INDEX. 567 



NEGLIGENT DRIVING— continued. 



where such negligence occasioned part of the mischief, 290 



contributory negligence of children, 290, 291 



a wrongdoer not without the pale of the law, 291 



driving against an ass fettered on the road, id. 



question of ordinary care on the part of plaintiff, 292 



on the part of the defendant, id. 



circumstances of the case must be left to the jury, id. 



horse injured in being led out of the stable, id. 



where no negligence on the part of defendant, 293 



a heap left on a highway, id. 



opportunity of seeing the obstruction, id. 



running over stones at night, id. 



level crossing in improper state, id. 



leaving the highway, 294 



excavation a public nuisance, id. 



steam-roller on highway, id. 



trespasser may maintain an action, id. 



true test of legal hability, 295 



owners of private ways may be liable for negligence, id. 



injury to person unexpectedly on defendant's premises, id. 



obstruction by licensee of private road, id. 

 intervening act of third party, id. 



hability of a contractor, 296 



where there are several ways of doing a thing, 297 



liability of an employer, id. 



w'hat is the question in such cases, id. 



drain repaired by an ordinary but skilful labourer, id. 



stones left by a sub-contractor, 298 



surveyor of highways guilty of neglect of statutory duty, 

 id. 



works executed under local acts, id. 



both parties to blame, id. 



identification of chUd with person in charge, 299 



doctrine of identification of passenger with driver ex- 

 ploded, id. 



altogether an accident, 300 



running over a person at night, 301 



wjiere it is the result of the sudden fright of the horse, id 



Sammack v. White, 301, 302 



driver not calliag out, 302 



horse running away, 303 



qualification of rule, id. 



where defendant knows that horse is unmanageable, id. 

 or a kicker, id. 



proof of negligence must be affirmative, id. 



when evidence is equally consistent with negligence and 

 no negligence, 304 



wjiere a horse straying on a highway kicked a child, id. 



horse kicking at a sale, id. 



accident itself sometimes affirmative proof of negligence, 



evidence identical with that required for manslaughter, 

 306 



