The Law of Railroad Fences and Private Crossings: Including Injuries to Animals on Right of Way Caused by Negligence (Google eBook)

Front Cover
Bowen-Merrill, 1892 - Domestic animals - 590 pages
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Contents

Individuals Operating Road
52
Trustee or Mortgagee 32 Contractor for Construction Liable
53
Stock at Large in Violation of Herd Law Continued
56
Corporation Liable for Contractors Failure to Build 34 Receiver of Court in Possession of Railroad 35 Unauthorized Acts of Servant 33 Two Compan...
61
Railroad owning only an Easement 38 Trespassing Company
62
PARTITION FENCES
63
Easement
67
AGAINST WHOM MUST FENCE
68
Passing Through Inclosed or Cultivated LandPrairie
100
CHAPTER VI
102
WaiverRelease
103
Contract Does not Bind Third Parties
104
Contract Running with Land
105
Tenant
107
OccupierTenant
108
Damages for Fences may be Allowed
109
Damages Cannot be Allowed for Cost of Fences
111
Effect of Assessing and Paying Damages 74 Company Contracting to Fence 75 Land Owner may Erect the Fences when Contracted
114
Specific PerformancesProceedings in Equity 77 Parties to a Specific Performance 78 Agent of Railway Contracting to Fence
120
FENCING HIGHWAY
121
Highway Parallel to Railway
127
Railroad Built on Highway
128
Abandoned Highways
129
FENCING WITHIN CITIES AND TOWNS AND AT STATIONS AND SWITCHES
132
Fencing Switching GroundsExpertsQuestion for Jury
149
Same Continued
151
Danger to Employees
155
Mill and Warehouse or ElevatorTelegraph Office Enginehouse Machine and Car ShopsWoodyard or Coalyard
158
Summary of Indiana Cases
160
Examples
163
Expert Testimony
168
99o Parallel Railroad Tracks
172
CATTLE GUARDS
173
Cattle Guards at Farm Crossings
181
Sufficiency of Guards or Pits
183
SnowNonRepair
185
WHEN MUST FENCE
187
CHAPTER XI
194
SUFFICIENCY OF FENCE
201
COMPANY MUST MAINTAIN FENCES AND GATES OR BARS
224
ings
235
Bars 147 Statutory Gates and Fastenings
237
Difficult Gate to ShutHabitually Open 149 Knowledge of Defective or Open Gate
242
Gates at Private Crossings Left Open by Adjoining LandownerDegree of Care 151 Liability of Company to third Persons for Gates Left Open
243
Adjoining Landowner Must Keep Gate Closed as to His Own Stock
247
Owner of Stock Must Make an Endeavor to Prevent Injury
250
Person Leaving Gate Open Liable to Owner of In jured Stock
253
Gates at Crossings Leadiug from Private Road of Railroad Used by the Public
255
Creating a Private Crossing where not Required by Statute Duty of Railroad
256
Pleading
257
Defective Fence or GatePractice
258
Evidence of Defective Gate or Fence 160 Instructions to Jury 161 Question for Jury
260
AGAINST WHAT MUST FENCE
262
Animal Escaping from Owners Control
319
Animal Running at Large near Depot or Station
320
STATUTE OF LIMITATIONS
327
NOTICE TO BUILD FENCE OR CROSSING OWNER BUILDING
331
Owner Recovers Value of Animal Killed
334
Proof of Value
335
Injury to Animal 209 Exemplary Damages
336
Value of Animal for Beef or for its Hide 211 Owner May Recover Cost of Caring for the Injured Animal
339
Loss of Service of AnimalInterest 213 CropsCost of HerdingWatchmanRent
340
Double Damages
342
Attorney Fees
343
Interest
344
TenderCosts 218 Abandonment of Animal
345
THE MKASURE OF DAMAGES PLEADING AND PRACTICE
348
Double DamagesNoticePractice 252 Object and Service of NoticeSufficiency of Affidavit 253 ChampertyCombination of Cattle Owners to Prose cute...
349
Contract
350
Venue
352
222 Action Within Township
354
Jurisdiction with Respect to Amount
355
Allegations in Indiana Touching Sufficiency of Fence 225 Pleading Before Justice of the Peace in Indiana
360
Action Upon the Missouri Statutes Section 809
368
Amendment on Appeal from a Justice of the Peare 230 Absence of Fence Must be the Cause of the Injury 231 Kind of Action
372
Miscellaneous
406
PART IIPRIVATE CROSSINGS
407
PRIVATE CROSSINGS CHAPTER XXIV
409
Repairing and Maintaining 285 Obstructing Private Crossing and Private Way 286 Company must Fence at Private CrossingWaiver
410
Farm Crossing Used as a Public on
445
Same Continued
448
CattleGuards 290 Early Pennsylvania Rule Concerning the Duty of Land Owners to Provide Guards for PitfallsOwn
449
Rights Duties and Injuries at Private Crossings 292 Correlative Rights and Duties at Private Crossings
451
Company Attracting Stock on Track
456
Remoteness of Danger 323 Failure to Fence as Evidence of Negligence 324 Willful Act of Servant does not Render the Company Liable 325 Burden ...
459
Degree of Care
462
Checking SpeedCorrelative Duties of Railroad Contributory Negligence
465
Constant Lookout by Engineer
469
Sudden Entry of Animal upon Track 300 Animal Near Track
475
Duty when Stock Scared and Near Track 302 Stopping Train
479
Rate of Speed
483
Rate of Speed at Particular Times and Placet
485
Rate at Night 306 Illegal Rate
487
May Increase Speed in Case of Danger
489
Proof of Rate of Speed 309 Expert Testimony to Show within what Distance a Train may be Stopped
490
Unsafe or Insufficient Appliances
491
Failure to use Bell and Whistle 312 Statutory Requirements Concerning use of Bell and Whistle in Missouri
493
Statutory Requirements Concerning use of Bell and Whistle in Illinois
494
Statutory Requirements in Several States
496
Contributory Negligence
500
Rules in Regard to Contributory Negligence 317 Animal Trespassing on Track or Unlawfully at Large 318 Animal Unlawfully at Large
511
Same ContinuedMississippi
533
Same ContinuedTennesseeNorth CarolinaDa
534
Pleading
537
Negligence a Question for the JuryDirecting Ver dictDemurrer to Evidence 335 Miscellaneous
539
Copyright

Common terms and phrases

Popular passages

Page 529 - A railroad company shall be liable for any damage done to persons, stock or other property, by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the...
Page 288 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 273 - Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout...
Page 251 - Hamilton v. McPherson, 28 NY 72, it is said by Judge Selden: 'The law, for wise reasons, imposes upon a party subjected to injury from a breach of contract, the active duty of making reasonable exertions to render the injury as light as possible.
Page 125 - ... and such gates shall be of such dimensions and so constructed as when closed to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway...
Page 495 - A bell of at least thirty pounds weight or a steam whistle shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where the...
Page 187 - ... there is nothing in the language of the statute to indicate that the legislature intended to use the term in a broader sense than that in which it is ordinarily employed.
Page 200 - It is now well settled, certainly in this state, that where a statute or municipal ordinance imposes upon any person a specific duty for the protection or benefit of others, if he neglects to perform that duty he is liable to those for whose protection or benefit it was imposed for any injuries of the character which the statute or ordinance was designed to prevent, and which were proximately produced by such neglect.
Page 4 - ... become the property of the same person, the pre-existing obligation to repair the fences is destroyed by the unity of ownership. And where the person, who has so become the owner of the entirety afterwards parts with one of the two closes, the obligation to repair the fences will not revive, unless express words be introduced into the deed of conveyance for that purpose, Per Bayley, J.
Page 533 - In all actions against railroad companies for damages done to persons or property, proof of injury inflicted by the running of the locomotives or cars of such company shall be prima facie evidence of the want of reasonable skill and care on the part of the servants of the company in reference to such injury.

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