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MASTER AND SERVANT,

master liable for acts of his servants, when

privilege of master giving character for servant
voluntary communication by master.

communication made on request.

master has right of action for beating servant, when

evidence of slight service sufficient

child of tender years beaten

binding engagement not necessary

killing servant

34, 35
169, 170

. 169, 170

170

232, 233

233

233

233

233

233, 234

servant may justify battery in favor of master

whether master may justify battery in favor of servant

seduction of daughter and servant

. 233, 234

286-305

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action for seduction of wife does not rest on relation of mas-

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telegraph company not servant of sender of message
contractors not servants

334, 335, 337
626

636, 654-657

sub-contractors not servants

servants employing other servants not liable for acts of latter

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657
657, 658

658
706-710
706, 707

707-709

. 709, 710

against husbandmen

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226, 227

226

226

226

226

226, 326

227

227

346-347

. 360-370

103, 104

282

(See DAMAGE.)

MITIORI SENSU,

doctrine of, as to slanderous words exploded.

101

MONKEYS,

injuries by .

478

N.

NAVIGATION,

obstructing.

473, 474

NEGLIGENCE,

case.

McCully v. Clark, leading case. When for the jury, and when not
Dixon v. Bell, leading case.
Instruments of danger
Hammack v. White, leading
fare

559

568

Trying horse in a thorough-

570

. .

Byrne v. Boadle, leading case. Presumption of negligence
historical aspects of the subject

.

negligence as a question of law or of fact.

what the standard

the conduct of the prudent man

limits of this standard

diligence of "expert" and "non-expert"

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presumptions of negligence

596-601

various examples.

596-599

injuries by railway, steamboat, and stage-coach companies

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Thomas v. Winchester, leading case. Mistake in labelling drug

causation

600, 601

601

602

608-613

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action by receiver of message for error in transmission
English rule opposed to American.

619-626

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619-621

621-626

622

whether telegraph company can be considered as agents or ser-
vants of sender in the legal sense.
Fisher v. Thirkell, leading case.
streets. Who liable for injury.
Hilliard v. Richardson, leading case.
who liable.

.... 624-626
Excavations under public

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Sweeny v. Old Colony & N. R. Co., leading case. License to go

659

659, 660

on one's premises .

660

Indermaur v. Dames, leading case. Duty to give notice of dan-

gerous place

668

Roberts v. Smith, leading case.

Master and servant

684

Farwell v. Boston & W. R. Corp., leading case. Fellow-servants 688
persons (not servants) injured while on defendant's premises. . 697-706
bare licensees or volunteers

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697-702

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probably no distinction between servants and others

707, 708

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causation ..

Massachusetts rule

who are fellow-servants.

Sutton v. Wauwatosa, leading case. Contributory negligence.

Violation of Sunday law by plaintiff. .

ground of doctrine of contributory negligence

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persons paralyzed by fear through defendant's conduct.

when trespasser may recover for injury.

710

711

721-725

721

721, 722

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the negligence must have been contributory in the legal sense, to

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distinction between injuries to property and personal annoyances 467, 468

burning of bricks

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noxious gases, smoky vapors, &c.

mental discomfort

disturbance of Sabbath.

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public nuisances.

when actionable by private suit and when by public

special damage, what

distinction between kind and degree

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obstruction of navigation

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doctrine of imputability of negligence of former to latter con-

sidered

PARTY-WALLS,

(See SUPPORT OF GROUND AND BUILDINGS.)

PASSENGER AND CARRIER,

729-732

doctrine of identificatiou of former with latter considered. . . 726-729

PLEDGE,

repledge or sale of pledge.

effect of pledging goods without authority

POLLUTING WATER,

actionable when

POSSESSION AND PROPERTY,

(See CONVERSION; TRESPASSES UPON PROPERTY.)

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PUBLISHERS OF BOOKS AND NEWSPAPERS,
liability for libellous matter

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goods recovered in

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349, 420, 586

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