Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 13

Front Cover
William Mark McKinney, Burdett Alberto Rich
Edward Thompson Company, 1916
 

Contents

Qualifications and Limitations of Rule
96
GRADING AND CHANGES OF GRADE 86 Power to Grade and Regrade
97
Right as against Public Service Corporations
98
Changes by or for Benefit of Individuals or Corporations
99
Right to Compensation Generally
100
Constitutional Provisions 91 Statutory Provisions 92 Original Establishment and Subsequent Changes
103
What Amounts to Establishment of Grade
104
Negligent or Wanton Injuries
105
Unauthorized and Illegal Grading 96 Persons Entitled to Compensation
107
Measure of Damages
108
Remedies
110
Generally INTERFERENCE WITH FLOW OF WATER
111
Use or Removal of Soil Rock and Gravel in Improvement of Highway
112
Seepage through Surface of Highway 101 Discharge through Artificial Channel
113
Duty to Care for Collected Water
114
Diversion of Watercourses 104 Preventing Flow from Adjoining Land
115
Condemnation of Right V Ownership of
116
Right of Fee Owner to Use Subsurface
117
Right to Lay Water and Gas Pipes
118
Drainage Irrigation and the Like
119
Generally
120
Nature of Title and Rights of Fee Owner Generally
121
Fee Subordinate to Public Easement
123
Use of Way as Trespass on Owners Rights
125
Sale Reservation and Condemnation of Fee Title
126
Ownership of Soil
127
Right to Construct Docks
135
Remedies of Fee Owner
136
Rights of Abutting Owners 122 Who Are Abutting Owners GENERALLY
138
Rights Generally Additional Servitudes
139
Duty of Municipality to Abutting Owners
141
PARTICULAR RIGHTS 125 Access
142
Light Air and View
144
Right to Construct Areas Cellar Ways and the Like
146
Lateral Support
148
Excavations Affecting Lateral Support of Highway VII Highway Officers NATURE POWERS AND LIABILITIES 130 Election Nature Powers and ...
149
Liability for Injuries Generally
150
Injuries to Property
152
Liability for Acts of or Injuries to Employees
153
LIABILITY OF MUNICIPAL AND QUASI MUNICIPAL CORPORATIONS FOR ACTS OF OFFICERS AND EMPLOYEES 134 Generally
154
Liability as Dependent on Status of Wrongdoer
156
Unauthorized and Unlawful Acts
157
Liability of Counties Townships and Towns
158
Highway Taxes Assessments and Work 138 Generally TAXES AND ASSESSMENTS
159
Right to Tax as Affected by Location of Highway
160
Right of Counties and Townships to Tax City Property
161
Regulation and Control of Highways Generally POWER TO REGULATE AND CONTROL 143 Legislative Authority
169
Power of Municipal Corporations
169
Jurisdiction over City Streets as between City and County 146 Limitations on Power
169
Municipal Delegation or Alienation of Power
169
FRANCHISE OR LICENSE TO USE STREETS OR HIGHWAYS 148 Necessity for Franchise or License
170
Power to Grant
171
Necessity for Municipal Consent
172
Right to Impose Conditions
173
Nature and Construction of Grant Generally
174
Revocation or Impairment of Right Granted
175
Relative Rights of Abutting Owners and Public Service Corporations
176
Police Power
177
Remedies for Unlawful Cutting of Trees
178
Estoppel to Revoke License or Franchise
179
Effect of Annexation on Rights Previously Granted
180
NATURE AND EXTENT OF PUBLIC AND MUNICIPAL RIGHTS 157 Extent of Public Easement
181
Public Right as Affected by Public Needs City and Country Highways
182
Obstruction of Street for Business Purposes Generally
183
Nature of Municipalitys Interest
184
Building Materials
185
Obstructions and Encroachments 160 As Nuisance
186
Obstruction by Railroad Trains
187
Right to Permit
188
Temporary Barriers
189
GENERALLY PERMANENT OBSTRUCTIONS AND ENCROACHMENTS 162 Awnings Signs Bill Boards and the Like
190
Areas Cellars Vaults Coal Holes and Tunnels
191
Hitching Posts
193
Steps and Stairways
194
Hydrants Pumps Cisterns and Drinking Fountains
195
Gas and Water Pipes Sewers and Drains 168 Buildings and Structures in General
196
Structures and Appliances for Public Benefit Municipal Buildings
198
Telegraph Telephone and Electric Light Lines Poles and Wires 171 Bridges Overhead Crossings Fences and Gates
200
Railways
202
Regulation of Traffic
212
License to Use Vehicles
213
CIVIL REMEDIES AND PROCEDURE
224
Consent of Abutting Owner as Affecting Right to Relief
226
Necessity of Special Injury
227
What Constitutes Special Injury Generally
229
Interruption of Journey
230
Cutting off Access
231
Interference with Light Air and View 197 Interference with Business and the Like
234
Action for Damages
236
Measure and Elements of Damage
237
Remedy of State or Municipality in Equity
238
Remedy of Individuals in Equity
240
Procedure in Injunction Suits 203 Abatement by Public Authorities
242
Abatement by Individuals
244
204a Recovery for Injuries to Highways
245
CRIMINAL PROSECUTION 205 Criminal Liability Generally
246
Obstruction of Crossings by Railroad Trains
248
Indictment and Prosecution
249
Right to Use and Methods of Using Streets and Highways RIGHT TO USE AND REGULATION OF USE 208 Right of Passage and Travel Generally
251
Generally
256
Restriction of Parts of Highway to Particular Uses
260
Parkways and Pleasure Drives
261
Noises Music Crowds
262
Parades
264
Moving Buildings Interference with Wires and Trees
265
Advertising
267
Wharfage Rights
268
Right to Go Extra Viam
269
LAW OF THE ROAD 222 In General
270
To What Vehicles and Persons Applicable 224 Fire Apparatus Ambulances and the Like
271
Degree of Care Required
272
Persons on Horseback Light and Loaded Vehicles 226 Vehicles Proceeding in Opposite Directions
273
Passing Vehicles Proceeding in Same Direction
275
Vehicle Overtaken by Another
277
Vehicles Crossing Street or Stopping 230 Vehicles IIeeting at Street Intersections Turning from One Street into Another
278
NEGLIGENCE IN USE OF HIGHWAY 231 Relative Rights of Travelers
279
Basis of Liability for Injuries
280
Care Required of Travelers Generally
281
Duty of Drivers Toward Persons in Streets
282
Driving at Immoderate Speed
283
Runaway Horses
284
Unhitched and Unattended Horses
285
Violation of Law of Road as Negligence
286
Proximate Cause
288
Contributory Negligence
289
Right to Assume that Others Will Exercise Due Care
290
Care Required of Pedestrians Generally
291
Safety Pending Repairs
292
Duty to Look and Listen
293
Children Cripples and Defectives
294
Remedies and Procedure 246 Evidence
295
Questions of Law and Fact
296
Damages
298
Criminal Liability INJURIES RESULTING FROM IMPROPER USE OF HIGHWAY 250 Liability of Municipality Generally
299
Games and Sports 252 Racing
301
Coasting
302
Exhibitions and Shows
303
Discharge of Fireworks Cannon and the Like
304
Statutory Liability
308
Statutory Duty and Liability
322
Duty and Liability in Use of Abutting Property
324
Liability of Grantee
325
Generally EFFECT OF LEASE OF ABUTTING PROPERTY
326
Acts or Negligence of Tenant
328
Retention of Control by Landlord
329
Covenant or Duty to Repair as Affecting Liability
330
RESPONSIBILITY FOR ACTS OF INDEPENDENT CONTRACTOR 273 Generally
332
Obstructions and Defects Collateral to Work 275 Effect of Control of Work by Employer or Contractor
335
Liability of Contractor
336
KNOWLEDGE OR NOTICE AS AFFECTING MUNICIPAL LIABILITY 277 Necessity of Notice Generally
337
Defects or Obstructions Created by Municipality
338
Granting of Permit or License as Notice 280 Sufficiency of Knowledge or Notice Generally
340
Notice of Latent Defects
342
Statutes Requiring Actual or Written Notice
343
Notice to Municipal Officers or Employees
345
Notice to Policeman
347
Matters Considered on Question of Notice 286 Duty to Anticipate Defects Inspection
348
Frequency and Sufficiency of Inspection
349
Appliances of Public Service Corporations
350
Estoppel to Deny Existence of Highway
363
Unopened or Unimproved Highways
364
Streets and Highways in Annexed Territory 299 Alleys
365
Fords 301 Negligence as Affected by Location of Highway
366
LIABILITY FOR INJURIES TO PARTICULAR CLASSES OF PERSONS 302 Municipal Officers and Employees
367
Children
369
PURPOSE FOR WHICH HIGHWAY IS BEING USED AS AFFECTING LIABILITY 304 In General
370
Traveling
372
Character of Vehicle
374
Unlawful or Improper Use Generally
376
Use of Sidewalks for Other than Pedestrian Travel
377
WHAT PORTION OF WAY MUST BE KEPT SAFE FOR TRAVEL 309 In Counties and Towns 310 In Cities and Villages
379
Defects and Obstructions Outside of Traveled Portion
381
Park Strips
383
NATURE AND KINDS OF DEFECTS OR OBSTRUCTIONS AS DETERMINING LIABILITY
384
Generally
385
Buildings Steps Doors Gates and Scales
386
Carriage Blocks and Stepping Stones
387
Temporary Obstructions
388
Barriers
389
Vehicles Tools and Machines Allowed to Remain in Highway 319 Refuse Stones and Earth Poles Posts and Stakes
390
Excavations Holes Ruts or Other Inequalities in Surface of Highway
392
Trees
394
Appliances of Water and Gas Companies
395
Escaping Steam or Hot water
396
Slippery Walks 328 Loose and Decayed Boards
401
Generally Areas VaultS COAL HOLES AND THE LIKE
402
Liability of Abutting Owner
403
Liability of Municipality
405
Liability of Third Persons TELEGRAPH TELEPHONE AND ELECTRIC LIGHT POLES AND WIRES 333 In General
406
Appliances of Municipal Lighting Plant SNOW AND ICE 335 Liability of Municipality Generally
408
Duty of Municipality with Respect to Roadways and Crossings
409
Injuries Resulting from Conditions Outside of Highway 338 Ridges and Accumulations of Ice and Snow
411
Smooth and Slippery
412
Accumulations Due to Negligence of Municipality
414
Liability of Abutting Owner for Failure to Remove Ice and Snow
415
Ice from Water Discharged into Street
416
Snow Deposited in Street
417
In General DANGEROUS PLACES OUTSIDE OF HIGHWAY
418
Means of Access from Private Property
420
Duty of Municipality to Erect Barriers or Railings Along Highway
421
Duty of Private Individuals or Corporations
424
Proximity of Dangerous Place to Highway as Determining Liability
425
Liability of Owner Generally
427
Fall of Ice and Snow
429
Articles Thrown from Windows 352 Buildings in Course of Construction
430
Liability of Municipality
431
LIGHTING HIGHWAYS 354 Duty of Municipality to Light
432
Character and Sufficiency of Lights
433
DUTY TO GUARD DANGEROUS PLACES WITHIN LIMITS OF HIGHWAY 356 Duty and Liability of Municipality in General
435
Duty of Municipality with Respect to Coal Holes Areas and the Like
437
Duty and Liability of Private Corporations and Individuals Generally
438
Duty with Respect to Coal Holes and Similar Openings
439
Sufficiency of Warnings
440
Maintenance and Removal of Warnings
441
GENERAL CONSIDERATIONS AS TO NEGLIGENCE 362 Application of Doctrine of Res Ipsa Loquitur
442
Violation of Statute or Ordinance as Negligence
444
Duration of Obstruction or Defect as Affecting Liability
445
In General PROXIMATE CAUSE
446
Concurring Causes Generally
448
Recovery Allowed Notwithstanding Concurring Cause
449
Defect or Obstruction as Sole Cause
451
Act of Third Person or Plaintiff as Intervening or Contributing Cause 370 Accidents Natural Causes 371 Injuries Not Resulting from Immediate Cont...
454
Efforts to Escape or Minimize Danger Sudden Peril
455
In General FRIGHT OF HORSE AS CONCURRING CAUSE 374 Rule Permitting Recovery
456
Rule of Nonliability
458
Liability as Affected by Cause of Fright
460
Momentary Loss of Control
461
CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK 378 In General
462
Leaving Highway or Traveled Track
466
Walking in Roadway
467
Crossing Street
468
Selection and Management of Horse or Team
470
Defective Vehicle or Harness Want of Lights Excessive Load 384 Illegal or Improper Use of
471
Limitations 210 Comprehensiveness of Public Easement 211 Traction Engines Steam Rollers and the Like
472
Knowledge of Existence of Defect or Obstruction
475
Voluntarily Going into Danger
478
Choice of Ways 390 Diversion of Attention or Momentary Forgetfulness
480
Patent Defects 392 Persons under Disability Generally
482
Intoxicated Persons 394 Children 395 Firemen and Policemen
484
Imputed Negligence
486
NOTICE OF INJURY
487
Statement of Cause and Circumstances of Injury
490
Specifications as to Nature and Extent of Injury Damages Claimed and Residence of Claimant
491
Defective Notices Supplementary Notice by Oral Evidence 403 Excuses for Failure to Give Notice Waiver
492
PLEADING AND PRACTICE 404 Joinder of Parties
493
Pleadings in General
495
Necessity for Alleging Negligence
496
Sufficiency of Averments as to Negligence
497
Proximate Cause 409 Contributory Negligence
498
Generally DEFECTS IN OR OBSTRUCTIONS ON SIDEWALKS
499
Effect of Judgment
500
BURDEN OF PROOF AND SUFFICIENCY OF EVIDENCE 413 In General
501
Burden of Proof as to Contributory Negligence
502
ADMISSIBILITY OF EVIDENCE 415 In General
503
Ordinances
505
Opinions as to Safety or Sufficiency 418 Evidence as to Condition before and After Accident
506
Evidence as to Repairs
507
Condition of Other Highways 421 Method of Construction in Other Municipalities
508
Proof of Other Accidents
510
Proof of Absence of Other Accidents 424 Evidence of Custom
511
Notice
512
Contributory Negligence
513
In General QUESTIONS OF LAW AND FACT INSTRUCTIONS
514
Necessity for and Sufficiency of Warnings Guards and Barriers
516
Reasonable Use of Highway Temporary Obstructions
517
Proximate Cause
518
Notice of Defect or Obstruction
519
Notice of Injury 433 Contributory Negligence Generally
521
Attempting to Pass Known or Obvious Defects
524
Instructions
526
INDEMNITY AND CONTRIBUTION 436 The Right in General
527
Conditions Precedent
528
Parties in Pari Delicto
529
Applications of Rule Allowing Indemnity
530
Right of Private Individuals or Corporations 441 Force and Effect of Judgment in Original Action
532
In General 398 By Whom and When Given Formal Requisites 399 Specification of Time and Place of Injury
591
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Page 811 - When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony...
Page 726 - Sometimes, owing to the equivocal character of the instrument — as a belaying pin — or the manner and circumstances of its use, the question becomes one of law and fact, to be determined by the jury under the direction of the court.
Page 698 - In the forum of conscience there is no doubt considerable difference between a murder deliberately planned and executed, by a person of unclouded intellect, and the reckless taking of life by...
Page 690 - This, however, seems only, or at least principally, to hold as to positive crimes, so created by the laws of society, and which therefore society may excuse; but not as to natural offences so declared by the law of God, wherein human magistrates are only the executioners of divine punishment.
Page 672 - After the passage of this act all property which shall pass by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state...
Page 21 - That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.
Page 774 - ... and which the jury are satisfied did produce it in the case before them - not such a provocation as must, by the laws of the human mind, produce such an effect with the certainty that physical effects follow from physical causes; for then the individual could hardly be held morally accountable.
Page 428 - The primary cause may be the proximate cause of a disaster, though it may operate through successive instruments, as an article at the end of a chain may be moved by a force applied to the other end, that force being the proximate cause of the movement, or as in the oft-cited case of the squib thrown in the market place.
Page 663 - If a homestead has been selected from the community property, it may be assigned to the innocent party, either absolutely, or for a limited period, subject, in the latter case, to the future disposition of the court, or it may, in the discretion of the court, be divided, or be sold and the proceeds divided.
Page 436 - When two causes combine to produce an injury to a traveler upon a highway, both of which are in their nature proximate — the one being a culpable defect in the highway, and the other some occurrence for which neither party is responsible, the municipality is liable, provided the injury would not have been sustained but for such defect.

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