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Thomas Johnson Michie.

A treatise on the law of carriers (Volume 4) online

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4049.
Effect of failure to surrender

pending freight, p. 4049.
In general, p. 4047.
Particular vessels, p. 4048.
Total loss of vessel, p. 4049.
Transfer of interest to trustee or
appraisement and payment
into court of value, p. 4048.
Waiver of right, p. 4056.
Waters, vessels and interests to

which applicable, p. 4053.
What constitutes vplne of ship and
freight, p. 4050:



INDEX.



4105



CARRIER AS WAREHOUSEMAN,

cont'd.
Limited liability act, cont'd.

What constitutes value of ship and
freight, cont'd.
Damages for loss of vessel in

collision, p. 4052.
Deduction for expenses of voy-
age, p. 4053.
Expenses *of salvage and al-
lowance for risk of undertak-
ing, p. 4053.
Freight and passenger money

estimated, p. 4050.
Freight earned by other vessels
on through shipment, p. 4052.
Insurance, p. 4052.
Point of time at which value

taken, p. 4050.
Ship subsidy money, p. 4052.
Substitution of another vessel,

p. 4053.
What constitutes earnmgs of
voyage, p. 4051.
Loading goods, p. 3888.
Loss or injurv to goods, pp. 768, 3897:
Act of God. p. 3898.
Acts of employees or third persons,

p. 3914.
Commencement and termination of

liability, p. 3901.
Damages:

See infra. "Damages."
Delay, p. 3902.
Deviation, p. 3902.
Duties after injury or disaster, p.

3914.
Efifect of insurance, p. 3915.
Estoppel to deny liability to deliver

in good order, p. 3915.
Fault of shipper or owner, p. 3901.
General rules, p. 3897.
Humidity and dampness of ship, p.

3900.
Inherent infirmities of property, p.

3901.
Tettison, p. 3899.
Liability as insurer, p. 3897.
Losses during .loading of goods, p.

3903.
Loss or injury after discharge, p.

3913.
Loss or injury during discharge, p.

3912.
Navigation of vessel, p. 3911.
Negligence in discharging or in car-
ing for goods after discharge, p.
3912.
Persons and vessels liable, p. 3915.
Presumptions and burden of proof,

p. 3920.
Public enemy, p. 3898.
Seizure under legal process, p. 3900.
Stovva<Tc of goods, pp. 3903, 3910:
Custom or usage, p. 3906.
Degree of care required, p. 3905.
Dunnage, p. 3906.
Genera! rules, p. 3903.
Perils of the sea, pp. 3905, 3906.
Stowage on deck, p. 3905.



CARRIER AS WAREHOUSEMAN,

cont'd.
Loss or injury to goods, cont'd.

Unseaworthiness or unfitness of ves-
sel:
Definition, p. 3907.
General rules, p. 3907.
Improper stowage or overload-
ing, p. 3910.
Incompetency or insufficiency of

crew, p. 3910.
Inspection, p. 3909.
Must be seaworthy for particu-
lar cargo, p. 3907.
Must be seaworthy for particu-
lar voyage, p. 3907.
Navigation of vessel, p. 3911.
Proximate cause of injury, p.
3910.
Maritime liens:

See infra, "Lien for Freight;"
"Lien of Shipper against Ves-
sel."
Negligence:

See infra, "Loss or Injury to
Goods;" "Personal Injuries."
Notice of arrival of goods, p. 3893.
Notice of loss and presentation of claim,

pp. 4028, 4035.
Parol evidence, p. 3925.
Passengers:

See infra, "Carriage of Passengers."
Penalties and forfeitures, p. 4012.
Perils of sea. navigation, lakes, rivers,
etc., p. 4020:
Collisions, stranding, obstructions

of navigation, p. 4021.
Damage by sea water, p. 4020.
"Dangers of lake navigation," p.

4020.
Explosions, p. 4021.
Fire, p. 4021.
In general, p. 4020.
Jettison, p. 4021.
Leakage, p. 4020.
Negligence of carrier or servants,

p. 4023.
Storms, p. 4022.
Perils of the sea, pp. 3905, 3906:

Evidence as to sea perils, p. 3929.
Presumptions and burden of proof,
p. 3921.
Personal injuries:

Accommodations, p. 3983.
Acts in emergency, p. 3993.
Acts of other passengers, p. 3991.
Admissibility of evidence, p. 3999.
Assumption of risk, p. 3995.
Care of docks and passage ways, n
3990. ^

Competency of evidence, p. 3999.
Consequences not reasonably an-
ticipated from act, p. 3988.
Contributory negligence, pp. 3995,

4003.
Damages, p. 4006.
ICIcction to continue vovage against

advice of pilot, p. 3993.
Evidence, p. 3997.
In general, p. 3987.



4106



INDEX.



CARRIER AS WAREHOUSEMAN,

cont'd.
Personal injuries, cont'd.
Instructions, p. 4004.
Intoxicated passenger, p. 3992.
Landing or discharge of passengers,

p. 3994.
Last clear chance, pp. 3996, 4004.
Liens, p. 400G.

Limitations of liability, p. 4031.
Limited liability act, p. 4042.
Medical attention, p. 3993.
Negligence or misconduct of third
party contributing cause, p. 3991.
Obstructions on decks, p. 3990.
Officers and employees for whose
negligence liability attaches, p.
3993.
Personal injuries from want cf
proper accommodations, p. 3990.
Persons to whom duty to use care

owed, p. 3992.
Pleading, p. 3997.
Presumptions and burden of proof,

p. 3997.
Procedure, p. 3997.
Proceedings to limit liability, p.

4080.
Questions of law and fact, p. 4001.
Release of right of action, p. 3994.
"Res ipsa loquitur," p. 3998.
Special verdict, p. 4005.
Weight and sufficiency of evidence,

p. 4000.
With respect to machigery, appur-
tenances and crew, p. 3989.
Presumptions and burden of proof, p.
3920:
Act of God, p. 4017.
Cause of loss or injury to goods, ]>.

3920.
Demurrage, p. 3973.
In general, p. 3920.
Limitations of liability, p. 4030.
Personal injuries, p. 3997.
Proceedings to limit liability, p.

4080.
Seaworthiness, p. 4080.
Under a bill of lading acknowledg-
ing receipt of goods in good or-
der, p. 3921.
Privilege of booking ahead, p. 3863.
Proceedings to limit liability, p. 4071:
Admiralty cases, p. 4071.
Apportionment or distribution of
proceeds, p. 4084:
Both vessels in collision in fault,

p. 4084.
Collisions, one vessel at fault,

p. 4084.
Priority of claims of third par-
ties to that of owner of char-
tered vessel, p. 4085.
Right of owner to complain of
error in distribution, p. 4085.
Statutory provision, p. 4084.
Ascertainment of coexisting claims,

p. 4075.
Claims provable in proceedings to

limit, p. 4076.
Consolidation of suits, p. 4076.
Contesting all liability, p. 4075.



CARRIER AS WAREHOUSEMAN,

cont'd.
Proceedings to limit liability, cont'd.
Costs and expenses of administra-
tion, p. 4085.
Decree, p. 4083:

Allowing interest on appraised

value, p. 4083.
In general, p. 4083.
Reopening вАҐ decree to permit
other claimants to come in,
p. 4083.
Res adjudicata, pp. 4079, 4084.
Effect of institution of proceedings,
p. 4077:
Application of doctrine of res

adjudicata, p. 4079.
Bar to subsequent suit, p. 4079.
Burden of proof of seaworthi-
ness, p. 4080.
Duty of other courts to suspend

proceedings, p. 4078.
Effect on course of appeal, p.

4080.
Staying or restraining proceed-
ings in other courts, p. 4078.
Superseding other actions, p.
4077.
Evidence, p. 4080:

Admissibility of evidence, p.

4082.
Allowing interest on appraised

value, p. 4083.
Cross-examination of petitioner,

p. 4083.
Presumptions and burden of

proof, p. 4080.
Privity or knowledge of owner
of negligence of servants, p.
4081.
Reopening decree of permit
other claimants to come in, p.
4083.
Weight and sufficiency, p. 4082.
Forms and rules of procedure, p.

4071.
Jurisdiction, p. 4072.
Laches, pp. 4074, 4075.
Modes in which limited liability may

be claimed, p. 4075.
Nature of proceedings, p. 4071.
Pleading, p. 4080.
Presumptions and burden of proof,

p. 4080.
Process to bring vessel into court,

p. 4076.
Scope of remedy, p. 4075.
Time for filing claims, p. 4074.
Time of taking proceedings, p. 4074.
Venue, p. 4072.
Public enemy, p. 3899:
Demurrage, p. 3954.
Questions of law and fact, p. 3930:
Personal injuries, p. 4001.

Res adiudicata:

Proceedings to limit liability, pp.
4079, 4084.
Restraints of princes, rulers, or people,

p. 4028.
Seaworthiness, p. 3907:

Certificate of seaworthiness, p. 3929.



INDEX.



4107



CARRIER AS WAREHOUSEMAN,

cont'd.
Seaworthiness, cont'd.

Condition precedent to relief af-
forded by Harter Act, p. 4061.
Condition precedent to right to limit

liability, p. 4043.
Contracts of affreightment, p. 3873.
Definition, p. 3907.
Evidence held to show unseaworthi-
ness of the vessel, p. 3928.
Evidence not showing unseaworthi-
ness, p. 3929.
Exceptions as to warranty of sea-
worthiness, p. 4023.
General rules, p. 3907.
Harter Act, p. 4061:

Affirmative proof of fact of sea-
worthiness, p. 4065.
What constitutes, p. 4062.
What constitutes due diligence
to make vessel seaworthy, p.
4063.
Improper stowage or overloading, p.

3910.
Incompetency or insufficiency of

crew, p. 3910.
Inspection, p. 3909.
Must be seaworthy for particular

cargo, p. 3907.
Navigation of vessel, p. 3911.
Presumptions and burden of proof,

pp. 3923, 4031, 4080.
Proximate cause of injury, p. 3910.
Short delivery, p. 3892.
Steamboats:

Carriers of passengers, p. 1487.
Stipulation as to amount or value of

cargo shipped, p. 3863.
Storms, p. 4022.
Stowage of goods:

See infra, "Loss or Injury to

Goods."
Presumptions and burden of proof,
p. 3922.
Strikes, p. 4027.
' Supersedeas and stay of proceedings:

Proceedings to limit liability, p.
4078.
Surrender of vessel and pending freight
or interest therein:
See infra, "Limited Lial)ility Act."
Taxation:

See "Taxation."
Taxation of passengers, p. 3566.
Tickets and fares, p. 397 8:
In general, p. 3978.
Limitations of liability:

Sec infra, "Limitations of Lia-
l)ility."
Operation and effect, p. 3979.
Performance or breach of contract,

p. 3979.
Rescission, p. 3979.
What constitutes contract and con-
sideration, p. 3979.
To whom delivery may be made, p. 3895.
Transshipping and forwarding, p. 3896.
Usages and customs:
Delivery, p. 3895.
Stowage of goods, p. 3906.



CARRIER AS WAREHOUSEMAN,

cont'd.

\alue:

What constitutes value of ship and
freight:
See infra, "Limited Liability
Act."
Venue:

Proceedings to limit liability, p.
4072.
Verdict:

Special verdict, p. 4005.
Voyage and discharge at destination, p.
3984:
Actions, p. 3986.
Damages and recovery of passage

money, p. 3987.
Duties and liabilities, p. 3985.
Warehousemen :

See infra, "Carrier as Warehouse-
man."
When liability commences, p. 3863.

CARRIERS OF GOODS, p. 206.

See "Carriers by Water;" "Carriers
of Live Stock."
Actions:

See "Actions."
Proceedings before interstate com-
merce commission:
See "Interstate and Foreign
Commerce."
Actions by and against carriers:

See "Title, Custody and Control of
Goods."
Baggage:

See "Baggage."
Bills of lading:

See "Bills of Lading."
Care required of carrier:

Carrier without hire, p. 725.
Carrier as warehouseman:

See "Baggage;" "Carrier as Ware-
houseman."
Charges:

See "Charges."
Interstate and foreign commerce:
See "Interstate and Foreign
Commerce."
Claim:

See "Notice of Loss and Presenta
tion of Claim."
Commerce:

See "Interstate and Foreign Com-
merce."
Connecting carriers:

See "Connecting Carriers."
Constitutional law:

See "Interstate and Foreign Com-
merce."
Contracts:

See "Contracts."
Control of goods:

Sec "Title, Custody and Control .jf
Gcjods."
Criminal law:

Sec "Criminal Law."
Custody:

See "Title, Custody and Control of
Goods."



4108



INDEX.



CARRIERS OF GOODS, confd.
Dead bodies:

See "Dead Bodies."
Delay in shipment -or transportation c-f
freight:
Penalty:

See "Penalties for Violations of
Regulations."
Delay in transportation or delivery:

See "Delay in Transportation
or Delivery."
Connecting carriers:

See "Connecting Carriers."
Delegation of duties by carrier, p. 780.
Delivery:

See "Delivery."
Delivery by carrier:

See "Delivery by Carrier."
Deviation:

See "Route and Deviation There-
from."
Diligence:

See "Loss or Injury to Goods."
Duty to furnish cars:

See "Duty to Receive and Carry."
Duty to receive and carry:

See "Duty to Receive and Carry."
Evidence:

Bills of lading:

See "Evidence."
Carrier as warehouseman, p. 917.
Contracts:

See "Contracts."
Delay in transportation or delivery:
See "Delay in Transportation or
Delivery."
Delivery by carrier:

See "Delivery by Carrier."
Evidence of delivery:

See "Delivery to Carrier."
Limitation of liability:

See "Limitation of Liability."
Loss or injury to goods:
See "Evidence."
Failure to furnish, or delay in furnish-
ing cars:
Penalty:

See "Penalties for Violations of
Regulations."
Facilities:

Duty imposer bv interstate com-
merce act, p. 3617.
Fraud and deceit:

Misrepresentation or concealment uf
nature or value of goods, p. 7.59.
Gratuitous carrier, p. 72.5.
Inherent infirmities to goods, p. 764.
Injury to goods:

See "Loss or Injury to Goods."
Insurance:

Obligation of carrier to jnsure, p.
777.
Interstate and foreign commerce:

See "Interstate and Foreign Com-
merce."
Liability:

See "Limitation of Liability."
Liability as warehouseman:

See "Carrier as Warehouseman."
Limitation of liability:

See "Limitation of Liability."



CARRIERS OF GOODS, cont'd.

Loading:

Goods improperly loaded, p. 758.
Loss or injury to goods:

See "Loss or Injury to Goods."
Negligence:

Limitation of liability:

See "Limitation of Liability."
Notice of arrival of freight to consignee:
Penalty for failure to give notice ^t
arrival, p. 155.
Notice of loss and presentation of claim:
See "Notice of Loss and Presenta-
tion of Claim."
Penalties for violations of regulations:
See "Penalties for Violations of Reg-
ulations."
Penalty for failure of consignee to un-
load cars within a prescribed time,
p. 157.
Penalty for failure or refusal to receive
or transport freight:
See "Penalties for Violations of
Regulations."
Perishable goods:

Icing perishable goods, p. 3630.
Preferences and discrimination:

See "Interstate and Foreign Com-
merce;" "Preferences and Dis-
crimination."
Presentation of claim:

See "Notice of Loss and Presents
tion of Claim."
Presumptions and burden of proof:

Presumption that goods properly
packed, p. 757.
Rebates:

See "Interstate and Foreign Com-
merce."
Reception of goods:

See "Duty to Receive and Carry."
Refusal to deliver freight or express
matter to consignee.
Penalty:

See "Penalties for Violations of
Regulations."
Route:

See "Route and Deviation There-
from."
Shipping receipts:

See "Shipping Receipts."
Special contracts:

See "Contracts."
Stoppage in transitu:

See "Stoppage in Transitu."
Switches:

Duty imposed by interstate com-
merce act, p, 3617.
Taxation:

See "Taxation." _
Termination of liability: ^

See "Carrier as Warehouseman.'
Title, custody and control of goods:
See "Title, Custody and Control of
Goods."
Tracing shipment:

Right to require carrier to trace
shipment, p. 1103.
Transportation and delivery by carrier:
See "Transportation and Delivery
by Carrier."



INDEX.



4109



CARRIERS OF GOODS, coufd.
Warehouseman:

Carrier as warehouseman:

See "Carrier as Warehouse-
man."
When liability commences, p. 266:
See "Delivery to Carrier."
What constitutes delivery and ac-
ceptance:
See "Delivery to Carrier."

CARRIERS OF LIVE STOCK, p. 12G0.
See "Carriers of Goods."
Actions, p. 1435:

Amendments, p. 1446.
Answer, p. 1447.
Burden of proof:

See infra, "Presumptions and
Burden of Proof."
Declaration, petition or complaint:
See infra, "Declaration, Petition
or Complaint."
Evidence:

See infra, "Evidence."
Issues raised by pleading, p. 1448.
Nature and form of action:

See infra, "Nature and Form of
Action."
Notice of loss and presentation of

claim, p. 1430.
Parties:

See infra, "Parties;" "Right of
Action."
Pleading, p. 1441.

Presumptions and burden of proof:
See infra, "Presumptions and
Burden of Proof."
Question for jury:

See infra, "Questions for Jury."
Right of action:

See infra, "Right of Action."
Time to sue and limitations, p. 1440.
Variance, p. 1449.
Act of God, pp. 1309, 1337.

Climatic conditions, p. 1338.

Floods, p. 1338.

Liability for loss arising from act

of God, p. 1337.
Negligent exposure to inclement

weather, p. 1338.
Where act of God could have been

anticipated, p. 1337.
Where carrier's negligence concurs,
p. 1338.
Agreed valuation:

Limitation of amount of liability and
agreed valuation:
See infra, "Limitation of Lia-
bility."
Amendments, p. 1446.
Amount:

Limitation of amount of lial)ility and
agreed valuation:
See infra, "Limitation of Lia-
l)ility."
Answer, p. 1447:

Notice of loss and presentation of
claim, p. 1431.
Bill of lading:

See "Bill of Lading."
Best and secondary evidence, p. 1461.



CARRIERS OF LIVE STOCK, cont'd.
Breach or refusal of carrier to perform

contract, p. 1385.
Burden of proof:

See infra, "Presumptions and Bur-
den of Proof."
Cars:

See infra, "Duty as to Cars;"
"Limitation of Liability."
Careless moving of cars, p. 1333.
Lial^ility for furnishing and repair-
ing cars, p. 1333.
Loss from size and mode of con-
struction of cars, p. 1368.
Loss resulting from defective cars,

p. 1368.
Requiring shipper to select or in-
spect cars, p. 1368.
Charges:

See "Charges."
Claim:

See "Notice of Loss and Presenta-
tion of Claim."
C. O. D., p. 1302.
Collision, pp. 1369, 1381.
Commerce:

See "Interstate and Foreign Com-
merce."
Common carriers, p. 1267.
Conflict of laws:

Limitation of liability, pp. 1361, 1365.
Notice of loss and presentation of
claim, p. 1409.
Connecting- carriers:

See "Connecting Carriers."
Constitutional law:

See "Interstate and Foreign Com-
merce."
Contracts:

See "Contracts."

See infra, "Special Contracts for
Transportation."
Contributory negligence:

Loss or injury caused by shipper, p.

1342.
Passenger accompanying live stock:
See "Contributory Negligence."
Questions of law and fact, p. 1478.
Dam^ses:

Damages for wrongful delivery, p.

1302.
Evidence:

Evidence admissible to show
damages sustained, p. 1462. _
Weight and sufficiency of evi-
dence, p. 1468.
Limitation of amount of liability and
agreed valuation:
See inf'-a, "Limitation of Lia-
bility."
Loss or iniury:

See infra, "Liability of Carrier
for Loss or Injury."
Damages for delay in transportation and
delivery, p. 1316:
Amount of damages, p. 1321.
Breach of agreement to furnish

cars, p. 1323.
Carrier having no notice of special

contract, p. 1324.
Death nf animals, p. 1321.



JllO



INDEX.



CARRIERS OF LIVE STOCK, coufd.
Damages for delay in transportation
and delivery, cont'd.
Difference in market value at des-
tination as measure, p. 1321.
Elements of damage, p. 1318.
Evidence, p. 1327.
Excessive damages, p. 1328.
Expenditures for keep of animals,

p. 1319.
Expenses incurred, p. 1319.
Instructions, p. 1327.
Interest, p. 1326.
Issues and proof, p. 1327.
Judgment, p. 1328.
Lialiility for damages, p. 1316.
Loss occurring after cattle out of

carrier's hands, p. 1316.
Measure, p. 1321.

Mitigation and discharge of dam-
age, p. 1326.
Pleading, p. 1326.
Proximate cause, p. 1316.
Refusal to receive shipment, p. 1323.
Refusal to sell at first opportunity,

p. 1322.
Remote or speculative damages, p.

1317.
Shipment for pasturage, p. 1324.
Shipment under contract, p. 1323.
Shipper under contract to deliver at

specified time, p. 1322.
Shrinkage in weight, p. 1320.
Special damages, pp. 1316, 1326:

Intention to sell on certain mar-
ket, p. 1316.
Knowledge of carrier's agent as
knowledge of carrier, p. 1317.
Necessary for notice of special

circumstances, p. 1316.
Notice of special circumstances,

p. 1316.
Pleading, p. 1326.
What constitutes notice, p. 1317.
Subsequent shipment to another

market, p. 1325.
Waiver of damages, p. 1317.
Weight and sufficiency of evidence,
p. 1327.
Declaration, petition or complaint, p.
1441:
Allegations as to consideration of

contract, p. 1445.
Allegations as to contracts, p. 1444.
Allegations as to negligence, p.

1445.
Allegations must be definite, p.

1442.
Alleging that defendant is a com-
mon carrier, p. 1442.
Amendments, p. 1446.
Averments as to damages sustained,

p. 1443.
Federal twenty-eight hour rule, p.

1444.
Language of petition or complaint
determining form of action, p.
1436.
Matters more properly coming from
defense, p. 1443.



CARRIERS OF LIVE STOCK, conty.
Declaration, petition or complaint, cont'd.

Necessity for alleging authority of
carrier's agent, p. 1445.

Necessity for setting out terms of
contract, p. 1444.

Notice of loss and presentation of
claim, p. 1430.

Stating cause of action, p. 1441.

Stating cause of action for delay
in shipment, p. 1442.

Statutes creating right of action, p.
1444.
Degree of care required, p. 1269:

Care during delay in transportation,
p. 1271.

Carriers by water, p. 1270.

Degree of care measurable by char-
acter of property, p. 1271.

Duty to furnish cars in general, p.
1271.

General rule, p. 1269.

Management of train, p. 1270.

Sprinkling hogs, p. 1271.

Where shipper accompanies ship-
ment, p. 1270.
Delay in transportation or delivery, p.
1303:
See "Delay in Transportation
or Delivery."

Acceptance for shipment, p. 1303.

Act of God, p. 1309.

Acts of owner, p. 1313.

Burden of proof, p. 1458.

Care during delay, p. 1271.

Carrier not insurer, p. 1304.

Carrier not insurer as to time, p.
1304.

-Damages:

See infra, "Damages for Delay
in Transportation and Deliv-
ery."
Decline in market, p. 1318.
Delay caused by act of God, public

enemy, etc., p. 1309.
Delay caused by negligence, p. 1304.
Delay caused by operation of law,

p. 1312.
Delay caused by strikes, p. 1313.
Delay not resulting in injury, p.

1309.
Delays incident to course of busi-
ness, p. 1310.
Diligence required of carrier, p.

1304.
Duty as to anticipating causes of
delay or effects thereof, p. 1308.
Duty of carrier on happening of

excusing cause, p. 1314.
Duty to inform shipper of neces-
sary'- delay, p. 1308.
Evidence, pp. 1461, 1468.
Excuses for delay, p. 1307:
Act of God, p. 1309.
Acts of owner, p. 1313.
Delay caused by act of God,

public enemy, etc., p. 1309.
Delay caused by operation of
law, p. 1312.



INDEX.



4111



CARRIERS OF LIVE STOCK, cout\L

Delay in transportation or delivery, cont'd.
Excuses for delay, cont'd.

Delay caused by strikes, p.

1313.
Delay not resulting in injury,

p. 1309.
Delays incident to course of

business, p. 1310.
Duty as to anticipating causes
of delay or effects thereof,
p. 1308.
Duty of carrier on happening

of excusing cause, p. 1314.
Duty to inform shipper of nec-
essary delay, p. 1308.
Illustrations, pp. 1307, 1308.
In general, p. 1307.
Inherent vices, p. 1311.
Knowledge of carrier, p. 1309.
Public enemy, p. 1309.
Stops for food, water and rest,

p. 1311.
Unusual rush of business or
want of facilities, p. 1310.
Failure to ship promptly, p. 130G.
General rule, p. 1303.
Implied obligation, p. 1303.
Inherent vices, p. 1311.
Injuries resulting from delay, p.

1303.
Knowledge of carrier, p. 1309.
Limitation of liability, p. 1370.
Nature of obligation, p. 1303.
Nature of shipment, p. 1304.
Particular instances of delay, p.

1306.
Public enemy, p. 1309.
Questions for jury, p. 1479.
Reasonable delay, p. 1303.
Reasonable diligence required, p.

1304.
Reasonable promptness, p. 1303.
Special contract, p. 1314.
Stops for food, water and rest, p.

1311.
Time not specified in contract, p.

1303.
Transportation within particular

time, p. 1303.
Unusual rush of business or want

of facilities, p. 1310.
Weight and sufficiency of evidence,

p. 1468.
What constitutes reasonal^le dili-
gence, p. 1305.
What is reasonable time, p. 1305.

Delivery:

Commencement of liability, p. 287.
Delivery l)y carrier, p. 1299:

See "Delivery by Carrier."
See infra, "Delay in Transpor-
tation or Delivery."
Care of stock where consignee is

absent, p. 1301.
Damages for wrongful delivery, p.

1302!
Delivering stock to stockyard, p.
33G3.



CARRIERS OF LIVE STOCK, cont'd.
Delivery by carrier, cont'd.

Excuses for failure to deliver, p.

1299.
Goods shipped C. O. D., p. 1302.
Liability for negligent delivery, p.

1333.
Misdelivery, p. 1302.
Necessity for personal delivery, p.

1299.
Notice to consignee, p. 1300.
Obligation similar to that of car-
rier of goods, p. 1299.
Place of delivery, p. 1300.
Time of delivery, p. 1299.
To whom delivery may be made, p.
1301.
Delivery to carrier:

vSee "Delivery to Carrier."
Derailment, pp. 1369, 1381.
Deviation:

Liabilit}^ for deviation, p. 1334.
Diligence :

See infra, "Delay in Transportation
or Delivery."
Disease:

Evidence, p. 1472.

Liability for exposing to disease, p.
1333.
Drover:

Duties to drover alighting at inter-
mediate stations to care for
stock, p. 1967.
Sudden jerks and jolts, p. 1990.
Drovers pass:

See "Passes."
Duress, pp. 1297, 1371.

Limitation of amount of liability
and agreed valuation, p. 1401.



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