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[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.
moving platform, 194.

passenger elevators, 193.

pleasure railway, 117.
rollers, 74.

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.
carriage upon public basis, 969.

[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-
ment, 682.

telephone companies cannot forbid rival installation, 683.
exclusive regulations by the associated press, 684.

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.
competitive rates for through business, 1315.

lower rate for the transportation of goods from B to C which came
came from A, 1315.

lower rate for transportation from A to B of goods destined to be
forwarded from B to C, 1315.

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
nature of the conditions precedent, 390.
may not impose onerous conditions, 523.

1. Services Must Be Asked at Proper Time

whether carrier must receive goods in advance, 391.
delivery before a certain hour, 869.

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.
effect of time-tables, 397.

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 at station a reasonable time before, 402.

passenger already in vehicle, 402.

establishment of regular stations, 403.

business offered at station, 403.

service at private sidings, 404.
freight offered in cars only, 258.
right to switch connection, 404.
service within proper territory, 405.
waiver of this condition, 405.
service to abutting owners, 406.
duty of the supply company, 406.
duty to supply householders, 406.
3. Application Must Be in Proper Form
applicant must give notice, 407.

[References are to sections]

CONDITIONS PRECEDENT TO SERVICE-continued
parcels not properly addressed, 407.

passenger must state intentions, 407.
requisitions made in advance, 408.
proper requisitions for cars, 408.
requesting certain number of cars, 408.
signal to passenger carrier, 410.

signal at a flag station, 410.

formal application for supply, 411.
inherent right of applicant, 411.
use of telegraph blanks, 412.

waiver of the requirement, 412.

4. Services Must Be Demanded in Proper Manner
goods must be tendered properly packed, 413.
freight loaded by shipper, 414.

responsible if defect apparent, 414.

freight improperly loaded by the shipper, 414.
special freight may require special tender, 415.
loading at a tipple, 415.

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.
See also PREPAYMENT AS A CONDITION

CONDUIT COMPANIES

conduit company as public service, 78.

what companies can demand use, 383.

CONFISCATION RESULTING FROM LEGISLATION
legislation void if obviously confiscatory, 342.

when obedience would mean practical confiscation, 814.
depriving complainant of income confiscates property, 1125.
doctrine of the Granger Cases, 1427.

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.
fair return generally conceded, 1126.

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
through service may be undertaken, 511.
through service may not be demanded, 209.
evidence of through service, 511.

successive service merely, 511.

transportation over its own route, 272.

through routing and rating, 512.

mere acceptance of goods marked beyond, 511.
English presumption of through carriage, 512.

American presumption of successive service, 513.
what constitutes connecting service, 514.

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.

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