The law of the road; or, wrongs and rights of a traveller

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

The law of the road; or, wrongs and rights of a traveller

About This Book

INDEX.