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Thomas Johnson Michie.

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

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Duty as to cars, p. 1271.
Bedding, p. 1274.

Cars must be furnished within rea-
sonable time, p. 1276.
Cars must be suitable, p. 1272.
Character of car regulated by stat-
ute, p. 1274.
Duty to furnish cars, p. 1271.
Duty to place in particular position

in train, p. 1277.
Presence of owner, p. 1273.
Sufficient number of cars, p. 1272.
Losing cars the property of others
than carrier, p. 1275.
Duty as to loading and unloading, p.
1280:
See infra, "Duty to Provide
Stock Pens;" "Unloading,
Feeding and Watering Stock.-"
Delay in loading, p. 1281.
Duty to designate proper cars for

loading, p. ^1282.
Duty to furnish safe and suitable

facilities, p. 1282.
In general, p. 1280.
Duty to feed, water and rest, p. 1283:

See infra, "Unloading, Feeding
and Watering Stock."
General rule, p. 1283.
Intermingling stock, p. 12S().
Sprinkling stock, ])]). 1271, 1285.



4112



INDEX.



CARRIERS OF LIVE STOCK, cont'd.
Duty to feed, water and rest, cont'd.
Statutory regulation, p. 1286.
Where shipper has assumed duty,
p. 1286:
Duty to furnish suitable and

wholesome water, p. 1291.
Duty to furnish water, p. 1291.
Duty to provide suitable places
and facilities for feeding and
watering, p. 1289.
General rule, p. 1286.
Notice of desire to feed and
water, p. 1288.
Duty to provide stock pens, p. 1277:
Character of yards or pens re-
quired, p. 1279.
Extra charge for use of stockyards,

p. 1280.
In general, p. 1277.
Statutory regulation, p. 1278.
Sufficient number of pens, p. 1278.
Duty to receive and carry, p. 2-12:

See "Duty to Receive and

Carry."
See infra, "Duty as to Cars."
Live stock not properly loaded, p.
244.
Evidence, pp. 1450, 1459.

Admissibility of evidence in gen-
eral, p. 1459.
Admissibility of evidence under

pleadings, p. 1460.
Car infected with disease, p. 1472.
Contracts, p. 1467.
Damages, pp. 1462, 1468.
Degree of proof required, p. 1467.
Delay in transportation, pp. 1461,

1468.
Evidence admissible to show dam-
ages sustained, p. 1462.
Evidence as to negligence, p. 1465.
Failure to unload, feed, and water

live stock, p. 1473.
Limitation of liability:

See infra, "Limitation of Lia-
bility."
Market value, p. 1464.
Nature, condition and character of

animal injured, p. 1465.
Negligence, p. 1470:

Gross, willful or wanton negli-
gence, p. 1471.
Making prima facie case

against carrier, p. 1470.
Sufficiency of proof of negli-
# gence, p. 1470.

Notice of loss and presentation of

claim, pp. 1432, 1433.
Opinion evidence, p. 1461.
Secondary evidence, p. 1461.
Showing proximate cause of injury,

p. 1472.
Weight and sufficiency, p. 1467.
Expert and opinion evidence, p. 1461.
Feeding:

See infra, "Unloading, Feeding and
Watering Stock."



CARRIERS OF LIVE STOCK, cont'd.
Fires:

Presumptions and burden of proof,
p. 1455.
Floods, p. 1338.
Fraud, p. 1293:

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

Sprinkling, pp. 1271, 1285.
Inherent vice, pp. 1268, 1311, 1339:
General rules, p. 1339.
Illustrations, pp. 1339, 1340, 1341.
Injury resulting from inherent vice,,
propensities or defect of ani-
mals:
See infra, "Limitation of Lia-
bility."
Loss or injury caused by, p. 1339.
Proximate cause, p. 1337.
Where carrier's negligence concurs,
p. 1341.

Injury to goods:

See "Loss or Injury to Goods."
Instructions, p. 1480:

Conformity to issues, p. 1481.
Conformity to the facts, p. 1481.
Conformity to the law, p. 1481.
Damages for delay, p. 1327.
General rules, p. 1480.
Instruction ignoring material ele-
ment of case, p. 1482.
Limitation of liability, p. 1394.
Insurer, p. 1268:

Carrier not insurer as to time, p.

1304.
Liability as insurer for loss or in-
jury to goods, p. 1329.
Interest, p. 1326.
Interpretation and construction:

Construction of contract, p. 1297.
Questions for jury, p. 1475.
Interstate and foreign commerce, p.
1293:
See "Interstate and Foreign
Commerce."
Power of congress, p. 3443.
Unloading, feeding and watering
stock:
See infra, "Unloading, Feeding
and Watering Stock."
Issues, p. 1448.

Liability of carrier for loss or injury, o.
1329:
Act of God, p. 1337.
Burden of proof, p. 1453.
Careless moving of cars, p. 1333.
Carriage beyond destination, p..

1333.
Cattle escaping from yards, p. 1335.
Circumstances exempting from lia-
bility as insurer, p. 1337.
Common carrier, p. 1329.
Damages, p. 1349:

Admissibility of evidence, p.

1358.
Cattle not intended for sale, p.

1355.
Elements of damages, p. 1349.-



INDEX.



4113



CARRIERS OF LIVE STOCK, anifd.
Liability of carrier for loss or injury,
cont'd.
Damages, cont'd.

Evidence as to damages per

head, p. 13(30.
Evidence of actual value, \>.

1359.
Evidence of cost and selling

pri'ce, p. 1359.
Evidence of damages, p. 1358.
Evidence of market value, p.

1358.
Evidence of nature and pedi-
gree, p. 1360.
Expenses, p. 1351.
Feed for cattle, p. 1352.
Freight, p. 1351.
Freight deducted, pp. 1353,

1355.
Instructions as to damages, p.

1360.
Interest, p. 1350.
Loss after delivery, p. ]349.
Mare in foal, p. 1357.
Measure of damages, p. 1352.
Mitigation of damages, p. 1358.
Partial loss, p. 1353.
Remote damages, p. 1357.
Shrinkage in weight, p. 1350.
Special damages, p. 1356.
Speculative damages, p. 1357.
Total loss, p. 1352.
Weight and sufficiency of evi-
dence, p. 1360.
Where cattle have no market

value, p. 1354.
Where cattle held until they
recover from injury, p. 1355.
Deviation, p. 1334.
Duty of carrier after excusing

cause ceases, p. 1348.
Exposing stock to fire, weather or

disease, p. 1333.
Exposing to disease, p. 1333.
Furnishing and repairing cars, p.

1333.
General rule, p. 1329.
Inherent vice, pp. 1337, 1339.
Liability as for carriage of goods,

p. 1329.
Liability as insurer, p. 1329.
Liability for injury to cattle in

yards, p. 1335.
Liability for loss after delivery to

consignee, p. 1336.
Liability for loss on connecting

carrier, p. 1336.
Liability for negligence, p. 1330.
Liability in particular instances, p.

1333.
Loss or injury caused by shipper,
p. 1342:
Concurring negligence of car-
rier, p. 1343.
Failure to lock car door, p.

1344.
Failure to lock stock pen gates,
p. 1345.



CARRIERS OF LIVE STOCK, cont'd.
Liability of carrier for loss or injury,
cont'd.
Loss or injury caused by shipper,
cont'd.
General rules, p. 1342.
Illustrations, pp. 1342-1348.
Knowledge and intent of ship-
per, p. 1342.
Loading and unloading, p. 1345.
Negligence of shipper accom-
panying stock, p. 1347.
Overloading cars, p. 1346.
Negligence, p. 1330.
Negligence of agent, p. 1332.
Negligent delivery, p. 1333.
Proximate cause, p. 1331.
Texas statute, p. 1330.
Time liability arises, p. 1332.
Waiver of liability by shipper, p.

1348.
Where due care and diligence ex-
ercised, p. 1330.
Where shipper accompanies live
stock, p. 1348.
Limitation of actions, p. 1440.
Limitation of amount of liability:

See infra, "Limitation of Liability."
Limitation of liability, pp. 1269, 1361.

See "Limitation of Liability."
Arbitrary deviation from route, p.

1381.
Breach or refusal of carrier to per-
form contract, p. 1385.
"Breaking," p. 1381.
"Breaking" and "chafing," p. 1381.
Cars:

Injury from use of defective or

unsuitable cars, p. 1380.
Loss from size and mode of

struction of cars, p. 1368.
Loss resulting from defective

cars, p. 1368.
Loss while in cars, p. 1380.
Requiring shipper to inspect
cars and stockyards, p. 1380.
Requiring shipper to select or
inspect cars, p. 1368.
"Chafing," p. 1381.
Choice between full and limited lia-
bility:
Evidence, p. 1391.
Choice between full and limited lia-
bility contracts, p. 1371:
Limitation of amount of liabil-
ity and agreed valuation, p.
1401.
Claim:

See "Notice of Loss and Pre-
sentation of Claim."
Collision, pp. 1369, 1381.
Common carrier, p. 1361.
Common-law liability, p. 1361.
Conflict of laws, p. 1361.
Consideration, p. 1372:

Bill of lading required after
shipment under verbal con-
tract, p. 1373.
Free pass, p. 1372.
General rule, p. 1371.



4114



INDEX.



CARRIERS OF LIVE STOCK, coufd.
Limitation of liability, cont'd.
Consideration, cont'd.

Limitation of amount of liabil-
ity and agreed valuation, p.
1398.
Reduced rate, p. 1372.
Regular rate charged, p. 1373.
Construction, operation and effect,

P- 13T-t. . .

Declaration, petition or complaint,

pp. 1386, 1405.
Delay, p. 1382.
Derailment, pp. 1369, 1381.
Duress, pp. 1371, 1374.
Duties restricted and losses and in-
juries covered, p. 1374.
Duties which may be limited, p.

1362.
Enforcement, p. 1386.
Estoppel, p. 1385.
Evidence, pp. 1387, 1390:
Admissibility, p. 1390.
Carrier's course of business, p.

1391.
Choice between full and lim-
ited liability contract, p. 1391.
Competency, p. 1390.
Contract, p. 1390.
Custom, p. 1391.
Fraud, p. 1392.

Limitation of amount of_ lialiil-
ity and agreed valuation, p.
1406.
Negligence, p. 1392.
Question for jury, p. 1393.
Weight and sufficiency, p. 1392.
Extent of limitation generally, p.

1362.
Failure of shipper to comply with
contract, p. 1384:
Failure of shipper to accom-
pany and care for stock, p.
1384.
Shipper required to load and
unjoad, p. 1384.
Failure to deliver, p. 1380.
Failure to drench hogs, p. 1369.
Fairness and reasonableness, p.

1370.
Federal statutes, p. 1361. _
Form, requisites and validity: _

Limitation of amount of liabil-
ity and agreed valuation, p.
1398.
Injuries occurring prior to execu-
tion of contract, p. 1383.
Injury from use of defective or un-
suitable cars, p. 1380.
Injury resulting from inherent vice,
propensities or defect of ani-
mals, pp. 1369, 1375:
In general, p. 1369.
Injuries caused by fright, p.

1369.
Loss by jumping from cars, p.
1369.
Instructions, p. 1394.



CARRIERS OF LIVE STOCK, cont'd.
Limitation of liability, cont'd.

Insurer, p. 1361.

Interpretation and construction, p.
1374:
Limitation of amount of liabil-
ity and agreed valuation, p.
1403.
Issues, p. 1387.
Knowledge and assent of shipper,

p. 1371.
Limitation of amount of liability
and agreed valuation, p. 1395:
Acceptance of bill of lading, p.

1400.
Arbitrary valuation, p. 1400.
As determining amount of re-
covery, p. 1403.
As measure of rights and obli-
gations of parties, p. 1403.
Assent of shipper, p. 1400.
Authority of person shipping

to bind owner, p. 1401.
Burden of proof, p. 1406.
Choice of full and limited lia-
bility contracts, p. 1401.
Consideration, p. 1398.
Constitutional provisions, p.

1395.
Construction, operation and ef-
fect, p. 1403.
Custom, p. 1398.
Damages, p. 1408.
Duress, p. 1401.
Enforcement, p. 1405.
Estoppel by receiving benefit

of reduced rate, p. 1402.
Evidence, p. 1406.
Fairness and good faith, p.

1402.
Federal statutes, p. 1395.
Form, p. 1398.
Fraud, p. 1401.
Gross negligence, p. 1398.
In general, p. 1395.
Loss by gross negligence, p.

1398.
Loss by negligence of carrier,

pp. 1396-1398.
Losses covered, p. 1404.
Modification, p. 1405.
Negligence of carrier, p. 1396.
Partial invalidity, p. 1402.
Permission of railroad commis-
sions, p. 1402.
Pleading, p. 1405.
Questions for jury, p. 1407. .
Reasonableness, p. 1399.
Reduced rate as consideration,

p. 1399.
Requisites, p. 139S.
Rescission, p. 1405.
State statutes, p. 1395.
Statutes of particular states, p.

1395.
Statutory provisions, p. 1395.
Undervaluation, p. 1399.
Validity, p. 139S.
Weight and sufficiency, p. 1407.



INDEX.



4115



CARRIERS OF LIVE STOCK, cont'd.
Limitation of liability, cont'd.

Limitation to loss caused by colli-
sion or derailment, p. 1369.
Loading:

Failure of shipper to comply
with contract, p. 1384.
Loss by suffocation, p. 13S1.
Losses covered, p. 1374.
Losses which may I)e limited, p.

1362.
Loss from failure to provide suit-
able yards and chutes, p. 1369.
Loss occurring prior to execution

of contract, p. 1370.
Loss while in cars, p. 1380.
Mode, form and requisites, p. 1370:
Choice between full and lim-
ited liability, p. 1371.
Consideration, p. 1372.
Custom, p. 1370.
Express contract, p. 1370.
Fairness and reasonableness, p.

1370.
Fraud, misrepresentation and

duress, p. 1374.
Knowledge and assent of sliip-

per, p. 1371.
Power of agent to bind shipper,
p. 1371.
Negligence of carrier, pp. 1362,
1375:
Conflict of laws, p. 1365.
Evidence, pp. 1392, 1393.
General rules, p. 1362.
Injury caused by fraud or

gross negligence, p. 1364.
Jurisdiction allowing exemp-
tion, p. 1364.
Limitation of amount of liabil-
ity and agreed valuation,
p. 1396:

Loss by gross negligence.
p. 1398.

Loss by negligence of car-
rier, p. 1396.

Right to limit liability, p.
1397.
Presumptions and burden of

proof, p. 1388.
Requiring shipper to accom-
pany and care for stock, p.
1367.
Requiring shipper to load and
unload stock, p. 1366.
Nondelivery, p. 1370.
Notice of loss:

See "Notices of Loss and Pre-
sentation of Claim."
Pleading, pp. 1386, 1405.
Plea or answer, p. 1386.
Power of agent to l)ind shipper, p.

1371.
Power to limit, p. 1361.
Presentation of claim:

See "Notice of Loss and Pre-
sentation of Claim."

4 Car— 64



CARRIERS OF LIVE STOCK, cont'd.
Limitation of liability, cont'd.

Presumptions and burden of proof:
Assent of shipper, p. 1387.
As to consideration, p. 1387.
As to the contract, p. 1387.
Litnitation of amount of liabil-
ity and agreed valuation, p.
1406.
Proof, p. 1387.
Questions of law and fact:

Limitation of amount of liabil-
ity and agreed valuation, p.
1407.

Reasonableness of stipulation, p.
1370:
Limitation of amount of liabil-
ity and agreed valuation, p.
1399.
Notice of loss and presenta-
tion of claim:
See "Notice of Loss and
Presentation of Claim."
Refusal to allow shipper to feed

and water stock, p. 1381.
Requiring shipper to accompany
and care for stock, pp. 1366,
1376:
Constitutional provisions, p.

1366.
Escape of stock — Where cars

are defective, p. 1377.
Estoppel of shipper to deny

validity, p. 1367.
Failure of shipper to accom-
pany and care for stock,
p. 1384:
Cars stopped en route by

carrier, p. 138J.
Duty of carrier, p. 1384.
General rules, p. 1384.
Injuries from defect in
cars unknown to shipper,
p. 1385.
Injury by negligence of carrier,

p. 1377.
Loss by negligence, p. 1366.
Operation and effect in gen-
eral, p. 1376.
Power and validity, p. 1366.
Statutory provisions, p. 1366.
Watering and feeding, pp. 1367,
1377.
Requiring shipper to load and un-
load stock, pp. 1365, 1375:
Carrier's unloading without no-
tice to shipper, p. 1376.
Failure to furnish cars in rea-
sonable time, p. 1376.
Failure to furnisli proper facil-
ities for unloading, p. 1376.
Federal statutes, p. 1365.
General rule, p. 1365.
Heplnirn Act, p. 1365.
Liability for overloading, p.

1365.
Loss by negligence of shipper,
p. 1366.



4116



INDEX.



CARRIERS OF LIVE STOCK, cont'd.
Limitation of liability, cont'd.

Requiring shipper to load and un-
load stock, cont'd.
Losses and injuries covered by

stipulation, p. 1375.
Unloading for food, rest and

water, p. 1366.
A'alidity, p. 1365.
Requiring shipper to select or in-
spect cars, p. 1368.
Requiring shipper to inspect cars

and stockyards, p. 1380.
State statutes, p. 1361.
Statutory provisions, p. 1361.
Stipulation against loss by delay,

pp. 1370, 1381.
Stipulation for notice of loss:

See "Notice of Loss and Pre-
sentation of Claim."
Suffocation, p. 1381.
Unloading:

Failure of shipper to comply
with contract, p. 1384.
Validity of limitation, p. 1361.
Variance, p. 1387.
Waiver, p. 1385.
Loading:

See infra, "Duty as to Loading
and Unloading;" "Unloading,
Feeding and Watering Stock."
Breach or refusal of carrier to per-
form contract, p. 1385.
Requiring shipper to load and un-
load stock:
See infra, "Limitation of Lia-
bility."
Loss of or injury to:

See "Loss or Injury to Goods."
See infra, "Liability of Carrier for
Loss or Injury."
Market value, p. 1464.
Merger, p. 1296.

Nature and form of action, p. 1436:
Action for conversion, p, 1437.
Actions ex contractu, p. 1438.
Actions ex delicto, p. 1437.
Actions for injury due to negligent
condition or maintenance of
stock pens, p. 1438.
Language of petition or complaint
determining form of action^ p.
1436.
Right of plaintiff to sue either ex
contractu or ex delicto, p. 1436.
Nature of liability, p. 1267.
Negligence:

See infra, "Degree of Care Re-
quired;" "Delay in Transpor-
tation or Delivery."
Burden of proof:

See infra, "Presumptions and
Burden of Proof."
Duty as to cars:

See infrp, "Duty as to Cars."
Duty as to loading and unloading:
See infra. "Duty as to Loading
and Unloading."



CARRIERS OF LIVE STOCK, cont'd.

Negligence, cont'd.

Duty to feed, water and rest:

See infra, "Duty to Feed, Wa-
ter and Rest."
Duty to provide stock pens:

See infra, "Duty to Provide
Stock Pens."
Evidence, p. 1470:

Admissibility of evidence as to

negligence, p. 1465.
Gross, willful or wanton neg-
ligence, p. 1471.
Making prima facie case

against carrier, p. 1470.
Suftic.ency of proof of negli-
gence, p. 1470.
Liability for negligence, p. 1330.
Liability for negligence of agent, p.

1332.
Limitation of liability:

See infra, "Limitation of Lia-
bility."
Presumptions and burden of proof:
See infra, "Presumptions and
Burden of Proof."
Questions of law and fact, p. 1476:
Contributory negligence, p.

1478.
While awaiting transportation,

p. 1476.
While in transit, p. 1477.
Requiring shipper to accompany

and care for stock, p. 1377.
Where carrier's negligence concurs,
pp. 1338. 1341, 1343.
New trial:

Excessive damages, p. 1328.
Notice of loss:

See "Notice of Loss and Presenta-
tion of Claim."
Notice of loss and presentation of
claim:
See "Notice of Loss and Presenta-
tion of Claim."
Parties, p. 1440:

See infra, "Right of Action."
Consignee, p. 1441.
Consignor, p. 1441.
Owner, p. 1440.
Passes:

See "Passes."
Pleading, p. 1441:

Notice of loss and presentation of
claim, p. 1430.
Preferences and discrimination:

See "Interstate and Foreign Com-
merce."
Presence of shipper, pp. 1270, 1273,
1286:
Burden of proving negligence on
shipper accompanying stock, p.
1457.
Liability of carrier, p. 1348.
Negligence of shipper accompany-
ing stock, p. 1347.
Requiring shipper to accompany
and care for stock:
See infra, "Limitation of Lia-
bility."



INDEX.



4117



CARRIERS OF LIVE STOCK, cont'd.
Presence of shipper, cont'd.

Shipper failing to accompany stock
as agreed, p. 1458.
Presentation of claim:

See "Notice of Loss and Presenta-
tion of Claim."
Presumptions and burden of proof, p.
1450:
All presumptions rebuttable, p.

1451.
Authority of agent making con-
tract, p. 1452.
Complaint stating two or more

causes of action, p. 1451.
Contracts and relation created be-
tween parties, p. 1452.
Facilities for furnishing cars, p.

1451.
In general, p. 1450.
Limitation of liability:

See infra, "Limitation of Lia-
bility."
Loss of or injury to live stock and

cause thereof, p. 1453.
Negligence, p. 1454:

Burden of proving negligence
on shipper accompanying
stock, p. 1457.
Burden on carrier to excuse

delay, p. 1458.
Burden on carrier to prove that
it was not negligent, p. 1455.
Condition of car, p. 1455.
General rule, p. 1454.
Injuries from fire, p. 1455.
Shipper failing to accompany

stock as agreed, p. 1458.
Sickness of animals, p. 1455.
Notice of loss and presentation of

claim, p. 1432.
Presumptions created by statute, p.

1452.
Rebuttal, pp. 1451, 1453.
Time of injury, p. 1454.
Principal and agent:

Authority of agents to make special
contracts:
See infra, "Special Contracts
for Transportation."
Liability for negligence of agent, p.
1332.
Pr - "'d rules, tariffs, waybills, etc., p.

1298.
Private cars, p. 12G8.
Proximate cause, pp. 1316, 1331:

Evidence showing proximate cause,
p. 1472.
Public enemy, p. 1309.
Quarantine, pp. 1293, 1312.
Questions for jury, p. 1473:
Cause of injury, p. 1476.
Contracts, p. 1474.
Delay, p. 1479.

Delay as cause of injury, ]). 1476.
Delay in furnishing cars, p. 1479.
Estoppel, p. 1475.
Extent of injury and damages, p.

1479.
General rule, p. 1473.
Limitation of lial)ility, p. 1393.



CARRIERS OF LIVE STOCK, cont'd.
Questions for jury, cont'd.
Negligence, p. 1476:

Contributory negligence, p.

1478.
While awaiting transportation,

p. 1476.
While in transit, p. 1477.
Notice of loss and presentation of

claim, p. 1433.
Waiver, p. 1475.
Rest:

See infra. "Duty to Feed, Wa-
ter and Rest."
Delay caused by stop for rest, p.

1311.
Limitation of liability, pp. 1366,
1367.
Right of action, p. 1438:

See infra, "Parties."
Penalty, p. 1438.
Right of action in consignee, p.

1440.
Right of action of owner, p. 1439.
Right of action of party in whose

name stock shipped, p. 1439.
Who has right of action, p. 1438.
Special contracts for transportation, p.
1291:
Authority of agents to make special
contracts, p. 1294:
For rates, p. 1296.
General rule, p. 1294.
Ratification, p. 1295.
To furnish cars at specified
time and place, p. 1295.
Carriage beyond own line, p. 1293.
Construction of contract, p. 1297.
Delav under special contract, p.

1314.
Duress, p. 1297.
Failure to read contract before

signing, p. 1292.
Fraud, p. 1293.
In general, p. 1291.
Merger, p. 1296.
Modification, p. 1296.
Parol, p. 1291.
vShipment across quarantine line, p.

1293.
Shipper violating interstate com-
merce act, p. 1293.
Terms and mode of transportation,

p. 1293.
Validity of special contracts, p.

1291.
Want of time to read contracts, p.
1297.
Special damages:

See infra, "Damages for Delay in
Transportation and Delivery."
Sprinkling hogs, pp. 1379, 1271, 1285.
I'ailurc to drench liogs, p. 1369.
Station agent:

Autliority of agents to make special
contracts:
See infra, "Special Contracts for
Transportation."
Liability for negligence of agent, p.
1332.



4118



TNDEX.



CARRIERS OF LIVE STOCK, cont'd.

Stock pens:

See infra, "Duty to Provide
Stock Pens."
Actions for injury due to negligent
condition or maintenance of stock
pens, p. 1438.
Failure to lock stock pen gates, p.
1345.
Stockyards:

See infra, "Duty to Provide
Stock Pens."
Care of stock within stockyards, p.

1379.
Cattle escaping from yards, p. 1335.
Illustrations of liability, pp. 1335,

1336.
Interstate and foreign commerce,
pp. 3431, 3469, 3533:
Delivery to carrier's own stock-
yards, p. 3647.
Liability for injury to cattle in

yards, p. 1335.
Limitation of liability, p. 1369.
Place of delivery, p. 1300.
Stoppage in transitu:

See "Stoppage in Transitu."

Strikes, p. 1313.

Title, custody and control of goods:
See "Title, Custody and Control of
Goods."
Trover and conversion, p. 1437.
Unloading, Feeding and Watering
■^ Stock:

See infra, "Duty as to Load-
ing and LTnloading;" "Duty
to Feed, Water and Rest."
Breach or refusal of carrier to per-
form contract, p. 1385.
Delay by stop for food, p. 1311.
Delay caused by stop for water, p.

1311.
Interstate commerce act, p. 3618:
Accidental or unavoidable cause,

p. 3626.
Action to enforce penalty, p.

3639.
Carriers liable for penalty, p.

3619.
Cars provided for food, water

and rest, p. 3637.
Damages, p. 3629.
Excuses for failure to unload,

p. 3626.
Initial carrier, p. 3625.
Knowingly and willfully, p.

3621.
Negligence of servant, p. 3622.
Penalty exacted from another

carrier, p. 3625.
Preparation and facilities, p.

3623.
Proceedings, p. 3629.
Separate offenses, p. 3622.
Shipment through foreign coun-
try, p. 3623.
Shipment under agreement, p.

3623.
Statutory provision, p. 3618.



CARRIERS OF LIVE STOCK, cont'd.
Unloading, Feeding and Watering
Stock, cont'd.
Interstate commerce act, cont'd.
Terminal company, pp. 3619,

3625.
Where stock had been pre-
viously confined, p. 3620.
Limitation of liability, pp. 1366,

1367.
Negligence of shipper, p. 1345.

Requiring shipper to accom-
pany and care for stock, p.
1377.
Requiring shipper to load and un-
load stock:
See infra, "Limitation of Lia-
bility."
Usages and customs, p. 1391:

Limitation of amount of liability

and agreed valuation, p. 1398.
Notice of loss and presentation of
claim, p. 1409.
Valuation:

Limitation of amount of liability
and agreed valuation:
See infra, "Limitation of Lia-
bility."
Variance, p. 1449.
Verdict, p. 1483.
Vice:

See "Limitation of Liability."
See infra, "Inherent Vice."
Waiver:

Questions for jury, p. 1475.
Water:

See infra, "Duty to Feed, Water
and Rest;" "Unloading, Feeding
and Watering Stock."



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