115. Pleadings; Allegations Respecting Knowledge 116. Instructions to Jury 117. Functions of Court and Jury 118. Damages Recoverable EVIDENCE 119. In General 120. Other Accidents or Absence Thereof 121. Subsequent Changes or Repairs 122. Opinions of Experts and Others 123. Inference from Fact of Injury; Res Ipsa Loquitur 124. Cases to Which Doctrine Res Ipsa Loquitur Applies 125. Burden of Proof in General 126. Burden as to Contributory Negligence, "Assumption of Risk" IX. Defenses; Contributory Negligence GENERALLY 127. Improper Attention to Injury 128. Violation of Statute at Time of Injury CONTRIBUTORY NEGLIGENCE IN GENERAL 129. Meaning of "Contributory Negligence" 130. Fault of Employee as Defense to Violation of Statute KNOWLEDGE OR NOTICE OF DANGER GENERALLY 135. Knowledge as Ground for Denying Recovery 136. Economic Soundness of Principle; Statutory Changes 137. Activity to Discover Danger; Inspection 138. Reliance on Employer to Exercise Care 139. Age, Experience and Understanding of Employee 140. What Constitutes Knowledge; Forgetfulness 141. Knowledge of Defect Distinguished from Appreciation of Peril COMPLAINT TO EMPLOYER AND PROMISE TO REMOVE DANGER 142. Efficacy of Promise to Fix Liability of Employer 143. Economic Foundation of Doctrine 144. Sufficiency of Promise-Reliance Thereon 145. Period during Which Promise Is Effective 146. Dangers Which May Be Subject of Promise EMERGENCIES 147. Sudden Peril or Emergency as Excuse for Conduct 148. Saving of Life or Property COMMANDS AND ASSURANCES OF SAFETY 149. Compliance with Direction of Employer Generally 150. Assurance that No Danger Exists 151. Dangers Fully Comprehended by Employee DISREGARD OF RULES, ORDERS, WARNINGS 152. Effect of Disregard or Disobedience Generally PROXIMATE CAUSE OF INJURY 156. Liability as Depending on Proximate Cause 157. Supervening Negligence of Employer INSTRUMENTALITIES CAUSING INJURIES 158. Generally 159. Mines; Quarries 160. Railroads in General 161. Appreciation of Peril; Commands; Emergencies 162. Reliance on Railroad Company to Exercise Care 163. Disobedience of Rules of Company X. Assumption of Risk GENERALLY 164. Origin, Import, and Foundation of Doctrine 165. Relation to Negligence and Contributory Negligence 166. Pleading; Burden of Proof; Functions of Court and Jury 167. Risks "Assumed; " "Ordinary" Perils of Employment 168. Employer's Negligence as Included among Risks "Assumed" 169. Violations of Statutes as Risks "Assumed" 170. Violation of Law Forbidding Employment of Children 171. Statutes Affecting Doctrine KNOWLEDGE OR NOTICE OF DANGER GENERALLY 172. Knowledge as Ground for Denying Recovery 173. Comparative Knowledge of Employer and Employee 174. Pleading and Proof of Knowledge on Part of Employee 175. Activity of Employee to Discover Danger-Inspection 176. Reliance on Employer to Perform His Duties 177. Age, Experience and Understanding of Employee 178. What Constitutes Knowledge; Forgetfulness 179. Knowledge of Defect Distinguished from Appreciation of Peril COMPLAINT TO EMPLOYER AND PROMISE TO REMOVE DANGER 180. Efficacy of Promise to Fix Liability of Employer 181. Foundation of Theory Placing Liability on Employer 182. Sufficiency of Promise; Reliance Thereon 183. Period during Which Promise Is Effective 184. Dangers Which May Be Subject of Promise COMMANDS AND ASSURANCES OF SAFETY 185. Compliance with Direction of Employer Generally 186. Assurance that No Danger Exists 187. Dangers Fully Comprehended by Employee 188. Generally INSTRUMENTALITIES CAUSING INJURIES 189. Mines; Quarries 190. Railroads in General 191. Appreciation of Peril; Commands; Emergencies 192. Reliance on Railroad Company to Perform Duties XI. Fellow Servant Doctrine GENERALLY 193. Import of Doctrine in General 194. Origin and Foundation of Doctrine 195. Applicability to Modern Conditions 196. Contributory Fault of Employer or Stranger 197. Pleading and Proof; Functions of Court and Jury COMPETENCY OF COEMPLOYEES 198. Basis of Employer's Liability; Knowledge of Incompetency 199. Activity to Discover Incompetency; Inquiry; Investigation 200. Removal of Incompetents; Warning of Incompetency to Others 201. Knowledge of Incompetency by Injured Employee 202. Reliance on Employer to Provide Competent Coemployees 203. Complaint to Employer and Promise to Remove Incompetent 204. What Constitutes Incompetency; Relation to Negligence 205. Proof of Incompetency and Knowledge; Reputation; Specific Acts NONDELEGABLE DUTIES OF EMPLOYER 206. Import of Rule in General 207. Warning, Instruction, Orders, Signals 208. Promulgation of Rules and Regulations 209. Safety of Place of Working 210. Safety of Tools, Machinery and Appliances 211. Number and Competency of Coemployees 212. Inspection of Instrumentalities 213. Statutory Requirements SUPERIOR SERVANT RULE 214. Liability of Employer for Acts of Superior Employees 215. Foundation of Liability; Knowledge of Danger 216. Obedience of Orders of Superior; Scope of Authority 217. Character of Act as Determinative of Liability 218. Power of Control or Superintendence as Factor 219. Control of Branch or Department of Business 220. Foremen or Bosses and Laborers; Captains and Crews IDENTITY OF EMPLOYER AND PURPOSE-CONSOCIATION IN WORK 223. Service for Same Employer and Purpose as Test of Liability 224. Consociation in Employment as Criterion of Fellow Service 225. Employees in Different Departments of Same General Service 226. Employees of Different Masters Engaged in Common Work 227. In General 228. Trainmen inter Se RAILROAD EMPLOYEES 229. Trainmen on Different Trains or Cars 230. Trainmen and Other Employees of Company 231. Trainmen and Despatchers, Telegraph Operators, or Signalmen 232. Pullman Car Employees; Postal Clerks 233. Generally STATUTES ABROGATING DOCTRINE 234. Statutes Relating to Railroad Employees 235. Character of Railroad Contemplated by Statutes C. WRONGS TO THIRD PERSONS XII. Employer's Liability for Wrongs of Employee 236. General Rule of Liability GENERALLY 237. Corporation's Liability for Wrongs of Employees 238. Infant's Liability on Ground of Representation 239. Degree of Care Required of Employee 240. Extent of Recovery; Punitive Damages 241. Joinder of Employer and Employee EXISTENCE OF RELATION OF EMPLOYER AND EMPLOYEE 242. Generally 243. Power of Selection and Control; Independent Contractors 244. Performance of Special Service for Other than General Employer 245. Subagents or Assistants Engaged by Employees 246. Special Police Officers Publicly Commissioned FOUNDATIONS OF EMPLOYER'S LIABILITY 247. Generally; Sic Utere Tuo ut Alienum Non Laedas 248. Opportunity Afforded by Position of Employee 249. Dangerous Instrumentalities Placed under Employee's Control 250. Incompetency of Offending Employee; Competency as Defense 251. Performance of Public Service; Carriers; Innkeepers 252. Authorization Express or Implied RELATION OF ACT TO EMPLOYMENT IN RESPECT OF CHARACTER 253. Acts Impliedly Authorized or within Scope of Employment 254. Meaning of "Scope of Employment" 255. Ignorance, Disapproval, Prohibition of Act by Employer 256. Wilful, Malicious or Intentional Wrongs 257. Ratification; Retention of Offender in Employment XIII. Particular Wrongs GENERALLY 258. Negligence, Carelessness, Heedlessness 259. Torts Constituting Crimes 260. Libel and Slander 261. Injuries to Property; Fraud, Theft, Conversion 262. Trespass to Land; Setting Fires · 276. English Act and State Statutes Copied Therefrom 277. State Statutes Affecting Doctrines of Negligence 278. Fellow Servant Doctrine 279. In General FEDERAL STATUTES 280. Purpose and General Effect |