References

ANNOTATION.

Evidence-Continued.

person to inspection of experts,
218.

Rules. Parol proof of rule at-
tached to applications for em-
ployment, 314.

Inspection of Person. See Evi-

DENCE.

Jurisdiction.

Action for wrongful death, 521.
Lease.

Liability of lessor for injuries sus-
tained through operation of
leased railroad, 48.
Master and Servant.

Torts of servant; recovery of ex-
emplary damages for, 48.
Construction of statute. Right of
employe to recover. "Any per-
son," 338.

Construction of side tracks.

Duty

of company towards its em-
ployes, 380.
Employment of inexperienced per-
son of full age as brakeman, 307.
Erections and obstructions adjoin-
ing track, 292.

Obligation of employer to inspect
cars of other companies, 263.
Bridge watchman. Sufficiency of
evidence, 428.

Engineer. Negligence. Obscured
view, 347.

Misplaced switch. Sufficiency of
evidence to sustain verdict, 347.
Negligently loading car. Motion
for non-suit. Responsibility of
company, 375.

Splinter projecting from rail, 380.
Switching. Use of engine with
square instead of sloping tank,
381.
Construction of Pennsylvania stat-
ute. Person engaged about cars
or railroad of company of which
he is not an employe, 523.
Appliances. Duty of employer.
Existence of better appliances,

ANNOTATION.

Master and Servant-Continued.
- Opinion evidence. Necessity
of safety switch. Competency
of witness, 355-

Risks assumed by using ap-
pliances apparently defective,
288.

Employe's knowledge of de-
fect. Use of switch engine hav-
ing square tank, 354.

Knowledge of defect. Prov-
ince of jury, 288.

Knowledge of defect. Use
of defective brake, 288.

Use

Furnished by master.
of other defective appliances,
289.

Amendment of pleading.
Statutory cause of action, 355.
Instructions. Assumption
that engine defective, 356.
Instructions. Experience of
employe, 355-

Instructions. Duty to in-
form employe of danger, 356.
Instructions as to duty of com-
pany, 355.

Instructions as to employer's
duty, 353.

Instructions. Risks assumed
by brakeman. Breaking of rail,
354-

Province of jury. Sufficiency
of evidence to prove defects, 355.
Contributory negligence. Assum-
ing dangerous position. Inju
ries caused by recklessness of
another, 413.

Apprehension of danger, 326.
Failure to extricate oneself
from dangerous position, 413.
Unnecessarily going upon
railroad track, 413.

Car repairer. Assuming dan-
gerous position. Kicking, 330.
Brakeman. Forgetfulness of
defect, 429.

Gross recklessness of con-
ductor of gravel train, 429.
Switchman on top of load of
lumber, 428.

Province of jury, 428.
Coupling. Unusual construction
of apparatus. Ignorance of
brakeman, 273.

Use of freight engine instead
of switch engine, 330.

Use of locomotive having
goose neck draft-iron. Notice
to employe, 273.

Contributory negligence. In-
structions. Expression of opin-
ion on facts, 429.

Derailment. Evidence. Testi-
mony of person employed in
construction of road, 381.

Evidence. Opinion of brake-
man, 381.

Defect-

Pleading and proof.
ive track. Low joint, 381.
Evidence. Admissibility. Nar-
row escape of another employe,
380.

Res geste. Statement of track
walker to section boss, 381.

Presumption arising from
happening of accidents, 354.

Admissibility of testimony as
to reputation for carefulness,
320.

Admissibility of book con-
taining rules. Knowledge of
employe, 315 n.

Evidence of ownership of rail-
road, 368.

Sufficiency in absence of eye
witnesses, 428.

Excessive speed. Failure to
give statutory signals. Injuries
at place other than crossing, 347.

Precautions taken by em-
ploye to avoid injury. Instruc-
tions, 346.

Injuries to bridge watchman.
Sufficiency of complaint, 347.
Fellow-servant. Bridge watch-

man and engineer and conductor
of train, 450.

443.

472.

Car repairer and foreman,

Engineers and switchman,

· Instructions.
negligence, 363.

Evidence of

Engineer. Admissibility of
record of accidents, 314.

Engineer. Evidence. Ne-
cessity of repairs to engine, 362.
Engineer. Evidence as to
carelessness. Opinion of brake-
man, 362.

Engineer. Sufficiency of ev-
idence, 363.

Special findings negativing
negligence. Verdict for plaint-
iff, 363.

Interchange of traffic. Duty to
block frog. Employe of con-
necting company, 367.

Negligently leaving cars on
track of connecting company,
367.

Minor employe. Exposure to dan-
ger. Loading lumber car. 306.
Liability for personal in-
juries, 301.

Use of improper language by
counsel in argument, 307.
Overhead bridges. Obligation of
company to employes in con-
structing bridges, 256.

Risks assumed by train-
hands, 257.

Notice to company of danger-
ous condition of bridge. Evi-

ANNOTATION.

Passengers-Continued.

ger. When relation of pas
senger and carrier exists, 63.
Purchase of ticket and pay-
ment of fare, 63.

Assent of carrier. Illegal and
invalid contract, 63.

Presumption arising from
presence of traveller, 63.
Persons in waiting room, 64.
Persons at depot to take
train, 64.

Persons hailing street car,
etc, 65.

Persons leaving cars, 65.
Persons leaving cars at inter-
mediate stations. 66.

Persons entering car, 65.
Transportation obtained by
fraud, 66.

Persons entering wrong
train, 68.

Permission of employes to
travel on train, 68.

What employes may invite
or permit persons to travel as
passengers, 69.

Drovers travelling in charge
of cattle, 70.

Express messengers, 70.
Mail agents, 70.

Newsboys, etc, 70.

Employes riding to and from

work, 71.

72.

Persons assisting passengers,

Trespassers.

Statutes pro-
viding for expulsion, 72.
Accommodations. Discrimination
against colored passengers, 42.
Alighting. Reasonable time to
alight from train, 158, 168.

from moving train by con-
ductor's orders. Sufficiency of
evidence, 171.

from moving train. Exemp-
lary damages. Absence of in-
jury, 171.

from moving train. Failure
to stop at station, 184.

- Street car. Admission of
president of company as to
driver's negligence, 234.
Assault by driver of street car.
Cessation of contract of car-
riage. Scope of employment,

239.
Boarding moving street car. Con-
tributory negligence, 235.
Connecting lines. Contracting

on freight car. Evidence.
Signals. Existence of fence.
Custom of people to cross switch,
504.

9 years of age. Contributory
negligence, 507.

Riding upon footboard of en-
gine. Instructions, 507.
Contributory negligence. Failure
to look for approaching train
before stepping on track. 533.

Failure to heed warning and
signals, 534.

Evidence. Expression of opinion
of witness as to cause of acci-
dent, 504.

as to intoxication of injured
person, 504.

Licensees. Injuries on track, 503.
Injury by substance thrown
from train. Sufficiency of evi-
dence, 503.

Habitual use of bridge by foot trav-
ellers. Instructions. Knowl-
edge of engineer. Excessive