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CONTRACT OF HIRING-Cont'd.

not enforceable against infant, 362, note.

effect on fear of discharge rule, 503 et seq.

as affecting rule that remaining at work with knowledge of
danger is a consent to take the risk, 550, note.

CONTRACT OF SERVICE,

distinguished from contract of hiring, 359, 363, 504.

implied from the relationship, and not from agreement, 4, 361,
600.

based on public policy, 7.

consideration or assent unnecessary, 362.

breach gives action ex delicto, 362.

applies to all who are servants, infants, volunteers, lent serv-
ants, 361.

a phrase used to describe the duties springing from the rela-
tion, 53.

terms of the contract, 6, 370.

assumption of risk as a term of contract, 358, 393, 398, 600.

measures risks assumed, 485.

sending servant out of scope of employment, or imposing new
risks, may abrogate contract, 490, 501.

employers' liability act not a term in contract of service, 28, 42.
see "Assumption of Risk;" "Scope of Employment."

CONTRACTS LIMITING LIABILITY,

right to contract limited, 142.

contracts limiting liability of common carriers for negligence,
invalid, 143.

validity depends upon policy of state, 145, 149.

rules of railroads, 147.

act does not take away right to contract, 148, note.

nature of contract which public policy forbids, 149.

statutes forbidding contracts between master and servant, 149.

Ohio statute held unconstitutional, 150.

whether such statutes affect the doctrine of assumption of risk,
149, 600.

validity of contract depends upon law of place of injury, 133.
contract made by intestate bars administrator's suit, 140.

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CONTRACTUAL ASSUMPTION OF RISK, 358, 393.

see "Assumption of Risk."

CONTRIBUTORY NEGLIGENCE,

plaintiff bound to exercise due care for his own safety, 2, 364.
if plaintiff's own negligence contributes to the injury, whether
the defendant was negligent or not; he cannot recover, 357,
371, 373, 515.

rule in admiralty, 372, note.

plaintiff must avoid consequences of defendant's negligence,
371.

last person who, by reasonable care, could avoid, and did not.
is responsible, 372.

rules of contributory negligence not affected by employers' lia-
bility act, 17, 376, 606.

contributory negligence bars recovery, although statute passed
for plaintiff's benefit has been violated, 248, 597.

sometimes confused with defense of assumption of risk, 358.
distinguished from disabilities imposed upon a servant, 357, 387.
from volenti non fit injuria, 357, 384, 387, note, 477, note,
515.

negligence of children, 376.

of defective persons, 377.

of intoxicated persons, 377.

obeying sudden order not necessarily negligent, 490, note.
obeying order exposing to great danger, 491, 524.

ordered to couple moving cars, 491, note.

boy ordered to handle giant powder, 491, note.
fear of discharge does not affect plaintiff's care, 503.
plaintiff is always bound to exercise care, 515.
miner sitting under shattered roof, 516.

going into mine when explosion expected, 516.

car repairers working without giving notice, 516.
crossing or walking on tracks, 516, 517, note, 518, note.
jumping on or off moving cars, 517, 519, note, 520, note.

using switch to mount car, 519.

riding on cowcatcher or running board, 517, 520, note.

riding on top of car, 517, 530.

sending car into cut without warning, 519, note.

running along platform at night, 517, note.

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CONTRIBUTORY NEGLIGENCE-Cont'd.

high speed on defective track, 519, note.

taking the more dangerous path, 518.

dangerous place to see working of machine, 518, note.
taking defective elevator, 519.

taking own method of blasting, 519.

of cleaning windows, 519.

failing to take light, and falling through hatch, 520.

lack of care in using machinery, 519, note.

saw, 519, note, 520, note.

safety valve, 519, note.
jackscrew, 519, note.
cogs, 519, note, 520, note.

set screws, 520, note.

elevators, 520, note.

elevator well, 520, note.

working under hatch, 520, note.

getting under raised objects, 520, note.

undermined wall, 519, note.

removing supports, 519, note.

failing to prop mine, 520, note.

lifting box, 520, note.

lifting door, 520, note.

going down stairs, 520, note.

ladder, 519, note.

box soaked with oil, 520, note.

match and powder, 520, note.

iron scraper to unload hole, 520, note.

ignorance of machine, 519, note.

noticing working of machine, 520, note.

breaking of machine, 520, note.

cleaning machine, 520, note.

boy playing with machine, 520, note.

putting on belt, 520, note.

steel slivers, 520, note.

moving drum, 519, note.

unlashed wheel, 519, note.

turning on defective light, 520, note.

exposure to sudden danger, 521.

disobedience of rules known to servant, 521 et seq.

coupling cars, 518, 521, note.

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CONTRIBUTORY NEGLIGENCE-Cont'd.

failure to obey, where master has made obedience impracticable.
523.

master or authorized servant may waive rules, 523.

order to work "quick" does not excuse plaintiff from using care,
524.

when master sets plaintiff at engrossing work, he must protect
him, 526.

master must have relieved plaintiff from duty of using his eyes,
527.

track repairer, 526, note.

car repairer, 527, note.

sent to bottom of elevator shaft, 527, note.

failure to designate defective cars, 527, note.

engine failing to warn while plaintiff watching switch, 527.
note.

attention diverted by character of work, 527.

backing under low gate, 527, note.

brakeman striking pile of sleepers, 527, note.

falling in ditch while pushing car, 527, note.

injured by defective step or brake while loosening brakes, 527,
note.

looking at marks on bales, injured by defective floor, 527, note.
equal opportunity of discovering danger, 530.

knowing that other machines had started, 534.

must use care, though master guaranties to take risks, 537, note.
must use care, though assured of safety, 536.

application of rule when risk is assumed by remaining at work,
540 et seq.

negligence to remain at work in face of great danger, 543.

promise to repair does not relieve of necessity of using due
care, 592.

rotten harness on vicious horse, 592, note.

lantern, 592, note.

defective belt, 592, note.

working under overhanging bank, 593, note.

burden of proving contributory negligence, 372, 626.

pleading contributory negligence, 375, note, 392, 642, 644.

burden of proof important when court asked to direct verdict,
375.

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CONTRIBUTORY NEGLIGENCE-Cont'd.

presumption that care was exercised, 374.

conjectural evidence of plaintiff's care, 627.
crossing tracks, 627, note.
fall from car, 627, note.
mounting car, 627, note.

inspecting car, 628, note.

making coupling, 627, note.

struck by bridge, 627, note, 628, note.

train breaking apart, 627, note, 628, note.
sweeping track, 628, note.

fall from ladder, 627, note.
caught on shaft, 627, note.

starch blown on plaintiff, 627, note.

scalded by steam, 627, note.

when rule as to contributory negligence grows out of state
statute, it is binding on federal courts, 626, note.

rule as to contributory negligence, unless fixed by foreign stat-
ute, is determined by law of forum, 51, note.
see "Assumption of Risk;" "Diverted Attention."

CONVICT,

not a servant, 61.

contractual assumption of risks does not apply to him, 477.
note.

does not assume risks merely by remaining at work, 583, note.

CORPORATIONS,

may be masters, 63.

Indiana act applies only tổ, 62, 72.

see "Foreign Corporations;" "Municipal Corporations."

COUPLING CARS,

defects in coupling devices, 231, note, 289, note.

defect not proximate cause, 82.

defective or unsuitable links or pins. 213. note. 214. note, 231,

note, 447, note.

noticing condition of cars, 349, note, 532, note, 533, note.

difference in height of couplings, 442, note.

an incidental danger, 408.

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