A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England

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Act must be construed broadly
614
Effect of second section on discriminative interstate contracts 537
620
Agreement for rebate does not void contract of carriage 547
626
Discrimination in carriage of live stock and affording proper facili
632
Real and substantial competition justifies dissimilarity in rates 559
638
Question of similarity or dissimilarity of circumstances under sec
645
Same subjectThe rule stated
646
Power of a state railroad commission to establish rates 575
652
Comparison of rates as a criterion of reasonableness 580
657
Effect of connecting and branch lines in determining the reasonable
663
Discrimination between localities 597
669
But the carrier is not bound to suspend his voyage to preserve
672
Same subjectDamage to other goods stowed in hold 606
676
Same subjectWhen carrier not liable 612
682
Same subjectOption as to routes to be exercised with regard
684
Liability of carrier where notwithstanding an unauthorized devia
690
Same subjectNot excused by circumstances beyond his control 627
696
Same subject 648
701
Space for cattle must be sufficiently ventilated
703
The failure of the shipper to furnish a caretaker does not excuse
709
Preference may be given to perishable goods already received 649
713
EXCUSES FOR NONDELIVERY
717
How far carrier responsible for unavoidable delay 653
723
Right of owner to terminate carriage short of destination 661
729
Same subject 663
735
Responsibility for delivery to the wrong personNegligent delivery
741
Same subjectThe contrary view 673
751
Same subjectHow where goods are misdirected
755
Same subject
761
Must provide suitable place and land goods at proper timeDuty
767
Same subjectFourth of July
773
At what wharf delivery shall be made
779
Same subjectLimitations upon Massachusetts and New Hamp
787
Şame subjectDifference in situation of shippers may justify a pref
793
DELIVERY BY EXPRESS COMPANIES
801
Who liable for the freightConsignee prima facie liable
807
Same subjectDuty to require payment is based on contract 728
811
Same subjectConsignee cannot change destination when known
818
Same subject
820
Carrier excused when goods taken from him by legal process 738
821
Same subjectThe process must be regular 742
828
Carrier cannot of his own motion set up adverse title 750
834
How right exercised 758
840
Effect of attachment of goods by vendor 764
846
Duty and liability of carrier after notice 773
852
Same subjectParts of days 838
858
GENERAL RIGHTS IN RESPECT TO THE GOODS
861
Lien on subfreight
868
His authority to sell the goods 785
869
Lien lost where carrier is liable for damages to goods equal to
874
Same subjectSale must be made where market and competition
876
THE CARRIERS RIGHT TO COMPENSATION
882
The rule when the freight is to be paid by measurement 812
902
Same subjectAcceptance of proceeds of sale made without con
908
Same subjectPayment of freight in such cases 823
914
When delivery deemed complete 829
920
Duty of carrier in general to avert injury to goods transported 645
921
Same subjectWhat are counted as lay daysDaysWorking
926
Same subjectAgreements for quick dispatch customary quick
927
Same subject 771
929
Same subject 895
997
Degree of care required may vary with the circumstancesDuty
1002
Duty as to means of conveyance
1008
Responsibility for defects in vehicles and machinery attributable
1014
Responsibility for injuries caused by escaping sparks or cinders 912
1022
Liability for injury caused by concurrent action of two carriers 917
1030
Duty in respect of management and running of trains and vehicles 923
1036
Duty of railway carriers in respect to platforms approaches
1044
Same subjectBaggage rooms 932
1050
Same subjectLiability for obstructions on platforms 935
1057
Same subjectPassenger not justified in incurring danger to avoid
1066
Power of carriers to adopt regulations as to admissions into their
1073
Duty to keep roads vehicles etc in repair
1079
Same subjectNo liability when injury caused by a stranger 950
1087
Same subjectNew York rule as to delivery by railroads
1093
Duty as to servants employed
1094
Same subject 963
1100
Same subjectRight to be carried on special or emergency trains 965
1106
Duty and liability as to carrying prisoners 971
1112
Same subjectWhen one passenger may be ejected for misconduct
1118
Same subjectEjection of drunken passengers 978
1119
Not necessary that vendor obtain actual possession of goodsNotice
1120
Same subjectCarriers duty to protect female passengers 982
1126
Same subjectDuty of carrier to protect passenger from arrest 987
1132
Sleepingcar company not responsible for train connections
1137
Duty of carrier toward sick aged and disabled passengers 992
1139
Degree of care required in the carriage of children 995
1145
Same subjectPerson riding on drovers pass 1003
1155
Same subjectPerson riding on employes pass 1004
1158
Same subjectInjury to passenger on platform by objects thrown
1164
Same subjectHow long the relation of carrier and passenger con
1170
Gratuitous passenger
1178
The contract to carryTickets 1028
1183
Same subjectWaiver of right to demand higher fare when paid
1192
708
1196
In absence of contract ticket presumed to be for continuous trip
1198
Same subject 1044
1206
Same subjectBut contract for through carriage may be so made 1050
1212
Same subjectRoundtrip ticket requiring identification 1034
1221
Same subjectProvision that ticket shall not be good on certain
1225
Same subjectHow when ticket is apparently good 1062
1232
Same subjectBut passenger is not without remedy 1066
1239
Same subjectWhen limitation inures to benefit of connecting
1245
Carrier may enter into contract of indemnity with insurance com
1252
Ejection of passenger for breach of regulations
1258
Duty of carrier to tender back fare received before ejection 1086
1266
Whether due care has been used a question of fact 1091
1273
Same subjectLike rule governs as to liability of carrier by water
1279
Liability for indecent assaults on female passengers 1101
1286
Same subject 1107
1292
Helping passengers to enter train 1112
1301
Carrier must give sufficient time to alight 1118
1307
Same subjectNot liable where passenger has evaded payment
1314
Same subjectWhere announcement is made by stranger 1124
1321
Helping passengers to alight 1127
1328
Same subjectLimit of the liability 1132
1336
Responsibility of sleepingcar company where sleepingcar does
1340
Duty to keep aisles free from obstructions
1345
Government of merchant vessels
1350
Duty of master to provide for safety health and comfort of passen
1356

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Common terms and phrases

Սիրված հատվածներ

Էջ 586 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question: and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Էջ 586 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Էջ 659 - We do not say that there may not be other matters to be regarded in estimating the value of the property.
Էջ 586 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Էջ 585 - ... the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed.
Էջ 609 - railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.
Էջ 631 - Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or under its authority, or which it may own in whole, or in part, or in which it may have any interest direct or indirect except such articles or commodities as may be necessary and intended for its use in the conduct of its business as a common carrier.
Էջ 600 - ... property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: Provided, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Էջ 577 - That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage or handling of property wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Էջ 587 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney* of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.

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