NEGLIGENCE REPORTS

CURRENT SERIES
[CITED AM. NEG. REP.]

THE CURRENT NEGLIGENCE CASES DECIDED IN THE FEDERAL
COURTS OF THE UNITED STATES, THE COURTS OF LAST
RESORT OF ALL THE STATES AND TERRITORIES AND
SELECTIONS FROM THE INTERMEDIATE COURTS

TOGETHER WITH

SPECIAL NOTES AND ANNOTATIONS

EDITED BY

WALTER J. EAGLE

EDITOR OF AMERICAN NEGLIGENCE CASES

VOL. XXI

NEW YORK

REMICK, SCHILLING & CO.

1910

COPYRIGHT, 1910

BY

WEED-PARSONS PRINTING COMPANY

PREFACE.

Following the plan of the previous volumes of the series of AMERICAN NEGLIGENCE REPORTS, this volume (VOL. XXI, AM. NEG. REP.) contains reports of cases relating to INJURIES TO PERSONS AND PROPERTY, decided in the State and Federal Courts during the year 1909, together with several rendered in 1907, 1908 and 1910, being NEGLIGENCE cases arising out of the relations of CARRIER AND PASSENGER, LANDLORD AND TENANT, MASTER AND SERVANT, MUNICIPAL CORPORATIONS, STEAM AND STREET RAILROAD COMPANIES, etc., and all other branches of the LAW OF NEGLIGENCE.

The cases reported herein comprise decisions in the highest courts of Alabama, Arizona, Arkansas, California (Supreme and Appellate), Colorado (Supreme and Appellate), Connecticut, Delaware (Supreme and Superior), District of Columbia, Florida, Georgia (Supreme and Appeals), Idaho, Illinois (Supreme and Appellate), Indiana (Supreme and Appellate), Indian Territory, Iowa, Kansas (Supreme and Appellate), Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri (Supreme and Appellate), Montana, Nebraska, Nevada, New Hampshire, New Jersey (Supreme and Errors and Appeals), New York (Court of Appeals and Appellate Division of Supreme Court), North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas (Supreme and Civil Appeals), Utah, Vermont, Virginia, Washington, West Virginia, Wyoming, and the United States Supreme, Circuit Courts of Appeals and Circuit and District Courts.

SPECIAL NOTES and ANNOTATIONS bearing on the LAW OF NEGLIGENCE appear in the volume, among them being TELEGRAM CASES; ELEVATOR CASES; MINING CASES; CARRIER OF PASSENGERS (ALIGHTING AND BOARDING CASES); CARRIER OF GOODS (LIVE STOCK AND MERCHANDISE); MALPRACTICE CASES; ANIMAL CASES; ACCIDENT POLICY CASES, etc.; HORSES FRIGHTENED BY VARIOUS OBJECTS; LINEMEN INJURED BY