INDEX TO NOTES. MASTER AND SERVANT. Duty to Warn and Instruct Servant. Changes in appliances or work place, 655. Directed to perform work not within scope of employment, 660, Experienced employees, 665. Inexperienced employees, 669. Inexperienced employees-Obvious dangers, 675. Information acquired by employee from other source, 641. Latent dangers, 647. Latent dangers not discoverable by exercise of ordinary care, 654. Minors, 675. Obvious dangers, 641. Perspicuity, 677. Perspicuity as affected by characteristics of employee, 679. Rule with regard to changes in appliances or work place applies to latent hazardous only, 658. Total incapacity to appreciate dangers, 677. Work not within scope of employment, 659. Work place rendered unsafe by other work, 661. Work rendered hazardous by extraneous cause, 659. 35 R R R-51 GENERAL INDE X. ACCIDENTS ON TRACK. See CROSSINGS; DEATH BY WRONGFUL ACT; LICEN- Appliances. Railroad is not required to equip its freight trains with automatic brakes. Pinson v. Southern Ry. (S. Car.), 700. Contributory Negligence. Duty of person on track to keep constant lookout for approaching trains. Southern Ry. Co. v. Bailey (Va.), 557. Degree of Care. Duty of guarding person against injury which the law imposes on railroad company is no greater than that which the person owes to care for his own safety. Southern Ry. Co. v. Bailey (Va.), 557. Discovered Peril. That engineer, while train was 21⁄2 miles from where deceased was struck by train, was in his place, looking forward, was too remote to warrant conclusion that he discovered deceased in time to avoid the injury. Southern Ry. Co. v. Stewart (Ala.), 234. Last Clear Chance. Doctrine of did not apply, since at any time the drayman, when standing near track, apparently in possession of all his faculties, could have escaped injury from the train, and hence it was a case of concurring negligence. Southern Ry. Co. v. Bailey (Va.), 557. Duty of trainmen to do all that they can consistent with their higher duty to others to save person on track from consequences of his own negligence in being there. Southern Ry. Co. v. Bailey (Va.), 557. For engineer to see man on track is not necessarily to see that he is in position of danger. Southern Ry. Co. v. Bailey (Va.), 557. ACTIONS. See DEATH BY WRONGFUL ACT. AGENCY. See CONNECTING CARRIERS; EVIDENCE; MASTER AND ANIMALS. See FRIGHTENING TEAMS; STOCK, INJURIES TO. Not required_to__stop_street cars to avoid collisions with dogs. Henry v. St. Paul City Ry. Co. (Minn.), 9. Right of motorman to act on presumption that ordinarily a dog on street car track will get out of the way. Henry v. St. Paul City Ry. Co. (Minn.), 9. BAGGAGE. What Is. Question for court or jury. Vlasservitch v. Augusta & A. Ry. Waiver of rule prohibiting passengers from bringing large and BILLS OF LADING. See CARRIERS; CONNECTING CARRIERS. CARRIERS. See COMMON CARRIERS; CONNECTING CARRIERS; CARRIERS OF LIVE STOCK. Burden of Proof. Shipper has burden of proving that injury to stock occurred Damages. For negligent failure to 135. deliver cattle in time for a certain sale, Measure of damages was difference between the price that ship- Prima facie evidence of market value of horses delayed and in- Dak.), 615. Degree of Care. Car, duty to furnish safe and suitable. Berry v. Chicago, etc., Carrier not liable for injuries inflicted by animals upon each Delay. Evidence showed unreasonable delay in transportation of live Co. (Iowa), 396. Limiting Liability. Agreed valuation of stock. Berry v. Chicago, etc., Ry. Co. (S. . Carrier may not exempt itself from liability for any negligent CARRIERS OF LIVE STOCK-Continued. act in transporting stock. Bartelt v. Oregon R. & N. Co. 410. Notice of loss to be given within specified time, hogs that died Where injury to live stock resulted from negligent operation of CARRIERS OF MAIL. Government of United States in the carriage and delivery of mails Mail clerk, liability of railroad for injuries to. Barker v. Chicago, Railroad in carrying the mails is not an agent or public officer en- CARRIERS OF PASSENGERS. See BAGGAGE; CONSTITUTIONAL LAW; EXPRESS COM- Assaults. Assault by inspector upon street car passenger, liability of car- |