A Treatise on the Law of Carriers as Administered in the Courts of the United States and England

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Requisites of declaration against private carrier 84
26
Private carrier may contract for nonliability
32
Vehicles carrying passengers usually liable as common carriers only
37
His employment must be public in its nature
40
Same subject Further illustrations
47
Goods must be of kind which he professes to carry
54
Watercraft railroads and express companies are chief carriers
61
Same subject Peculiarities of their business
67
Special circumstances under which carrier will not be deemed to be
73
Logdriving companies not common carriers 816
79
Bat not sufficient if agent not authorized to receive
81
Variance in duplicate Shippers controls 121
82
Same subject
87
Same subject Rule to be applied with caution
93
Same subject
99
When liability of first carrier terminates
107
Same subjectCases holding delivery complete
114
Liability beyond terminus of carriers line must be based on contract 145a
116
Same subject Reasons which will justify refusal to accept
120
This rule well settled in England 117
149
Same subject Duplicate receipts Goods deliverable only on pro
151
Same subject
156
Same subject Contract must be express
173
Act of God must be proximate cause of loss
179
Same subject
183
Loss by sudden inundation
185
Same subject Cases holding carriers not jointly liable 164
189
Same subject
191
Partnerships between corporations as carriers 170
195
Same subject Cases holding contrary view
197
Who are public enemies Mobs rioters strikers thievespirates
198
Season for this exception _
204
Same subject 210
233
Live animals not regarded as goods 217
239
Carrier of animals is common carrier and not special agent of owner 222
248
Goods usually shipped under contract limiting liability 225
256
Considerations leading to English Land Carriers Acts 230
262
Carrier may limit liability by special contract 237
268
Form and nature of contract Writing not necessary Evidence
275
Same subject 247a
281
Extent to which liability may be limited
289
Same subject Notices under English Carriers Act 253
296
Same subject The English rule 268
313
Goods must be carried at and within Ipme agreed upon
317
Same subject 274
319
Carrier liable notwithstanding exemption if loss be the result of
325
Same subjectCarrier liable notwithstanding these exemptions
334
Same subject Illustrations 318
337
Same subject Other illustrations 332
388
though a swindler 848a
394
Situation or condition of consignee immaterial
395
Carrier cannot of his own motion set np adverse title
405
Effect of garnishment or trustee process upon property in carriers
471
Yet claim upon him by adverse claimant is sufficient 406
475
Right not defeated by attachment or garnishment by creditors of con
481
carriers right to a receipt on delivery
487
Eight to freight where the goods are carried contrary to the wishes
489
When carrier subrogated to owners claim 427
493
Same subject Absolute necessity will justify 433
497
The degree of care and diligence required of passenger carriers
498
His right to know the character of goods and contents of packages 439
504
Same subject 446
512
Same subject Remedy against consignee not conclusiveConsignee
518
Power of company to regulate admission to stations and depots 623
523
Same subject How question determined 457
524
Same subject Payment of freight in such cases 464
531
Wlien delivery deemed complete 470
535
Must carry to end of journey and give time to alight at usual stop
560
Unction between common carrier and carriers of passengers 495
562
Same subject 507
574
Same subject Carrier responsible to passenger for negligence
580
Duty as to examination of vehicles and other apparatus
581
Liability for injury caused by articles lawfully brought into car
586
Same subject
588
Same subject Passenger not justified in incurring danger to avoid
594
Same subject 532
607
Same subject Right to be carried on freight trains etc 538a
617
Same subject Not to be ejected for supposed bad character if prop
623
Same subject Injury to passenger on platform by objects thrown
638
Care and diligence due to gratuitous passengers 566
646
Ferrymen are common carriers when
686
tion Conclusiveness of contract 581
687
Same subject 589
692
At what place may be ejected 590
698
Tlw treatment of the passenger
706
Same subject Illustrations 600
712
Liability for detention of passenger 608
718
Person making contract with carrier may sue
723
Contract need not be in writing to enable shipper to sue upon it 72
730
Duty to furnish passengers with food and other necessaries 027
747
THE LIABILITY OF THE CARRIER AS AFFECTED BY THE CON
754
How far negligence excused by directions of carrier or his servants 661o
755
Same subject What will excuse attempt 642
761
Using means for entering or leaving not intended for that purpose 647a
767
Same subject How when car full 653
773
Same subject How in case of streetcars 653a
780
Statutory right of action in case of death Lord Campbells Act
783
Same subject How in case of streetcars and stagecoaches 658a
786
Same subject 666
798
Sick and disabled passengers and women 670
806
Same subject Conclusion from last decision 698
811
The obligayon to carrv jn the manner provided in the contract
814
Same subject As to value 681a
816
What is not baggage 685
822
Same subject English cases Must be clear that passenger assumes
828
Same subject English cases Dissent from earlier authorities 693a
832
Same subject
836
Same subject Handbag dropped out of car window 697a
838
How made generally
840
Sleeping and parlorcar companies 700a
842
Same subject 703a
848
Same subject Doctrine of the case stated 350
851
Dissent from prevailing construction of reasonable time 711
854
Carriers by water not required to make personal delivery
857
Liability for baggage when passenger is carried gratuitously 716
860
Same subject Fourth of July
863
The measure for injury to goods during transportation 770a
864
Same subject
869
Mode or place of delivery may be established by usage
875
Same subject 342
884
The measure when carrier refuses to accept and carry the goods
924
CHAPTER XV
930
Plaintiff must not needlessly aggravate injury 809c
931
Dependence for support not necessary to recovery 786
946
Extraterritorial effect of these statutes 789a
952
Recovery must be for cause of action stated 793
958
Same subject Cases holding burden of disproving is on plaintiff 803
968
Damages in case of maltreatment 810
986
Same subject Cases authorizing such damages 815a
992
Same subject Evidence of authority on ratification 816
999
Effect of childs contributory negligence on parents action 781a
1004
Same subject No defense where it does not contribute to injury 659a
1034
Future damages may be considered 800
1035

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Sida 359 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Sida 359 - Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Sida 528 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
Sida 479 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Sida 566 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Sida 288 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for Opinion of the Court. negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Sida 308 - His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents ; often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Sida 255 - The charterer of any vessel, in case he shall man, victual, and navigate such vessel at his own expense, or by his own procurement...
Sida 593 - But in the approaches to the cars, such as platforms, halls, stairways, and the like, a less degree of care is required; and for the reason that the consequences of a neglect of the highest skill and care which human foresight...
Sida 359 - ... persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is...

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