Contributory Negligence— cont'd.
employee falling into open vat in

tannery, while attempting to get
about the tanks in early morning
when it was pitch dark and steam
so dense that he had to feel his
way; assumption of risk.... Mich. 252
pedestrian injured by falling into

excavation in street guilty of con-
tributory negligence in stepping
off the sidewalk without looking,
he having knowledge of street
being torn up at crossing.. Mich. 334
driver of vehicle negligent in driv-
ing upon street car track without
looking for approaching cars....
Minn.

a passenger in vehicle, who had no
control over team, not negligent
in failing to look out for cars
when crossing street-car track..

72

Minn. 72

Minn. 259

person who was injured while
crossing railroad on a public
crossing at place where there
were only double tracks, and
vision was unobstructed, guilty
of contributory negligence in
looking but once and that before
reaching tracks.....
a person who, while traveling along
public thoroughfare on a dark
night, with knowledge of defect
in sidewalk, leaves the road and
takes the walk, and is injured by
falling into opening which he is
trying to avoid is not, as matter
of law, guilty of contributory neg-
ligence.....
. Minn. 649
person driving wagon across tracks

where evidence conclusively estab-
lishes negligence of plaintiff
which was immediate cause of in-
juries, error to refuse to charge
jury to return verdict for defend-
ant......
......Neb. 271

an instruction on contributory neg-
ligence which requires a greater
degree of care to be exercised
than is necessary is not to the
prejudice of party alleging con-
tributory negligence...............Neb. 463
a person who, for the purpose of
showing his companion that an
electric wire is properly insulated
and therefore harmless, deliber-
ately touches it with his hand,
and is injured, cannot recover
from the owner of the wire. . N. J. 82
driver of wagon killed while cross-
ing track; failure of driver to take
proper precautions to avoid acci-
dent....

.....

N. J. 93

pedestrian killed at railroad cross-
ing.....
.N. J. 93
driving across street-car track and
struck by street car; negligence
of driver of vehicle.........N. J. 95
person driving injured at railroad
crossing; failure to exercise
proper care before driving over
track.....
...N. J. 274

girl, nine years of age, in act of
crossing track, injured by colli-
sion with trolley car; nonsuit sus-
tained.....
.N. J. 288
when question is for jury and when
for court, in action for injury to
child crossing street railway....
N. J. 288
where team of horses was injured
in collision with street car, and
there was evidence that those in
charge of team had looked be-
fore driving on the track to see
if car was approaching, and that
defendant's motorman was not in

a position to effectively control
his car, the question of contribu-
tory negligence was for jury and
it was error to dismiss complaint..

N. Y. 304

not error to refuse to charge that
the fact that plaintiff, a passenger
on defendant's street car, was rid-
ing with his elbow extending
three inches outside the car win-
dow, was contributory negli-
gence, as matter of law....N. Y. 319
person leaving safe place and going

on track to look at freight cars,
struck by flat car which had been
moved by force of other cars,
precluded from recovering dam-
.....N. Y. 503

ages.....
where person was injured while
passing over much traveled
street, on dark and stormy night,
the walk being slippery, and it
was shown that he was walking
slowly, and although familiar with
the way had not paid especial at-
tention to the place or had reason
to fear danger, question of con-
tributory negligence was for jury..

512

N. Y.
where child, three years old, who
was permitted by parent to play
in street in care of sister, eight
years old, was run over and killed
by wagon, it was error to hold,
as matter of law, that either the
child or his parent was guilty of
contributory negligence.... N. Y. 520
a child, three years of age, being

non sui juris, cannot be charged
with its own negligence...N. Y. 520
between vehicle and street car;
joint negligence of parties; in-
structions.....
.....Ohio, 124
where plaintiff's crops were dam-
aged by overflow of water caused
by defendant's negligence, it was
error to charge that plaintiff
could not recover if she contrib-
uted to the damage by careless

management, where there was no
evidence of her negligence. .Ore. 330
where engineer was killed by derail-
ment of train due to subsidence of
track, and it was shown that he
had disregarded defendant's or-
ders to run slow at the place of
accident and if he had observed
the rules the accident would not
have happened or would not have
had serious results, his contribu-
tory negligence precluded recov-
ery.......
....Pa. 335
where pedestrian running along
railroad ties, on a dark night
without a light, fell into opening
in railroad embankment and was
fatally injured, his failure to use
reasonable care would have pre-
vented recovery even if he had
been rightfully on embankment..

Pa. 337

person killed while driving across
railroad track; evidence as to
looking to see if train was ap-
proaching; contributory negli-
gence properly for jury.......Pa. 345
where plaintiff drove his horses to
within 20 or 30 feet of a railroad
track, and left them standing
there without tying or hitching
them, he knowing that a train was
liable to pass at the crossing, the
evidence sufficiently showed con-
tributory negligence and nonsuit
was properly granted...... Utah, 166
note on voluntary act of employee
resulting in injury........
183
what is negligence in collision ac-
cidents; note.....

Coupling Cars- continued.
brakeman killed while coupling cars
due to defective appliance..Neb. 463
Court.

question of sending jury to view

place of accident is largely within
discretion of trial judge.............Ky. 605

Crawling Under Cars.
railroad employee killed while

crawling under stock cars to
cross track, there being a safer
way to get across track....Kan. 395
Crops.

where plaintiff's crops were dam-
aged by overflow of water caused
by defendant's negligence, it was
error to charge that plaintiff
could not recover if she contrib-
uted to the damage by careless
management, where there was no
evidence of her negligence..Ore. 330

Crossing-See, also, RAILROAD CROSS-

ING.

flagman

I

at railroad crossing
knocked down by team of horses
which became frightened by ap-
proaching train; failure of in-
jured person to exercise care to
avoid accident........ ....Cal.
where person standing on station
platform was struck by flying
body hurled into the air by a lo-
comotive, the reckless running of
the engine at the crossing near
the station was not the proximate
cause of the injury to plaintiff and
defendant was not liable....Ind. 383
boy injured while passing between

cars of freight train which blocked
street crossing...... ...Iowa, 391
where brakeman of freight train
which blocked street crossing
told boy that there would be
plenty of time to pass between
cars before train moved, but as
plaintiff attempted to do so the
train moved and he was injured,

Crossing-continued.

the brakeman's statement was bind-
ing on defendant..........Iowa, 391
pedestrian struck and killed by train
at crossing....
.Kan. 602

train blowing whistle on overhead
crossing and team passing under
bridge frightened by noise; evi-
dence as to negligent sounding of
whistle..
.Md. 230
negligent conduct of person in
charge of team in not having
horses under control while train
was passing over bridge, the
horses becoming frightened by
sound of whistle............Md. 230
in action for damages for injuries
between wagon and street car it
was error to take case from jury
where there was evidence as to
plaintiffs having exercised due
care before crossing track.. Mass. 238
pedestrian injured by falling into
excavation in street guilty of con-
tributory negligence in stepping
off the sidewalk without looking,
he having knowledge of street
being torn up at crossing.. Mich. 334
person who was injured while
crossing railroad on a public
crossing at place where there
were only double tracks, and vi-
sion was unobstructed, guilty of
contributory negligence in look-
ing but once and that before
reaching tracks........ ... Minn. 259
driving across street-car track and
struck by street car; contributory
negligence of driver of vehicle..

N. J. 95

railroad company not liable for in-
juries to person driving across
track caused by lowering of gates
at crossing by person not em-
ployee of the company....N. J. 107
person driving injured at railroad
crossing; failure to exercise
proper care before driving over
track contributory negligence...

N. J. 274

Crossing — continued.

cross

girl, nine years of age, in act of
crossing track, injured by colli-
sion with trolley car; nonsuit sus-
tained....
...N. J. 288
the rule requiring travelers in cross-
ing street railways to use judg-
ment how and when to
without collision, is also binding
upon a child who is sui juris....
N. J. 288
where team of horses was injured
in collision with street car, and
there was evidence that those in
charge of team had looked before
driving on the track to see if car
was approaching, and that de-
fendant's motorman was not in a
position to effectively control his
car, the question of contributory
negligence was for jury and it
was error to dismiss complaint..

Custom-continued.

at transfer station; evidence as to
custom of passengers to board
cars in motion competent....Ill. 28

Customer.

injured by being struck by counter
which
was being moved into
store; liability of storekeeper...

Minn. 262
note on liability for injuries to cus-
tomers and employees in stores
and places of business........266-270
Damages.

when damages for mental suffering
caused by failure to deliver tele-
gram not recoverable........ Ala. 32
cost of clothing purchased by pas-

senger not an element of damage
in action for being ejected from
train hundreds of miles away
from destination....
....Cal. 370

a verdict for $1,000 not excessive,
where plaintiff's arm was broken,
preventing her from returning to
work for three months and injury
troubling her for some time
thereafter......
...... Cal. 589
passenger riding on footboard of
street car striking his head
against trolley pole, he being
aware of the risk, entitled to nom-
inal damages only. . . . . . . . . Conn. 179
a petition, in action for damages
for personal injuries, was sub-
ject to demurrer on the ground
that the amount of expenses in-
curred for medical attention,
etc., was not therein alleged.. Ga. 200
where there was nothing in the
pleadings or evidence which gave
jury right to find any damages
growing out of diminished earn-
ings of plaintiff for his labor re-
sulting from alleged injury, it
was error to charge jury to in-
quire whether there would have
been any increase in plaintiff's
earning capacity if injury had not
occurred, how much that was af-