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[References are to sections]

CARRIERS OF GOODS-continued

against public policy to stipulate against negligence, 1011.

construction against such exemption, 1009.

statutes forbidding common carriers to reduce their liabil-
ity, 1008.

stipulations limiting the damages recoverable, 1019.

notice of loss stipulated for, 1023.

10. End of Common Carriage

various theories as to when carrier's liability terminates, 1030.
effect of interruption in transit, 1031.

transfer to connecting service, 1033.
end of carrier's liability as such, 1035.

carrier held warehouseman after end of transportation, 1036.
cases holding shipper has reasonable time for removal, 1037.
cases holding carrier must give consignee due notification, 1038.
railroad delivery of bulky freight, 1043.

delivery to true owner, 1047.

delivery to wrong person, 1048.

delivery to designated person, 1049.

See COMMON CARRIAGE

CARRIERS OF PASSENGERS

1. Carriage as a Public Employment
public and private carriers, 239.
carriers of passengers, 160.

carriage of slaves, 160.

what makes carriage common, 196.

carriers of passengers, and of goods, 255.
passenger carriage given up, 295.

2. Public Duty of the Carrier

must be desirous to reach a destination, 362.
carrier although another be bound to pay, 341.
transportation limited of travelers, 362.

who desires shelter merely, 368.

persons coming to help passengers, 369.
loafers not entitled to protection, 372.

exclusive sleeping car contract, 482.

monopoly for privileged hackmen, 485, 489.

carrier transporting concessionaires, 498.

business coming from one connection favored, 524.

public station at junction, 527.

[References are to sections]

CARRIERS OF PASSENGERS-continued

3. Conditions Precedent

passenger coming after train begins to move, 395.

passenger entering the car prematurely, 395.
duty to hold train for passenger, 395.
insistence upon time-tables, 397.

office hours at ticket offices, 398.

intending passenger who has bought ticket, 401.

place which the railroad has designated, 401.

steamboat moored to a wharf, 402.

waiting room of the railroad station, 402.

passengers must present themselves at stations, 403.
signal to passenger carrier, 410.

flag stations, 410.

no right to ride on a train without payment, 430.
carrier may require prepayment, 431.

if conductor at first collects too little, 432.
fare for the whole distance due at outset, 433.
reasonable time to produce payment, 440.
tender in currency of the community, 441.
two fares for single journey, 446.

forfeiture of right to original journey, 447.
season ticket right forfeited, 449.
4. Excuses for Refusal

distasteful persons cannot be refused, 555.
obnoxious persons cannot be refused, 556.
slight intoxication not enough, 558.

must take prostitute, 559.

must take negroes, 565.

must take scabs, 570.

blind persons, 637.

ailing persons, 635.

aged persons, 635.

sick persons, 643.
crippled persons, 635.
infirm persons, 629.

infants of tender years, 636.

slave traveling with master, 636.

may keep off thieves, 598.

person habitually intoxicated, 612.

persons attempting to beat their way, 623.

[References are to sections]

CARRIERS OF PASSENGERS-continued

loathsome persons, 631.

diseased persons, 631.

obscene persons, 633.

indecent persons, 633.

profane persons, 633.
infirm persons, 635.
insane persons, 639.
dangerous persons, 640.
arrested persons, 640.
5. Justification for Refusal

justification for suspension of service, 666.

probable misconduct, 644.

past misconduct, 642.

valises which will block the aisles, 626.

guns with bayonets, 626.

service is interrupted by enemy forces, 666.

train held by order of the executive, 593.

rush of business as excuse for refusing to receive, 663.

more cars should be put upon passenger trains, 664.

preference must be given to passengers, 665.

strike for higher wages, 668.

strike as an excuse, 669.

person having received part of the service from a rival, 682.
person who scalps tickets, 697.

rival carrier in uniform, 558.

quarantine as an excuse, 602.

6. Acceptance of Passenger

passenger seated inside of the car, 736.

proper place for the carriage of passengers, 736.

the moment when vehicle begins to slacken its speed, 736.

passenger intending to defraud, 738.

prepared to pay fare if demanded, 738.

consent of the conductor obtained by fraud, 738.

stealing a ride, 738.

riding free by invitation of a servant, 745.

connivance of the conductor, 746.

invitation of the servant, 745.

7. Management of the Business

special train, 754.

excursion train, 757.

[References are to sections]

CARRIERS OF PASSENGERS-continued

chartered train, 758.

train loaned to an employé, 758.

part of the train not intended for passengers, 759.
passengers going without permission into improper place, 760.
vehicle not provided for passengers, 761.

passengers upon construction train, 762.
passengers carried upon freight trains, 763.

owner of goods accompanying freight, 767.

luggage intrusted to porters, 769.

railroad does not assume possession of personal luggage, 769.
status of mail agent, 777.

status of express messenger, 778.

status of drovers, 780.

employés of milk contractors, 781.

liability for newsboys, 782.

liability for train boys, 782.

servant of the company, 783.

employés traveling as passengers, 784.
passenger riding on a free pass, 786.

8. Provision of Facilities

freight railroad need not provide equipment for passengers, 792.
reasonably sufficient equipment necessary, 793.

best equipment that prudence would suggest, 795.

where present demand was fairly unforeseen, 798.

number of passengers applying unprecedentedly large, 801.
compelling establishment of stations, 808.

stations may be closed, 810.

provision of station buildings, 812.

passenger stations may be in one district, 813.

passenger business has priority over freight business, 839.

carrier may assign seats to his passengers, 843.

regulation setting apart a car for ladies, 844.

if a passenger seated, the conductor should not disturb, 845.
separate accommodation for colored persons, 848.

no inequalities by this assignment, 849.

9. Regulation of the Service

adherence to a reasonable schedule, 870.

reasonable hours may be established for waiting rooms, 873.

regulations as to the personal conduct, 879.

intoxicated persons ejected, 879.

[References are to sections]

CARRIERS OF PASSENGERS-continued

disorderly people ejected, 879.

sleeping upon the benches of a waiting room, 879.
regulations against bringing weapons, 880.

regulations against bringing animals, 880.
regulation as to the position of passengers, 881.
riding upon the platforms forbidden, 882.
passengers shall purchase a ticket, 878.
permit required upon freight trains, 885.
ticket may be made indispensable, 885.

if ticket is lost, 886.

extra charge made those without tickets, 887.

no opportunity to obtain a ticket, 888.

taking a train from a station where no tickets sold, 885.

if ticket agent gives a bad ticket, 889.

conductor's own mistake, 890.

first of two conductors wrongfully punches the ticket, 890.
10. Liability for Default

delays consequent upon awaiting the regular course, 904.
safety and promptness are not on the same plane, 904.

when employés quit work, 912.

unusual delay makes out a prima facie case, 915.

risks which should be apparent, 932.

injuries arising from the carrier's method of doing business, 932.

care of persons under disability, 933.

disposition of dangerous persons, 934.

liable for assault upon the passenger by its employé, 938.

malicious act by the agent, 938.

acts outside of the employment, 939.

general duty to protect the patron, 939.

special duty to protect passengers from third parties, 941.

assault by one passenger upon another, 942.

negligent acts of other passengers, 943.

care in protecting passengers from injury by intruders, 944.

due care to prevent injury by overcrowding, 945.

who are in a position to claim this special protection, 946.

cannot limit its liability to passengers, 1016.

may limit liability in free pass, 1018.

setting down passengers, 1044.

See COMMON CARRIAGE

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