[References are to sections] COMMON CARRIAGE-continued taxicabs, 187. towing lines, 173. truckmen, 169. underground railways, 191. union railways, 129, 177. wagon train, 174. wagoners, 162. 3. Employments Distinguishable from Carriage bridges, 177. circular railway, 117. ferrymen, 972. forwarders, 178. furniture movers, 170. irrigation, 973. liverymen, 107. log drivers, 972. merry-go-round, 195. passenger elevators, 193. pleasure railway, 117. roller coasters, 195. sight-seeing excursions, 195. scenic railways, 195. skiff, 237. sleeping car, 975. slide, 74. switching lines, 130. telegraph, 973. tugboat, 173. warehousemen, 972. wharfinger, 972. wherry, 237. 4. Common Carriage as a Public Employment common carriage as a public employment, 196. public profession of common carriers, 239. service must be generally offered, 968. [References are to sections] COMPETITION BETWEEN PUBLIC CONCERNS 1. Unfair Competition exclusive custom cannot be demanded, 681. whether the shipper at times employs another carrier, 681. partial service already rendered by rival, 682. passengers who had come from A to B by a rival line, 682. accepting goods from one connection without requiring prepay- telephone companies cannot forbid rival installation, 683. 2. Competitor's Demands from Its Rival shipments made by a rival, 695. competitor must be taken as a passenger, 697. no obligation to carry packed parcels, 696. railroad not compelled to give running rights, 698. not compelled to give its facilities to the uses of a rival, 699. no obligation to give trackage, 699. rival is not included in the term general public, 699. 3. Rebates to Get Competitive Business competitive conditions no justification, 1312. lower rate for the transportation of goods from B to C which came lower rate for transportation from A to B of goods destined to be 4. Relative Rates Determined by Competition competition as a justification for disproportion, 1376. argument for competitive rates, 1378. competitive rates must not be ruinous, 1379. a competitive point may lose its preference by consolidation, 1376. COMPRESSING IN TRANSIT retention of through rate during, 1320. CONDITIONS PRECEDENT TO SERVICE 1. Services Must Be Asked at Proper Time whether carrier must receive goods in advance, 391. facilities for receiving goods, 391. how long in advance goods must be received, 392. [References are to sections] CONDITIONS PRECEDENT TO SERVICE-continued reasonable time in advance, 392. acceptance long in advance, 393. transportation not yet begun, 393. carrier holds goods as a warehouseman, 393. goods tendered too late, 394. cattle not yet arrived, 394. passengers must come at the proper time, 395. ferryman after nightfall, 396. no duty to belated passenger, 395. certain services may be demanded at any time, 396. enforcement of office hours, 398. 2. Service Must Be Demanded at Proper Place tender of goods to the carrier, 399. actual consent to accept goods, 399. goods deposited near track, 399. tender at proper place, 399. placing goods in position not enough, 400. cutter placed upon a platform, 400. delivery to a railroad warehouse, 400. wharf from which sailing, 400. passengers must be upon the premises, 401. intending passenger arriving at railroad premises, 401. passenger proceeding across track, 401. when are passengers accepted, 402. passengers presenting themselves at station, 402. passenger already in vehicle, 402. establishment of regular stations, 403. business offered at station, 403. service at private sidings, 404. [References are to sections] CONDITIONS PRECEDENT TO SERVICE-continued passenger must state intentions, 407. signal at a flag station, 410. formal application for supply, 411. waiver of the requirement, 412. 4. Services Must Be Demanded in Proper Manner responsible if defect apparent, 414. freight improperly loaded by the shipper, 414. service upon a fungible basis, 416. conditions imposed upon installation, 417. certificate from reputable plumber, 417. premises must be properly prepared, 418. assurance as to fixtures, 418. conditions imposed must be reasonable, 419. provision of service pipe, 418. improper conditions cannot be imposed, 420. contract cannot be required, 338. regulations relating to conditions, 868. reasonable conditions of performing service, 869. CONDUIT COMPANIES conduit company as public service, 78. what companies can demand use, 383. CONFISCATION RESULTING FROM LEGISLATION when obedience would mean practical confiscation, 814. limitation is not the equivalent of confiscation, 1428. CONFISCATION tinued [References are to sections] RESULTING FROM LEGISLATION-con- early modification of the doctrine, 1428. adequate return must be left, 1123, 1429. fair return upon the value, 1123. reduction leaving reasonable retu.n, 1124. reasonableness of return now judicial question, 1125. reasonable rates not necessarily profitable, 1127. when rates are confiscatory, 1430. when fair net earnings left, 1431. reduction ruinous only to certain companies, 1128. possibility of increase of business at the lowered rates, 1129. CONFLICT OF LAWS law of the place of shipment, 1010. law of the place of performance, 1010. law of the forum, 1010. reverting to the law of the place of contracting, 1010. CONNECTING CARRIERS public duty as to connecting services, 510. 1. Basis on Which Through Service Is Undertaken successive service merely, 511. transportation over its own route, 272. through routing and rating, 512. mere acceptance of goods marked beyond, 511. American presumption of successive service, 513. dependent services not connecting, 514. services of different character, 514. 2. Mutual Obligations in Successive Service obligation of initial service to take to connection, 515. refusal for own ends, 515. attempts to avoid obligation, 516. words designating the telegraph connection, 516. special law applicable thereto, 518. connecting carrier refusing to receive, 656. |