.)
No power to pass ordinance conflicting
with terms of charter; ordinance requiring
registering and numbering of automobiles,
and compelling owners to take out license;
power of legislature to delegate to munici-
palities regulation of street traffic; power
of common council to provide for general
3. An ordinance is not informal or il- health, and to abate nuisances.
Power to abate nuisance; arrest of
motorman to abate nuisance caused by run-
ning of trolley cars.
350
Liability for injury by defect in side
walk; right to recover over against prop-
erty owner amount paid on judgment for
such injuries; ordinance imposing on prop-
erty owners duty of keeping walks free
from ice; provision that, in case of failure
to do so, city will remove it at owner's ex-
pense; effect of such provision on liability
of city for injury.
489
Liability for injury to traveler on side-
walk by fall of billboard on abutting
property.
618
Legislative authority to improve roads
outside of city limits; to enforce police
ordinances; to condemn property beyond
limits; power of city to take land for park
NEGLIGENCE.
Of Bank, see BANKS, 3-7.
6. The mere act of one rightfully on
board vessel, of leaning against, or
wholly sitting upon, a bitt around which
runs a line used in shifting the position of
the vessel, is not negligence on his part.
Steam Dredge No. 1 (C. C. App. 1st C.) 293
7. Intoxication does not relieve a
from the degree of care required of a sober
man under the same circumstances.
Vizacchero v. Rhode Island Co. (R. I.)
Imputed negligence.
8. Negligence of a locomotive engineer,
which results in a collision, is not imput--
able to the conductor in charge of his train,
so as to prevent a recovery for injuries
thereby caused to the latter, where the con-
ductor could not have controlled the action
of the engineer at the time of the accident,
occurrence. St.
have prevented its
Louis & S. F. R. Co. v. McFall (Ark.) 217
9. The owner of a wagon, seated beside
the driver whom he employs, is chargeable
with the driver's negligence in attempting
to cross a street car track in front of an
approaching car which is in plain sight.
Markowitz v. Metropolitan Street R. Co.
(Mo.)
Last clear chance.
See also STREET RAILWAYS, 9.
10. No peculiar rule which can be de-
duced from the doctrine of last clear
chance, as originated in Davies v. Mann,
can be applied in an admiralty case.
Steam Dredge No. 1 (C. C. App. 1st C.)
which was read before them, comes too late
on a motion for a new trial. Beason v.
193
State (Tex. Crim. App.)
2. The admission of evidence of the age,
at the time of death, of the parents of one
killed by accident, for the purpose of show-
ing his expectation of life, although errone-
ous because of remoteness, is not ground
for new trial. Rincicotti
John J.
O'Brien Contracting Co. (Conn.)
3. A new trial must be granted where the
facts found in a special verdict are insuf-
ficient to support the judgment for plain-
tiff by reason of the absence of findings on
matters in dispute essential to the com-
plete determination of the issues. Beare
v. Wright (N. D.)
From Chicken House as Nuisance, see
NUISANCES.
Negligence concurring with act of God;
liability.
509
Care due to sick, infiem, disabled, and
otherwise helpless persons, with whom no
contract relation is sustained:-(I.) Scope
of note; (II.) no duty as between stran
gers; (III.) principles which determine
duty in certain relations: (a) duty or
special care due to persons under disability
in general; (b) limitation upon this duty
where disabled party is trespasser; (c)
duty limited by negligence of person under
disability; (d) another's negligence not
excuse for wilful or wanton injury; (e)
summary; (IV.) duty to avoid injury:
(a) to the sick and infirm; (b) to per-
sons of defective sight or hearing; (c) to
persons in helpless situations: (1) sleep-
ing on railway track; (2) foot caught in
railway track; (3) walking on railway
trestle: (4) falling on railway track; (5)
driving frightened horse; (6) instances of
other helpless situations; (V.) duty of per-
sons inflicting injury to care for those in-
jured: (a) obligation to prevent aggrava-
tion of injury: (b) what is sufficient per-
formance of obligation; (VI.) knowledge
of disability: (a) actual knowledge gen-
erally necessary to creation of duty; (b)
when mere belief sufficient to impose duty;
(c) negligent ignorance equivalent to
knowledge; (VII.) duty to discover an-
other's peril or disability: (a) at places
where people are likely to be present; (b)
whether duty exists as to trespassers; (c)
what is sufficient notice of peril or disabil-
ity: (VIII.) presumptions in absence of
knowledge of disability: (a) right to pre-
sume person in peril will help himself; (b) 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.
fortable as a residence for invalids.
v. Miller (Mass.)
What constitutes reasonable diligence to
avoid injury; concurring negligence of two
or more resulting in injury to third party;
right to maintain action against one or
all.
NOMINAL DAMAGES.
See DAMAGES, 2.
NONRESIDENTS.
Discrimination against, see CONSTITU-
TIONAL LAW, 7.
Arrest of Motorman to Abate, see
FALSE IMPRISONMENT.
Street Fair as, see HIGHWAYS, 3. 4.
Conductor Pipe Emptying on Sidewalk
as, see HIGHWAYS, 5.
Injunction against, see INJUNCTION, 3.
The characteristic noises and odors issu-
Nuisance; what constitutes.
Right of person coming to live near
alleged nuisance; what constitutes.
Power of municipality to abate.
Obstruction of, or encroachment
upon, street as; injunction to abate. 565
Information, see INDICTMENT AND IN-
From Chicken House as Nuisance, see
advertising purposes; as a taking for
Liability for False Imprisonment, see which compensation must be paid. 817
FALSE IMPRISONMENT, 2.
Homicide by, While Making Arrest, PAROL EVIDENCE.
Removal of Member of Legislature,
Waiver of Right of Privacy by, see
The title to a public office is held sub-
ject to the constitutional provision giving
the right of removal. French v. Senate
(Cal.)
Partition; of land in other state or coun-
try; jurisdiction of equity to decree.
692
Explosive, Prohibiting Extensive Stor-
ing of, within City Limits, see
CONSTITUTIONAL LAW, 10.
Rights of Life Tenant as to, see LIFE
Discharge of One Partner in Bank-
ruptcy; Effect, see BANKRUPTCY,
7, 8.
Between Husband and Wife, see HUS-
BAND AND WIFE, 6.
When partnership exists.
1. A partner may make an agreement
with a third person for a division of the
profits coming to him from the partner-
ship enterprise, and, if the character of
the agreement is such as to disclose the
essentials necessary to a partnership, a sub-
partnership is thereby formed between the
partner and the third person; but such
person does not become a member of the
first partnership, nor is he liable for the
debts of that partnership. Morrison v.
Dickey (Ga.)
2. Mutual confidence being the founda-
tion of the partnership relation, the mere
fact that a member of a partnership is not
the owner of property which he has em-
barked in the partnership enterprise-the
same belonging to a third person, who has
consented that it may be so used for his
benefit, but whose interest is not disclosed
Oil; as mineral; as part of land. 988 to the other member of the partnership-
does not cause a partnership relation to
arise between the other partner and the
Necessity of License by, see PHY- concealed principal of his copartner. Id.
Rights and liabilities as between
partners.
3. A woman whose husband is carrying
on a partnership business with her money,
under an agreement that she shall receive
all of his share of the profits of the busi-
ness, is liable to account to him for the
amount for which he has rendered himself
liable on account of the purchase of a ma-
chine by him and his partner for use in the
business, although she has given him spe-
cial instructions not to purchase the ma-
chine, if the machine is in fact necessary
or proper for the conduct of the business.
Id.
4. In case of a subpartnership between
husband and wife in reference to the hus-
band's share of the profits of a business in
which he is a partner, a gift by the wife to
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