[References are to sections]

CONSTITUTIONAL LAW-continued

limitations upon industrial liberty, 1437.
differentiation of the public services, 1438.
railroad compelled to build siding, 1434.
regulations for running trains, 1435.

constitutionality of legislation providing for through rates, 539.
constitutionality of seizing running rights, 698.

constitutionality of requiring through cars, 532.

legislation forbidding disproportionality in rates, 1209.

maintenance of cattle guards, 1435.

special regulation of the public service companies, 1435.
police power over railroads, 1435.

number of brakemen upon a train, 1435.

inspection of the rails, 1435.

interests of the public to be considered, 1067.

interests of the companies to be considered, 1066.

See FEDERAL AND STATE JURISDICTION

CONSTRUCTION TRAINS

passengers on, 207.

CONTAGIOUS DISEASE

as excuse for refusal, 631.

restraint of contagious disease, 934.

CONTRACTS OPPOSED TO PUBLIC SERVICE

contract cannot be imposed, 337.

exclusive contracts cannot be imposed, 685.

status of exclusive contracts, 685.

covenant by quarry owners, 685.

refusal to take another's customers, 686.

agreement between gas companies, 686.

contract not to deal with other applicants, 687.

power company contracting with one customer exclusively, 687.

natural gas company giving old customer preference, 688.

special telegraph contract for priority, 688.

contract to exclude others from simultaneous service, 689.

special contract to transport newspapers, 689.

exclusive contracts with an intermediate service, 690.

agreement not to engage in direct service, 690.

effect of restrictive covenants in conveyances, 691.
contracts for location of stations, 810.

[References are to sections]

CONTRACTS OPPOSED TO PUBLIC SERVICE-continued
land for station conveyed on condition, 691.

contract limitations upon telephone licensees, 692.

innkeeper criminally liable, 355.

prosecution of a ferryman, 292.

criminal to receive or give less than the published rates, 1294.
whether guilty mind must be shown in such cases, 1296.

misdemeanor for mills to refuse service, 66.

stating that the defendant refused to act, 345.
against a telegraph company, 346.

against a common carrier, 345.

against one engaged in public service, 345.

1. What Constitutes Delay

duty to act promptly, 901.

a reasonable time will be implied, 901.

market for perishable goods, 901.

default so obvious as to speak for itself, 901.
reasonable time allowed for performance, 902.

what is reasonable time, 902.

special circumstances calling for haste, 903.
sudden emergency calls for unusual haste, 903.
freight without unreasonable delay, 903.

adherence to schedule time, 904.

bound to maintain a reasonably suitable schedule, 904.
additional service if the delay is considerable, 904.
unexpected stoppages cannot always be excused, 904.

DELAY-continued

2. Excuses for Delay

[References are to sections]

natural forces, 909.

ordinary actions of the elements, 909.

freezing of a canal, 909.

unusual flood, 909.

low water, 909.

governmental authority, 910.

orders proceeding from military authorities, 910.

legal process, 910.

violent intervention, 911.

public enemies, 911.

mob violence, 911.

interruption by strike, 912.
strike not always excuse, 912.
sympathetic strike, 912.

interference of patron, 913.

shipper stops in transit, 913.

delay by shipper's loading, 913.

delay due to the shipper's address, 913.

press of business, 914.

freight moved in order, 914.
extraordinary circumstances, 914.
3. Liability Consequent upon Delay
delay must be negligent, 915.
excuse for unavoidable delay, 914.
loss directly caused by delay, 916.

delay might have been avoided by proper precautions, 909.

neglect of the carrier speaking for itself, 915.

train delayed by drunken employé, 915.

if the carrier should have foreseen, 916.
leaving his wagon in mid-river, 916.
loss by ordinary natural sequence, 916.
carrier transporting slowly in winter, 916.
loss merely concurrent with delay, 917.
loss a remote consequence, 916.

extreme liability according to other authorities, 918.

negligence contributing to the catastrophe, 919.

unseaworthy vessel, 919.

negligence in not avoiding the catastrophe, 920.

further progress barred by a washout, 949.

may require as security for bills not yet incurred, 877.
required when charges are undetermined, 434.

DEPRECIATION

See PREPAYMENT

depreciation now generally allowed, 1166.

complete and incomplete depreciation, 1170.

original investment should remain as it was at the beginning, 1170.

renewal to offset depreciation, 1162.

fund to repair depreciation, 1169.

character of the particular plant, 1166.