The Law of Automobiles

Claude Perrin Berry

Callaghan, 1924 - Počet stran: 1793

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CHAPTER I	1

The term as used in this work 4 Automobile terms defined	3

Statutory definitions of automobile	5

Automobile as stage coach	6

Motorcycle defined 8 Early history of the automobile	7

Recent inventions and developments	8

Popularity and success of the automobile	9

History of the bicycle CHAPTER II	11

SameIllustrative cases	901

Rights and duties when one vehicle has right of	902

SameIllustrative cases	903

SameConstruction of provisions of statutes and ordinances	904

Arriving at intersection at approximately the same instant same time	905

Fire department vehicles or the	906

Failure to give right of way to car entitled thereto moving at excessive speed	907

Driving in front of automobile entitled to right of	908

Same Quotations from the courts	15

Not classed with ferocious animals 17 Ordinance relating to animals not applicable 18 Is included in statute relating to teams carts and carriages	18

Automobile is a vehicle	19

Automobile is a carriage 21 Decisions that the automobile is a carriage	20

Automobile held not to be a carriage 23 Characteristics of the automobile	22

Tendency to frighten horses	24

Noises incident to operation	25

Judicial notice	26

Status of the bicycle	27

SameIs a vehicle or carriage	28

SameHeld not to be a vehicle or carriage CHAPTER III	29

Police power described	30

Power of the state to regulate use of property 32 Limitation of police power	31

Automobile regulations as class legislation	42

Exempting automobiles kept in stock 44 Registration and display of numberPurpose	46

SameConstitutionality of the law 46 SameTaking of property	47

SamePersonal liberty	48

Same Meaning of due process of law or law of the land 49 SamePrivileges and immunities of citizens	49

Discrimination between residents and nonresidents 51 Discrimination against nonresidents	50

Discrimination between nonresidents	52

Requiring motorist to stop on signal from driver of horse	53

Crime to have possession of automobile with manufacturers number re moved	54

Taxing automobile agents and dealers	55

Forbidding driving tractors over edge of pavement	56

Requiring driver or owner to give name address and assistance in case of accident	57

Requiring headlights to be tested	58

Making owner liable for all injuries done by automobile except when stolen	59

Making claim for damages caused by automobile lien thereon	60

Making owner liable when automobile operated with his consent	61

Taking automobile without owners consent made a crime	62

Providing for service of process on owner in any country	63

Requiring nonresident owner to appoint agent on whom process may be served	64

MUNICIPAL OR LOCAL POLICE REGULATIONS 65 Police power of municipal corporations	65

Power to regulate the use of streets	66

Ordinance regulating automobiles within the city limits	67

Power to regulate the speed of automobiles	68

Giving right of way to certain vehicles	69

Failure to place signs as required	70

Ordinance forbidding crossing of streets except at designated crossings inoperative until designation made	71

Power to require lights on automobiles	72

Forbidding escape of smoke gas	73

Requiring automobiles to pass to right of street cars	74

Requiring motorist to stop at rear of street cars	75

Construction of ordinances passed under implied power 88 Construction of penal ordinances	76

DiscriminationClass legislation	77

Distinction between regulate and prohibit 91 Title of ordinances	78

Ordinance void in part	80

Conflict of ordinance with state statute	81

SameIllustrations 99	84

SameForbidding municipalities to deny free use of streets	87

Same act may be offense against state law and ordinance	88

License defined CHAPTER V	90

Purpose of license	102

License is personal	103

License may be revoked	104

License fee must be reasonable	105

106 Fixing the amount of the	106

Revenue incidentally derived from license	107

Disposition of license	108

License fee not a tax on automobiles	109

Equality and uniformity of taxation	110

Excise privilege or license	111

Double taxation	112

Statute as both police and revenue measure	113

License tax as to persons in interstate commerce	114

Local or special	115

Classification for purpose of license or	116

Classification according to horse power	117

Annual lump sum	118

Exempting automobiles from taxation	119

County licenseNecessary in every county	120

False representations in application for license	121

SameIllustrations 132 SameAll licenses expiring at same time 133 Power to license or regulate does not imply power to prohibit	122

Licensee fee not a tax on automobiles 135 License from both state and city 136 Exempting automobiles from municipal license and	123

Uniform rate of taxation 138 Classification of subjects of license	124

Unreasonable searches and seizures	125

Scope of phrase Transporting persons or property	126

CHAPTER VII	127

Automobiles in interstate commerce	131

Taxing automobiles used in interstate commerce	132

Automobiles operating between two states 149 Stolen automobile in interstate commerceDyer	133

CHAPTER VIII	135

Right of motorist to use highways	136

Use of automobile not negligence per	137

Unreasonable use of highway 153 Care required of operator	138

SameCommensurate with dangers of vehicle and surroundings	142

Care dependent upon condition of automobile	144

Higher degree of care imposed by statute	145

Inexperience as affecting liability	148

Liability of occupants of automobile for injury to another 163 Duty to drivers following in rear	149

Evidence of want of care	150

Presumption as to skill of operator	152

Intoxicated driver	153

Duty as to brakes	155

157 Care required of motorist for his own safety	157

Statute creating only criminal liability for violation	158

SameUnder statute making specified rate prima facie evidence of neg ligence	161

Proximate cause of injury	169

SameIntroduction of hospital quiet zone signs as evidence	172

SameUnable to stop within distance objects are visible	173

SameApplication of speed regulations to fire department vehicles	174

175 Speed greater than is reasonable	175

Speed that endangers life limb or property	176

Speed in approaching a descentstatutory provision	177

Speed as proximate cause of injury	178

Driving on slippery street without chains	179

Racing in highways	180

Willfulness or wantonness	181

Coasting as negligence	182

Laws regulating traction engines not applicable to automobiles	183

Duty to have lights on automobiles at night	184

Failure to display lights	185

To create liability absence of lights must proximately cause injury	186

Dimming lights	187

Lights required on automobile Operated or Driven	188

Lights to show in direction in which vehicle is proceedingStanding au tomobile	189

Lights required on Front of automobile	190

Lights that will make objects visibleColliding with pile of debris	191

Judicial notice of time of sunset	192

Rain collecting on windshieldObstruction	193

194 Requiring automobiles to stop in rear of street cars	194

195 Duty to sound warning of approach	195

SameWhen warning would be unavailing	196

Signal upon approaching and upon crossing	197

Testimony concerning giving of warning signal	198

Signaling intention to slow down stop or turn	199

Towing truck without brakes on slippery street	200

201 General rights and duties at street intersections	201

SameVehicles having right of	202

Turning at street intersectionsCutting corners	203

Care in turning corners and at curves	204

Turning corner where view is obscured	205

Statute regulating speed in approaching or traversing an intersecting way construed	206

Restricting traffic space by parking automobiles	207

May assume others will exercise due care	208

Last clear chance doctrine	213

SameDoctrine of discovered peril	215

SameUnder statute imposing high degree of care 216 Application of res ipsa loquitur	216

SameAutomobile starting of own accord 218 Rebuttal of res ipsa loquitur by defendants evidence	217

Statute or ordinance enacted for particular purpose	218

Liability of joint tort feasors	219

Liability of persons whose independent acts concur in causing injury	221

Rights and duties of incapacitated persons 223 Insane persons	223

Deaf persons 225 Persons with defective sight 226 Blind persons	224

Intoxicated persons 228 Verdict as warning to other operators or as protection to other travelers	225

Skidding automobiles	226

SameStriking lamp standard 231 SameEvidence of negligence	227

Collision with telephone pole in highway 233 Leaving automobile unattended in highway	228

Leaving automobile with engine running 235 Backing automobile	231

Care in approaching standing vehicle	232

Repairing automobile in highway	233

General consideration	238

Highway defined	239

Turnpike defined	240

Use of the highway LAW OF THE ROAD	241

Use of automobiles on the highways	242

Right of automobiles on turnpikes	243

Rightofway on highways	244

Duty to turn to right	245

Driving on wrong side of highway	246

SameBacking northerly on west side to park	247

SameCreates civil liability only when cause of injury	248

Traveler may justify driving on wrong side	249

When not meeting other vehicles	250

Driving wrong way on oneway street	251

Forced to leave roadway by negligence of other driverEmergency	252

Vehicles passing in same direction	253

Same Rule does not apply to automobiles passing street cars	254

Turning around in street 256 Vehicles having rightofway by	258

Liability for fire communicated from burning automobile	261

CHAPTER IX	262

SameDistinction between right when injured by another traveler and when injured by defective highway	269

264 SameBurden of proof 265 Permitting use of unregistered automobile	271

Dealers number on automobile operated by private owner 267 Use of manufacturers number	272

Automobile operated for pleasure under dealers registration 269 Effect of using borrowed number plates 270 Effect on registration of death of own...	273

Operating automobile under false registration	274

Registration in name of fictitious partnership or firm name	275

Registration by association or joint owners	276

Registration in name of one of two joint owners	277

278 Registration by second hand dealers 279 Term of exemption for nonresidents 66 280 Commercial vehicle	279

Truck constructed from automobile how licensed 282 Operating automobile without license	280

Licensee subject to all laws 284 License to operate does not authorize carrying passengers for hireEffect of violation of	283

Failure of applicant for license to disclose infirmity 286 License provision as to nonresidents not applicable to foreign corpora tion when 287 Empl...	284

Helper on truck cranking engine not an operator 290 Automobile owned by corporation or partnership	286

CHAPTER X	287

Traffic	289

Intersecting highways	290

66 Intersecting point 301 Vigilant watch	292

Ride or drive 303 Absolute control at all times 304 Meaning of steam as applied to automobiles by statute	293

66 Average rate of speed 306 Business portion 66 307 Approaching 308 66 Approaching a high embankment	294

Diffusing type of lens 310 Uniform rules 66 311 Traveler	295

CHAPTER XI	296

Striking pedestrian at high speed in daylight	297

Mutual rights and duties generally	298

Each must anticipate use of highway by the other	301

At crossings	302

Duty of operator generally	304

Duty to signal 317 Diverting automobile to front or rear of pedestrian	308

Compelling pedestrian to yield way 319 Duty of pedestrian generally	309

Duty to look and listen for automobile	312

Stop look and listen rule does not apply	315

Need not continuously look and listen	316

Duty to look to the rear	318

Duty at private crossings	324

Care required not the same as when crossing street car or railroad tracks	325

May assume motorist will exercise due care	326

327 May use any part of highway	327

When ordinance or statute gives vehicles right of way between crossings 329 Pedestrians required by statute to cross at crossings 330 Pedestrians ha...	328

Duty of mere licensee	330

Last clear chance doctrine	332

SameIllustrations	333

Evidence of probable conduct of pedestrian when confronted with danger SPECIFIC ACTS OR OMISSIONS 335 Overtaking and colliding with ped...	334

SameOverloaded machinedark nightslippery roadhigh speed 337 SamePedestrian in charge of animals 338 Driver struck while walking in highway ...	338

Leading horses into street from yard 340 Struck when attempting to rescue child 341 Automobile not seen by pedestrian	339

Pedestrian emerging from close in front of street car 347 Pedestrian emerging from behind vehicle in middle of block	343

348 Emerging from behind crowd in middle of block 349 View of both obscured by team 350 Automobile obscured by wagon	344

Automobile obscured by street car 352 Automobile turning suddenly around street	345

Driving past standing street carPedestrian crossing in front of	346

Automobile zigzagging obscured by standing vehicle 355 Pedestrian emerging from behind wagonAutomobile on wrong side	347

Driving between curb and row of parked automobiles 357 Carrying umbrella in rain 358 Automobile on wrong side on dark rainy nightPedestrian ...	349

Pedestrian not seen by driver on rainy nightHigh speed	350

Pedestrian becoming confused or excited on approach of automobile	351

Falling from fright at automobile approaching without warning	353

Automobile swervingPedestrian moving back and forth to avoid	354

Stepping back from place of safety in front of automobile 364 Pedestrian turning back 365 Alighting backwards from standing truck	356

Alighting from truck in country road and crossing in front of automobile 367 Driver picking up something in highway	357

Stepping back from approaching automobile in front of street car 369 Pedestrian walking in roadway between crossings	358

SameFalling on ice in avoiding machine	359

Walking in street to avoid material left by contractorLiability of latter 372 Crossing diagonally carrying sack of grain	360

Driver carrying armful of pies crossing street from rear of wagon 374 Walking close in front of automobile	361

Struck by automobile following close behind another 376 Walking against automobile	362

Crossing congested street	363

Crossing street after seeing automobile	364

Failure to give warning or slacken speed	377

Struck by automobile turning or just after turning corner	378

Pedestrian having seen automobileRes ipsa loquitur	379

380 Pedestrian standing in street	380

Pedestrian waiting in street for street car to pass	381

Elderly woman struck near curb while stooping over	382

383 Pedestrian crossing roadway of bridge	383

Struck on driveway to public building	384

385 Struck while sitting on bridge approach railing	385

Woman lying prostrate in street	386

387 Tripping over towing rope	387

Pedestrian crossing in plain view	388

Pedestrian on crosswalk in view	389

Automobile 450 feet distant when pedestrian started to cross street	390

CHAPTER XII	405

Driving past street car stopped to take on or let off passengers	407

Transferring from one car to another 443 Struck within safety zone	411

ALIGHTING PASSENGERS 444 Failure to look for approaching automobile	412

Struck by automobile before seeing	414

Officer stepping from front end of car 447 In act of stepping from car 448 Struck just after alighting	415

Backing into private driveway	417

Cutting corner	418

Automobile starting when cranked	419

Automobile deflected against pedestrian by collision with standing auto mobile	420

Attempting to pass in rear of pedestrian	421

Automobile changing course towards pedestrian	422

Automobile speeding to cross in front of team	423

Automobile moving out of driveway between buildings	424

Automobile turning rapidly into alley	425

Inexperienced operator	426

Iron bars extending from rear striking pedestrian in making turn	427

Roll of paper falling from truckRes ipsa loquitur	428

391 Excessive speed of automobile	429

Motorist blinded by light	430

Spectator at race injured by automobile leaving course	431

Same Spectator a trespasser	432

Officer employed at races struck by machine which left track	433

Pedestrian crossing race track at fair	434

Motorist struck while stopped in highway putting up	435

Struck while placing tire in tire holder on rear of	436

Pedestrian intoxicated	437

Matters properly shown in defense	438

Attempting to deflect car around child 470 Depending on child heeding signal of approach	439

Child starting unattended truck injuring playmate 472 Driving through crowd of children	440

Striking one of a group of children in plain view	441

Excessive speed of automobile	442

Automobile backing 476 Steering gear failing to work	443

Automobile skidding onto sidewalk 478 Automobile turned to left to avoid other vehicle	444

479 Automobile on wrong side of street 480 Both automobile and child starting after having stopped or slowed down	445

Parent permitting child to cross in front of automobile 482 Child pulling away from mother in sudden peril	446

Neither seen by the other	447

Boy riding in small wagon attached to and trailing behind wagon 526 Child climbing on and playing about automobile 527 Child climbing on runn...	471

Starting while child on running board	472

Boy permitted to ride on running board 530 Child violating ordinance 531 Res ipsa loquitur	473

CHAPTER XIV	474

Laborer relying on warning being given 535 Street paver struck	476

Street sweeper struck from rear 537 Street sweeper struck by backing automobile 538 Track worker	477

Employee sweeping snow from car track 540 Laborer working at night	478

Police officer	479

Policeman run over by parked car struck by another car 543 Traffic officer colliding with obstruction while exceeding speed limit 544 Street car e...	480

Taking wood from pile at night without displaying light 546 Worker on floor of private subway used by automobiles 547 Telephone employee wo...	481

Struck on sidewalk at private driveway	484

Child struck near curb	485

Child standing at curbAutomobile on wrong side	486

Roller skating	487

488 Rolling hoop in street	488

Children coasting in street	489

490 Coasting into rear wheel of truck	490

Boys playing football in street	491

Walking in front of automobile without seeing	492

Child going into street close in front of automobile	493

Boy walking into course of automobile turning towards curb after pass ing wagon	494

Walking into street following crowd	495

Running into street in play	496

Boy running in street overtaken by automobile	497

Boy turning back after running into street	498

Running from other children	499

Running from sidewalk after ball	500

Playing in highwayStruck by truck approaching from the front	501

Running suddenly into street at night	502

Running suddenly onto driveway of bridge	503

Running against side of automobile	504

Automobile turning towards same side of street boy running to striking him near curb	505

Failure to look for automobile	506

507 Running from behind street	507

Child emerging from behind vehicle	508

SameVehicle unlawfully parked	509

Driving past street carChild emerging from behind telegraph pole	510

Running from in front of horsesAutomobile passing other vehicle	511

Driving around another vehicleFailure to see child	512

Crossing street in middle of block	513

Near school	514

Newsboy in plain viewLast clear chance	515

Newsboy running in front of automobile	516

Struck after jumping from wagon	517

SameBundle delivery	518

SameAt regular crossing	519

SameFrom rear of wagon	520

Negligence of operator not attributable to occupant	548

The rule in Michigan	549

As between members of family	550

Husband and wife riding in community property automobile	551

Wife riding in her car driven by husband	552

As between coemployees	553

As between members of fire department	554

As between policemen and automobile patrol chauffeur	555

As between nurse and driver of ambulance	556

As between dealers chauffeur and prospective purchaser	557

Undertakers driver and passenger	558

Rights of guest when driver without authority to permit him to ride	559

Presumption when passenger is killed	560

Operator and occupant as fellow servants	561

Rules of the road as applicable	562

Speed statute not applicable to guest	564

Joint or common enterprise	565

SameIllustrations	566

SameCoemployees	567

SameOperator and invited guest	568

SameGuest suggesting ride and directing course to take	569

SamePoliceman and patrol driverFireman and driver	570

Care required of occupant	571

SameIntoxicated occupant	572

Occupant not required to take same precautions as driver	573

Occupant inactive in presence of danger	574

Failure to look for danger	575

Riding with back towards danger	576

Automobile driven into open drawbridge at night	577

Sitting in door of automobile	578

Riding with legs hanging over end of truck	579

Leg protruding from door	580

Sitting on anothers	581

Thrown from running board	582

Failure to direct or warn driver or to alight	583

Failure to protest against negligence	584

Passenger injured by overturning of automobile due to striking	585

Collisions with street cars	586

SameAutomobile stalled on track	587

SameCaptain of fire department with control over driver	588

Riding on running board struck by rear of street car rounding curve	589

Collisions with railroad trainsDuty of occupant	590

SameOccupant in rear seat	591

SameFather watching son drive	592

SameCrossing bell ringing	593

SameIllustrations	594

Jumping from automobile on approach of train	595

Riding with intoxicated or negligent driver	596

SameOccupant and driver drinking together	597

Riding with unlicensed minor	598

599 Riding in automobile without proper lights	599

600 Seated on floor between seat and hood	600

Riding with leg over rear door	601

Overloaded automobile	602

Participation or acquiescence in drivers negligence	603

Statute imputing negligence of operator to gratuitous passenger void	604

Proximate cause	605

Liability of operator or owner to guest for negligence	606

Same	607

SameDriving into open canal	608

SameGuest invited by servant of owner	609

Res ipsa loquitur	610

Passenger jumping from automobile while in motion	611

Duty and liability to person requesting ride	612

Street car having right of way at crossing 660 May assume that street car will be operated with due care	618

Stopping street car as invitation to motorist to cross	619

Relying on street car making safety stop 663 Street cars operated on private right of	620

Liability of street railway company for injury to passenger struck by automobile 665 Street car passenger struck while on running board 666 Emplo...	621

Duty of employees not in charge of street	622

Law of road as applicable 669 Automobile stalled on trackMutual obligations	623

SameAt bottom of grade at night 671 Neither driver nor motorman attempting to stop	626

Taxicab running against street carFailure to sound gong 673 Salvage corps automobileInjury to employee 674 Fire apparatus	627

ACT OR OMISSION OF MOTORIST 675 Duty of motorist to look to the rear for street cars	628

Ignorant of tracksCar in view	629

Driving in front of lighted car at night	644

Driving against street	645

Unable to turn off track on account of snow 706 Meeting car in snow storm	646

Headon collision in cloud of smoke 708 Driving onto private right of way in center of street at night	647

Driving on track to avoid vehicles in street 710 Driving onto track to pass vehicle ahead	648

Conductor on running board struck by automobile 712 Automobile colliding with passenger riding on bumper of street	649

Steering gear of automobile breaking 714 Following and colliding with car 715 Driving or stopping close to track	650

Struck by overhang of street car rounding curve	651

Duty of street car motorman	652

Automobile in view long distance	674

Excessive speedUnable to stop after seeing	677

Turning automobile so as to receive glancing blow	678

Vision of sprinkling truck driver obscured by tank	679

Turning suddenly from one track onto another	680

Turning suddenly while paralleling track	681

Turning from behind one car in front of another on parallel track	682

Turning onto oppositebound track on bridge in cloud of smoke	683

Crossing behind standing car in front of another on parallel track	684

Turning around other vehicles and colliding headon with	685

Driving onto track after seeing	686

Driving onto track when car approaching	687

Driving slowly across track	688

Failure to see car in sight	689

Struck by car following close behind another	690

Motorist having right of way failing to see car until near	691

Continuing on track after seeing approaching	692

Driver continuing across when car reduces speed	693

Failure to look after passing obstruction	694

Driving on track close in front of	695

Turning onto track in front of	696

Car coming from opposite direction than expected	697

Turning onto track without signaling after passing	698

Automobile required by another vehicle to stop on track at street cross	699

Statutory presumption that collision was due to car companys negli gence	719

Street car running without lights at night	720

Failure to sound warning signal	721

Backing street	722

Car backing onto	723

Street car overtaking and colliding with automobile	724

Trolley pole breaking and falling on automobile	725

Automobile seen 100 feet distant	726

Street car leaving trackRes ipsa loquitur	727

Excessive speed of	728

Excessive speed of car at crossing	729

SameAutomobile reducing speed on track	730

High speedMistake in judgment by motorman	731

High speedNo signal	732

SameRainy night	733

High speedView partly obscured by another	734

Motorman signalling motorist to cross then starting	735

Motorman signalling motorist to crossStruck by another	736

Street car at high speed striking slowly moving truck visible for long distance	737

Excessive speed not essential to wantonness	738

Motorman unable to stop within limit of his vision LAST CLEAR CHANCE DOCTRINE	739

GenerallyIllustrations	740

741 Instructions to jury	741

Concurring negligence	742

No apparent danger until too late to stop street	743

Stopping on track	744

Approaching crossing obstructed by workmen on down grade in fog without stopping	779

780 Excessive speed	780

Defective brakes	781

Backing on trackLast clear chance	782

783 Disregarding flagmans signals	783

784 Struck by train that could have been seen	784

Heedless of train in plain view	785

SameLast clear chance doctrine	786

Driving on track at night without looking	787

Raising gates 845 Gates lowered on automobile	788

Colliding with gates lowered in front of automobile	789

Crossing while gates being lowered	790

848 Crossing gates downInsufficient light 849 Crossing bell silent	791

Leaving box car in street with door and bar projecting	793

Car moving south on northbound trackStating cause of action 852 Injury due to defective crossing	794

Sufficiency of crossing	796

Unnecessary obstructions to view on right of	797

Failure of company to remove obstruction in compliance with order of service commission 856 Box car projecting into streetNo signals 857 Box ca...	799

Last clear chance cases	800

Discovered peril cases	802

Res ipsa loquitur applied	804

Leaving automobile too near trackUnlawful speed of train	805

Stopping automobile too near trackLast clear chance	806

Crossing track at place other than crossing	807

Relying on speed ordinance	808

Relying on statute passed for particular purpose	809

Intoxicated motorist	810

Duty of trainmen at crossings	811

SameIllustrations	812

Standing engine starting	813

Private crossings	814

Engineer may assume that motorist will take usual precautions	815

Rate of speed as negligence	816

Duty of trainman stationed on rear of backing train	817

Signals	818

SameIllustrative cases	819

SameEarly morning	820

SameCasual connection supplied by statute	821

SameMotorist becoming confused	822

SameWhere drivers view of crossing obscuredExcessive speed	823

SameAs to driver who sees approaching train	824

Train near crossing suddenly backing	825

Backing train	826

SameAutomobile stopped on track in emergency	827

No headlight at night and no signals	828

Failure to stop after seeing automobile on track	829

Kicking back or flying switches	830

Colliding with automobile causing switch to turn	831

Duty of crossing flagman	832

Duty of crossing flagman when automobile stalls on track	833

Failure to have flagman or automatic bell at crossing	834

Absence of customary flagman	835

CHAPTER XX	856

Automobile on wrong side of highway	863

Automobile on wrong side colliding with motorcycle	864

Skidding onto left side of street	865

Headon collision	866

Driving into smoke	867

Liability for creating steam cloud in highway	868

Rear wheels of automobile sliding in ruts	869

Colliding with parked automobile	870

Automobile stopped at roadside	871

Unlighted car standing in Highway at night	872

Colliding with rear of unlighted truck at night	873

Colliding with car from opposite direction while passing vehicle	874

Front car stopping or slackening speed without warning	875

Evidence as to custom of drivers to signal intention to stop	876

Driving close behind another	877

Turning without a signal	878

Cyclist crossing in front of automobile at intersection	883

SameAutomobile having right of way 969 Cyclist struck from rear after turning into street 970 Automobile on wrong side at intersection where vie...	884

Cyclist turning into path of automobile	885

Backing out of driveway	886

Backing automobile causing other car to go over embankment	887

Backing automobile causing motorcycle to collide with another machine	888

Owner injured while attempting to protect his	889

Racing in highway	890

Motorcyclist looking down at engine	891

Leaving opera house on signal from vehicle officer	892

Generally	893

Statutory provisions	894

Failure of front car to give room	895

Turning too short after passing	896

Collision causing driver of passed car to lose controlInjury to third	897

person 898 Passing on right as forward car turns in same direction	898

899 Automobile standing on left side of road struck by another headed in same direction	899

Generally	900

Cutting corner	909

Turning without warning	910

Plaintiff driving on wrong side of street	911

Swerving to left of street	912

Turning to left at intersection to avoid a collision	913

View obscured by other vehicles	914

Skidding on wet street at crossing where view obscured	915

Failure to slacken speed or signal at intersection	916

Failure to see automobile in view	917

Unlighted truck colliding with automobile stopped near corner	918

Reducing speed at intersection then starting faster	919

Excessive speed	920

Truck moving at excessive speed without signalling	921

Acting in emergency	922

Last clear chance	923

Defective bridge approach	924

Unlighted bridge entrance 1031 Defective bridge railing	925

Defective culvertContractor removing planks 1033 Crossing bridges with great weight	926

Crossing bridge at high speed 1035 Material in street	927

Snowdrift left by highway officers in breaking snowbound road	928

Gravel pit outside macadamized portion of roads 1038 Loose gravel adjoining macadam roadbed 1039 Depression causing automobile to strike a p...	929

Depression in street	930

Excavation improperly refilled 1042 Slight depression 1043 Losing control of truck and colliding with pile of paving stones	931

Colliding with and exploding can of gasoline used by workmen 1045 Driving over stump	932

Manhole extending above surface of street	933

Stone in highway 1048 Stones in highway as nuisance	934

Absence of barriers or guard rails	935

Absence of barriers and signs at curve where at night street appears to continue straight	938

Declivity outside of highway	939

Culvert without railingsMotorist approaching in cloud of dust	940

Striking stone going over unguarded embankment 1054 Breaking through guard rail	941

Defective gear causing machine to break through guard fence	943

Stopping wagon across road	944

Wagon stopped in road just past turn at night	945

Wagon stopped at side of country road at night	946

Wagons stopped near center of road at night	947

Wagon stopped at left side of city street at night	948

Wagon without light in violation of statute	949

At intersection of highways	950

Automobile exceeding speed limit on wrong side at street intersection	951

Automobile turning corner close to left curb	952

Wagon backed against parked automobile	953

Automobile backing without warning	954

Automobile backing into collision with horse	955

Colliding with iron beams protruding from wagon stopped on street crossing	956

Bars protruding from truck striking passing automobile when turning	957

Motorist attempting to pass between vehicles	958

Motor truck suddenly increasing speed	959

Driving heavily loaded dray onto slippery downgrade	960

Evidence of plaintiffs state of mind at time of collision	961

Application of res ipsa loquitur	962

Generally BICYCLES	963

Automobile overtaking and colliding with cyclist	964

SameAs cyclist in act of turning	965

Rental value of carNo machine hired to replace it 1079 Average daily net earnings 1080 Wages paid chauffeur while automobile being repaired	966

Cost of storage and towage 1082 Loss of profits	967

Old parts replaced with new of better quality 1084 Failure of agent to return old part to manufacturer who replaced it with new part	968

Depreciation in value on account of accident	969

Effect of insurance carried by either plaintiff or defendant 1087 Effect of selling agent having given purchaser benefit of commission	970

Liability for damage done by stopping engine of car belonging to another 1089 EvidenceWho may testify	971

SameRepair bills	974

Liability of infant for damaging borrowed machine	975

CHAPTER XXIII	976

Opportunity of witness to observe	982

Estimated from noise of automobile	984

As determined by exhaust of engine	985

Opinion based on marks made by wheels in stopping	986

Distance traveled by automobile after accident	987

Skidding of automobile after application of brakes 1104 General description of speed	988

Comparative speed	990

Rate of speed such as to attract attention	991

Rate of speed on other occasions or at other places	992

Effects of collision	993

Striking horse tied to hitching postRes ipsa loquitur	994

Colliding with one of a herd of cattle	995

Colt at large in highway	996

Animals unlawfully at large in the highway	997

Mule being ridden in a highway backing into collision with passing automobile	998

Horseback rider	999

Runaway horse colliding with automobile	1000

Duty of municipality as to its streets or highways	1001

SameFor use by automobiles	1002

Duty to light streets	1003

Defective street or street out of repair	1004

Injuries on highway pending reconstruction or repair	1005

Traffic lamp post at center of intersection	1006

1007 Highways beyond corporate limits	1007

Defect outside prepared or traveled portion of highway	1008

CHAPTER XXV	1009

Employee procuring another to drive	1011

Same Salesman on commission	1013

Liability of owner for acts of his servant generally	1014

Employee using automobile after working hours	1068

Chauffeur taking family on pleasure trip on Sunday 1186 Chauffeur going in automobile for own laundry	1069

Chauffeur using automobile to go to his meals	1070

Chauffeur returning to own home to wait for time to call for employer 1189 Chauffeur taking friends for a ride	1072

Same	1094

Opposing party not entitled to preliminary examination as to qualifica tions of witness	1095

Witness intoxicated at time of accident	1096

Opinion as to speed not formed until after the accident	1097

DEALER FURNISHING CHAUFFEUR TO DEMONSTRATE CAR OR TO INSTRUCT PURCHASER 1233 Furnishing chauffeur to instruct purchas...	1119

Taking car through congested part of city for purchaser 1235 Accommodation to purchaser	1121

Demonstrating automobile	1122

Returning from making demonstration 1238 Demonstrator permitting prospective purchaser to crank car 1239 Operated by employee of prospectiv...	1123

Employee of purchaser injured by instructor of seller	1124

Sellers employee permitting employee of prospective purchaser to drive car 1243 Owner driving car while mechanic listens to engine BORROWER ...	1125

Same Statutory liability 1246 Chauffeur or other employee as borrower	1127

SameIllustrative cases	1128

Car borrowed by committeeman to transport political speaker	1129

Family car borrowed by campaign committee driven by owners daughter 1250 Liability of borrower 1251 Contributory negligence of bailee not i...	1130

MISCELLANEOUS 1252 Mechanic employed to repair automobile	1131

Car in custody of repairman for repairs	1132

Repairman driving owners car to repair shop 1255 Garageman demonstrating car left by owner for purpose of sale 1256 Employee getting automo...	1133

Delivery boy customarily driving truck 1258 Car driven by conditional buyer title being in seller 1259 Friend of chauffeur driving car to police stat...	1134

The relation of master and servant	1136

When relation of master and servant exists	1137

Statutory liability when automobile operated with consent of owner	1140

Liability of joint owners	1141

When owner is not liable for injury caused by his automobile	1142

SameIllustrations	1143

Intrusting automobile to incompetent person	1144

Intrusting automobile to one of prohibited	1145

Liability of owner on theory of dangerous instrumentality	1146

SameOwner permitting car out of repair to be used	1147

Liability for goods of third person stolen from automobile	1148

Liability of municipal corporation for negligent operation of automobile	1149

Liability of city permitting automobiles to be parked in violation of ordinance	1150

Liability of city for acts of one whom its chauffeur permits to drive	1151

Liability for acts of driver of fire apparatus	1152

Liability of partnership when car operated by one of partners	1153

Automobile subject to lien for damages	1154

What the plaintiff must prove	1155

Question for jury	1156

Proof of ownership	1157

SameCar registered in defendants name	1158

Plea of general issue admits ownership	1159

Proof of control of automobile	1160

CHAUFFEUR 1161 Evidence of relationship generally	1161

Scope of employment	1162

SameIllustrative cases	1163

Isolated act for employer outside regular employment	1164

Ratification of chauffeurs acts	1165

Mistake of owner as to competency of chauffeur	1166

Presumption from chauffeur operating employers automobile	1167

SameContra	1168

Office and effect of this presumption	1169

SamePrima facie case held for jury	1170

Inference from owner riding in car driven by another	1171

Proof of ownership as showing driver was acting for owner	1172

SameContra	1173

Name on automobile as proof of agency of driver	1174

Name of owner on automobile and drivers	1175

Automobile bearing registration number issued for use only in defend ants business	1176

Liability insurance carried on car by defendant	1177

Use by permission of owner as proof of agency of driver	1178

Inference from chauffeur purchasing supplies and repairs in owners name	1179

Chauffeur using car for own pleasure or business	1180

1181 SameIllustrative cases	1181

Automobile used by chauffeur in lieu of compensation	1182

Using automobile in violation of instructions	1183

Owners brother driving car in which mother is riding 1338 Owners chauffeur driving soninlaw 1339 Chauffeur driving for guests at direction of m...	1185

Owner in EuropeDaughter using car in general control of chauffeur 1341 Member of family permitting another to drive	1186

Automobile used by guests	1187

Owner permitting guest to drive	1188

Liability of guests riding with owner 1345 Guest operating car for partners 1346 Owner being driven by husbands employee	1189

Employee using automobile to take friend to theater	1190

Chauffeur using car for own convenience in employers business	1191

Using employers automobile to reach work earlier	1192

Chauffeur on trip to secure parents consent to drive car for owner	1193

Helper on truck driving contrary to orders	1194

Employee practicing driving in evenings	1195

Driving own automobile	1196

Deviation from route or instructions	1197

SameCases holding the owner not liable	1198

SameCases holding the owner liable	1199

SameAccident occurring before deviation commenced	1200

SameReturning after deviation	1201

Returning for owner after using car for own purpose	1202

Following proper route in improper manner	1203

Act to gratify personal malice	1204

Protecting employers family from insult or assault	1205

Chauffeur with general control of automobile	1206

Authority to look the car over	1207

Chauffeur testing	1208

Chauffeur testing car on pleasure trip of	1209

Chauffeur going for supplies or repairs	1210

Hired automobile and chauffeur going beyond trip employed	1211

Prohibition of conduct or maintenance of garage does not prevent erec tion 1383 Prohibiting gasoline in building used for garage as amounting to e...	1212

Chauffeur driving landowners car carrying client of real estate agent to look at land	1213

Injury to person riding with chauffeur	1214

Duty to trespasser	1215

Chauffeur permitting children to climb on automobile	1216

Truck as attractive nuisance	1217

Defendant and chauffeur riding in car registered in defendants name	1218

Chauffeur carrying passengers contrary to orders	1219

Chauffeur of automobile for hire taking young lady home without charge	1220

Chauffeur operating automobile for hire on commission	1221

Owner renting automobiles to chauffeurs	1222

Failure of owner to deny authority of chauffeur	1223

Chauffeur permitting another to operate automobile	1224

Chauffeur temporarily in service of another	1225

Driver and machine hired to another	1226

SameCases in which owner held liable	1227

Hirer furnishing driver	1228

Undertaker hiring machines from another	1229

Letting car under agreement that owner shall be liable for drivers acts	1230

Employee of repairman making trip for owner while testing truck	1231

Duty and liability when automobile is stolen from garage	1235

Storing car in place other than that contracted	1236

Liability for injuries to persons in garage on business	1258

Liability to employee slipping on oily floor	1259

One volunteering to take car to garage when owner arrested	1260

Car owned by corporation and driven by or for its president	1261

Car owned by corporation used by its officers	1262

Car owned by president of corporation and operated by chauffeur em ployed by corporation	1263

Car owned by corporation and driven by its manager	1264

Manager of automobile company testing car for customer	1265

Car owned by officer of corporation driven by another officer	1266

Superintendent using employers car to drive home	1267

When lien attaches 1458 Lien on automobile repaired for lessee	1268

Statutory lien as good against innocent purchaserConditional seller 1460 For what lien attaches	1269

Lien as dependent upon possession	1271

Special agreement may waive lien 1463 Time for filing lienDelivery of car 1464 Assignability of lien	1273

Lien for repairs to several cars under one contract 1466 Superiority of lien over lien of mortgagee or conditional seller	1274

SameUnrecorded chattel mortgage or conditional sale agreement	1279

Automobile kept for use and pleasure of family	1280

SameContra	1281

SameDenying use to certain member of family	1282

Furnishing car for use of sons in attending school	1283

Using car with consent of parentCases holding parent liable	1284

SameCases holding parent not liable	1285

Implied authority of parent	1286

Using car without consent of parent	1287

Using car in violation of orders of parents	1288

Using car for a family purpose	1289

Soninlaw using family	1290

Daughter lending family car to stranger	1291

Third person driving family car at request of wife of owner	1292

Daughter being taught to drive	1293

Son learning to operate car under instructions of selling agent	1294

Presumption from son driving fathers	1295

Intrusting automobile to incompetent child	1296

Son known to be reckless	1297

Permitting minor to operate car in violation of statute	1298

Owner accompanying wife or minor child	1299

Automobile used partly for purpose of child and partly for purpose of parent	1300

Car kept partly for benefit of sons health	1301

Adult child	1302

Adult son using car for own purpose	1303

Owner riding with adult	1304

Adult son taking fellow employees for ride	1305

Son driving car containing wife of owner	1306

Son driving car containing owners wife and daughter and guests	1307

Son taking servant home who had assisted at daughters luncheon	1308

Son driving car to take young lady home	1309

Son general chauffeur of father	1310

Car borrowed by son and operated by third person	1311

Son leaving car unlighted in street according to custom	1312

Daughter using car owned by father and mother	1313

Automobile operated by chauffeur under orders of daughter	1314

Minor son driving	1315

Well made of good material 1540 Guaranty to run certain number of miles 1541 Warranty made after sale 1542 Limited warranty 1543 Automo...	1324

Warranted to give satisfaction in particular business	1326

Guaranty that automobile will give good service 1546 Authority of agent to warrant	1327

Owner moving spark lever causing engine to back fire when cranked	1350

Employer leaving truck in gear	1351

Engine backfiring injuring inexperienced employee	1352

Demonstrator injured by defective steering gear	1353

Defective automobile	1354

Defective brakes	1355

Brake failing to hold	1356

Automobile starting due to defective brakes	1357

Starting lever flying back	1358

Wrench slipping off of	1359

Band flying off of wheel	1360

Using automobile contrary to orders	1361

Proof of market value of automobile by experts 1584 Right of purchaser to recover rebate offered by company provided certain number of cars wer...	1362

Automobile exempt to head of family	1363

CHAPTER XXXII	1365

Exclusive agency contract not in restraint of trade or competition 1592 Fixing resale price not contrary to public policy	1369

Agency for automobiles as including taxicabs 1594 Mutuality of agency contract	1370

Indefiniteness of contract as to description of automobiles	1371

SameWhere seller has a limited supply of cars	1383

Measure of damages for breach of agency contract by the manufacturer	1384

SameLoss of profits	1387

Same Sale by manufacturer in agents territory	1388

Liability of manufacturer for fraud of agent	1389

CHAPTER XXXIII	1390

Storing of explosives as constituting a nuisance	1393

SameGasoline	1394

SameOil	1395

Filling station as nuisanceInjunction	1396

Maintenance of filling station in violation of ordinance enjoined when	1397

CHAPTER XXXIV	1398

Power of municipalities to operate bus line 1636 Automobiles operated in interstate commerce 1637 Control of by Public Utilities Commission	1405

Automobiles for hire as forming class for regulation	1406

License to operate for hire is mere privilegeRevocation	1408

Regulation of public hacks and hack stands	1409

SameDiscretion in officer as to whom permits shall be given	1411

Grant of exclusive stand rights by railroad	1412

Parking cars on	1414

Redelivery of automobiles	1415

Automobile damaged lost or stolen while in possession of garageman Presumption	1416

Liability for freezing of	1417

Conversion by garagemanCar stolen from garage	1418

Duty and liability as to other property left in his care by customer	1419

Liability of garageman giving free inspection service to purchaser of	1420

Termination of the bailment	1421

Right of action in garageman for damage to car by third person	1422

Liability for wrongfully withholding possession of automobile	1423

Presumption as to employee acting in scope of employment	1424

Authority of night man to contract for storage	1425

Employee taking stored car without permission	1426

Duty to employ trustworthy employees	1427

Chauffeur of garage calling for or delivering owners	1428

Chauffeur furnished by garageman to drive owners	1429

Garage employee as servant of owner of car left to be repaired	1430

Employee in vulcanizing department voluntarily calling for car to be stored	1431

Employee driving passenger without authority	1432

Duty of garage keeper in letting vehicles	1433

Liability of private carrier for loss of articles	1434

Letting automobile to one unfamiliar with that kind	1435

Car let by night watchman having no authority	1436

Duty of garage keeper in hiring chauffeurs	1437

Care required of hirer of automobile	1438

Hirer going beyond trip or putting car to different use than car	1439

Failure of insured to give notice to insurer as affecting rights of injured person	1463

Is public conveyance within accident insurance policy	1464

Taxicab is public utility 1709 Taxicab company is common carrier	1465

Regulation and licensing	1467

Requiring liability bond or security from owner 1712 Duty of passenger to warn or instruct driver	1468

Duty to protect passengers from injury by employees	1469

SameOutside regular working hours 1715 When relation of carrier and passenger terminates	1470

Effect of refusal of passenger to pay fare	1471

CHAPTER XXXV	1472

Applicability of speed regulations to peace officer 1731 Generally	1484

Criminal intent MANSLAUGHTER 1733 Negligence must be proximate cause of death	1488

SameUnable to secure number plate	1496

Failure to display rate card	1498

Offer of seller to perform after refusal to perform	1520

Rights and remedies of conditional seller and buyer	1521

SameUnrecorded sale agreement	1522

Retaking car by seller	1523

SameRight to tires and other replacements	1524

Conditional buyer may recover for damages to	1525

Fraudulent procurement of cancellation of order for automobile	1526

SameMeasure of damages	1527

Defense of failure or want of consideration	1528

Failure of seller to keep full line of supplies as represented	1529

Express warranty	1530

SameIllustrative cases	1531

Newspaper advertisement as warranty	1532

Purchasers knowledge of defect	1533

Reduction of liability by amount of loss or damage	1534

Duty and liability of company to insured	1535

Company held to utmost good faith 1809 Cost of bond to release attachment not covered	1536

Duty of company as to and upon taking appeal 1811 Effect of neglect of company to appeal from judgment against insured	1537

Reformation of policy	1538

Conversion of car by insurer 1814 Effect of company repudiating obligation under policy	1539

Effect of company assuming defense of suit or settlement of claim	1542

Liability of company for depreciation in value of damaged automobile after being repaired	1544

Insolvency of insured 1818 Suit does not include criminal prosecution	1545

Liability of agent for misrepresentations made on authority of manu facturer	1547

Liability credit sales company or financier for misrepresentations of com pany selling car through	1548

Evidence of failure of tractor to develop rated horse power	1549

Caveat emptor	1550

Implied warranty	1551

SameAs to second hand cars	1552

Warranty when sold for particular	1553

Automobile not reasonably fit for particular purpose as amounting to nonperformance of contract	1554

Automobile made to order	1555

Implied warranty excluded by express warranty when	1556

SameAutomobile sold for particular purpose	1557

Bank through which sale effected as cowarrantor	1558

Waiver of breach of warranty	1559

Effect of written warranty or contract of sale	1560

Fraud may always be proved by parol	1561

FraudWhat amounts to and its effect	1562

SameInstructions	1563

Remedy of one fraudulently induced to purchase automobile	1564

Remedy of one fraudulently induced to exchange automobile for mortgage	1565

Measure of damages for fraudulent procurement of exchange of auto mobile for land	1566

Live load capacity	1567

Remedy for breach of warranty	1568

SamePaying slight draft before opportunity to inspect automobile	1569

Remedy for breach when sale depends on conditions precedent	1570

Return of automobile for breach of warranty	1571

Sufficiency of tender of automobile	1572

Rescission of contract must be in reasonable time	1573

SameIllustrative cases	1574

Parties defendant in breach of warranty action	1575

Notice of rejection required after first useDemonstration as use	1576

Buyer exercising ownership over car as affecting right to rescind first	1577

Right to rescind for structural defect which seller guaranteed to repair	1578

Measure of damages for breach of warranty	1579

let	1580

Used for carrying passengers 1861 Commercial deliveries	1581

Change of ownership interest title or possessionWaiver	1582

Insurable interest title	1583

Sole and unconditional ownership	1585

SameWaiver	1587

1866 Breach of warranty against incumbrance	1588

Rights of mortgagor and mortgagee and conditional buyer and seller	1591

Warranty that car fully paid for 1869 Policy as covering unlawful use of automobile	1592

Automobile driven in violation of law as to age of driver	1594

Ratification of agents acts	1596

1597 Proof of employees authority to make agency contract for company	1597

Best energies of agent	1598

Discharge of salesman for misconduct	1599

Current catalogs	1600

Waiver of terms of agency contract	1601

Waiver by agent of right to cancel contract for breach	1602

Threatened cancellation by manufacturerDuty of agent	1603

Mutual abandonment or rescission of contract	1604

Notice essential to cancellation	1605

Recovery of deposit upon cancellation or breach of contract	1606

Forfeiture of deposit for breach of contract after termination of contract	1607

1608 Effect of cancellation on right to discount at end of year	1608

Right of manufacturer to cancel contract requiring satisfactory perform	1609

ance 1610 Right to set off one breach against another	1610

Accepting agency for other cars as breach of contract of agency	1611

Right to abandon contract of agency gives right to cancel order	1612

Dissolution of partnership acting as agent	1613

Ordering automobiles	1614

Refusal to deliver cars after acceptance of order under contract limiting liability	1615

Stipulation that manufacturer need not honor order for cars	1616

Agents commission	1617

SameCar sold by manufacturer outside of agents territory to resident thereof	1618

SameSalesman in one department securing buyer for automobile in a different department	1619

Breach of contract by agent to purchase automobiles	1620

Waiver of right to appraisement by admission of value 1910 Remedy upon failure of company to pay award 1911 Company not liable to statutory ...	1622

Pleading	1623

Amount of recovery 1914 Burden of proof on plaintiff to show value FIRE INSURANCE	1624

As applying after car stolen 1916 Admission of liabilityWhat amounts	1625

Statute voiding provision as to nonliability 1918 Partner setting fire to automobile	1626

Fire originating within the vehicle 1920 Violation of covenant to carry extinguisher	1627

Gasoline in premises 1922 Identification of burned car by extrinsic evidence 1923 Definitions THEFT ROBBERY PILFERAGE	1628

Elements of theft	1629

Steal stealing	1630

Conversion 1927 Trick deceit device swindle	1632

Repairman using owners car for own purpose	1634

1933 Care required as to locking automobile 1934 Exemption of robes and coats 1935 What conditional seller entitled to recover for 1936 Equip...	1639

Tourist baggage policyTheft of pin from person of insured	1640

Diminution in value caused by thief	1641

Destruction of car by thief 1940 Notice of theftWaiver	1642

Effect of recovery of automobile	1643

Proof of theftSufficiency of evidence	1644

Collision with object	1647

Obstructing streets	1648

Excluding from private property	1649

Rights of owner of property abutting hack stand	1650

Municipality through which automobile is operated may require license	1651

Public automobile as common carrier	1652

Motorist transporting others to and from work for hire not common carrier	1653

Duty to carry according to contract	1654

Obligations in carrying baggage	1655

Public service motor vehicle	1656

Liability of sightseeing automobile operator to passengers	1657

Injury to passenger by skidding automobile	1658

Failure to stop after blowout	1659

Object falling on automobile	1660

Injury to passenger by bus backing down hill	1661

Passenger riding with one leg outside	1662

Injury to passengers arm protruding through window	1663

Chauffeur is servant of the owner	1664

Carriers for hireUndertaker included	1665

Jitney defined	1666

Jitney is common carrier	1667

Duty of operator to passengersDegree of care	1668

Injury to passengerPrima facie case	1669

Regulation generally	1670

SameJitneys operating under license previously issued	1671

Power of municipal corporations to regulate	1672

Turning abruptly after signaling 880 Front car turning into intersecting way 881 Requirement to look to rear before turningOccupant looking	1673

Jitneys as forming a class for legislation	1674

SameAs distinct from other vehicles operated for hire	1675

Operating in violation of lawAll persons assisting are guilty	1676

Right to enjoin operation of jitney	1677

Requiring operators to carry firemen and policemen free	1678

1679 Requiring operator to state in application for license that he is owner of jitney	1679

Excluding jitneys from certain zones	1680

Forbidding taking on or letting off passengers near street railway	1681

Requiring certificate from public utility commission and a license	1682

Jitney operated through town without license	1683

License graduated according to capacity of vehicle	1684

Prohibitive tax for operating on certain streets	1685

License or occupation fee not a	1686

License tax of five per cent of income	1687

Narrow grade approaching culvertNo guard rails 1057 Automobile skidding on slick road 1058 Missing bridge at night and driving over embankm...	1688

Bond covering more than one municipality	1689

Who may recover against bond	1690

Effect of change of motor in jitney covered by insurance	1691

Priority of claims against bond	1692

Prorating amount of bond among several judgments arising out of same accidentLaches	1693

Successive recoveries against same bond	1694

Liability of surety directly to injured person	1695

Filing bond for more than required amountLiability of sureties	1696

Liability of surety when bond issued for person other than owner and operator on misrepresentations	1697

Liability of surety when jitney operated by person other than owner on commission basis	1698

Liability of surety when jitney rented by owner to another	1699

Husband and wife principals on bond when jitney owned by wife	1700

Liability of surety when jitney operated by person to whom attempted illegally to sell	1701

Territorial extent of liability under bond owner	1702

Steering gear breaking 1735 Negligence must be gross or wanton in some states 1736 Culpable negligence 1737 Intoxication as evidence of negli...	1724

Must observe statutory requirements	1727

Control of automobile	1733

Chauffeur doing work for another employee	1737

Salesman using car for private purpose 1269 Car kept for salesman operated by bookkeeper 1270 Employee taking car to demonstrate 1271 Empl...	1741

Failure to exhibit tag to officer 1750 Operating automobile while intoxicated 1751 Driving while intoxicated as public nuisance	1751

Using dealers number for private purpose	1752

Displaying borrowed license	1753

Assault and battery	1754

Assault with deadly weapon	1755

Assault to do great bodily harm	1756

Assault with intent to murder	1757

Murder	1758

Breach of peaceTumultuous and offensive carriage	1759

Malicious mischief	1760

Reckless driving	1761

Carrying revolver about the personCarried behind seat cushion	1762

Forcing another into dangerous place	1763

Taking automobile without consent of owner	1764

SameAiding another to take	1765

Same As larceny	1766

Operating automobile without consent of owner	1767

Possession of automobile with number altered or removed	1768

Wrongfully operating car on highwayInstruction	1769

Driving so that lives or safety of public might be endangered	1770

Failure to stop on signal by occupant of horsedrawn vehicle	1771

Failure to signal on approaching vehicle	1772

Passing vehicle on wrong side	1773

Driving within prohibited distance of street	1774

Leaving place of accident without giving name	1775

SameSufficiency of evidence to convict	1776

Larceny of automobile formerly only misdemeanor in Texas	1777

Forbidding operation of automobiles having taximetersViolation	1778

Violating speed regulationSpeed greater than is reasonable	1779

SameWhere statutory signs are not erected	1780

Passing other vehicles at forbidden rate of speed	1781

Rate of speed as evidence of negligence	1782

Criminal negligence	1783

Gross negligence and recklessness	1784

Owner guilty of violation of law while riding with chauffeur	1785

SameOwner unaware of violation	1786

Requirement that turn be made close to curb	1787

Failure to drive as close as possible to right curb	1788

As near the righthand curb as possible 296 As close as practicable to the right curb	1789

Violation of Sunday law in holding motorcycle races	1790

Reward for evidence of violations of speed	1791

Autorská práva

Běžně se vyskytující výrazy a sousloví

accident apply approaching auto automo avoid bile chauffeur Chicago collision Conn contributory negligence court crossing curb danger defendant defendant's automobile distance driver duty evidence ex rel exercise fact feet front guilty of contributory held horse imposed intersection jury last clear chance license fee lights look and listen machine Mass matter of law miles an hour Minn Missouri mobile motor vehicle motorist motorman municipal N. Y. Supp negligence per se negligent as matter obstructed operator ordinance ordinary Oreg owner pass passenger pedestrian person plaintiff providing public highways question railroad rate of speed rear reasonable registration regulation res ipsa loquitur riding road rule running safety side sidewalk signal statute stop street car track struck taxicab testified tion train traveling turned violation wagon warning Wash

Oblíbené pasáže

Strana 166 - at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of such highway, or so as to endanger the life or limb of any person or the safety of any property,‎

Objevuje se u 380 knih od 1777-2004.

Strana 166 - at a greater rate of speed than is reasonable, having regard to the traffic and use of the highway, or so as to endanger the life and limb of any person, or the safety of any property, and shall not in any event, while upon any public highway,‎

Objevuje se u 133 knih od 1777-2004.

Strana 28 - regulation and domestic order of the kingdom, whereby the individuals of the state, like members of a well-governed family, are bound to conform their general behavior to the rules of propriety, good neighborhood and good manners, and to be decent, industrious and inoffensive in their respective stations.‎

Objevuje se u 135 knih od 1791-2006.

Strana 586 - motor vehicle on. any public highway at a speed greater than is reasonable and proper, having regard to the traffic and the use of the way, or so as to endanger the life or limb or injure the property of any person, and‎

Objevuje se u 152 knih od 1872-2004.

Strana 36 - No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway or‎

Objevuje se u 289 knih od 1777-2004.

Strana 37 - so as to endanger the life or limb of any person, or in any event in the close built up portions of a city, town, or village, at a greater rate than one mile in six minutes, or elsewhere in a city,‎

Objevuje se u 138 knih od 1826-1999.

Strana 42 - the constitution, means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or other classes in the same place and in like circumstances.*‎

Objevuje se u 185 knih od 1798-2003.

Strana 56 - person who shall unlawfully take, drive or operate a motor vehicle without the knowledge and consent of the owner shall be guilty of the offense of grand larceny, and upon conviction shall be punished by confinement in the penitentiary for a period of not less than two nor more‎

Objevuje se u 73 knih od 1837-1999.

Strana 127 - household effects of persons or families from foreign countries, * * * if actually used abroad by them not less than one year, and not intended for any other person or persons, nor for sale,‎

Objevuje se u 168 knih od 1856-2002.

Strana 53 - license number to the injured party, or to a police officer, or in case no police officer is in the vicinity of the place of said injury or accident, then reporting the same to the nearest police station, or judicial officer, shall be guilty of a felony punishable by a fine of not more than $500 or by imprisonment for‎

Objevuje se u 71 knih od 1820-1996.

Bibliografické údaje

Název	The Law of Automobiles
Autor	Claude Perrin Berry
Vydání	4
Vydavatel	Callaghan, 1924
Délka	Počet stran: 1793

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