Copyright
Thomas Johnson Michie.

A treatise on the law of carriers (Volume 1) online

. (page 1 of 245)
Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 1) → online text (page 1 of 245)
Font size
QR-code for this ebook


BOOK



Co/



LAW BMKS




THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

SCHOOL OF LAW



A TREATISE



ON THE LAW OF



CVRI^IERS



BV THE

EDITORIAL STAFF OF THE MICHIE COMPANY

UNDER THE SUPERVISION OF

THOMAS JOHNSON MICHIE



Volume I



The Michie Company, Law Publishers

Charlottesville, \'a.

1915



lA5e^'l c-



Copyright, 1915

BY

The Michie Company



Table of Contents






VOLUME I

PART I
CARRIERS GENERALLY



CHAPTER I.

Who Are Carrikks.

I. Common Carriers Defined, § 1.
II. Common Carriers and Private Carriers Distint,'uished, § 2.
II. Persons and Corporations Who Are Common Carriers, §§ 3-1!

A. Railroad Companies, § 3.

B. Owners of Spur Lines or Switches, § 4.

C. Sleeping Car Companies, § 5.

D. Street Railways, § 6.

E. Express Companies, § 7.

F. Transportation and Forwarding Companies, § 8.

G. Proprietors of Stage Coaches, § 9.

H. Proprietors of Omnibuses and Baggage Wagons, S 10.
I. Draymen and Truckmen, § 11.
J. Telegraph and Messenger Companies, § 12.
K. Transfer and Storage Companies, § 13.
L. Livery Stable Keepers, § 14.
M. Mail Contractors, § 15.

N. Owners of Ships Carrying Goods for Hire, § It).
O. Ferrymen, § 17.
P. Boats Engaged in Towing, § 18.



CHAPTER II.

Control -vnd Regulation.

I. Power to Control and Regulate in General, §§ 19-24.

A. Carriers in General, § 19.

B. Railroad Companies, § 20.

C. Express Companies, § 21.

D. Delegation of Power. §§ 22-24.

a. In General, § 22.

b. To Municipal Corporations, § 23.

c. To Commissions, § 24.

II. Companies, Persons, or Instrumentalities Affected by Regulations, §§ 25-28.
A. In General, § 25.



6GV611



Yy tablK of contents.

B. Railroad Companies, § 2G.

C. Street Railroad Companies, § 27.

D. Express Companies, § 28.

III. Licenses and Taxes, § 29.

IV. Reports and Statements. § 30.

V. Conduct of Business in General. §§ 31-34.

A. Common Carriers in General. § 31.

B. Railroad Companies, § 32.

C. Business of Transmitting Money to Foreign Countries, § 33.

D. Hackman and Draymen, § 34.
\"L Charges, §§ 35-95.

A. In General, §§ 35-84.

a. Power to Regulate, §§ 35-79.

(1) In General, § 35.

(2) Delegation of Power. §§ 36-37.

(a) To a Commission, § 36.

(b) To a Municipal Corporation, § 37.

(3) Classification of Railroads for Purposes of Regulations, §§ 38-39.

(a) Right to Classify, § 38.

(b) Mode of Classification, § 39.

(4) Limitation of Power, §§ 40-72.

(a) Reasonableness of Regulations, §§ 40-67.
aa. Regulations Must Be Reasonable, § 40.
bb. Mode of Determining Reasonableness, §§ 41-67.

(aa; That Carrier Has Performed Services for Rate Fixed Not Sole

Criterion, § 41.
(bb) Carrier Entitled to Fair Return on Investment, §§ 42-49.
aaa. In General, § 42.

bbb. Mode of Determining Value of Property or Investment, §§
43-49.
(aaa) In General, § 43.

(bbb) Fictitious Capitalization or Excessive Bonded Debt, § 44.
(ccc) Sworn Return of Value of Property Made for Purposes of

Taxation, § 45.
(ddd) Value of Franchise, § 46.
(eee) Consolidated Corporation — Value of Assets of Constituent

Corporations, § 47.
(fff) Part of Railroad within State to Be Regarded in Its Rela-
tion to Part without State, § 48.
(ggg) Road Purchased at Foreclosure Sale and Reorganized, § 49.
(cc) Carrier Entitled to Earn Interest upon a Valid Bonded Debt, § 50.
(dd) Ascertaining Cost of Doing Business or of Operating Road, § 51.
(ee) Consideration of Net Earnings in Determining Reasonableness of
Rates Prescribed, §§ 52-54.
aaa. Net Earnings Must Be Sufficient to Pay Fair Return on Invest-
ment, § 52.
bbb. Mode of Computing Net Earnings and What They Include, § 53
ccc. Earnings of Entire Road to Be Regarded, § 54.
(ff) Interstate Business to Be Disregarded, § 55.
(gg) Economic Factors and Natural Advantages of Localities May Be

Considered, § 56.
(hh) Equality of Rates for Like Service, § 57.
(ii) Adoption of Rates Given by Carrier to Certain Shippers, § 58.
(jj) Accessibility of a Place to High Seas as Aflfecting Rates, § 59.
(kk) Betterments and Replacements Should Be Considered, § 60.



TABLE OF COXTKNTS. V

(11) Passenger Traffic Considered as Separate and Independent from
Freight Traffic, § <J1.
(nun) Ivevcnue 'I'hat Has Been Derived from Rate under Consideration,

(nn) ICi'fcct of Several Sovereignties Being Interested, § 03.
(oo) Apportioning Value of Property and Expenses, §§ 04-65.

aaa. Necessity for Apportionment, § 04.

bbb. Method of Apportionment. § 05.
(pp) Line of Railroad Operated in Connection with Other Lines, § 06.
(qq) Mode of Arriving at Effect of Statutes Reducing Rates. § 07.

(b) Due Process of Law, § 08.

(c) Equal Protection of Laws, § 09.

(d) Taking Private Property without Just Compensation. § 70.

(e) Discrimination against Carrier in I-'avor of Certain Individuals, § 71.
(f) Limitations u]ion Power of a Municipality to Reduce Street Railroad

Fares, § 7:3.

(5) Exemption from Regulation l)y Charter or Statute. §§ 73-78.

(a) In General, § 73.

(b) Necessity for Positive and Clear Words of Exemption. §§ 74-75.
aa. Doctrine Stated, § 74.

bb. Doctrine Illustrated, § 75.

(c) Succession to Rights of Company Entitled to Exemption, §§ 70-78.
aa. Purchase, § 70.

bl). Lease, § 77.

cc. Consolidation, § 78.

(6) Loss of Power by Abandonment or Nonuser, § 79.
b. Scope and Effect of Regulations, §§ 80-84.

(1) To Whom or to What Business or Route Regulations Are Applicable, § 80.

(2) Obligations Imposed on Carriers, § 81.

(3) Measure of Compensation Allowed, § 82.

(4) Regulations Will Not Be Construed to Be Retroactive, § 83.

(5) When a Statute Will Be Construed as Impliedly Repealing a Prior Stat-

ute, § 84.

B. Posting Schedules at Stations, § 85.

C. Local and Through Rates. § 86.

D. Long and Short Hauls, § 87.

E. Joint Tariff between Two or More Roads. § 88.

F. Transfers to Connecting Lines of Same Company, § 89.

G. Conditions in Grant of Franchise and Agreements with Municipalities, §§ 90-95.

a. Authority to Impose Conditions or to Make Agreements, § 90.

b. Change of Rates of Fare Fixed l)y Franchise or Agreement, § 91.

c. Effect of Acceptance by Carrier of Location Granted by Municipality, § 92.

d. Conditions and Agreements Contrued, § 93.

e. Waiver of Right to Charge More than Amount Stipulated in Franchise. § 94.
f. Acquisition by Sale or Consolidation of a Railway Company Having a Con- .

tract with a Municipality, § 95.
VII. Preferences and Discriminations, §§ 90-lOS.

A. The Common-Law Doctrine, § 90.

B. Standard Measure of Uniformity in Rates. § 97.

C. Power to Prohibit Preferences and Discriminations. § 98.

D. Power of Legislature to Permit Discrimination, § 99.

E. Construction of Constitutional and Statutory Enactments and Commission

Orders Forbidding Preferences or Discriminations, § 100.

F. Who Are Common Carriers within the Rule Prohibiting Discrimination. § 101.

G. What Constitutes an Unlawful Preference or 'Discrimination. § 102.
H. What Circumstances Will Justify Discrimination. §§ 103-lOS.



VI TABLE OF CONTENTS.

a. Business of Carrier Unusually or Unexpectedly Heavy, § 103.

b. Difference in Conditions under Which Shipment Is Made, § 104.

c. Through Rates and Local Rates, § 105.

d. Competition with Other Carriers, § 106.

e. Unusual Traffic Conditions Attending upon a General Coal Strike, § 107.

f. Cost of Mining Coal to Company in Whose Favor Discrimination Is Made,

§ 108.
\TII. Places of Stoppage, § 109.

IX. Receipt and Transportation of Freight and Passengers, § 110.
X. Exclusive Privileges. §§ 111-114.

A. To Express Companies, § 111.

B. To Corporations or Individuals Engaged in Transporting Passengers and

Baggage to and from Railroad Depots, § 112.

C. To Ships Using a Wharf of Dock Constructed by a Railroad Company, § 113.

D. To the Use of a Switch Track, § 114.

XI. Connections with and Facilities to Other Carriers, §§ 115-129.

A. In General, § 115.

B. Joint Running Arrangements, § 116.

C. Connection between Roads or Trains, §§ 117-118.

a. Power to Require, § 117.

b. Character of Requirements, § 118.

D. Use of Terminals, § 119.

E. Reception, Transportation and Delivery of Cars, Passengers and Freight, §§

120-123.

a. Rule at Common Law, § 120.

b. Power to Require, § 121.

c. Construction of Requirements, § 122.

d. Excuses for Refusal or Neglect to Perform Duty. § 123.

F. Moving or Switching Cars from a Connecting Line, § 124.

G. Facilities and Accommodations to be Furnished by Railroad Companies to Ex-

press Companies, § 125.
H. Discrimination in Favor of One of Several Connecting Carriers, §§ 126-128.

a. Duty to Give Like Through Rates to All Connecting Carriers, § 126.

b. Discrimination as to Interchange of Business, § 127.

c. Discrimination as to Prepayment of Freight Charges, § 128.
I. Transfers between Street Railroad Companies, § 129.

XII. Use of Carrier's Premises and of Street or Premises Adjacent Thereto, §§ 130-132.

A. Exclusion of Persons in General, § 130.

B. Regulations for Conduct of Persons, § 131.

C. Rights of and Restrictions upon Individuals or Corporations Engaged in Trans-

porting Passengers or Baggage, § 132.

XIII. Free Transportation to Police Officers, § 133.

XIV. Combinations of Carriers, § 134.

XV. Proceedings to Enforce or to Prevent Enforcement of Regulations, §§ 135-173.

A. Right of vState to Insist on Compliance with Regulations, § 135.

B. Judicial Supervision and Remedies in General, §§ 136-159.

a. Scope of Judicial Supervision, §§ 136-137.

(1) In General, § 136.

(2) As to Rates, § 137.

b. Right to and Mode of Obtaining Relief, §§ 138-141.

(1) In General, § 138.

(2) Relief against Unreasonable Rates, §§ 139-141.
(a) Relief to Carrier, §§ 139-140.

aa. Rates Fixed by Legislature, § 139.
bb. Rates Fixed by Commission. § 140.



TABLE OF CONTENTS. VII

(h) Relief to Public. § 141.

c. Scope of Inquiry, § 142.

d. What Commission Orders Will Be Enforced, § 143.
€. Revival of Causes of Action, § 144.

f. Procedure and Evidence, §§ 14.5-159.

(1) Procedure in General, § 145.

(2) Jurisdiction, § 14G.

(3) Parties, §§ 147-148.

(a) By Whom Suit May Be Brought, § 147.

(b) Who Are Proper Parties, § 148.

(4) Intervention, § 149.

(5) Pleading, §§ 150-152.

(a) Petition, § 150.

(b) Demurrer, § 151.

(c) When Pleadings Make the Taking of Testimony Unnecessary, § 152.

(6) Evidence, § 153-157.

(a) Presumptions and Burden of Proof, §§ 153-156.
aa. In General, § IS.'].

bb. As to Rates, §§ 154-155.

(aa) Rule Stated, § 154.

(bb) How Presumption May Be Overcome, § 155.
cc. In Proceedings against a Carrier for Contempt, § 156.

(b) Admissibility, § 157.

(7) Judgment, § 158.

(8) Procedure upon Review of Orders or Decisions of a Commisssion, § 159.
C. Injunction, §§ 160-173.

a. When and against Whom Injunction Will Lie. §§ 160-166.

(1) Injunction against Action by a State Commission, § 160.

(2) Injunction to Restrain Wrongful and Discriminatory Acts by a Carrier,

§ 161.

(3) Injunction to Restrain a Carrier from Charging Unlawful Rates, § 162.

(4) Injunction to Compel Transportation at Rate Fixed by Law, § 163.

(5) Injunction to Compel Carrier to Furnish Impartial Service, § 164.

(6) Injunction to Compel Carrier to Stand Cars in Front of a Shipper's

Property, § 165.

(7) Injunction to Restrain Persons from Soliciting Business in or Near a

Railroad Station, § 166.

b. Procedure and Evidence, §§ 167-173.

(1) Jurisdiction, § 1G7.

(2) Parties, § 168.

(3) Pleading— Petition. Complaint, or Information. § 169.

(4) Evidence — Presumptions and Burden of Proof. § 170.

(5) Reference to a Master, § 171.

(6) Laches, § 172.

(7) Decree, § 173.

X\'I. Damages for Violations of Regulations, §§ 174-lSO.

A. Power of Legislature. § 174.

B. When an Action Will Lie. §§ 175-177.
a. In General, § 175.

1). Failure to Stop at Station. § 176.
c. Overcharge or Discrimination. § 177.

C. Measure of Damages, § 178.

D. Limitation of Actions, § 179.

E. Petition or Complaint. § 180.

X\'II. Penalties for \iolations of Regulations. §§ 181-275.



VIII TABLE OF CONTENTS.

A. In General, § ISl.

B. Overcharge and Discrimination, §§ lS2-19(i.

a. Power to Impose Penalty, § 182.

b. Construction of Statutes Imposing Penalties, § 183.

c. Repeal of Statutes Imposing Penalties, § 184.

d. Conditions Precedent to Right of Action for Penalty, § 185.

e. Who May Recover Penalty, § 186.

f. For What Acts Penalty Is Imposed, § 187.

g. Unit of Measurement in Determining What Is an Overcharge, § 188.
h. Number of Penalties Recoverable, § 189.
i. Amount of Penalty, § 190.

j. What Questions May Be Raised in Action for Penalty, § 191.
k. Defenses, §§ 192-195.

(1) Rates Charged No Higher than Those Fixed by Railroad Commission,

§ 192.

(2) Mistake, § 193.

(3) Facts Not Constituting a Defense, § 194.

(4) Estoppel to Set Up Defense, § 195.

1. Two Penalties — Effect of Enforcement of One, § 196.

C. Refusal to Transport Passengers, § 197.

D. Refusal to Sell Mileage Tickets at Reduced Rates, § 198.

E. Refusal to Furnish Passenger Tickets Granting Stop-Over Privileges, § 199.

F. Refusal to Give a Transfer, § 200.

G. Refusal to Sell Passenger Tickets of a Connecting Carrier, § 201.

H. Failure to Affix Check to Baggage and to Deliver Duplicate to Passenger, § 202.
I. Refusal to Redeem Unused Passenger Tickets, § 203.
J. Failure to Post Schedules of Rates, § 204.
K. Failure or Refusal to Receive or Transport Freight, §§ 205-210.

a. Statute Imposing Penalty Does Not Limit Carrier's Common-Law Liability,

§ 205.

b. Who May Recover Penalty, § 206.

c. When Penalty Will Be Imposed, § 207.

d. Number of Penalties Recoverable, § 208.

e. Tender and Refusal, § 209.

f. Defenses, § 210.

L. Refusal to Give Shipper a Proper Bill of Lading, § 211.

M. Delay in Shipment or Transportation of Freight, §§ 212-220.

a. Power to Impose Penalty, § 212.

b. Who May Recover Penalty, § 213.

c. In What Cases Penalty Is Imposed, § 214.

d. Time within Which Freight Must Be Transported, § 215.

e. When Transportation Terminates, § 216.
f. Defenses, § 217-220.

(1) Failure to Prepay Charges, § 217.

(2) Notice to Shippers of Conditions Causing Delay, § 218.

(3) Sunday Laws, § 219.

(4) Estoppel to Set Up Defense, § 220.

N. Failure to Give Notice of Arrival of Freight to Consignee, § 221.

O. Refusal to Deliver Freight or Express Matter to Consignee, §§ 222-226.

a. Constitutionality of Statute Imposing Penalty, § 222.

b. Statute Imposing Penalty Not Merely in Aid of Common Law, § 223.

c. Where Delivery Must Be Made, § 224.

d. Conditions Precedent to Recovery of Penalty, § 225.

e. Number of Penalties Recoverable, § 226.

P. Failure of Consignee to Unload Cars within a Prescribed Time, § 227.



TARLR OP CONTENTS. IX

O. Failure to Stop at Station, § 228.

R. Failure to Furnish or Delay in Furnishing Cars, § 229-234.

a. Constitutionality of Statutes Imposing Penalties, § 229.

b. Statutes Imposing Penalties Strictly Construed. § 230.

c. Powers and Duties of Railroad Commissions, § 231.

d. Application for Cars, § 232.

e. Places at Which Cars Must Be Furnished, § 233.
f. Defenses, § 234.

S. Failure to Pay or .A.djust Claims, §§ 235-247.

a. Power to Impose Penalty, § 235.

b. Existence of Statutory Conditions Essential to Imposition of Penalty, § 236.

c. Who May Recover Penalty, § 237.

d. Where and When Cause of Action .Arises, § 238.

e. Necessity of Filing Claim, and witli Whom It May Be Filed, § 239.

f. Sufficiency of Claim, § 240.

g. Place of Payment of Claim, § 241.
h. Who Is Liable for Penalty, § 242.

i. Immaterial in What Alanner Loss Was Caused, § 243.
j. Amount of Penalty, § 244.

k. What One Claiming Penalty Must Show, § 245.
1. Defenses, §§ 246-247.

(1) Amount Recoverable by Claimant as Affecting Right to Penalty, § 246.

(2) Efifect of Voluntary Payment of Claim after Time Limited, § 247.
T. Failure to Make Annual Reports. § 248.

U. Procedure and Evidence, §§ 249-275.

a. Venue, § 249.

b. Time within W'hich Action Must Be Brought, § 250.

c. Parties— By Wliom .'\ction May Be Brought, § 251.

d. Pleading, §§ 252-263.

(1) Declaration, Petition, or Complaint, §§ 252-259.

(a) In General, § 252.

(b) Necessary Allegations, §§ 253-258.

aa. In Actions for Penalty for Overcharge, §§ 25:'-254.
(aa) Overcharge in Passenger Rates, § 253.
(bb) Overcharge in Freight Rates, § 254.
bb. In actions for Penalty for Unjust Discrimination between Shippers,

§ 255.
cc. In Actions for Penalty for Refusal to Receive or Transport Freight.

§ 256.
dd. In Actions for Penalty for Delay in Transportation of Freight, § 257.
ee. In Actions for Penalty for Failure to Furnish Double Decked Cars
for Sheep, § 258. •»

(c) Unnecessary Allegations May Be Rejected as Surplusage, § 259.

(2) Answer— Sufficiency. §§ 260-263.

(a) In Actions for Penalty for Overcharge, § 260.

(b) In Actions for Penalty for Unlawful Discrimination in Rates. § 261.

(c) In Actions for Penalty for Delay in Transportation of Freight. § 262.

(d) In Actions for Penalty for Failure to Furnish Cars. § 163.

e. Evidence. § 264-272.

(1) Presumptions and Burden of Proof, §§ 264-267.
(a) In Actions for Penalty for Overcharge. § 264.
(h) In .\ctions for Penalty for Discrimination in Rates, § 265.

(c) In Actions for Penalty for Failure to Receive and Transport Freight,

§ 266.

(d) In Actions for Penalty for Delay in Transportation of Freight. § 267.



X TABLi; OF CONTEXTS.

(2) Admissibility, § 26S-271.

(a) In Actions for Penalty for Overcharge, § 268.

(b) In Actions for Penalty for Discrimination in Rates, § 269.

(c) In Actions for Penalty for Delay in Transportation of Freight, § 270.

(d) In Actions for Penalty for Failure to Furnish Cars, § 271.

(3) Weight and Sufficiency, § 272.

f. Questions of Law and Fact, §§ 273-274.

(1) In Actions for Penalty for Discrimination in Freight Rates, § 273.

(2) In Actions for Penalty for Delay in Transportation of Freight, § 274.

g. Instructions, § 275.

XVIII. Offenses by Carriers or Their Agents, §§ 276-292.

A. In General, § 276.

B. Overcharge or Discrimination, § 277.

C. Carrying More than a Prescribed Number of Passengers, § 278.

D. Failure to Deliver Express Matter to Consignee, § 279.

E. Negligence Causing Death or Injury, §§ 280-282.

a. In General, § 280.

b. Who May Be Prosecuted, § 281.

c. Defenses, § 282.

F. Indictment, §§ 283-286.

a. Conditions Precedent to Indictment, § 283.

b. Necessary Allegations, § 284.

c. Effect of Unnecessary Allegations, § 285.

d. Offenses Covered by Indictment, § 286.

G. Trial, §§ 287-292.

a. Jurisdiction, § 287.

b. Evidence, §§ 288-290.

(1) Presumptions and Burden of Proof, § 288.

(2) Admissibility, § 289.

(3) Weight and Sufficiency, § 290.

c. Questions of Law and Fact, § 291.

d. Charge, § 292.

XIX. Offenses by Persons Dealing with Carriers or LTsing Their Conveyances, §§

293-298.

A. In General, § 293.

B. Sale of Passenger Tickets by Brokers, § 294.

C. Acceptance and Use of a Pass, § 295.

D. Stealing or Attempting to Steal a Ride on Railroad Trains, § 296.

E. Obstructing Train and Endangering Safety of Passengers, § 297.

F. Indictment, Accusation, or Complaint, § 298.



CHAPTER III.

Rules and Regulations of Carriers.

I. Scope of Treatment, § 299.
II. Carriers of Goods, §§ 300-306.

A. General Statement, § 300.

B. Particular Rules and Regulations, § 301.

C. Changing or Modifying, § 302.

D. Operation and Effect as to Carrier, § 303.

E. Duty of Agents to Enforce, § 304.

F. Waiver of Regulations, § 305.

G. Proof of Regulations, § 306.



TAHLK OP COXTliXTS. XI

III. Carriers of Passengers, §§ 307-332.

A. Right to Make and Enforce Rules and Regulations, §§ 307-318.

a. In General, §§ 307-311.

(1) General Rule. § 307.

(2) Soliciting Business in Cars, § 308.

(3) Use of Station Premises by Local Carriers and Others, § 309.

(4) Tickets and Fares, § 310.

(5) Enforcement of Rules and Regulations, § 311.

b. Must Be Reasonable, § 312.

c. Must Not Be Contrary to Law, § 313.

d. Must Not Discriminate, § 314.

e. Their Reasonableness as Question of Law, § 315.

f. Their Reasonableness as Mixed Question of Law and Fact, § 31G.

g. Their Reasonableness Question for Jury, § 317.
h. Their Sufficiency Is Question for Jury, § 318.

B. Notice of Rules and Regulations, §§ 319-323.

a. Passenger's Contract Rights Not Affected by Rules of Which He Was Not

Cheargeable with Notice, § 319.

b. Duty of Passenger to Inform Himself of Existence of Rules, § 320.

c. Sufficiency of Publication or Notice, § 321.

d. Bound by Rules of Which He Was in Ignorance, § 322.

e. Rules for Conduct of Carrier's Employees, § 323.

C. Enforcement of Rules and Regulations, §§ 324-326.

a. Enforcement Must Be Reasonable, § 324.

b. Ejection of Passengers, § 325.

c. Enforcement l)y Punishing Prior Breach, § 326.

D. Waiver of Rules and Regulations, §§ 327-328.

a. Habitual Failure to Enforce, § 327.

b. Passenger's Duty to Conform to Rules as Affected Ijy Lack of Fidelity in

Enforcing, § 328.

E. Contributory Negligence of Passenger in Note Conforming to Rules and Reg-

ulations, § 329.

F. Carrier Bound by Its Own Rules. §§ 330-332.

a. In General, § 330.

b. Rules Not Required by Law, § 331.

c. Rules Requiring More of Carrier than Law. § 332.



PART II
CARRIERS OF GOODS



CHAPTER I\'.

Duty to Ri-:ceivi-: and Carry.

I. General Statement and Explanation of Rule, § 333.
II. Duty to Furnish Shipping Facilities and Means of Transportation, §§ 334-341.

A. In General, § 334.

B. Notice to Carrier, §§ 335-338.

a. Time of Notice, § 335.



XII TABLE OF CONTENTS.

b. Requisites and Sufficiency of Demand. § 336.

c. To Whom Given, § 337.

d. Specifying Condition and Danger of Goods, § 338.

C. Place of Furnishing Cars, § 339.

D. Goods Ready for Shipment, § 340.

E. Adequacy of Facilities, § 341.
III. Discrimination. §§ 342-355.

A. Right to Discriminate Generally, § 342.

B. Discrimination in Facilities and Cars, §§ 343-348.

a. In General. § 343.

b. Discrimination in Favor of One of Several Connecting Carriers, § 344.

c. Preference in Delivery and Distribution of Cars. § 345.

d. With Respect to Use of Tracks, §§ 346-347.
(1) In General. § 346.

(3) With Respect to Spur Tracks. Switches and Belt Lines. § 347.

e. Discrimination in Switch and Trackage Charges, § 348.

C. Preference to Shipper in Order of Forwarding Goods, §§ 349-350.

a. In General, § 349.

b. Booking Freight, § 350.

D. Remedies for Discrimination, §§ 351-355.

a. Form of Action, §§ 351-353.

(1) Injunction and Mandamus, § 351.

(2) Quo Warranto. § 352.

(3) Action at Law. § 353.

b. Evidence, § 354.

c. Damages, § 355.

IV. Tender and Refusal. §§ 356-359.

A. In General, § 356.

B. Authority to Tender, § 357.

C. Authority to Receive Freight and Make Contracts, § 358.

D. Place and Time of Offer for Transportation. § 359.
V. Payment or Tender of Charges. § 360.

\'I. Time and Order of Shipment. § 361.
\'II. Character of Goods Tendered for Shipment, § 362.
\III. Condition and Prepartion of Goods Tendered, § 363.
IX. Private Owned Trains or Cars, § 364.

X. Shipment C. O. D., § 365.
XI. E.xceptional Causes Justifying Failure or Refusal. §§ 366-374.

A. General Statement, § 366.

B. Absence of Requisite Conveniences or Capacity, § 367.

C. Unusual Press of Business, §§ 368-371.

a. In General, § 368.

b. Discrimination or Granting Privileges, § 369.

c. Duty to Advise Shipper of Delay, § 370.

d. Carriers "Embargo," § 371.

D. Causes beyond Carrier's Control, § 372.

E. Failure of Shipper to Insure, § 373.

F. Customs and Habits of Dealing. § 374.

XII. Right to Discontinue Service to Shipper, § 375.

XIII. Destination of Goods as Affecting Duty, § 376.

XIV. Duty as to Express Companies, § 377.
XV. Enforcement of Duty. §§ 378-379.

A. By Injunction, § 378.

B. By Mandamus, § 379.
XVI. Action for Refusal, §§ 380-382.



TAIiLK OF COXTKXTS. XIII



A. Right of Action, § 380.

B. Procedure, § 381.

C. Damages, § 382.



Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 1) → online text (page 1 of 245)