626 INDEX. 



NEGLIGENT I)mYl^G—{cordinued). 



With regard to works executed under Local Acts, 320. 



Both parties to hiame, id. 



Identification of child with person in charge of it, 321. 



Identification of passenger with driYcr, id. 



Eemarks in Smith's Leading Cases, id. 



Power of selection, 322. 



Altogether an Accident, id. 



Eunning over a person at night, id. 



Where it is the result of the sudden fright of the Horse, 



323. 

 HarmnacJi v. White, id. 

 Driver not calling out, 324. 

 Horse running away, id. 

 Qualification of rule, 325. 



Where defendant knows that Horse is unmanageable, id. 

 Or a kicker, id. 



Proof of neghgence must be affirmative, id. 

 When evidence is equally consistent with negligence and 



no negligence, 326. 

 Where a Horse straying in a Highway kicked a child, 



327. 

 Horse kicking at a sale, id. 

 Accident itself sometimes affirmative proof of negligence, 



id. 

 Evidence identical with that required for manslaughter, 328. 

 As to demand of jDarticulars in actions for negligent diiving, 



id. 



NEGLIGENT DEIVING BY A SEEVANT. 



When the Master was liable according to fonner decisions, 



331. 

 Liability now held to be more extensive, 332. 

 Limpus V. General Omnibus Comjyany, id. 

 Acts done within employment and for master's interest, id. 

 If Servant vindictively strikes Horse with his whip, 333. 

 Instructions of Master, if disregarded, immaterial, id. 

 Master liable, if acts are done for his benefit, id., 334. 



Unless done out of the Servant's employment, 334. 

 Liability of Cab Proprietors, id. 



Eor loss of luggage, 335. 



Or personal injury, id. 



Eelationship between Proj)rietor and Driver, id. 

 Master and Servant driving together, id. 

 Servant entrusting the reins to a stranger, id. 

 Servant striking the Horse of another, 336. 

 Servant striking jDassenger, id. 



Guard of omnibus using undue violence to passenger, id. 

 Servant removing an obstruction, 337. 

 Servant acting imj^roperly, id. 

 Making a detour for his own purposes, id. 

 Servant acting contrary to his trust, 338. 

 Taking his Master's Horse without leave, id. 

 Ee-entering on duty, 339. 

 Taking the Horse of another, id. 



