American Negligence Cases: A Complete Collection of All Reported Negligence ...

PREFACE

WITH this volume (10 AMERICAN NEGLIGENCE CASES), the subject: "NEGLIGENCE OF CARRIERS OF PERSONS," is concluded. It contains the cases relating to the LIABILITY OF CARRIERS OF PERSONS FOR ACCIDENTS ON TRAINS, STREET CARS, STEAMBOATS, STAGE COACHES, ETC., AND AT STATIONS, DEPOTS, LANDINGS, FERRY HOUSES, ETC., classified under the divisions of DERAILMENT OF TRAINS, ETC.; RIDING ON PLATFORMS OF CARS; SICK PASSENGERS; TRESPASSERS, ETC.; DEFECTIVE STATION PLATFORMS; ICY PLATFORMS; FALLING OBJECTS; STRUCK BY MISSILES AND PROTRUDING OBJECTS; COLLISIONS; EXPLOSIONS; DANGEROUS POSITION ON CARS, ETC.; INTOXICATED PERSONS; RIDING ON FREE PASSES; PERSONS NOT PASSENGERS, ETC.

The cases comprised herein cover all actions on the topics mentioned from the earliest period to 1897 decided in the highest courts of North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas (Supreme and Civil Appeals Courts), Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming Territory, and the cases in the Supreme Court, Circuit Courts of Appeals and Circuit Courts of the United States; together with annotations and notes of English

cases.

A reference to the TABLE OF CASES CLASSIFIED, which precedes the INDEX, will enable the reader to see, at a glance, the causes of action and the injuries sustained in the cases reported in this volume.

Considerable space has been devoted to CARRIER CASES, the importance of the same warranting the number of volumes given to the topic. The sub-divisions have been made as follows: ALIGHTING FROM OR BOARDING CARS, ETC., Comprised in Vols. 2 to 7 inclusive; ARRESTS, ASSAULTS UPON AND EJECTION OF PASSENGERS AND TRESPASSERS, complete in Vol. 8; INJURIES UPON CARS, ETC., AND AT STATIONS, ETC.; RIDING UPON PLATFORMS; INJURIES TO INTOXICATED PERSONS, SICK PASSENGERS AND TRESPASSERS, ETC., in Vols. 9 and 10. Several cases relating to TRESPASSERS AND EJECTION FROM Trains, ETC., will be found in the volumes relating to Alighting and BoardING, which were placed there for convenience of practitioners desiring

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decisions upon such points, some of which are on the border line of
the topics referred to. They have not been duplicated under various
heads but a reference to the TABLE OF CASES CLASSIFIED and the INDEX
in each volume will disclose the cases on the aforementioned topics.
The cases reported in the volumes of AMERICAN NEGLIGENCE CASES
are chronologically arranged and grouped in alphabetical order of States
and cover all decisions, on the topics treated, in the STATE and Federal
COURTS from the earliest period to 1897. Many notes of cases are
grouped under their respective topics, an arrangement which will not
only enable the series to be completed within reasonable compass,
but will also, it is hoped, prove a convenience to the practitioner in
the preparation of briefs upon particular topics.

Acknowledgments are cordially given to MR. WALTER J. EAGLE
for his able services in the preparation of the cases and notes in this
volume, in compiling the TABLE OF CASES CLASSIFIED in each of the
volumes of the series of AMERICAN NEGLIGENCE CASES published, and
in seeing the volumes through the press; and also to MR. ALFRED J.
Hook, Librarian of the Brooklyn Law Library, for his able services in
the preparation of headnotes and indices in several of the volumes.
T. F. HAMILTON.

NEW YORK, February, 1900.

vii-xix

xxi-xxxiv

TABLE OF CASES CITED .

CASES RELATING TO ACCIDENTS ON TRAINS, STREET

CARS, STEAMBOATS, STAGE COACHES, ETC., AND

AT STATIONS, DEPOTS, LANDINGS, FERRY HOUSES,

ETC., DECIDED IN NORTH CAROLINA, NORTH DA-

KOTA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA,

RHODE ISLAND, SOUTH CAROLINA, SOUTH DA-

KOTA, TENNESSEE, TEXAS (SUPREME AND CIVIL

APPEALS COURTS), UTAH, VERMONT, VIRGINIA,

WASHINGTON, WEST VIRGINIA, WISCONSIN, WYOM-

ING TERRITORY, AND THE SUPREME COURT, CIR-

CUIT COURTS OF APPEALS AND CIRCUIT COURTS

OF THE UNITED STATES

I-698

TABLE OF CASES CLASSIFIED ACCORDING TO FACTS 699–726

INDEX

727-829

(v)

TABLE OF CASES REPORTED.

[For convenience of reference the citations from the various systems of Reports and Reporters are added to the official citations of the cases reported in this volume. Where a case is reported or referred to in a note in this volume the same is indicated by the letter n preceding the page on which it appears; as, for instance: Bard v. Pennsylvania Traction Co., 176 Pa. St. 97......n126.]