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NEGLIGENCE

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COPYRIGHT, 1895

BY

BANKS & BROTHERS

COPYRIGHT, 1904
BY BANKS & COMPANY

Res. Feb, 17, 1904.

EVIDENCE.
I. BURDEN OF PROOF, &c.
II. PRESUMPTION OF NEGLIGENCE.

(a). Arising in the performance of the duty of a common

carrier.

1. Common carriers of goods.

2. Common carriers of passengers.
(b). Arising in performance of other duties.

(c). Arising from nature of the act.
III. PRESUMPTIONS OF AND FROM OWNERSHIP.
IV. PRESUMPTIONS RESPECTING PERSONAL ACTION.

V. How PRESUMPTION OF NEGLIGENCE MAY BE OVERCOME.
VI. WHAT IS SUFFICIENT EVIDENCE OF NEGLIGENCE.
VII. CUSTOM AND CUSTOMARY ACTS.
VILI. FORMER SAFETY OF A STRUCTURE, APPLIANCE, &C.
I X. FORMER ACTS AND STATEMENTS.

X. SUBSEQUENT ACTS AND STATEMENTS.
XI. RES GESTÆ.
XII. LIABILITY-ADMISSION OF.
XIII. NEGATIVE AND AFFIRMATIVE EVIDENCE.
XIV. ORDINANCE.

(a). Statute.

(b)..Official certificate and public record.
XV. PAIN, EXPRESSION OF.
XVI. PECUNIARY CONDITION.
XVII. PRIVILEGED COMMUNICATIONS.

(a). Waiver.
XVIII. REFRESHING RECOLLECTIONS.
XIX. RULES.

XX. IMPEACHING EVIDENCE. XXI. FAILURE TO PRODUCE EVIDENCE WITHIN A PARTY's POWER. XXII. PROBATIVE FORCE OF EVIDENCE. XXIII. NON-EXPERT OPINION. XXIV. EXPERT EVIDENCE.

(a). Whether a structure, method, &c., was safe, adequate

or the cause or effect of known conditions or results.

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