NEGLIGENCE REPORTS

CURRENT SERIES

[CITED AM. NEG. REP.]

ALL 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

NOTES OF ENGLISH CASES AND ANNOTATIONS

EDITED BY

JOHN M. GARDNER

OF THE NEW YORK BAR

VOL. X

NEW YORK

REMICK & SCHILLING

COPYRIGHT, 1901

BY

REMICK & SCHILLING

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 1901, 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, 10 AM. NEG. REP.

An additional feature to the usefulness of these REPORTS is the number of SPECIAL NOTES on the various topics of NEGLIGENCE LAW. This feature is to be continued and extended in subsequent volumes, and will, it is hoped, be of service to the practitioner in the making of BRIEFS on the subjects treated. Among the SPECIAL NOTES in this volume are the following: Liability for Explosions, and Assumption of Risk by Employees (contributed by Mr. S. H. WANDELL); Liability for Assault Committed on Passenger by Fellow-Passenger; Damages for Injuries Caused by Fright; Pedestrians struck by Trains and Street Cars at Crossings or While Crossing Railroad Tracks; Children Injured at Crossings; Accidents to Railroad Employees; Contributory Negligence, in Crossing accident cases, as Question for Jury; Alighting and Boarding cases, etc. (contributed by Mr. WALTER J. EAGLE). The complete list of Special and other Notes in this volume will be found at the end of the TABLE OF CASES REPORTED.

Annotations and Notes of English cases are added to many of the cases, with numerous cross-references to various topics and cases reported herein.

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), Ken

tucky, 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, Circuit Courts of Appeals, and Dis-
trict Courts.

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 Editor cordially acknowledges the able services of
MR. WALTER J. EAGLE in the preparation of the cases and notes
thereto, and the compilation of the Tables of Cases in this volume
of AMERICAN NEGLIGENCE REPORTS.

NEW YORK, December, 1901.

JOHN M. GARDNER.