[REFERENCES ARE TO PAGES.] 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 CONTRACT OF SERVICE, distinguished from contract of hiring, 359, 363, 504. implied from the relationship, and not from agreement, 4, 361, 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- a phrase used to describe the duties springing from the rela- 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 employers' liability act not a term in contract of service, 28, 42. CONTRACTS LIMITING LIABILITY, right to contract limited, 142. contracts limiting liability of common carriers for negligence, 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, validity of contract depends upon law of place of injury, 133. [REFERENCES ARE TO PAGES.] CONTRACTUAL ASSUMPTION OF RISK, 358, 393. see "Assumption of Risk." CONTRIBUTORY NEGLIGENCE, plaintiff bound to exercise due care for his own safety, 2, 364. rule in admiralty, 372, note. plaintiff must avoid consequences of defendant's negligence, last person who, by reasonable care, could avoid, and did not. rules of contributory negligence not affected by employers' lia- contributory negligence bars recovery, although statute passed sometimes confused with defense of assumption of risk, 358. negligence of children, 376. of defective persons, 377. of intoxicated persons, 377. obeying sudden order not necessarily negligent, 490, note. ordered to couple moving cars, 491, note. boy ordered to handle giant powder, 491, note. going into mine when explosion expected, 516. car repairers working without giving notice, 516. 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. [REFERENCES ARE TO PAGES.] 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 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. 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. [REFERENCES ARE TO PAGES.] CONTRIBUTORY NEGLIGENCE-Cont'd. failure to obey, where master has made obedience impracticable. master or authorized servant may waive rules, 523. order to work "quick" does not excuse plaintiff from using care, when master sets plaintiff at engrossing work, he must protect master must have relieved plaintiff from duty of using his eyes, 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. 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, looking at marks on bales, injured by defective floor, 527, note. knowing that other machines had started, 534. must use care, though master guaranties to take risks, 537, note. application of rule when risk is assumed by remaining at work, negligence to remain at work in face of great danger, 543. promise to repair does not relieve of necessity of using due 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, [REFERENCES ARE TO PAGES.] CONTRIBUTORY NEGLIGENCE-Cont'd. presumption that care was exercised, 374. conjectural evidence of plaintiff's care, 627. inspecting car, 628, note. making coupling, 627, note. struck by bridge, 627, note, 628, note. train breaking apart, 627, note, 628, note. fall from ladder, 627, note. starch blown on plaintiff, 627, note. scalded by steam, 627, note. when rule as to contributory negligence grows out of state rule as to contributory negligence, unless fixed by foreign stat- CONVICT, not a servant, 61. contractual assumption of risks does not apply to him, 477. 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. |