A treatise on the law of carriers as administered in the courts of the United States, Canada and England, Volume 2 (Google eBook)

Front Cover
Callaghan, 1906 - Carriers - 2350 pages
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Contents

Same subject 516
563
Same subjectThe English rule 522
571
Same subjectStatutory regulationThe Interstate Commerce Act 523
608
Act must be construed broadly 528
614
Effect of second section on discriminative interstate contracts 537
620
Agreement for rebate does not void contract of carriage 547
626
Section three is more comprehensive than section two 552
629
Third section applies as well to passenger as to freight traffic 558
636
Joint rate is not a basis for local rate 566
642
Joint rates under section four 573
648
The reasonableness of a state rate must be determined without ref
654
Carrier entitled to reasonable profits on property used by it 582
659
A special rate is not always unjustly discriminative 589
666
Same subjectStowage under deck
672
Same subjectDamage to goods in discharging cargo 609
678
Tempestuous weather may render deviation by vessel necessary 616
685
Construction of clauses reserving leave to tow and assist other
692
Same subjectImplied authority of agent to agree to furnish cars
698
Care due pregnant or sick animals 636
704
Carrier liable for his negligence in loading or unloading stock not
710
Same subjectThe rule stated 646
712
Same subjectWhat time reasonable 652
718
Same subjectCircumstances may make delay a duty 656
724
CHAPTER IX
731
Mode or place of delivery may be established by usageEffect
732
Duty to make personal delivery except where changed by usage 665
737
Same subject 670
744
Same subjectThe contrary view 673
751
Same subjectCarrier not liable where wrong delivery induced
757
Same subjectThe rule stated 684
764
Notice must be actual 690
770
Necessity of notice may be dispensed with by contract 697
777
Same subject 703
785
Same subjectWhen question of notice becomes immaterial 709
792
Same subjectDifference in situation of shippers may justify a pref
793
Bulky freight In car load lots must ordinarily be unloaded by party
795
DELIVERY BY EXPRESS COMPANIES
801
Same subjectHow when goods are not to be delivered until paid
807
Same subjectRight to recover goods delivered without payment 730
813
Same subjectChange cannot be made after transportation com
820
Carrier excused when goods taken from him by legal process 738
821
Same subjectThe rule In Massachusetts 741
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
Not necessary that vendor obtain actual possession of goodsNotice
852
Same subjectPresumption of consignees liability may be rebutted 809
858
Lien on subfreight
859
from him or for an injury to them while in his custody 779
861
His authority to sell the goods 785
869
Lien may be waived by terms of payment
875
Same subjectSale must be made where market and competition
876
THE CARRIERS RIGHT TO COMPENSATION
882
Same subjectAgency must be known 811
901
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
Same subjectWhat are counted as lay daysDaysWorking
926
Same subjectParts of days 838
927
Effect when contract is silent as to time of loading or discharge 842
935
Tickets
986
Same subjectProvision that ticket shall not be good on certain
987
OF PASSENGER CARRIERS GENERALLY
990
Same subjectBound to protect as far as human care and fore
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
1060
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
Duty as to examination of vehicles and other apparatus 956
1091
Same subjectCompanies and corporations liable 960
1097
Same subjectRight to be carried on freight trains 964
1106
Separation of passengers for sex color
1112
Same subjectWhen one passenger may be ejected for misconduct
1118
Same subjectEjection of drunken passengers 978
1119
Same subjectCarriers duty to protect female passengers 982
1126
Same subject
1129
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 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
Such tickets in universal use 1029
1184
Same subjectWaiver of right to demand higher fare when paid
1192
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
1214
Same subjectRoundtrip ticket requiring identification 1054
1221
Same subjectHow when train does not stop at passengers des
1227
Same subjectWhere conductor on first line tears off coupon
1233
Same subjectBut passenger is not without remedy 1066
1239
Came subjectGood faith required on part of carrier 1070
1245
Carrier may enter into contract of indemnity with Insurance com
1252
Effect of tender after refusal to pay or show ticket and ejection
1263
The right to resist ejectionMay resist ejection from train
1269
Liability of carrier for illtreatment of passengerLiable for
1276
Liability of carrier for wrongful arrest of passenger by carriers
1284
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
Statutory regulation 1148
1346
Duty to furnish passengers with food and other necessaries 1156
1352
Same subjectDuty in respect of women and children 1162
1358

Common terms and phrases

Popular passages

Page 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.
Page 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...
Page 659 - We do not say that there may not be other matters to be regarded in estimating the value of the property.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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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