switch stick from the hands of an employee of the railway company who was using it on top of an electric car to free the trolley. Injuries to Passengers--Evidence as to Appearance before and after Injury-Admissibility. In an action by a passenger against a street railway company to recover for personal injuries, where the evidence showed that she was injured to a greater or less extent at the time of the accident; that she was confined to her bed for several weeks thereafter in consequence of those injuries; and that she ultimately went to a hospital, and was there treated for sickness which she claimed was occasioned by the injury received, it was not error to admit testimony as to her appearance of health and disposition before and after the injury. West Chicago St. R. Co. v. Kennedy-Cahill, (Ill. 1897), 46 N. E. Rep. 368. Riding on Platform-Negligence. -In Bailey v. Tacoma Traction Co., (Wash. 1896), 47 Pac. Rep. 241, the court held that the occupancy of the front platform of a street car by a passenger whose fare had been accepted, and who, with others, had been in the habit of riding there, was not, in the absence of a rule of the company forbidding riding on the platform, contributory negligence per se. Injuries to Passengers- Negligence-Instructions. In an action against a street railway company to recover damages for personal injuries, received through the alleged negligence of the defendant in the management of its car from which the plaintiff was alighting, it is not error to instruct the jury that slight negligence on the part of the plaintiff was not necessarily incompatible with due and ordinary care. Chicago City Ry. Co. v. Densmore, (Ill. 1896), 44 N. E Rep. 887. Inconsistency between General Verdict and Special Findings.-In an action against a street railway company to recover for personal injuries, the declaration charged that while the defendant was lying upon the ground by the side of the grip car, where he had been thrown by the collision of a wagon with the car while he was looking for a seat in the car which was stationary, the defendant negligently started its grip car suddenly into motion. The general verdict found the defendant guilty of the negligence charged. There was a special finding that the car was in motion when the plaintiff fell. Held, that the verdict and such special finding were inconsistent. Ebsery v. Chicago City Ry. Co., (II. 1897), 45 N. E. Rep. 1017. Injury to Passenger Negligence Question for Jury. - A passenger on a street railway having signaled the conductor that she wished to get off, was about to leave the car, using ordinary care and diligence while so doing, when the car was suddenly jerked forward, and she thrown forward and injured. Held, that the defendant's negligence was a question of fact for the jury. Chicago City Ry. Co. v. Densmore, (Ill. 1896), 44 N. E. Rep. 887. was Injuries to Passenger-Proximate Cause-Question for Jury.In an action to recover for the death of a passenger alleged to have been caused by the sudden starting of a street car as she was boarding it, it appeared that the deceased felt at once the physical effect of her injuries, followed, the next day, by symptoms of premature childbirth, which occurred a few days later, and was followed by tetanus, which caused her death. The medical testimony agreed that, while tetanus resulting from childbirth is comparatively rare, there is a distinct relation between it and childbirth, especially miscarriage, and that it is one of the natural and probable consequences to be appre through the switch on the main track that a car going in the opposite direction has passed the point where the switch opens hended. It was shown that the disease was caused by specific infection, but by the same witnesses it was shown that the miscarriage made the deceased into the main track, such fact especially liable to infection. There was no evidence which would have justified the court in saying that there was an intervening independent cause. Held, that the question whether her injuries were the proximate cause of her death was a question for the jury. Brashear v. Philadelphia Traction Co., (Pa. 1897), 36 Atl. Rep. 914. . Street Railways-Expulsion of Drunken Passenger. It is the right and duty of a carrier to expel from his vehicle any person whose conduct or condition is such as to endanger the safety or to cause discomfort and annoyance to other passengers, and it is sufficient, to justify such expulsion, that the offender is, through intoxication or otherwise, in such a condition as to make it reasonably certain that, by act or speech, he will become offensive or annoying to other passengers, though he may not have committed any act of offense or annoyance. Edgerly v. Union St. R. Co. (N. H. 1893), 36 Atl. Rep. 558. Expulsion of Drunken Passenger -Injuries-Proximate Cause. A passenger who was intoxicated, but not so much so as to be bereft of intelligence or unable to walk, was expelled from a street car shortly after sunset at a place near dwellings, and upon a public highway. He wandered upon the track again and lay down and went to sleep there, and was killed by a car. Held, that his expulsion was not the proximate cause of his death. Edgerly v. Union St. R. Co. (N. H. 1893), 36 Atl. Rep. 558. Street Railways--Failure to Place Signals at Switch-Negligence.Where a street railway company fails to provide any signal at a switch whereby it can be known to employees bringing a car near is sufficient to establish neg- 15. TAXATION. Payment of Taxes by Owner of Paramount Title-Effect.--In an action of ejectment against a railway company to recover a strip of land, it appeared that the railway company had paid taxes on such land for more than seven years, the strip, which was occupied by a track, being assessed as a track, and that the owner of the paramount title had for several years paid taxes on the whole quarter in which such strip was located before they were paid by the company, taking a receipt for the whole quarter. Held, that such strip as to its assessment, taxation and payment of taxes was separated and removed from the quarter as a whole, that the owner of the paramount title in the payment of taxes for the whole quarter did not pay for such strip, and that the payment by the company of the taxes was not avoided by his payment. St. Louis, etc., R. Co. v. Warfel, (I11. 1896), 45 N. E. Rep. 169. Taxation of Express Companies -Interstate Commerce.-A state statute taxing express companies upon business done wholly within the state, and exempting interstate business of such companies is not in violation of the commerce clause of the United States constitution. Osborne v. State of Florida, (U. S. 1897), 17 Sup. Ct. 214. Seizure of Railway Property for Taxes-Validity.-In Chicago, etc., Ry. Co. v. Forest County, (Wis. 1897), 70 N. W. Rep. 77, PINNEY, J., delivering the opinion of the court, said: "The franchises and rights of a quasi public corporation, owing important duties to the public, and the property vested in it necessary for their use and enjoyment, and the accomplishment of the purposes for which it was created, constitute an entirety, and, in the absence of special statutory authority, are not subject to be seized and sold on execution, or for mechanics' liens, nor on tax process." INDEX TO NOTES. CARRIERS OF PASSENGERS Collision with baggage trucks, Duty of company to provide Duty to Receive Passengers, 269. Disabled person without at- In general, 269. Insane persons, 271. Persons who may be excluded, Eating-house stations, 488. Increasing number of trains, Injury caused by things thrown Injury to passengers, 486. Mixed train, 259. Passenger injured by removal Passenger struck by mail bag, compelled trains, 258. to run Refusal of carrier to carry in- sane person, 271. Refusal of carrier to carry in- toxicated person, 271. Stopping trains at station, 258. Declaration, 193. Duty to stop at station a CONSTITUTIONAL LAW. Constitutionality of statute NEGLI- GENCE-Continued. Whether the Declaration Need Averments in lieu of direct Freedom from contributory 358. Negativing in general terms, Plaintiff must negative con- CROSSINGS. Deaf persons, 319. View obstructed by trees, bush- DAMAGES. Doctor's bill as part of dam- making railroad companies DEAF PERSONS, 319. 387. |