INDEX.

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]

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]

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]

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]

Eviction from Cars, for not showing ticket, [125]
Excessive Damages, a ground for new trial, [222]
Excursion Trains, company liable for accidents on, [202]

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]

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]

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]

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]

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]

Kiss, company pays for conductor’s, [249]

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]

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]

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]

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]

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]

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]

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]

Upsetting. (See [Driving].)

Velocipedes are nuisances, [12]

Walking on Track, [92]
Windows of Car, falling down, [169]
need not be protected, [170]