upon the engine, even at engineer s invitation, he is a trespasser.
Virginia M. R. Co. v. Roach (Va.). 271.
Riding on steps and platform of street cars.
Right on platform. It is the duty of a passenger standing on platform
of a car to go inside when requested to do so by a person having
charge. Graville v. Manhattan R. Co. (N. Y.). 375.
Running train past station. It is negligence to run a train without
warning at high rate of speed past a station at which another train
is discharging passengers. Robostelli v. New York & H. R. Co.
(C. C.). 515.
Seat. Company must provide safe place and seats for passengers.
361 n.
Seats. Duty of company. Passenger refused to pay fare unless seat
was provided held that he had a right to do so, and did not thereby
become a trespasser. Hardenbergh v. St. Paul, etc., R. Co. (Minn.).
359.
Selection of materials. Carrier exercises sufficient care in selection of
plan and materials if it selects such as are in use and have been
found sufficient. Pershing v. Chicago, etc., R. Co. (Iowa). 405.
Setting down passenger. It is error to instruct jury that company is
bound to exercise strictest vigilance in carrying passengers and in
setting them down safely at their destination. Hurt v. St. Louis,
etc., R. Co. (Mo.). 422.
Sleeping and eating car: passenger on, is not entitled to have his berth
made up by porter before porter has finished lunches previously
ordered by other passengers. Pullman P. R. Co. v. Ehrman (Miss.)..
362.
Sleeping Car Company. See that title.
Stopping car at dangerous place. Where carrier brings passenger to the
place where the train was going, all it is bound to do is to see that
he is afforded reasonable immunity from danger. Smith v. Central
R. & B. Co. (Ga.). 456.
Stopping train at dangerous place. Illustration used by court in instruc-
tion as to stopping train on a trestle over a river held proper. Smith
v. Central R. & B. Co. (Ga.). 456.
Subsequent sickness. Instruction. Where there is evidence that pas-
senger received injuries which would entitle him to a recovery, and
which caused subsequent sickness, it is error to instruct the jury
that they must infer that plaintiff could not recover unless the sick.
ness was caused by it. Graham v. Burlington, etc., R. Co. (Minn.).
397.
Sunday injuries to passengers travelling on. 396 n.
Sunday law. Massachusetts adjudications as to right of persons travel-
ling on Sunday to recover for negligence of company's servants,
will be followed by federal courts in actions arising in that State.
Bucher 7. Cheshire R. Co. (U. S.). 389.
Sunday law. Res adjudicata. Determination of Massachusetts court
that errand on which plaintiff was travelling was not one of necessity
or charity, held to exclude consideration of that question from jury
in federal court, in action after he had become nonsuit in State court.
Bucher v. Cheshire R. Co. (U. S.). 389.
Termination of relation. Passenger who has reached his destination
and started to cross track not on his way to the station, and is
injured while so crossing, has ceased to be a passenger before the
accident. Allerton v. Boston & M. R. Co. (Mass.). 563.
Through trains. A railroad may adopt a regulation that one of its
through trains shall only stop at certain designated stations. Atchi-
son, etc., R. Co. v. Gants (Kan.). 290.
Travelling in caboose. Chairs. Fact that plaintiff was sitting in a chair
in the caboose of a train, when stationary seats were provided, and
that if he had used such seats he would not have been thrown down
and injured, does not show contributory negligence. Quackenbush
v. Chicago & N. W. R. Co. (Iowa). 545.
Trespasser. Baggage master has no authority to invite or permit per-
sons to ride on train; such permission cannot create relation of
carrier and passenger. Reary v. Louisville, etc., R. Co. (La.). 277.
Trespasser. Company is not liable to person riding on train at invita-
tion of baggage-master for injuries received, unless through negli-
gence of company. Reary v. Louisville, etc., R. Co. (La). 277.
Trespasser in caboose injured by train being moved in a negligent man-
ner, although engineer or brakeman had no knowledge of his pres-
ence, held entitled to recover under Iowa statute. Way v. Chicago,
etc., R. Co. (Iowa). 286.
Trespasser on train injured by collision in course of coupling cars;
verdict set aside as contrary to instruction although such instruction
was erroneous. Way v. Chicago, etc., R. Co. (Iowa.). 286.
Railway is not bound to same degree of care in regard to
mere strangers unlawfully on its premises that it owes to passengers.
Reary v. Louisville, etc., R. Co. (La.). 277.
Unmanageable horses. Evidence of former street car driver held ad-
missible in action in which plaintiff complained of injuries alleged
to have been caused by use of. Dougherty v. Missouri R. Co.
(Mo.). 488.
Wrong train. If mistake was induced by ticket agent, extra fare paid is
an element of damage in addition to such as was occasioned by
being carried beyond destination. Atchison, etc., R. Co. v. Gants
(Kan.). 290.
Wrong train. Mistake of agent. Person getting on wrong train by
mistake and who refuses to pay fare, although able to do so, should
leave the train when stopped by the conductor. Atchison, etc., R.
Co. v. Gants (Kan.). 290.
Wrong train. Passenger on train that does not stop at station named
in his ticket. Expulsion. 307 n.
Baggage: penalty for refusal to carry. 255 n.
PLEADING AND PRACTICE. See NEGLigence; Surface Waters.
Argument of counsel. Improper remarks of counsel as a ground for
reversal. 75 n.
Argument of counsel. In an action for personal injuries court refuses
to set aside a verdict because of certain remarks made by counsel
for plaintiff in his argument. Battishill v. Humphreys (Mich.) 69.
Complaint. Amendment to petition for damages for injuries sustained
by passenger, concerning character of horses and jerk in starting car,
PLEADING AND PRACTICE-Continued.
held not to substitute new cause of action. Dougherty v. Missouri
R. Co. (Mo.). 488.
Death of joint contractor. Under Indiana code the whole right in a
joint contract vests in the survivors, and such survivors may main-
tain an action thereon without joining the representatives of the
deceased. Indiana, etc., R. Co. v. Adamson (Ind.). 127.
Injury at crossing. Variance. Recovery cannot be had under statute
conferring right of action where person is injured at crossing and
employees neglected to give signal, when counts are founded upon
other statutory provisions. Allerton v. Boston & M. R. Co.
(Mass.). 563.
Injuries. Specification. Allegation in pleading that plaintiff was "in-
jured in spine, chest, head, etc.," held sufficiently comprehensive to
embrace heart disease. Gulf, etc., R. Co. v. Mannerwitz (Tex.).
428.
Injuries. Supervening disease. Under allegation that plaintiff was so
injured that he suffered great pain, became sick, etc., evidence that
he was suffering from Bright's disease, held admissible. Ohio & M.
R. Co., v. Hecht (Ind.). 447.
Injury to passenger. Sufficiency of complaint. Complaint alleging con-
tract to transport plaintiff, but not alleging that point at which
accident occurred is between place of departure and destination is
sufficient, if it appear that plaintiff was injured while being carried
under contract. International & G. N. R. Co. v. Underwood (Tex.).
570.
Lease of road. Railroad has no power to lease its road without statu-
tory authority, and plea by lessor that it had leased the road is not
sufficient. International & G. N. R. Co. (Tex.). 570.
Redundant allegation. Allegation in action for injuries that plaintiff
was a passenger held merely redundant and not to defeat his recovery.
Way v. Chicago, etc., R. Co. (Iowa.). 286.
Sale of road. Personal injuries: to constitute sufficient defence for,
company must not only plead that by virtue of private act (which it
should properly refer to), it had sold its road, but must show that it
had complied with conditions imposed upon sale. East Line, etc.,
R. Co. v. Rushing (Tex.). 367.
Service of process. Foreign corporation. Service in action against
foreign corporation cannot be made on agent whose authority is
limited to soliciting business, although he has been employed to
compromise the suit. Maxwell v. Atchison, etc., R. Co. (Č. C.).
Service of process on agents of foreign corporation. 580 n.
Special finding by jury in action for servant's tort that he was not acting
in the course of his employment is a conclusion of law and may be
set aside. Fick v. Chicago, etc., R. Co. (Wis.). 378.
POLICE OFFICER. See PASSENGER.
PRACTICE. See PLEADING AND PRACTICE
PROXIMATE CAUSE. See DEATH; PASSENGER.
Apportionment of salaries. Under the statute providing that the
salaries of the commissioners shall be apportioned among the
several railroad companies, "the length" of the road is not the
number of miles of rails laid, but the distance between the terminal
points. People v. Chapin (N. Y.).
Freight train: fact that regulation prohibiting carrying passengers on,
has been violated does not deprive company of right to enforce the
regulation. Hobbs v. Texas & P. R. Co. (Árk.). 268.
Freight train. Railway has power to make regulations requiring persons
desiring to ride on freight train to be provided with tickets. South-
ern Kansas R. Co. v. Hinsdale (Kan.).
Through trains. A railroad may adopt a regulation that one of its
through trains shall only stop at certain designated stations. Atchi-
son, etc., R. Co. v. Gants (Kan.). 290.
Tickets for passenger trains. Regulations. 267 n.
Ticket. Rule requiring passengers to procure tickets before entering
freight train; evidence of non-enforcement.
Private act. Pleading. To constitute defence to action for personal
injuries company must plead by proper reference to private act, that
by virtue of such act it had sold its road and must show that it
had complied with conditions imposed upon the sale. East Line,
etc., R. Co. v. Rushing (Tex.). 367.
SERVICE OF PROCESS. See PLEADING AND PRACTICE.
Contributory negligence of deceased. Company is not rendered liable
for death of trespasser on account of its failure to ring bell, if de-
ceased was guilty of contributory negligence in not paying heed to
passing trains.
Guenther v. St. Louis, etc., R. Co. (Mo.). 47.
Evidence. Where several witnesses who were present state that signals
were given and headlight was burning, testimony of witness who
lived some distance away that bell was not ringing nor headlight
burning, held properly excluded. Hughes v. Galveston, etc., R. Co.
(Tex.). 66.
Trespassers; ringing of bell and sounding of whistle for. 56 n.
Baggage; liability of sleeping car company for loss.
Baggage. Sleeping car company is responsible for its failure to exercise
reasonable care whereby a passenger's baggage is stolen. Pullman
P. Car Co. v. Pollock (Tex.). 217.
Refusal to make up berth. Passenger on a car which is both a sleeping
and an eating car is not entitled to have his berth made up before
porter has finished lunches previously ordered by other passengers.
Pullman P. R. Co. v. Ehrman (Miss.). 362.
SPECIAL FINDINGS. See PLEADING AND PRACTICE.
SPECIAL POLICEMAN. See CONTRACT.
Negligence. While travelling in an open country no conceivable rate of
speed consistent with the safety of passengers is negligence per se
in the absence of a statute imposing a limit. Houston v. Vicks.
burg, etc., R. Co. (La.). 76.
No rate of speed is negligence per se.
Statutory limit. An ordinance limiting the rate of speed in passing
over crossings does not imply that this rate may not be exceeded
between crossings. Central R. & B. Co. v. Smith (Ga.). 1.
Negligence. Where a statute expressly enjoins an act, the act is within
all degrees of diligence, even the very lowest, and its omission is neg-
ligence per se. Central R. & B. Co. v Smith (Ga.). I.
Omission of statutory duty as affecting a company's liability. 5 n.
STATUTE OF LIMITATIONS. See LIMITATIONS, STAtute of.
STATUTORY AND CONSTITUTIONAL PROVISIONS CITED
AND CONSTRUED.
CONSTITUTIONS.
Nebraska.
Constitution of 1875, Art. 1. sec. 21. Eminent domain. Property in-
juriously affected. 179.
Art. 14. Abridgment of privileges and immunities. 446.
Mansf. Dig. sec. 5474. Restriction upon right to eject passenger. 270.
Code, sec. 3033. Presumption against railway in case of accident. 445.
Code, secs. 3073, 3082. Remote damages. 445.
Code, sec. 1307. Passenger. Liability of carrier notwithstanding con-
tributory negligence. 287, 289.
St. 1877, c. 232. Prohibition against travelling on Sunday not a defense
to action against carrier. 300.
Pub. Stat. c. 112, sec. 188. Equal terms and facilities for transportation.
358.
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