INDEX. 787 



The references are to the pages. 



RAILWAY COMPANIES— (Continued.) 

 fences; notice of defect in, 658, 671. 



liability for openings in, 659. 



point of entry of animal the test, 660, 692. 



waiver by land-owner, 661. 



contracts with regard to, 661-663. 



to what owners company is liable, 663-668. 



where fences are and are not necessary, 668-671, 681-686. 

 frightening animals by unnecessary noises, 597, 599. 



by obstructions, 238, 598. 



by failure to signal, 599. 



by noises due to ordinary operation of trains, 600-602. 



by street railways, 602-604. 



duty where frightened animal is seen, 604. 



screens; removal of carcasses, 605. 



fright must be proximate cause of injury, 606. 



where not an element of damage, 607. 

 gates at private crossings, 669-671. 



sufficiency of, 671. 



knowledge of insufficiency, 671. 



duty to keep gates closed or in repair, 672-675. 

 headlight, duty to carry a, 581. 



stock should be seen in time by, 592. 

 lookout, where necessary, 586. 

 negligence, liability for, in general, 577. 



must be proximate cause of injury, 577. 



in attracting animal to track by food, 579- 



in not removing bushes, 580. 

 See also the sub-titles, "Crossings;" "Duties of Trainmen;" "Fences;" 



"Frightening Animals." 

 notice of claim, 629. 



of a defect in a fence or cattle-guard, 658, 672, 679. 

 parties, plaintiflfs in an action for negligenece, 631-632. 



in an action for failure to fence, 289, 290, 686. 



defendants: lessees; receivers, etc., 632-635, 687-689. 

 passengers, duty to, paramount, 585. 

 pleading; averments in action for negligence, 635. 

 for failure to fence, 689. 

 duplicity, variance, etc., 636, 691. 

 running at large of animals as afifecting owner's recovery, 607-619. 



meaning of the expression, 622. 

 signals; duty with regard to ringing bell and blowing whistle, 595- 



597, 599, 601, 604. 

 speed, rules with regard to, 588, 592-595. 

 station grounds need not be fenced, 683-685. 



