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NEGLIGENCE REPORTS

CURRENT SERIES
[CITED AM. NEG. REP.]

THE CURRENT NEGLIGENCE CASES DECIDED IN THE FEDERAL
COURTS OF THE UNITED STATES, THE COURTS OF LAST
RESORT OF ALL THE STATES AND TERRITORIES AND
SELECTIONS FROM THE INTERMEDIATE COURTS

TOGETHER WITH

SPECIAL NOTES AND ANNOTATIONS

EDITED BY

JOHN M. GARDNER

OF THE NEW YORK BAR

VOL. XIX

NEW YORK
REMICK & SCHILLING.

COPYRIGHT, 1906

BY

REMICK & SCHILLING.

WEED-PARSONS PRINTING CO,
PRINTERS, ELECTROTYPERS AND BINDERS,
Albany, N. Y.

:

PREFACE.

Following the plan of the previous volumes of the series of AMERICAN NEGLIGENCE REPORTS, actions relating to INJURIES TO PERSONS AND PROPERTY, decided in the State and Federal Courts during the year 1905, together with several decisions rendered in 1906, being Negligence cases arising out of the relations of CARRIER AND PASSENGER, LANDLORD AND TENANT, MASTER AND SERVANT, MUNICIPAL CORPORATIONS, STEAM AND STREET RAILROAD COMPANIES, and all other branches of the LAW OF NEGLIGENCE, are reported in this volume, 19 AM. NEG. REP.

The cases reported herein comprise decisions in the highest Courts of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana (Supreme and Appellate Courts), Indian Territory, Iowa, Kansas (Supreme and Appellate Courts), Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey (Supreme and Errors and Appeals), New York (Court of Appeals and Appellate Division of Supreme Court), North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas (Supreme and Civil Appeals), Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the United States Supreme and Circuit Court of Appeals.

Reference to the TABLE OF CASES CLASSIFIED according to Facts, which precedes the Index, will enable the practitioner to see at a glance the nature of the case reported herein, and thus act as a ready guide to a case in point. The TABLE OF CASES CITED, which follows the TABLE OF CASES REPORTED, shows numerous leading cases cited and discussed in the cases reported in this volume.

SPECIAL NOTES and ANNOTATIONS bearing on NEGLIGENCE LAW appear throughout the volume, notably on ELEVATOR ACCIDENTS and ELECTRICITY CASES.

Cordial acknowledgment is given to MR. ALFRED J. HOOK, Librarian of the Law Library in Brooklyn, N. Y., for his able services in the preparation of the cases in this volume, and also to MR. WALTER J. EAGLE, editor of AMERICAN NEGLIGENCE CASES, for his services in arranging the matter for and seeing the volume through the press.

NEW YORK, June, 1906.

JOHN M. GARDNER.

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