XXIV 



TABLE OF CONTENTS. 



Negligent Driving — continued. 



Excavation a public Nuisance .... 31G 



Trespasser may maintain an Action id. 



True Test of legal Liability id. 



Owners of private "Ways may be 

 liable for Negligence id. 



Even where Injury caused by in- 

 tervening act of third Party .... 317 



Liability of a Contractor id. 



Where there are several "ways of 

 doing a Thing 318 



Liability of an Employer id. 



What is the Question in such Cases id. 



Drain repaired by an ordinary but 

 skilful Labourer id. 



Stones left by a SixU- Contractor .. 319 



Statutory Duty — Surveyor of High- 

 ways id. 



Peformance of anordinaryDomestic 

 Duty id. 



Manure left on a Road 320 



With regard to Works executed 

 under Local Acts , id. 



Both Parties to hlamc id. 



Identification of Child with Person 

 in charg-e of it 321 



Identification of Passenger with 

 Driver id. 



Remarks in Smith's Leading Cases id. 



Power of Selection 322 



Altogether an Acridod id. 



Running over a Person at Night . . id. 



Where it is the Result of the sudden 

 Fright of the Plorse 323 



Hammack v. White id. 



Manzoni v. Douglas 324 



Horse running away id. 



Qualification of Ride 325 



Proof of Negligence must be 

 affimiative id. 



Where Evidence is equally con- 

 sistent with Negligence and no 

 Negligence 326 



Where a Horse straying in a High- 

 way kicked a Child 327 



Horse kicldug at Sale id. 



Accident itself sometimes affirma- 

 tive Proof of Negligence id. 



Evidence identical with that re- 

 quii-ed for Manslaughter 328 



As to Demand of Particulars in 

 Actions for Negligent Driving. . id. 



Rule of the Road. 



Right Side of the Road 328 



Driving on the wrong Side in the 



Dark id. 



Seeing a Person coming on his 



wrong Side id. 



Does not justify a wanton Injury 329 



Rtjle of the Road — continued. page 



Rule of the Road not inflexible . . 329 



Light Load meeting Heavy id. 



Parties meeting on a sudden id. 



Rule of the Road applies to Saddle 



Horses 330 



Ordinary Vehicles meeting Street 



or Tram Cars id. 



Foot Passengers id. 



Rule of the Road does not apply . . 331 



Going" over a Crossing id. 



Nuisance on Public Highway .... id. 



Horse and Carriage before Trades- 

 man's Door id. 



Negligent Deiving by a Servant. 



When the Master was liable ac- 

 cording to former Decisions .... 33 



Liability now more extensive .... 332 



Liinpus V. General Omnibus Co id. 



Acts done within Employment and 



for Master's Interest id. 



If Servant vindictively strikes Horse 



with his Whip 333 



Instructions of Master, if disre- 

 garded, immaterial , id. 



Master liable, if Acts are done for 



his Benefit id. 



Unless done out of the Course of 



the Servant's Emploj^ment . . 33i 



Liability of Cab Proprietor id. 



Master and Servant driving together 335 



Servant entrusting the Reins to a 



Stranger id. 



Servant striking the Horse of ano- 

 ther 336 



Servant striking Passenger id. 



Guard of Omnibus using undue 



Violence to Passenger id. 



Servant removing an Obstruction . . 337 



Servant acting improperly id. 



Making a Detoiu- for his own Pur- 

 poses id. 



Servant acting contrary to his Trust 338 



Taking his Master's Horse without 



Leave id. 



Re-enteriDg on Duty 339 



Taking the Hoi'se of another id. 



No express Authority of Master 



necessary 340 



Question for the Jury id. 



Master's Name on the Cart id. 



Giving an Address id. 



Action for bodily Hurt id. 



Liabihty of Master and Servant 



respectively 311 



Negligence of Fellow -Servant .... id. 



Master bound to use due Care in 



Selection of Servants id. 



Liability of Cab Proprietor to Driver id. 



