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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.
Duty to provide safe place of work; fail-
ure to box machinery; duty to warn of
danger; evidence of custom to guard ma-
Who are vice principals; statute making
railroad companies liable for injury to em-
ployee by superior servant; applicability to
private railroads; liability of receiver of
railroad for injury to employee; question
whether person is fellow servant one of gen-
eral, and not local, law.
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.
Validity of statute abrogating fellow serv
ant rule as to corporations.
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.
1. "Every man's house is his castle."
Pavesich v. New England L. Ins. Co. (Ga.)
2. He who seeks equity must do equity.
Campbell v. Justices of Superior Court
6. Respondeat superior. Clancy v. Bar-
ker (C. C. App. 8th C.)
5. Qui facit per alium facit per se.
v. Guglielmo (Or.)
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-
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.)
NOTES AND BRIEFS.
Mines; grant or reservation of lands and
minerals; right of surface owner to sup-
Interest of widow entitled to life estate
in mines underneath land; right to propor-
tion of oil produced from wells opened by re-
3. Nemo debet bis vexari pro eadem causa mainder-men; waste by life tenant in drill-
Hunt v. Darling (R. I.)
ing well; interest of life tenant generally in
4. Nullus videtur dolo facere qui suo jure minerals under land.
utitur. Ex parte Chace (R. I.)
Right to Enjoin Lowering of Water of,
see INJUNCTION, 1.
NOTES AND BRIEFS.
Mills; reasonable use of mill pond; rights
of mill owner in water.
Rights of Life Tenant in Oil Wells, see
LIFE TENANTS, 2.
Estoppel to Plead Limitations as De-
fense to Forecloseure Suit, see Es-
Rights of Mortgagee under Policy, see clared to be such.
4. Authority to a municipal corporation
Right to Foreclose Mortgage to Satisfy to regulate the storage of combustible and
Outlawed Note for Interest on 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.
TATION OF ACTIONS, 5.
Effect of Payment of Taxes by Pur-
chaser of Premises on Running of
Limitations, see LIMITATION OF
See also FIXTURES.
See also INSURANCE.
Mortgage; to secure note; effect as
curity for second note given for interest on
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
Authorizing Condemnation of Land
for Park Purposes, see EMINENT
Right to Value of Sewer and Water
Pipes under Streets Taken by Fed-
eral Government, see EMINENT
Liability of Official for False Imprison-
ment, see FALSE IMPRISONMENT, 2.
Rights and Liabilities as to Highway,
Rates Charged by, for Water,
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-
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.
Power to regulate lawful business; char-
ter authority to make by-laws or ordi-
nances in certain cases; power limited to
cases and objects specified; legislative
power to make ordinances for its own gov-
ernment; effect of duty to recite in ordi-
nance necessity for its passage; to recite
authority under which enacted; effect of
fact that general ordinance injures in pe-
culiar way a particular individual;
validity of ordinance regulating storage of
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
health, and to abate nuisances.
Power to abate nuisance; arrest of
motorman to abate nuisance caused by run-
ning of trolley cars.
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.
Liability for injury to traveler on side-
walk by fall of billboard on abutting
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
3. The term "negligence" by itself sug-
gests only inadvertence or want of ordi-
nary care, and, however great may be the
degree of such want of care, so long as the
element of inadvertence remains, wilful-
ness is excluded.
4. A government inspector whose duty
it is to see that work is properly done by
a dredge employed on a government con-
tract is entitled to protection from negli-
gent acts of those in charge of it, when
upon it, even in the intervals when there is
no occasion for him to be actually engaged
any immediate active duty. Steam
Dredge No. 1 (C. C. App. 1st C.) 293
5. The occupant of the lower floors of a
building, who blocks the stairway leading
Negligence; last clear chance; negligence
in failing to discover perilous position of
Last clear chance.
Imputing negligence of engineer to con-
In leaving horse or team unhitched or
negligently hitched in street; fright of, by
boy causing runaway; liability for unfore-
seen consequences of act.
What contributory negligence will defeat
recovery for negligent injury.
Negligence concurring with act of God; which was read before them, comes too late
on a motion for a new trial. Beason v.
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 v. John J.
O'Brien Contracting Co. (Conn.)
Care due to sick, infirm, 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)
limitations upon exercise of such presump-
tion: (1) warning of danger generally
necessary as basis for presumption; (2)
presumption may be repelled by circum-
stances; (3) "last moment" to which pre-
sumption may be indulged.
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
Right to recover for ordinary negligence
under allegation of gross, wilful, or wanton
negligence, or vice versa.
Negligent injury: proximate cause of;
injury committed by act in violation of
For Failure to Insert Certain Facts in
Special Verdict, see TRIAL, 21.
1. A claim that the jury in a criminal
case was prejudiced by a report of a grand
jury as to the enforcement of criminal law,
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
See DAMAGES, 2.
Discrimination against, see CONSTITU-
TIONAL LAW, 7.
Arrest of Motorman to Abate, see
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-
ing from a chicken house and yard which
are maintained in a cleanly manner and
cared for so as not injuriously to affect the
health of any normal person in the neigh-
borhood are not a nuisance, although they
may make neighboring property uncom-
fortable as a residence for invalids.
v. Miller (Mass.)
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.
See EVIDENCE, 12-15.
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
NOTES AND BRIEFS.
Officers; implication of all incidental
powers necessary for due exercise of power
expressly granted; right of attorney gen-
eral to sign indictments found by grand
jury; presumption in favor of due exe-
cution of acts of official nature; offer by
public officer to receive a bribe as a punish-
Individual criminal liability of officer or
agent of corporation.
Liability of public officials for their acts.
What force may be used to make an ar-
Necessity of License by, see
Explosive, Prohibiting Extensive Stor-
ing of, within City Limits, see
CONSTITUTIONAL LAW, 10.
Rights of Life Tenant as to, see LIFE
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
NOTES AND BRIEFS.
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
concealed principal of his copartner. Id.
Rights and liabilities as between
Parks; parkways as essential part of
park system; condemnation of land for
parks and park ways.
Forbidding use of land near park for
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.
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.
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