« PředchozíPokračovat »
$ 385, CODE PROVISIONS.
Negligence-Liability in general. California, § 1714. Everyone is responsible, not only for the result of his wilful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, wilfully or by want of ordinary care, brought the injury upon himself. The extent of liability in such cases is defined by the title on compensatory relief. (Kerr's Cyc. Civ. Code.)
The following statutes treat of the same subject as the foregoing:
Montana, Rev. Codes 1907, 8 5077. North Dakota, Rev. Codes 1905, $ 5392. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), $ 839; Comp. Laws 1909 (Snyder), § 1149. South Dakota, Rev. Codes 1903, C. C. $ 1297.
§ 386. COMPLAINTS (OR PETITIONS). FORM No. 916—For negligent maintenance of electric-light plant and system
of wires connected therewith. (In Younie v. Blackfoot L. & W. Co., 15 Idaho 56; 96 Pac. 193.) [Title of court and cause.]
(After introductory part, alleging incorporation of defendant company, description and ownership of plant, operation of the same, etc., the complaint sets forth the particular acts of negligence as follows:
1. That defendant, in conducting its electric-light and electricpower business, had erected a receiving and distributing plant, and had strung poles along the streets and alleys of the village of Blackfoot, and strung along the said poles a system of wires, appurtenances, and appliances charged with a dangerous and life-destroying force and current, known as electricity; that in January, 1895, the defendant corporation, its agents, servants, and employees, neg. ligently and carelessly constructed a system of wires and electric lights in plaintiff's livery barn in said village, for the purpose of lighting said barn, and negligently and carelessly attached said system of wires and lights to said defendant's wires, strung along the streets of said village, and negligently and carelessly failed to exercise and use proper care, diligence, and skill in putting up said plant and selecting material therefor, and in operating, inspecting, and maintaining its plant, wires, and other appurtenances and appliances
ght plz: 31
and system of wires connected therewith, and dangerously and neg-
2. That by reason of the defendant, its agents, employees, and
G. F. Hansbrough,
Attorney for plaintiff.
FORM No. 917—For damages caused by negligent breaking of a plate-glass
window. (In Clardy v. Hudspeth, 89 Ark. 189; 115 S. W. 1134; 21 L. R. A.
(N. S.) 702.) [Title of court and cause.] [After formal parts, plaintiff alleges :)
That plaintiff was on the 10th day of January, 1907, and ever since has been, the owner of a certain brick building in the town of Nashville, Arkansas, situated on the corner of Main and Clark streets, on lot 4, block 25, which is known as the post-office building; that on the said 10th day of January, 1907, defendant negligently and carelessly walked through and broke one large plate-glass window, then and there permanently set and fixed and annexed to said building and being a part thereof; that said glass window was of the value of $35; that thereby plaintiff was injured in his property by the defendant, as aforesaid, and to the damage of plaintiff in the said sum of $35. [Concluding part.]
J. W. Bishop Attorney for plaintiff.
FORM No. 918—For damages for personal injuries.-Negligence in maintain.
ing excavation in highway. (In Sanderson v. Billings Water Co., 19 Montana 236; 47 Pac. 998.)
[Title of court and cause.]
That during all of the times hereinafter mentioned the defendant was, and still is, a corporation organized under the laws of the state of Montana; that the defendant, on the 21st day of June, 1894, by its agents and servants, wrongfully, carelessly, and negligently excavated a deep and dangerous trench in and across a public street [here named and location of trench described].
2. That said defendant, by its agents and servants, wrongfully. negligently, and carelessly thus obstructing said highway, left a large pile of earth in said road, street, and highway, and negligently suffered said pile of earth dug from said excavation and trench to remain thereon and thereover, obstructing said highway during the night-time of said day; and to remain thereon and thereover openly exposed, and without any protection, fence, light, signal, or anything else to indicate danger or give notice to travelers along said highway against accidents; that by reason of said negligence, careless
ness, and improper conduct of the defendant, by its said agents and servants, in the night-time of the said day, while the plaintiff was lawfully traveling on said highway and street, the two-wheeled cart of the plaintiff, being then and there driven by plaintiff, with one horse drawing the same, then passing through said street and along and over said road, street, and highway, the plaintiff being then and there wholly unaware of danger, was, without fault or negligence on plaintiff's part, accidentally driven against the said pile of earth, and thereby overturned, whereby the plaintiff sustained great bodily injury, in this, that one of his ankles was dislocated and badly sprained, and is, as he is informed and believes, permanently injured; that he was thereby made sick, sore, and lame, was put to great pain, and was, and is still, prevented from going on with his occupation and business of farming, to his damage in the sum of $5,000.
Wherefore, plaintiff prays judgment against the defendant for the sum of $5,000, and costs of this action.
Gib S. Lane, (Verification.]
Attorney for plaintiff.
FORM No. 919—For negligently managing artificial waterway.
(Title of court and cause.)
19 at the plaintiff was the owner of a certain valuable water-ditch, for the purpose of conveying water, at which time and place the defendant was also the owner of a certain other water-ditch, for the same purpose.
2. That at said time and place the defendant's ditch was so badly and negligently constructed and managed, and the water therein was so negligently and carelessly attended to, that said ditch broke and gave way, and the water therein flowed over and upon the ditch of the plaintiff, greatly damaging and injuring the same, and carrying down therein and thereon large quantities of rock, stone, earth, and rubbish, and breaking the plaintiff's said ditch, and depriving him of the use and profit of the water flowing therein, to the plaintiff's damage in the sum of $
FORM No. 920—For negligently causing fire.
[Title of court and cause.)
the plaintiff was, and still is, possessed of about acres of land, situate in said county, on which there was an orchard and fences, and also a barn, in which was stored at said time (five] tons of hay.
2. That the defendant on said day intentionally kindled a fire on his land next adjoining the plaintiff's, and near to plaintiff's division fence, and so negligently watched and tended the said fire that it spread to the plaintiff's said land, and consumed said barn and said hay, of the value of $ ; and, also, [set out special damages).
[Title of court and cause.]
19 , the plaintiff owned a certain boat (describing it], of the value of $ then afloat in the
River, near and loaded with state what), and the defendant was then and there in the possession of a certain steamboat, called
and had the management and direction thereof.
2. That the defendant, at said time and place, took so little and such bad care of said steamboat, in the direction and management thereof, that the same, by and through his carelessness, negligence, and mismanagement, with great force, ran foul of and struck against the plaintiff's said boat, and thereby broke and greatly damaged the same, and thereby said goods and chattels of the plaintiff, then on board of his said boat, became saturated with water and spoiled.
3. That by reason whereof the plaintiff has been obliged to expend, and has expended, the sum of $ in and about repairing the damage to said boat, and in replacing or restoring said goods and chattels, and was deprived of the use of said boat for days, to the damage of the plaintiff in the sum of $
[Concluding part.] FORM No. 922-For injuries to sheep caused by ferocious dog.
[Title of court and cause.] The plaintiff complains of the defendant, and alleges : 1. That at the time hereinafter mentioned the defendant wrong.