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Thomas Johnson Michie.

A treatise on the law of carriers (Volume 4) online

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Release, p. 3873.
Representations, pn. 3872, 3871.
Requisites of contract, p. 3866.
Rescission, cancellation and reforma-
tion, p. 3873.
Seaworthiness, p. 3873.
Shippinsr permits, p. 3868.
Stipulations as to time and place of

shipment, p. 3872.
L'nilateral contract, p. 3868.
Usages and customs, p. 3871.
War. p. 3874.

Waiver of right to rescind, p. 3875.
Warranty, p. 3872.
What law governs, p. 3869.
Who liable on contract, p. 3877.

CONTRIBUTORY NEGLIGENCE, p.

2107:
Admissibility of evidence, p. 2294:

Acts unconnected with injury, p.
2299.



INDEX.



4167



CONTRIBUTORY NEGLIGENCE,

(■<'»/'(/.
Admissibility of evidence, cont'd.

Alighting from moving train or car,
p. 2301.

Boarding moving train, p. 2300.

Character for negligence or pru-
dence, p. 2298.

Custom to cross from one car to
another, p. 2296.

Drunkenness, p. 2300.

Evidence as to specific acts of neg-
ligence, p. 2299.

Evidence disproving or excusing
contributory negligence:
See infra, "Evidence Disprov-
ing or Excusing Contributor}'
Negligence."

General custom or usage, p. 2295.

General rule, p. 2294.

Habits or customs of injured pas-
senger, p. 2297.

Injuries to other passengers, p. 2298.

Opinion evidence, p. 2295.

Ordinances, p. 2299.

Previous experience in traveling on
trains or cars, p. 2298.

Res gests. p. 2294.

Riding on running board, p. 2301.

Rules of carrier and violation
thereof, p. 2298.

Standing in train, p. 2301.
Surroundings of place of injury, p.

2294.
Usage tending to show negligence

of passenger, p. 2297.
Vio'lation of rules, p. 2298.
Alighting at place other than station or
platform, pp. 2238, 2317.
General rule, p. 2238.
Invitation, direction or acquiescence
of carrier, p. 2241:
Direction to hurry, p. 2241.
General rule, p. 2241.
On advice of fellow passenger,

p. 2243.
Running past or stopping short
of destination, p. 2243.
Slowing up for railroad crossing
— Custom, p. 2243.
Stop after calling station as in-
vitation, p. 2242.
Proximate cause, p. 2240.
Questions of law and fact. p. 2362.
Running past or stopping short of
destination, p. 2243:
General rule, p. 2243.
Duty to require that train be

run back, p. 2243.
Duty to pass through cars to

station platform, p. 2243.
Stopping street car on wrong
side of street, p. 2244.
Stopping in obedience to signal, p.

2241.
Surroundings obA'iously inconsistent

with stopping place, p. 2239.
Temporary stops, p. 2240.
Alighting from moving train or car, pp.
2248, 2313.



CONTRIBUTORY NEGLIGENCE,

cont'd.
Alighting from moving train or car, cont'd.
Acts in emergencies:

Questions of law and fact, p.
2368.
Alighting from moving car on fail-
ure to stop at station, p. 2232:
Alighting from moving car on
failure to stop for sufficient
time, p. 2266.
General rule, p. 2262.
Invitation or direction of car-
rier, p. 2265.
Obvious danger, pp. 2264, 22G6.
Proximate cause, p. 2263.
Alighting from train after it has

started, p. 2315.
Children, p. 2254.
Crossing other tracks, p. 2278.
Defective platform, p. 2269.
Emergencies, p. 2260:

Against conductors warning, p.

2262.
Danger due to act of passenger,

p. 2262.
Duty to notify carrier of desire

to alight, p. 2261.
General rule, p. 2260.
Groundless fears, p. 2262.
Encumbered with baggage, p. 2255.
Evidence, pp. 2313, 2301.
Excuse, p. 2255.
Facts undisputed, p. 2250.
Failure to stop for sufficient time,
p. 2236.
Due diligence in leaving car, p.

2268.
General rule, p. 2266.
Invitation to alight, v. 2233.
Sudden starting while passen-
ger in act of alighting, p. 2237.
General rule, p. 2248.
Illustrations, p. 2313.
Instructions, p. 2395.
Invitation or direction of carrier,
pp. 2255, 2265:
Advice or action of other pas-
senger, p. 2258.
After boarding wrong train, p.

2260.
Alighting from moving car on
failure to stop for sufficient
time. p. 2263.
Alighting from moving train on
failure to stop at station, p.
2265.

Announcing station as invita-
tion, p. 2259.

Authority to give order, p. 2258.

Danger obvious, p. 2257.

Darkness, p. 2256.

Disregarding directions or
warnings, p. 2257.

Evidence, p. 2303.

General rule, p. 2255.

Mistaking conductor's signals,
p. 2257.

Slowing up for station as invi-
tation to alight, p. 2:i58.



4168



INDEX.



CONTRIBUTORY NEGLIGENCE,

cont'd.
Alighting from moving train or car, cont'd.
Justification, p. 2255.
Knowledge and consent of train-
men, p. 2314.
Mail sacks obstructing platform, p.

2270.
Manner of alighting, p. 2253.
Negligence of carrier, p. 2251.
Negligence per se, p. 2249.
Obstructions, p. 2269.
Obvious danger, p. 2251.
Passenger's knowledge of charac-
ter of place, p. 2253.
Persons at station to assist or take

leave of passengers, p. 2539.
Persons under disability, p. 2254.
Platform, p. 2269.
Presumptions and burden of proof,

p. 2290.
Proximate cause, p. 2251.
Questions of law and fact, p. 2357:
Boy, p. 2361.

Female passengers, p. 2361.
General rule, p. 2357.
Instances of alighting from

street car, p. 2358.
Instances of alighting from

train, p. 2359.
Manner of alighting, p. 2361.
Moving street car, p. 2357.
Rate of speed, p. 2252.
Rounding curve, p. 2253.
Special plea, p. 2282.
Unlighted platform, p. 2269.
Alighting from train or car, p. 2225.

Alighting at place other than sta-
tion or platform:
See infra, "Alighting at Place
Other than Station or Plat-
form."
Alighting at wrong end or part of
car or on wrong side of
train, p. 2244:
Invitation or acquiescence of

carrier, p. 2246.
Knowledge of right end, p.

2244.
Side door of baggage car, p.

2247.
Violation of rules, p. 2245.
Wrong end of car, p. 2244.
Wrong side of car, p. 2245.
Alighting from moving train:

See infra, "Alighting from
Moving Train or Car."
Announcing station, p. 2228.
Care required of passengers in gen-
eral, p. 2225.
Children, p. 2232.
Crossing other tracks:

See infra, "Crossing Other
Track."
Drunkenness, p. 2233.
Due diligence in leaving car, p.

2226.
Emergencies, p. 2227.
Emergency, p. 2233.



CONTRIBUTORY NEGLIGENCE,

cont'd.
Alighting from train or car, cont'd.

Facts justifying assumption of in-
vitation to alight, p. 2227.
General rule, p. 2227.
Going on platform or steps before
train stops, p. 2235:
Absence of negligence on part

of carrier, p. 2237.
Danger obvious, p. 2236.
General rule, p. 2235.
High rate of speed, p. 2237.
Massachusetts rule, p. 2238.
Sudden jerk, p. 2235.
Incidental dangers, p. 2234.
Intoxicated passenger, p. 2233.
Invitation or direction of carrier's
employees, p. 2227:
Alighting at place other than
station or platform, p.
2241:
Direction to hurry, p. 2241.
General rule, p. 2241.
On advice of fellow passen-
ger, p. 2243.
Running past or stopping
short of destination, p.
2243.
Slowing up for railroad
crossing — Custom, p. 2243.
Stop after calling station as
invitation, p. 2242.
Alighting at wrong end or part
of car or on wrong side of
train, p. 2246.
Moving train:

See infra, "Alighting from
Moving Train or Car."
Jumping on sudden start, p. 2227.
Moving train or car:

See infra, "Alighting from
Moving Train or Car."
Negligence as to incidental dan-
gers, p. 2234.
Negligence of carrier, p. 2226.
Persons under disability, p. 2232.
Place of alighting, p. 2230:

Alighting at place other than

station or platform, p. 2238.

Duty to look before alighting,

p. 2230.
Questions of law and fact, p.

2349.
Right to assume place safe, p.

2230.
Safety of place to alight and
manner of egress, p. 2349.
Preparing to 'leave conveyance be-
fore it stops, p. 2234:
Going on platform or steps be-
fore train stops, p. 2235.
Questions of law and fact, p.
2353:
General rule, p. 2353.
Going onto platform, p.

2354.
Going upon running board,
p. 2356.
Standing in aisle or seat, p.
2234.



INDEX.



4169



CONTRIBUTORY NEGLIGENCE,

cont'd.
Alighting from train or car, cont'd.
Preparing to leave conveyance be-
fore it stops, cont'd.
Questions of law and fact, cont'd.
Taking position on steps, p.
2356.
Presumptions and burden of proof,

p. 2290.
Questions of law and fact, p. 2347:
Acts by permission or direc-
tion of carrier's employees,
p. 2364.
Acts in emergencies, p. 2367.
Alighting from conveyance at
place other than station, p.
2362.
Alighting fron"" moving con-
veyance, p. 2357.
Crossing or walking on track
after alighting from car, p.
2363.
Elevators, p. 2352.
Generally, p. 2347.
Premature movement or lurch-
ing of train, p. 2350.
Preparing to leave conveyance

before it stops, p. 2353.
Safety of place to alight and
manner of egress, p. 2349.
Reasonable care defined, p. 2225.
Right to assume place safe, p. 2230.
Standing in aisle or seat, p. 2234:
Freight or mixed train, p. 2235.
Preparatory to alighting, p.
2234.
Stopping cars, p. 2227.
Stopping in obedience to signal, p.

2228.
Sudden movement of train or car,

p. 2315.
Sudden starting while passenger

alighting, p. 2226.
Unnecessary exposure to danger, p.

2230.
Using means afTorded for alighting,
p. 2228:
Failing to observe means af-
forded for alighting, p. 2229.
Injury avoidal^le by care on

part of carrier, p. 2229.
Insufficient facilities, p. 2229.
Retaining hold of supports, p.
2228.
Announcement of station:

Invitation to alight, pp. 2228, 2259.
Application of doctrine to carriers, p.
2113:
Care required of passengers in gen-
eral, p. 2117.
Carrier liable if by exercise of or-
dinary care it would have avoided
injury, p. 2115.
Degree of negligence that will pre-
clude recovery, p. 2115.
Doctrine of assumed risk inappli-
cable, p. 2113.
It is the duty of a passenger in an
elevator to use ordinary care, p.
2117.



CONTRIBUTORY NEGLIGENCE,

cont'd.
Application of doctrine to carriers,
cont'd.
Negligence proximity contributing
to injury precludes recovery, p.
2113.
Passenger required to exercise or-
dinary or reasonable care, p.
2117.
What constitutes contributory neg-
ligence, p. 2115.
Arm protruding from car:

See infra, "Limb or Other Part of
Person Protruding from Car."
Assumption of risk, p. 2113.
Awaiting and seeking transportation, p.
2130:
Questions of law and fact, p. 2323.
Baggage, p. 3155, 3157.
Baggage car, p. 2210.
Blind:

Degree of care required of blind
persons, p. 2121.
Boarding moving train or car, p. 2150:
Assumption of ordinary risks, p.

2151.
Before and after stopping and start-
ing, p. 2154:
After car starts, p. 2154.
After gates closed, p. 2155.
After signal to start, p. 2155.
Before car stops, p. 2154.
Bundles, p. 2158.
Children, p. 2158.
Elevator, p. 2160.
Evidence, pp. 2300. 2305
Failure to grasp handhold, p. 2151.
General rule, p. 2150.
Tniured bv act of operative, p. 215~.
Iniured by defective platform, p.

2157.
Injured by objects passed, p. 2157.
Injurv to children, women and in-
valids, p. 21.-)S.
Injurv to person carrying bundles,

p. 2158.
Instructions, p. 2390.
Invalids, p. 2158.
Invitation:

Evidence, p. 2302.
Invitation bv carrier, p. 2157.
Length of time oar stops, p. 2156.
Negligence per se, p. 2151.
Presumptions and burden of proof,

p. 2290.
Proximate cause of injury, p. 2151.
Questions of law and fact, pp. 2328,

2329, 2331.
Signaling car to stop, p. '?156.
Speed at which car is moving, p.
2152:
General rule, p. 2152.
Moving faster than man can

walk, p. 2153.
Running at unlawful rate, p.

2153. "
Slowed down on signal to stop,
p. 2152.



4170



INDEX.



CONTRIBUTORY NEGLIGENCE,

cant'd.
Boarding moving train or car, cont'd.
Speed at which car is moving, cont'd.
Slowly moving railroad train,

p. 2152.
Speed suddenly accelerated, p.

2153.

Speed suddenl}^ accelerated

after invitation to enter, p.

2154.

Speed suddenly accelerated

after slowing down, p. 2154.

Sudden jerks and increase of speed

of conveyance, p. 2.30G.
Transferring from one car to an-
other, p. 2159.
Where carrier could have avoided

injury, p. 2159.
Women, p. 2158.
Boarding train or car, p. 2142:
After signal to start, p. 2143.
At street crossings, p. 214G.
Boarding moving train or car:

See infra, "Boarding Moving
Train or Car."
Car detached from train, p. 2149.
Car not intended for passengers, p.

2149.
Car not stopped in required time,

p. 2143.
Car started suddenlj^ p. 2143.
Children, p. 2150.
Crowded car, p. 2143.
Degree of care, p. 2142.
Entering ahead of proper time, p.

2143.
Entering by front platform, p. 2146.
Entering elevator, p. 2149.
Entering in darkness, p. 2148.
Entering on wrong side, p. 2146.
Entering particular car, p. 2149.
Entering through baggage car, p.

2147.
Entering while carrying bundles,

p. 2148.
Entering without grasping hand-
hold, p. 2148.
Entering without stepping stool, p.

2148.
Evidence, p. 2305:

Boarding moving train or car,

p. 2305.
Disregarding carrier's provi-
sions for safety, p. 2305.
Elevators, p. 2307.
Entering car or conveyance, p.

2305.
Injury by automatic car doors,

p. 2307.
Injury on or near station plat-
form, p. 2305.
Sudden jerks and increase of
speed of conveyance, p. 2306.
General rule, p. 2142.
Injury from defective machinery,

p. 2142.
Instructions, p. 2390.
Manner of entering car, p. 2146.



CONTRIBUTORY NEGLIGENCE,

cont'd.
Boarding train or car, cont'd.
Gloving car:

See infra, "Boarding Moving
Conveyance."
Xegligence of particular passengers,

p. 2150.
Passenger having knowledge of

circumstances, p. 2150.
Passing over another train, p. 2149.
Permitting others to enter first, p.

2149.
Place of entering car, p. 2144.
Place other than station, p. 2145.
Place other than usual stopping

place, p. 2145.
Presumption and burden of proof,

p. 2290.
Questions of law and fact, p. 2328.
Sudden start, p. 2143.
Time of entering car, p. 2143.
Women, p. 2150.
Bundles, p. 21 5S.
Burden of proof:

See infra, "Presumptions and Bur-
den of Proof.
Care required of passengers:

See infra, "Degree of Care Required
of Passengers."
Carriers by water, pp. 3995, 4003.

Baggage, p. 4009.
Carriers of goods:

See "Loss or Injury to Goods."
Carriers of live stock:

Loss or injury caused by shipper,

p. 1342.
Questions of law and fact, p. 1478.
Carriers of passengers, p. 2107.
Changing position, p. 2218:

At intermediate stop. p. 2218.
Degree of care required of passen-
ger, p. 2218.
General rule, p. 2218.
Going to watercloset, p. 2219.
Leaving seat to ask information, p.

2218.
Aloving to shady side of car, p.

2219.
Xegligence per se, p. 2218.
Passine from one car to another,
p. 2220:
Children, p. 2225.
Custom and usage, p. 2222.
General rule, p. 2220.
Going to coach for colored

persons, p. 224.
Injury from jerking of train, p.

Negligence per se, p. 2220.
Passing from open to closed

street car, p. 2224.
Passing to and from baggage

car, p. 2223.
Passing to and from dining

car, p. 2223.
Passing to and from engine, p.

2223.
Passing to car added to train,

p. 2224.



INDEX.



4171



CONTRIBUTORY NEGLIGENCE,

cont'd.
Changing position, cont'd.

Passing from one car to another,
cont'd.
Passing to heated car, p. 2224.
Request or direction of con-
ductor, p. 2221.
Stepping off rear platform, p.

2224.
Vestibuled cars, p. 2225.
Where coupling defective, p.

2223.
While train rounding curve, p.
2223.
To avoid danger, p. 2219.
While cars being coupled, p. 22 !U.
Children, p. 2150:

Alighting from train or car, pp.

2232, 2254.
Care required of children, p. 2120.
Dangerous position, p. 2166.
Head out of window, p. 2205.
Leaving premises by improper

course, p. 2271.
Moving car, p. 2158.
Passing from one car to another, p.

2225.
Questions of law and fact, p. 2321.
Riding on platform, p. 2191.
Riding on step or footboard, p.
2199.
Cold:

Providing again-t cold, p. 2162.
Collisions:

Dangerous position of passenger,

p. 2165.
Failure of plaintiti to warn of im-
pending collision, p. 2161.
Standing in car, p. 2169.
Colored persons:

Riding in car intended for coloi'ed
persons, p. 2213.
Comparative negligence, p. 2403.
Concurring negligence of plaintiff and

defendant, 1). 2382.
Conditions in contract of carriage:

Clause requiring passenger to oc-
cupy certain place while train is
in motion, p. 2124.
Effect of violation of conditions in
contract of carriage, p. 2124.
Conduct in general, p. 2160.
Conduct while in transit:

Questions of law and fact. p. 2333.
Consent:

Acts by permission or direction of
carrier's employees, p. 2125.
Crossing:

Passenger crossing tracks to reach
station, train, or car, p. 2134.
Crossing in front of moving train, p.

2312.
Crossing other tracks, pp. 2272, 2318.
Attempting to crawl between cars

of freight train, p. 2279.
Crossing track lying between sta-
tion and train or car, p. 2275.
General rule, p. 2272.
Illustrations, pp. 2272-2274.



CONTRIBUTORY NEGLIGENCE,

cont'd.
Crossing other tracks, cont'd.

Passenger alighting from train or
car before it stops, p. 2278.

Passengers alighting from street
cars, p. 2277.

Passengers on freight train on
which their live stock is in tran-
sit, p. 2277.

Questions of law and fact, pp. 2325,
2363.

Stop, look, and listen, p. 2274.
Crossing tracks to reach station, train,
or car. p. 2134:

Application to passengers of re-
quirement to stop, look and lis-
ten, p. 2137.

Degree of care carrier owes to pas-
senger crossing tracks at station,
p. 2134.

Facts held not to constitute con-
tributory negligence, pp. 2136,
2137.

Information or request of carrier's
employee as precluding contrib-
utory negligence, p. 2140.

Not contributory negligence as
matter of law, p. 2134.

Passenger must exercise ordinary
or reasonable care, p. 2135.

Passenger not required to exercise
the degree of care required of
persons not passengers, p. 2136.

Passengers leaving and returning
to train while it is temporarily on
a side track, p. 2139.

Stop, look and listen, p. 2137.
Crowded car, pp. 2160, 2309.

See infra, "Riding on Plat-
form."

Riding on step or footboard, p. 2193.
Danger:

See infra, "Emergencies.

Unnecessary exposure to danger in
alighting, p. 2230.
Dangerous position, p. 2163:

Acts of employees, p. 2166.

Children, p. 21G6.

Children and invalids, p. 2166.

Degree of care, p. 2164.

Defective tracks, p. 2166.

Evidence, p. 2308

General rule. p. 2163.

Injurv caused by collision, p. 2165.

Injury caused by unusual accidents,
n. 2165.

Invalids, p. 2166.

Knowledge and direction of em-
ployee, p. 2164.

Knowledge of dangerous position,
p. 2308.

Limb or other part of pcrs(Mi pro-
truding from car:
See infra, "Limb or Other Part
of Person I'rotruding from
Car."

Platform gates opened, p. 2166.

Riding in place provided for pas-
senger, p. 2164.



4172



INDEX:



CONTRIBUTORY NEGLIGENCE,

cont'd.
Dangerous position, cont'd.

Riding- in elevator, p. 210.".
Riding on car not intended for pas-
sengers:
See infra, "Riding on Car Not
Intended for Passengers."
Riding on platform:

See infra, "Riding on Platform."
Riding on step or footboard:

See infra, "Riding on Step or
Footboard."
Riding on train containing dyna-
mite, p. 21G5.
Sitting- by open window, p. 2] 67.
Sitting in chair, p. ?107.
Sitting near stove, p. 2167.
Sitting negligently in seat, p. 2167.
Standing in car:

See infra, "Standing in Car."
Where carrier fails to provide safe

place, p. 2165.
Whether or not plaintiff is passen-
ger, p. 2164.
While train standing still, p. 2166.
Deaf persons, p. 2388.
Declaration, petition or complaint:

Negativing contributorv negligence,
pp. 2615, 2625.
Definition, p. 2377.

Degree of care required of passengers,
pp. 2117, 2377.
Awaiting and seeking transporta-
tion :

See infra, "Stations and Stop-
ping Places."
Blind persons, p. 2121. "
Care required of passengers on

freight trains, p. 2120.
Care required of passengers on

mixed trains, p. 2119.
Carrier not liable if passenger could
have prevented injury by exer-
cising ordinarv care, p. 2118.
Children, p. 2120.
General rule, p. 2117.
Illustrations, p. 2378.
Instructions, p. 2377.
Intoxicated persons, p. 2120.
Limit of passenger's obligation in
avoiding injury is ordinary care,
p. 2118.
Ordinary care defined, p. 2119.
Ordinary or reasonable care, p.

2117.
Persons in feeble health, p. 2122.
Directing verdict, p. 2320.
Directions:

Acts by permission or direction of

carrier's employees, p. 2125.
Disregarding directions or warning
of carrier's employees, p. 2124.
Disease:

Guarding against disease, p. 2162.
Door:

Limb or other part of person pro-
truding from car.
See infra, "Limb or Other Part
of Person Protruding from
Car."



CONTRIBUTORY NEGLIGENCE,

cont'd.
Drover:

See infra, "Riding in Car Not In-
tended for Passengers."
Drunkenness, p. 2389:

Admissibility of evidence, p. 2300.
Alighting frtjm train, p. 2233.
Degree of care required of drunken

persons, p. 2120.
Instructions, p. 2389.
Questions of law and fact, p. 2321.
Riding in baggage car, p. 2212.
Riding on platform, p. 2191.
Ejection of passengers, pp. 2410, 2428,

2440, 2460, 2484, 2491.
Elevators, p. 2165:

Entering elevator, p. 2149.
Entering moving elevator, pp. 2160,

2307. ^
Questions of law and fact, pp. 2330,
2333, 2352.
Emergency:

Acts in emergencies, pp. 2127, 2400.
Attempting to escape after ex-
plosion in electric car, p. 2129.
Attempting to leave car to
avoid impending danger, p.
2128.
Care required of persons going

•to trains, p. 2130.
Leaping from train to avoid in-
jury from collision, p. 2129.
Passenger not required to act
with same deliberation and
foresight as under ordinary
circumstances, p. 2130.
When acts by passenger in ap-
parent peril do not constitute
contributory negligence, p.
2127.
When passenger's conduct will
preclude his recovery, p. 2129.
Illustrations, pp. 2400, 2401.
Instructions, p. 2400.
Jumping from car to avoid danger,
p. 2400.

Employees:

See infra, "Master and Servant."

Engine :

Riding on engine:

See infra, "Riding in Car Not
Intended for" Passengers."
Entering conveyance:

See infra, "Boarding Car."

Evidence:

Admissibility of evidence :_

See infra, "Admissibility of Ev-
idence."
Alighting from car between sta-
tions, p. 2317.
Alighting from moving train or car,

p. 2313.
Burden of proof:

See infra, "Presumptions and
Burden of Proof."
Burning out of fuse, p. 2312.
Crossing in front of moving train
to reboard train on side track, p.
2312.



INDEX.



4173



CONTRIBUTORY NEGLIGENCE,

co>it'cl.
Evidence, cont'd.

Degree of proof, p. 2:10 1.
Entering train or car, p. 2305:

Boarding moving train or car,

p. s.iob.
Disregarding carrier's provi-
sions for safety, p. ;230o.
Elevators, p. 2o07.
Injury by automatic car doors,

p. 2307.
Injury on or near station plat-
form, p. 2f50ri.
Sudden jerks and increase of
speed of conveyance, p. 2306.
Falling, p. 2313.
Injury caused by sudden movement

of train or car, p. 2315.
Instructions, pp. 2373, 2375.
Knowledge of dangerous position,

pp. 2307, 2308.
Last clear chance, p. 231S.
Leaving conveyance, p. 2313.
Leaving depot or station, p. 2318.
Passenger driving stage coach, p.

2312.
Passenger struck by car on parallel

trackT p. 2318.
Presumptions and burden of proof:
See infra, "Presumptions and
Burden of Proof.'"
Putting head or arms out of car, p.

2311.
Piding on crowded street car, p.

2309.
Riding on freight train, p. 2308.
Riding on platform of train, p. 2309.
Riding on platform steps or running

board of street car, p. 2309.
Sufficiency of evidence, p. 2304.
Willfulness or wantonness of car-
rier's servants, p. 2318.
Evidence disproving or excusing con-
tributory negligence, p. 2302:
Absence of conductor, p. 2303.
Alighting from moving train or

car, p. 2303.
Construction and eciuipment of car,

D. 2303.
Directions to board moving train,

p. 2302.
Evidence of absence of negligence,

p. 2302.
Failure to v^'arn passenger of dan-
ger, p. 2303.
Following directions of conductor

or trainmen, p. 2302.
Mode of handling trains at point

in question, p. 2303.
Reason for injured jjcrson's actions,

p. 2:',02.
Similar negligence (jf other persons,
p. 2304.
Expert and opinion evidence, p. 2295.
Express cars, p. 2210.
Failure to warn of impending collision,

p. 21fn.
Falling over ol)Staclc in car, p. 21(51.
Findin.gs, ]>. 2404.



CONTRIBUTORY NEGLIGENCE,

cont'd.
Flagging train, p. 2141.
Footboard:

See infra, "Riding on Step or Foot-
board."
Freight trains:

See infra, "Riding in Car Not In-
tended for Passengers."
General denial, p. 2279.
General rule, p. 2113.
Guarding against disease, p. 2162.



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