A Treatise on the Law of Negligence, Volume 2

Thomas Gaskell Shearman, Amasa Angell Redfield

Baker, Voorhis & Company, 1888

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Title Page

Table of Contents

Index

CHAPTER	2

What are highways within the rule	3

TURNPIKE ROADS XVII BRIDGES	4

CANALS XIX CONSTRUCTION AND MAINTENANCE of Railroads XX RAILROAD COLLISIONS WITH ANIMALS XXI RAILROAD COLLISI...	5

When obligation in respect to highway attaches	6

Commencement of obligation limited by attachment II	11

Duty to repair highways wholly statutory	13

Statutory liability for nonrepair	15

Retainer implies professional employment only	420

Burden of proof	422

Obligation to proceed in the cause	424

Conduct of cause before trial	425

Obligation to take collateral proceeding	426

Conduct of the trial	427

Proceedings after trial	428

Compromising suit in judgment	430

Implied liability for nonrepair	18

Liability of road officers	19

Obligation assumed by contract	21

Obligations of one appropriating part of highway	22

Obligations of abutting owners as to highway	24

Obligations of owner of private way	25

Joint and several obligations to repair	27

Defects in way concurring with other causes	28

Defects in way concurring with defects in adjacent premises	30

Duty to rebuild destroyed highway	33

Protection of travel pending repairs	35

What are defects under the statute	36

Defects in margins of way	39

Whole width when must be passable	42

Sidewalks and street crossings	44

Overhanging roofs awnings trees c	45

Objects likely to frighten horses	48

Duty to place lights barriers c	51

Railroad crossings	54

Corporations liability for acts of its licensee	55

Liability of licensee	58

Conditions implied in license	59

Obstructions incident to building operations	62

Obstructions incident to traffic	64

Obstructions from natural causesice and snow	66

Rule in New York and Connecticut	69

Liability of individuals for obstructing highways	70

CHAPTER XVI	109

What constitutes a public bridge	115

By whom bridges are repairable	122

CHAPTER XVIII	129

Repair of towingpath and fencing canals	134

Contributory negligence	135

CHAPTER XIX	136

What dangers must be provided against	138

Laying track on highway	141

Damage to abutting owners	144

Accessories of railroads	146

Defects how proved	150

Rights of compensated landowners	151

Obligations to lessees and their passengers	152

Interference with highway	153

Restoration of roads and bridges	154

Roadbridges over railroads	156

Crossings	158

CHAPTER XX	162

Commonlaw obligation to fence	164

Care in avoiding injury to cattle	166

Unequal operation of commonlaw rule	169

Statutory liability	170

Application of statutes	175

When fence must be made	176

Fences must be sufficient	177

Fences must be maintained	179

Causing fright of animals	184

Duty to signal cattle	188

Care to wards trespassing cattle	191

Checking speed of train	192

Rule as to trespassing cattle	196

Statutory rules as to checking speed	200

Presumption as to negligence	201

When animal is rightfully on track	203

Where fences are not required	204

Fences and cattleguards in towns	208

Injury must be owing to defect in fence	210

Effect of adjoining owners agreement to fence	213

Adjacent owners employment to build fence	215

Adjacent owners option to build fence	216

Companys agreement to fence	217

Contract to fence road not implied	219

Liability of lessees of road	220

Liability of agents and contractors	221

Who may claim benefit of statute	222

For what injuries is company liable	223

To whom is company liable	225

Notice of defect when to be given	227

Owners contributory negligence	228

Owners willful conduct	231

Owners illegal conduct	233

Rule in Maryland and Georgia	235

Companys action against owner	238

CHAPTER XXI	239

Illustrations of want of care	241

Negligence of other persons or companies	244

Rate of speed	248

Care required at highway crossings	252

Care required at other crossings	256

Care of stationary cars and engines	259

Absence of flagman and watchman	260

Neglect of statutory precautions	262

Omission to ring bell at crossings	266

Presumptions in such cases	268

Who entitled to benefit of statute	270

Trains running backwards	271

Contributory negligence	273

What is not contributory negligence	274

Fractious horse	276

Crossing track in view of train 277	277

Illustrations of negligence in crossing	278

What is not negligence in crossing	282

Obstructions to view	285

Crossing when highway is blocked 287	287

Walking upon the track	288

Infirm persons and children	291

PART V	301

Obligations of carriers not merely in contract	302

Who are common carriers of passengers	303

Who not passengers	306

Liability to free passengers	307

Who are not free passengers	308

Ejection of passenger	309

Carrier not insurer	311

Degree of care required	313

Application of the rule requiring great care	315

Obligations as to vehicles	316

Exception as to certain vehicles	319

Liability for interference of strangers with road	320

When ordinary care only required	321

Liability of lessees for condition of road	322

Accidents beyond carriers line	325

Limitations of liability by special contract	326

Restrictions on liability how far valid	327

When carriers obligation commences	330

When it ceases	334

Duty to stop at platforms	337

Duty to assist passengers in getting on and off	339

Duty to maintain guard against egress	341

Liability for servants malicious acts	342

Obligation of stagecoach proprietors	344

Obligations of carriers by steam vessels	345

Presumption of negligence	347

Presumption of negligence how rebutted	350

Negligence how proved	351

Care required of passenger	353

Negligence in getting on and off a vehicle	357

521 Illustrations	360

Negligence in being in improper part of vehicle	363

Negligence in changing from car to car	369

Negligence in crossing tracks at stations	370

Safe transportation of baggage	372

When carrier not responsible for baggage	375

CHAPTER XXIII	378

Its peculiarities	379

Statutory regulations	380

Obligations not merely in contract	381

Telegraph companies common carriers	383

Reasons for considering them such	384

Obligation to furnish telegraphic facilities	385

Responsible only for negligence	386

Unlawful messages	387

Degree of care required	388

Duty as to receiving messages	390

Messages must not be altered	391

Evidence of negligence	392

To whom company is responsible	393

Connecting lines	395

Power to make regulations	396

Certain reasonable rules considered	397

Certain unreasonable rules considered	398

Customer must actually know the rule	400

Limitation of liability by mere notice	401

Limitation of liability by contract	402

Validity of contracts exempting from liability generally	403

Evidence under special contract	410

PART VI	412

When liable for gross negligence only	418

Obligation dependent upon compensation	419

Negligence in conveyancing and searching	431

Negligence in keeping and investing money	433

Liability for disclosing privileged communications	434

Joint liability of attorneys in copartnership	435

CHAPTER XXV	436

Duty to present bill for payment or acceptance	437

Duty to give notice of dishonor of bill	438

Liability for negligence of subagents	440

Exceptions to the rule	443

Personal liability of subagents	444

Collection by notary	445

Who may sue for bankers negligence	447

Banker not bound to sue upon paper	448

Liability of directors	449

CHAPTER XXVI	451

Illustrations of the rule	452

False certificates and mistakes in searches	453

Liability of towns for negligence of their clerks	455

CHAPTER XXVII	456

Liable to whom	457

Standard of care in presenting and protesting bills	458

Illustrations of the rule	459

Giving notice of dishonor of bills	460

Negligence must be correct cause of indorsers discharge	461

Liability for defective acknowledgments	462

CHAPTER XXVIII	463

Obligation of unpaid physician	464

Degree of skill required	465

Standard of skill not absolute	467

Tests of skill	468

Character of disease may determine degree of skill	469

Physicians not liable for errors of judgment	470

Evidence of negligence and burden of proof	471

Contributory fault	473

CHAPTER XXIX	474

Liability for misconduct of deputy	475

Diligence in executing process	476

Inadequacy of levy	478

Safe keeping of property	479

Duty as to sale of property	480

Liability for insufficient sureties	482

Liability for escape	483

Engineers duty to foresee trespassers	484

Owners liability for animals trespass	485

Owners notice of disposition of animal	486

Presumption of notice of disposition	488

What deemed sufficient notice	491

Sufficient evidence of notice	492

Keeping infectiously diseased cattle	495

Animals straying on highways and railroads	496

Who will be deemed owner of animal	498

Ownership of animal how proved	500

Imputed knowledge of animals habits	501

Separate owners when jointly liable	502

Plaintiffs contributory negligence	503

Driving trespassing animals off land	505

Negligence in impounding cattle	506

Statutory liability for dogs	507

CHAPTER XXXI	509

Examples of negligence etc	510

Rate of speed	512

Injuries committed by vicious animals	513

Liability for insufficiency of vehicle	514

Violation of roadlaw evidence of negligence	515

Persons on wrong side assume risk	516

Cases in which the law of the road does not apply	517

Management of sleighs	518

CHAPTER XXXII	522

Statutory regulations	523

Effect of contract to maintain fences	524

Who are entitled to protection of animals by fence	525

Who are entitled to protection against animals by fence	526

Liability for damage to animals through want of fence	527

Liability for damage by animals through want of fence	528

CHAPTER XXXIII	530

Liability for spread of fire	532

Proximate cause of injury from spread of fire	537

Fire purposely kindled	538

Fires kindled to clear land	539

Firing other land	541

Statutory liability	542

Fire communicated from locomotives	543

Duty to use approved appliances on locomotives	545

Other neglect than want of approved appliances	546

Evidence of origin of fire	547

Burden of proof of origin of fire	549

Combustible material on right of way	555

Statutory liability of railroad company	556

What is not contributory negligence	558

General rule of liability	559

What use of adjacent land not contributory negligence	560

CHAPTER XXXIV	562

contributory negligence	563

Negligent use of firearms etc	564

Burden of proof on defendant	566

Storing of gunpowder etc	567

Vendors of poisons	568

CHAPTER XXXV	571

Neglect to repair apparatus	572

Contributory act of stranger	573

Defense of contributory negligence	574

Negligence of companys servants	575

CHAPTER XXXVI	576

interference with lateral support	578

Liability for condition of street	581

Liability to business visitors	582

Liability to person entering under bare license	584

Liability of landowner to his invited guest	587

Liability of landlord for defects arising after lease	588

Liability for defects at date of lease	591

Liability of partial lessor	592

Landlord not liable to tenants guest as such	593

Tenant when not liable	594

Tenant when liable	595

Landowners duty where highway adjoins	596

Miners absolute liability	598

Miners liability for negligence	599

Liability for condition of unfinished buildings	600

Traps for trespassers	602

Dripping water and snow	604

Liability of occupant for leakage	605

Liability where landlord and tenant are both in fault	606

Wharfingers etc	607

Inspection of wharves	608

To whom wharfinger liable	609

CHAPTER XXXVII	610

Rights of riparian owners	612

Erection of dams	615

Overflowing banks of streams	617

Care in construction and maintenance of dams	618

Diversion of watercourses	619

Fouling of streams and wells	620

Drainage of surface water	622

Interference with water	624

Obstruction of navigation	625

Obligation to remove wrecks	626

PART VIII	627

Uncertainty how resolved	629

General rule of damages	630

Disease resulting from injury	631

Future damages	633

Loss of profits	635

Speculative profits not allowed	636

Recovery not to exceed value of property	638

Exemplary damages against master	640

Damages to real property	642

Damages to personal property	644

Damage to animals	645

Damages against attorneys	646

Telegraph damages limited by want of notice	647

Telegraph damages in particular cases	649

Social telegrams	652

Statutory penalties	653

Expenses of care	655

Loss of time	656

Physical and mental suffering	657

Defendants wealth or plaintiffs poverty	658

Damages in favor of parent master etc	659

Parents injured feelings not allowed for	660

Damages in case of death	661

The rule in Kentucky and other states	664

Husbands damages for wifes death	665

What is pecuniary damage	666

Loss of parent	667

Expenses incurred by death	668

INDEX	671

Copyright

Common terms and phrases

accident action affirmed Allen animal attorney Bank Barb bill bound bridge cattle caused charge Chicago client common carriers common law conductor Conn contract contributory negligence corporation court crossing Cush damages dangerous defect defendant defendant's diligence driving duty engine evidence of negligence fact fence fire gence gross negligence held liable highway horse Hurlst Iowa Jeffersonville jury keep land liable for injuries Maine Mass Massachusetts Metc N. J. Law N. W. Rep N. Y. Central neglect negligence per se notary notice nuisance obligation obstruction Ohio St ordinary owner pany passenger passing Penn person plaintiff platform proper question rail railroad company reasonable recover render repair road rule safe sheriff sidewalk skill Smedes Smith Stat statute street sufficient sustained telegraph company tion town track train traveler Upper Canada Utica vehicle Verm Wend Western Western Union Wisc

Popular passages

Page 417 - ... court ; for the want of care in the preparation of the cause for trial ; or of attendance thereon with his witnesses ; and for the mismanagement of so much of the conduct of a cause, as is usually and ordinarily allotted to his department of the profession. Whilst on the other hand, he is not answerable for error in judgment upon points of new occurrence, or of nice or doubtful construction, or of such as are usually intrusted to men in the higher branch of the profession of the law.‎

Appears in 80 books from 1830-2001

Page 629 - ... a person guilty of negligence should be held responsible for all the consequences which a prudent and experienced man, fully acquainted with all the circumstances which in fact existed, whether they could have been ascertained by reasonable diligence or not, would, at the time of the negligent act, have thought reasonably possible to follow, if they had occurred to his mind.‎

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Page 466 - ... by those conversant with the employment as necessary to qualify him to engage in the business of practicing medicine and surgery.‎

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Page 26 - The gist of the liability consists in the fact that the person injured did not act merely for his own convenience and pleasure, and from motives to which no act or sign of the owner or occupant contributed, but that he entered the premises because he was led to believe that they were intended to be used by visitors or passengers, and that such use was not only acquiesced in by the owner or person in possession...‎

Appears in 63 books from 1852-1992

Page 493 - Justice ruled, that if a dog has once bit a man, and the owner having notice thereof keeps the dog, and lets him go about or lie at his door; an action will lie against him at the suit of a person who is bit, though it happened by such person treading on the dog's toes, for it was owing to his not hanging the dog on the first notice. And the safety of the King's subjects ought not afterwards to be endangered.‎

Appears in 50 books from 1793-2005

Page 206 - The court below gave the following instruction to the jury : " If the jury believe, from the evidence, that the plaintiff, while sleeping in the defendant's car on the trip from Chicago to Alton, was robbed of a sum of money which he...‎

Appears in 24 books from 1876-1995

Page 330 - That it is not Just and reasonable, in the eye of the law, for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.‎

Appears in 122 books from 1843-1999

Page 450 - One who voluntarily takes the position of director, and invites confidence in that relation, undertakes, like a mandatary, with those whom he represents or for whom he acts, that he possesses at least ordinary knowledge and skill, and that he will bring them to bear in the discharge of his duties.‎

Appears in 46 books from 1870-2004

Page 110 - Company ; and the common law in such a case imposes a duty upon the proprietors, not perhaps to repair the canal, or absolutely to free it from...‎

Appears in 51 books from 1840-2001

Page 315 - In known practical use to secure the safety of the passengers, but not every possible preventive which the highest scientific skill might suggest.‎

Appears in 40 books from 1862-1997

Bibliographic information

Title	A Treatise on the Law of Negligence, Volume 2 Issues 69029-69044 of 19th-century legal treatises A Treatise on the Law of Negligence, Thomas Gaskell Shearman
Authors	Thomas Gaskell Shearman, Amasa Angell Redfield
Edition	4
Publisher	Baker, Voorhis & Company, 1888

Export Citation	BiBTeX EndNote RefMan

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