Entered according to Act of Congress, in the year eighteen hundred and ninety-three, by THE LAWYERS' CO-OPERATIVE PUBLISHING CO., In the Office of the Librarian of Congress, at Washington, D. C. E. R. ANDREWS, PRINTER, ROCHESTER, N. Y. PREFACE. The duties imposed upon the carrier of passengers, involve questions of negligence alone, while common carriers of things are responsible, under their common law liability, for their loss or injury, without proof of want of care. Negligence of these imposed duties by the carrier of passengers is therefore properly considered as a branch of the law, distinct from that involving the responsibility of common carriers of things. The law of negligence as taught in the books is practically applied in the cases constantly presented in the courts, and abstract rules find illustration, which, as they multiply, solidify into law itself. Whether the result be recognized or not, the law is gradually stamping certain acts or omissions of the carrier as negligent per se, and it is equally emphatic in declaring that the passenger must observe certain precautions to avoid the charge of negligence contributing to any injury he may receive. However worthy of commendation may be the effort of writers of law books to conform the law to their philosophical reasoning, the profession will accept the decisions of the courts only as the final test, and so far as these harmonize, the law is settled. In the following pages, the attempt is made to state, not only the law of passenger carriers, and the principles by which negligence, of imposed duties involving liability, is determined; but, also, what in fact constitutes Negligence of the Imposed Duties of the Passenger Carrier, as decided by the courts, with the reasons on which the decision is grounded. If a question is suggested as to the legal accuracy of the result reached in any case, this is done with full consciousness that the decision stands, despite the criticism, until overruled or questioned in the courts. If the doubt suggested induce judicial review and the true application of legal principle result, the purpose of the writer is fully accomplished. The effort is to add something to the library of the working lawyer which shall lessen his labor and promote his rightful success. CHARLES A. RAY. LAW OFFICES OF DUDLEY, MICHENER & RAY, TABLE OF CONTENTS. RELATION OF CARRIER AND PASSENGER, HOW CREATED. Sec. 1. Who are Public Carriers of Passengers. a. Term not Restricted to Those Contracting. b. Includes Everyone, not an Employé, in the Carrier's Charge. d. An Express Messenger is Entitled to Protection. e. Circumstances Constituting and Suspending Relation of Pas- Sec. 4. Duty of Stage Coach Proprietor. b. Responsibility for Safe Coach, Horses and Driver. c. Liability of Carrier of Goods and of Passenger Compared. Sec. 5. Presumption of Negligence from Injury to Passenger. a. Rebutting Presumption of Neglect of Duty. Sec. 15. Latent Defects-Utmost Skill and Care. Sec. 16. Responsibility for Negligence of Manufacturer. Sec. 17. Reputation of Manufacturer no Defense to Carrier-Tests Required. Sec. 18. Rule as to Adoption of New Improvements for Safety of Passengers. Sec. 19. Inspection of Operative Machinery, Appliances and Track. DANGERS, ACCIDENTS AND PRECAUTIONS. Sec. 20. Carrier must Anticipate Storms and their Consequences. Sec. 21. Is not an Insurer, nor Responsible for Accidents. Sec. 22. What are Properly Called Accidents. Sec. 23. Duty to Investigate to Determine the Cause of Accidents. Sec. 24. Care in Selection of Operative Employé-Human Fallibility. Sec. 25. Instances of Accidents from Human Fallibility. Sec. 26. Theory as to Loss of Power of Observation. Sec. 27. Precautions against Human Fallibility-Automatic Signals-Block Sec. 31. Location of Depots and Stations. Sec. 32. Duty of Carrier to Provide Suitable and Safe Accommodations at Degree of Care over Depots, Stations and Platforms. Sec. 34. Duty of Carrier with Regard to Depots, Stations and Platforms. Sec. 35. Care over Depots, Grounds, Approaches, and Exits. Sec. 36. Removal of Ice and Snow from Station and Car Platforms. Sec. 37. Care over Wharves and Approaches to Vessels. Sec. 38. Liability to Stranger for Defective Station Platform. CONTROL AND CARE OF DEPOTS AND GROUNDS. Sec. 39. Regulations for Admission and Exclusion from Depot Grounds. Sec. 40. Carrier Cannot Exclude Employé of Passenger. See. 41. Exclusion of other Carriers. Sec. 42. Approaches Provided upon the Premises of others. Sec. 43. Who are Entitled to Protection in Use of Waiting Rooms, Plat- |