Multiplicity of Suits, discretionary powers of courts respecting not to equity will assume jurisdiction to prevent, 30, 31. execution, preventing multiplicity of suits founded upon, 34, 35. insurance commissioners, remedy of to prevent, 35. insurers, when may enjoin suits upon separate policies, 38. railways, suit by to enjoin separate actions for damages resulting railways, suits by to prevent unauthorized brokers from dealing railways, when may prevent separate suits of different passengers, railways, whether may prevent separate actions to recover for taxes, separate suits to recover, whether may be enjoined, 47. In General. MUNICIPAL CORPORATIONS. 1. MUNICIPAL ORDINANCE — Conflict with State Statute.- 2. MUNICIPAL CORPORATION.—A Grant of Power from the Streets Extending in Navigable Water. 3. PUBLIC STREETS Extending to Navigable Waters, Effect of 4. NAVIGABLE WATERS-Public Streets, Extension of, When Removal of Trees from Street. 5. PUBLIC STREETS-Removal of Trees Against Will of Abut- the city officers, not subject to review by the courts, yet in order for their determination to be conclusive, it must be made fairly and in good faith; if made arbitrarily, action under it may be enjoined as an abuse of discretion. (Kan.) City of Paola v. Wentz, 290. 6. PUBLIC STREETS-Removal of Trees Against Will of Abutting Owner. The officers of a city may not, against the objection of the abutting owner, remove a shade tree from the street merely for the sake of enabling them to place a sidewalk in a position different from that prescribed by ordinance. (Kan.) City of Paola v. Wentz, 290. 7. PUBLIC STREETS—Injunction Against Removal of Trees by Officers. The removal by officers of the city of shade trees growing in the street may be enjoined where the only reason offered to justify such removal is insufficient as a matter of law, and no other purpose is disclosed. (Kan.) City of Paola v. Wentz, 290. Duty to Light Streets. 8. PUBLIC STREETS—Duty to Light.-A City is Under No Common-law Obligation to light its streets; unless the duty is imposed by statute, the failure to put up and maintain lights in streets is generally not negligence. (Utah) Herndon v. Salt Lake City, 827. Dangerous Streets-Part of Street not in Condition for Travel. 9. PUBLIC STREETS.—The Gist of an Action Against a City for Personal Injuries sustained from an alleged dangerous street is negligence, and there can be no actionable negligence unless the city has done or omitted to do something which in the exercise of ordinary care and prudence it should have done or omitted. (Utah) Herndon v. Salt Lake City, 827. 10. PUBLIC STREETS-Duty to Put Whole Street in Condition for Travel. If a city opens and undertakes to put the entire width of a street in condition for travel, and invites the public to use the whole thereof, it becomes the duty of the municipality to exercise ordinary care to maintain the entire width of the street in a condition reasonably safe; but if the city works only a part of the street and puts it in condition for travel, then it is required to maintain only that part in a reasonably safe condition. Whether the part that is opened and worked is reasonably sufficient for public convenience may be a question of fact. (Utah) Herndon v. Salt Lake City, 827. 11. PUBLIC STREETS-Maintenance of Whole or Part of Street for Travel.-In opening a street, whatever may be its nominal or platted width, it is primarily a matter within the discretion of the city to say whether it will prepare the whole or only a portion of the width of the street for travel. In the business portion of the city, or where travel and the convenience of the public require it, the whole width of the street must generally be made and maintained passable and reasonably safe; where the whole width of the street has been prepared and opened for travel, whether primarily necessary or not, the city must thereafter maintain the whole street in a reasonably safe condition throughout its entire width; but in some places, especially in outlying districts, it may ordinarily determine what portions of the streets it will prepare for travel, and in such places it need maintain in a reasonably safe condition only that portion which is opened and set apart for travel. (Utah) Herndon v. Salt Lake City, 827. 12. PUBLIC STREETS-Maintenance of Whole or Part for Travel. Whether a city, in opening a street, has prepared a sufficient width for passage to respond to the needs of the public may be a question of fact for the jury, and whether a city has maintained its streets in a reasonably safe condition for travel (whether throughout their entire width if the whole width is opened, or over that portion which is opened and prepared for travel) is always a question of fact to be determined by the jury from all the facts and circumstances in the particular case. (Utah) Herndon v. Salt Lake City, 827. 13. PUBLIC STREETS-Maintenance of Whole or Part for Travel. If it is made to appear in an action for injuries caused by a dangerous street that the street is not one that has been prepared for travel throughout its entire width, or that the particular place in question is one where this has not been done, the court should instruct the jury specially with regard to the duty of the city in this regard; and, if the question arises as to whether the city has prepared a sufficient width for travel where less than the whole width has been prepared, the jury should be required to find from all the facts and circumstances whether or not the space prepared by the city was reasonably sufficient. In case the claim is made that the space prepared is insufficient, this should be alleged in the complaint as one of the grounds of negligence, so that the city may be prepared to meet it at the trial. (Utah) Herndon v. Salt Lake City, 827. 14. PUBLIC STREETS-Driver Departing from Traveled Track.— It is not the law that a person driving on the streets in all parts of a city may at will depart from the traveled track, either by day or night, and if he encounters a natural or artificial obstruction and suffers injury, that he may recover damages from the city. (Utah) Herndon v. Salt Lake City, 827. 15. PUBLIC STREETS- Duty to Put Up Barriers.-As a Rule a City is not required to put up barriers to prevent travelers from driving off the traveled portion of the streets. Barriers are generally required only where an obstruction or excavation is placed or made in the traveled part of the street, or where the excavation or dangerous declivity is so near the traveled part of the street that it makes it a dangerous place to pass over. In other words, barriers are intended to make the passageway safe, and not to mark or define its limits so as to warn travelers not to drive outside of them. (Utah) Herndon v. Salt Lake City, 827. 16. PUBLIC STREETS-Duty to Place Signals or Barriers.-Where a city opens and prepares only a part of a street for use, and the remaining portion is rough or has obstructions upon it, it is not, as a rule, the duty of the city to mark the limits of the traveled portion or to place signals at or near such obstructions to warn travelers. It is the duty of the traveler to remain within the wrought and traveled portion of the street, and if that portion is not reasonably sufficient for public use, he may complain upon that ground. (Utah) Herndon v. Salt Lake City, 827. 17. PUBLIC STREETS-Maintenance of Part of the Street for Travel.-Where a city prepares only a portion of a street for travel, it may be a question of fact as to whether such portion is reasonably sufficient. As to whether it is reasonably safe in view of all the surrounding circumstances is always a question of fact. And the jury should be instructed, in an action for injuries received by a traveler in driving without the traveled portion, with regard to the duty of the city in opening and preparing its streets, and when and for what purpose barriers are required. (Utah) Herndon v. Salt Lake City, 827. 18. PUBLIC STREETS-Duty to Place Lights or Signals. It is not ordinarily the duty of a city to place lights or warning signals or to put up barriers along the margins of its streets, or to mark or define the wrongful or traveled portions of them. (Utah) Herndon v. Salt Lake City, 827. 19. PUBLIC STREETS-Departure from Traveled Course. If the part of a street that has been prepared for travel is of sufficient width and reasonably safe within that width to permit a driver to pass 827. Note. See Gaming, 1-3; Navigable Waters, 10. MURDER. See Homicide. National Banks, taxation of the franchises of, 883. In General. NAVIGABLE WATERS. 1. NAVIGABLE WATERS.-The Test of the Navigability of a 2. NAVIGABLE BOUNDARIES.-The Concurrent Jurisdiction 3. NAVIGABLE BOUNDARIES-Regulation of Right to Fish- 4. NAVIGABLE BOUNDARIES-Regulation of Right to Fish.— Tide Lands. 5. NAVIGABLE WATERS-Right of State in Tide Lands.-By 6. NAVIGABLE WATERS—Title and Rights of Owner of Upland. 7. NAVIGABLE WATERS.-The Title to the Bed of Lake Michi- 8. TIDE LANDS.-The Proprietors of New Jersey did not, Un- 9. TIDE LANDS.-Rights in Lands Under Tide Waters in the Protection or Regulation of Shore. 10. MUNICIPAL ORDINANCE-Protection of Shore or Harbor.- 11. NAVIGABLE WATERS-Right of State to Regulate Shores.- See Municipal Corporations, 3, 4. NEGLIGENCE. 1. NEGLIGENCE, Liability for, What Essential to the Existence 2. NEGLIGENCE Consists in a Failure to Provide against the 3. NEGLIGENCE is not the Proximate Cause of an Accident 4. CONTRIBUTORY NEGLIGENCE.-A person is not negligent |