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Thomas Johnson Michie.

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

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Weather:

Exposing to inclement weather, pp.
1333, 1338.
When liability begins, p. 287:

See "When Liability Commences."
Yards:

See infra, "Stockyards."

CARRIERS OF PASSENGERS, p. 1485.

See "Ejection of Passengers."
Acceptance by carrier essential, p. 1505.
Accommodations and duties during
transit, p. 1935:
Accommodations in general, v. 1936.
Allegation of negligence, p. 2600.
Allowing or compelling passenger
to expose himself to danger,
p. 1956:
Duty to protect passengers:
See infra, "Duty to Pro-
tect Passengers."
Allowing or compelling passenger
to expose himself to danger:
General rules, p. 1956.
Preventing passenger leaving

moving train, p. 1692.
Removal of passenger from
place of danger by force, p.
1961.
Warning passengers of danger,
p. 1957.



INDEX.



4119



CARRIERS OF PASSENGERS, cont'd.
Accommodations and duties during
transit, cont'd.
Allowing passengers to alight tem-
porarily at intermediate station,
p. 1963.
Announcement of station and

change of cars, p. 1967.
Carriers by water, p. 1940:

See "Carriers by Water."
Chair cars, p. 19-10.
Classification of passengers, p. 1943.
Declaration, petition or complaint,

p. 2600.
Degree of care required, p. 1938.
Duties to drover alighting at inter-
mediate stations to care for
stock, p. 1967.
Duty as to passenger boarding

wrong train, p. 1977.
Duty to care for sick or injured

passengers, p. 1972.
Duty to protect passengers:

See infra, "Duty to Protect
Passengers."
Duty to provide sufficient accom-
modations, p. 1936.
Duty to provide suitable accommo-
dations, p. 1937.
Elevators, p. 1971.
Equality of accommodations, p.

1949.
Evidence, pp. 2707, 2754:
Failure to heat, p. 2754.
Failure to warn, p. 2754.
Illustrations, pp. 2754-2756.
Permitting passenger to occupy
dangerous place, p. 2754.
Exclusion of passenger from car
because of bad moral character,
p. 1949.
Freight trains, p. 1940.
Furnishing water, p. 1938.
Heating, p. 1938.

Liability for acts and omissions of
servants:
See infra, "Liability for Acts
and Omissions of Servants."
Lighting, p. 1938.
Mail cars, p. 1939.
Management of conveyance:

See infra, "Management of
Conveyance."
Opening and closing of car doors,

p. 1970.
Opportunity to procure food, p.

1972.
Overloading conveyance:

See infra, "Overloading Con-
veyance."
Particular accommodations, p. 1938.
Particular rights and duties in tran-
sit, p. 1951.
Presumptions and burden of proof,

p. 2689.
Providing accommodations inferior

to those agreed upon, p. 1941.
Proximate and remote cause, p.
1706.



CARRIERS OF PASSENGERS, cont'd.
Accommodations and duties during
transit, cont'd.
Railroads, p. 1938.
Rescue of passenger falling from

train, p. 1971.
Right to ride in particular car, p.

1937.
Rules and regulations, p. 1936.
Seats, p. 1954.

Separation of male and female pas-
sengers, p. 1943.
Separation of passengers, p. 1943.
Separation of white and colored
passengers:
See infra, "Separation of White
and Colored Passengers."
Stopping over at intermediate sta-
tions, p. 1973.
Toilet room, pp. 1938, 1939.
Transfer of passengers, p. 1969.
Women and children, p. 1939.
Accommodations on vessel:

See "Carriers by Water."
Actions, p. 2553:

Action to recover charges, p. 1593.
Aider by subsequent pleadings and

cure of error, p. 2634.
Amendment, p. 2633.
Actions precedent, p. 2561.
Contract between carrier and third

persons, p. 2560.
Declaration, petition or complaint:
See infra, "Declaration, Peti-
tion or Complaint."
Defenses to cause of action, p. 2562.
Determining character of action, p.

2565.
Distinction between actions abol-
ished, p. 2568.
Ejection of passengers:

See "Ejection of Passengers."
Exceptions, p. 2632.
Form of action, p. 2562.
In pari delicto, p. 2560.
Instructions:

See infra, "Instructions."
Issues:

See infra, "Issues."
Motion, p. 2632.
Nature of action, p. 25C2.
Parties, p. 2568.
Pleading, p. 2569.
Plea or answer:

See infra, "Plea or Answer."
Presumptions and burden of proof:
See infra, "Presumptions and
Burden of Proof."
Proceedings before interstate

commerce commission:
See "Interstate and Foreign
Commerce."
Proof:

See infra, "Proof."
Questions of law and fact:

See infra, "Questions of Law
and Fact."
Replication, p. 2631.



4120



INDEX.



CARRIERS OF PASSENGERS, cont'd.
Actions, cont'd.

Rescission of contract of carriage,

p. 2561.
Right of action, p. 2559.
Scope of chapter, p. 2559.
Special demurrer, p. 2632.
Tort or contract, pp. 2562, 2563.
Verdict and finding, p. 3032.
Act of God, pp. 1679, 1690:
Delay, p. 1675.
Roadbed, pp. 1807, 1809.
Aider by subsequent pleadings and cure

of error, p. 2634.
Alighting from moving train or car:

See "Contributory Negligence."
See infra, "Boarding Moving
Train or Car."
Ejectment from moving train or

car, p. 2485.
Evidence, p. 2745.
Preponderance of evidence, p. 2822.
Preventing passenger leaving mov-
ing train, p. 1962.
Questions of law and fact, p. 2905.
Scope of servant's authoritj% p.

2066.
Termination of relation, p. 1531.
Weight and sufficiency of evidence,
p. "2822.
Alighting from train or car:

See infra, "Failure to Stop;"
"Reasonable Time to Get On
or Off;" "Receiving and Dis-
charging Passengers;" "Stop-
ping."
Allowing passenger to alight tem-
porarily at intermediate sta-
tion, p. 1963:
Duties to drover alighting at in-
termediate stations to care
for stock, p. 1967.
Duty to afiford opportunity to

leave train, p. 1966.
Duty to hold train for passen-
ger alighting, p. 1966.
General rule, p. 1963.
Notice, warning and time to re-
board, p. 1965.
Sudden jerks, p. 1966.
Whether passenger justified, p.
1964.
Assisting passengers to board or
alight, p. 1910:
Duty in general, p. 1910.
Effect of promise, p. 1914.
Effect of rules of carrier, p.

1915.
Extent of assistance, p. 1915.
Failure to furnish proper place

for alighting, p. 1913.
Heavy baggage, p. 1912.
Illustrations, p. 1910, 1912.
Instances in which failure to
furnish assistance held to con-
stitute negligence, p. 1913.
Passenger leaving train at in-
termediate station, p. 1915.
Presence of husband to assist,
p. I'J'.'..



CARRIERS OF PASSENGERS, cont'd.
Alighting from train or car, cont'd.

Duty to protect passengers, p. 2026.
Duty to see whether passengers

have gotten on or off, p. 1898.
Duty to warn passengers of danger,

p. 1927.
Ejection from moving train or car,

p. 2485.
Evidence, p. 2749:

Notice of intention to alight, p.

2751.
Rules of carrier, p. 2752.
Sudden starting, p. 2749.
To show length of time of
stop, p. 2753.
Invitations to alight:

See infra, "Misleading Invita-
tions to Alight."
Misleading invitations to alight:
See infra, "Misleading Invita-
tions to Alight."
Persons at station to assist or take
leave of departing passengers,
or to meet incoming passen-
gers:
See "Licensees, Trespassers, In-
truders, Etc."
Preponderance of evidence, p. 2820.
Station platforms and alighting
. places:

See "Stations and Stopping
Places."
Scope of servant's authority in in-
viting or directing passenger to
alight at dangerous place, p. 2065.
Sudden jerks and jolts, p. 1996.
Warning of danger, p. 1927. _
Weight and sufficiency of evidence,
p. ^2820.
Allegations as to negligence and cause
of injury, p. 2579:
Accommodations and duties in tran-
sit, p. 2600.
Allegation of negligence in terms,

p.''2581.
Allegation of simple negligence, p.

2581.
Allegations as to agent or servant

at fault, p. 2607.
Alles-ing act to be that of carrier, p.

:2607.
Alighting at intermediate station, p.

2601.
Assaults, p. 2606.
Assisting passenger, p. 2601.
As to stations and stopping places,

p. 2590.
AuUiority of agent or servant, p.

2608.
Averment of basis or bases for

negligence, p. 2590.
Carriage beyond destination, p. 2601.
Charging negligence, p. 2579.
Collisions, p. 2604.
Connection between negligence and

cause of injury, p. 2611.
Derailment, p. 2603.
Effect of knowledge of particular
act of negligence, p. 2588.



INDEX.



4121



CARRIERS OF PASSENGERS, cont'd.
Allegations as to negligence and cause
of injury, cont'd.
General averment of negligence, p.

2583.
In general, p. 2579.
Insults by servants, p. 2606.
Jerks and jolts, p. 2603.
Management of conveyance, p. 2602.
Protection of passenger, p. 2606.
Proximate and remote cause, p.

2611.
Receiving and discharging passen-
gers, p. 2595.
Restruction of general averment by

other averment, p. 2589.
Roadbed and track, p. 2593.
Specific averment of negligence, p.

2582.
Speed of train or car, p. 2602.
Stations and stopping places, p.

2590.
Vehicle, p. 2594.
Violation of statute or ordinance, p.

2610.
Wanton and wilful negligence or
injury, pi. 2581.
Amendment, pp. 2633, 2660.
Animals, p. 1500.

Announcement of stations or stopping
places, pp. 1905, 1967:
As invitations to alight:

See infra, "Misleading Invita-
tion to Alight."
Duty, p. 1906.
Duty to exercise reasonable care

and skill, p. 1906.
Duty under carriage contract, p.

1906.
Invitations to alight:

See infra, "Invitation to Alight;"
"Misleading Invitations to
Alight."
Negligent announcement resulting

in injury, p. 1907.
Notice of stations, p. 1906.
Penalty, p. 1906.
Promise of employee, p. 1908.
Sleeping passenger, p. 1907.
Statutes, p. 1905.

Suf^ficiency of announcement, p.
1907.
Ansv^^er:

See infra, "Plea or ,-\nswer."
Appeal and error, p. 3038:

Harmless error in instruction, p.
2942.

Arrest:

See "False Imprisonment and Ar-
rest."
Assault and battery, p. 2041:

See infra, "Dutv to Protect
Passengers;" "Insults."
Acts which are or are not within
scope of employment, pp. 2043,
2068.
Allegation of negligence, p. 2606.
Assault outside scope of employ-
ment, pp. 2043. 2068:



CARRIERS OF PASSENGERS, cont'd.
Assault and battery, cont'd.

Assault outside scope of employ-
ment, cont'd.
Accidental blow by servants en-
gaged in playful scuflie, p.
2050.
Acts done in connection with
collection of tickets and fares,
p. 2048.
Acts which are or are not within
scope of employment, p. ;.'04^.
Application of the rule, p. 2047.
Assault by baggage master, p.

2049.
Assault by conductor upon pas-
senger who has alighted from
street car, p. 2050.
Assault by steward and waiters

on steamboat, p. 2049.
Assaults committed after the re-
lation of carrier and passenger
is terminated, p. 2049.
Duty of other servant, p. 2046.
Illustrations, p. 2047.
Limitation of the rule, p. 2046.
Minority rule, p. 2043.
Passenger carried by destina-
tion, p. 2050.
Presumption as to scope of

duty, p. 2050.
Prevailing rule, p. 2044.
Assaults within scope of employ-
ment, pp. 2043, 2068.
Carrier guarantor against assaults,

p. 2042.
Damages, p. 3064.
Declaration, petition or complaint,

p. 2606.
Ejection of passengers:

See "Ejection of Passengers."
Evidence, pp. 2767, 2768.

Weight and sufficiency, p. 2785.
Exemplary damages, p. 3070.
Failure of agent to comply with law

as to uniform, p. 2056.
General rule as to liability of car-
rier for assault by employee, p.
2041.
Justifiable assaults, p. 2050:

Acts done in self-defense, p.

2051.
Assaults provoked by the pas-
senger, p. 2054.
Forcible expulsion of passen-
gers, p. 2053.
General rule, p. 2050.
Liability of carrier, p. 2050.
Negligence immaterial, p. 2042.
Palace cars and sleeping car com-
panies, p. 3209:
Liability of carrier for servants
of sleeping or palace car com-
panies, p. 2074.
Presumptions and burden of proof,

p. 2701.
Provocation by passenger, p. 2054:
General rule. p. 2054.
Insults, p. 2054.
Language, p. 2054.



4122



INDEX.



CARRIERS OF PASSENGERS, cont'd.
Assault and battery, cont'd.

Provocation by passenger, cont'd.
Liability of carrier, p. 2054.
Mitigation, p. 2055.
Threats, p. 2054.
Removal of passenger from place of

danger by force, p. 1961.
Self-defense, p. 2051:

Circumstances justifying the

act, p. 2052.
Degree of force permissible, p.

2052.
General rule, p. 2051.
Liability of carrier, p. 2051.
What constitutes self-defense, p.
2052.
Servants invested with authority of

peace officers, p. 2075.
Unintentional assaults upon passen-
gers, p. 2068.
What constitutes assault, p. 2042.
Assumed risk, p. 1693.

Baggage:

See "Baggage."
Bell-ropes, p. 1827.
Boarding moving train or car:

See infra, " AlightingJ"rom Mov-
ing Train or Car."
Contributory negligence:

See "Contributory Negligence."
Evidence, p. 2745.

Misdirection as to arrival or de-
parture of train, p. 1929.
Sudden jerks and jolts, p. 1998.
Weight and sutificiency of evidence,
p. ^2814.
Boarding train or car:

See "Stations and Stopping

Places."
See infra, "Failure to Stop;"
"Reasonable Time to Get on
or Of?;" "Receiving and Dis-
charging Passengers;" "Safe
Place to Board or Alight and
Intervening Tracks;" "Stop-
ping."
Assisting passengers to board or
alight, p. 1910:
Duty in general, p. 1910.
Effect of promise, p. 1914.
EfTect of rules of carrier, p. 1915.
Extent of assistance, p. 1915.
Failure to furnish proper place

for alighting, p. 191:5.
Heavy baggage, p. 1912.
Illustrations, pp. 1910, 1912.
Instances in which failure to
furnish assistance held to con-
stitute negligence, p. 1913.
Passenger leaving train at in-
termediate station, p. 1915.
Presence of husband to assist,
p. 1915.
Contributory negligence:

See "Contributory Negligence."
Directions as to boarding trains, p.

1918.
Duty to protect passengers, p. 2026.



CARRIERS OF PASSENGERS, cont'd.
Boarding train or car, cont'd.

Duty to see whether passengers

have gotten on or ofif, p. 1898.
Duty to warn passengers of danger,

p. 1927.
Persons at station to assist or take
leave of departing passengers,
or to meet incoming passen-
gers:
See "Licensees. Trespassers,
Intruders, etc."
W^arning of danger, p. 1927.
Boarding wrong train:

Duty to passenger, p. 1977.
Brakeman :

Ejection of passengers:

See "Ejection of Passengers."
Brakes, p. 1827.
Brokers:

See "Ticket Brokers."
Burden of proof:

See infra, "Presumptions and
Burden of Proof."
Cable cars, p. 1488.
Care:

See infra, "Degree of Care Re-
quired."
Carriers by water:

See "Carriers by Water."
Carrying beyond destination:

Allegation of negligence, p. 2601.

Damages, p. 3046.

Declaration, petition or complaint,

p. 2601.
Ejection of passengers, p. 2457.
Evidence, pp. 2753, 2706.
Excessive damages, p. 3061.
Exemplary damages, p. 3057.
Presumptions and burden of proof,

p. 2689.
Weight and sufficiency of evidence,
p. 2831.

Cars:

See infra, "Management of Con-
veyance;" "Right and Duty
to Ride on Particular Train
or Car;" "Vehicles."
Chair cars, p. 1940.
Inspection and repair:

See infra, "Inspection and Re-
pair."
Instructions, p. 2968.
Management of conveyance:

See infra, "Management of
Conveyance."
Opening and closing of car doors,

p. 1970.
Questions of law and fact. p. 2880:
Cars and equipment of street

railroads, p. 2881.
Condition of car, p. 2880.
Defective cars, pp. 2880, 2881,

2891.
Inspection of car, p. 2880.
Railroad cars, p. 2880.
Right to ride in particular car, p.
1937.
Chair cars, p. 1940.



INDEX.



4123



CARRIERS OF PASSENGERS, cont'd.
Change of cars:

Announcement, p. 1967.
Character:

Exclusion of passenger from car
because of bad moral character,
p. 1949.
Character in evidence:

Character of parties, p. 2720.
Charges:

See "Charges;" "Tickets and Fares."
Chartered conveyance:

Who liable for injury on chartered
conveyance, p. 2091.
Circus company employees, p. 1474.
Civil rights:

See infra, "Separation of White
and Colored Passengers."
Collisions, p. 1999:

Act of Gad, p. 737.

Allegation of negligence, p. 2G04.

Carriers of live stock, pp. 1369,

1381.
Collision between automobile car-
rier and other vehicle, p. 2015.
Collision resulting from concurrent
negligence of two carriers, p.
2083:
Negligence of other carrier no

defense, p. 2083.
Negligent carriers liable, p.

2083.
Presvmiption of negligence, p.
2084.
Collisions between trains or cars
operated on the same track,
p. 2000.
Collisions between vehicles of dif-
ferent carriers, p. 2009:
As between two carriers whose

tracks cross, p. 2014.
Collisions between street cars
and trains or cars of inter-
secting railroad, or street
railway, companies, p. 2011.
Collisions between trains of in-
tersecting railroads, p. 2010.
Condition of track no excuse,

p. 2015.
Degree of care, p. 2010.
Duty to stop, look and listen,

p. 2013.
Effect of contract between car-
riers, p. 2011.
Effect of information by rail-
road employee, p. 2014.
General rule, p. 2009.
Collisions of street cars with road

vehicles, p. 2004.
Collisions of trains with cattle and

other ol)Structions, p. 2004.
Collisions with cars on parallel cr

side tracks, p. 2008.
Collisions with structures along-
side the track, p. 2008.
Contributory Negligence:

Dangerous position of passen-
ger, p. 2165.
Standing in car, p. 2169.
Crossing intersecting streets, p.
2007.



CARRIERS OF PASSENGERS, cont'd.
Collisions, cont'd.

Declaration, petition or complaint.

p. 2604.
Disobedience of orders, p. 2003.
Evidence admissible under allega-
tion of collision, p. 2762:
General rule, p. 2762.
Illustrations, pp. 2762-2766.
Evidence to rebut presumption of

negligence, p. 2844.
General rules, p. 1999.
Instructions, p. 2975:

Burden of proof of negligence

of carrier, p. 2978.
Collision with animal or ob-
struction on track, p. 2978.
General rules, p. 2975.
Illustrations, pp. 2975-2979.
Limited liability act, p. 4040.
Presumption, p. 2809.
Presumptions and burden of proof.

p. 2696.
Questions of law and fact, p. 2S94:
Collision at crossing, p. 2897.
Failure to keep switch locked.

p. 2897.
General rule, p. 2894.
Illustrations, pp. 2894-2898.
Nonsuit or direction of verdict,
p. 2898.
Weight and sufficiency of evidence,
p. 2809.
Colored passengers:

See "Carriers of Passengers."
See infra, "Separation of
White and Colored Passen-
gers."
Duty to protect, p. 2018.
Indictment for not providing sep-
arate coaches, p. 181.
Commencement of relation:

See "Relation of Carrier and Pas-
senger."

Commerce:

See "Interstate and Foreign Com-
merce."
Common carriers, p. 3.
Companies and persons liable, p. 2079:
Carrier transporting soldiers for

government, p. 2080.
Cars in exclusive control of an-
other carrier, p. 2079.
Delegation of duties by carrier, p.

2079.
Delegation to construction com-
pany, p. 2079.
Injury due to concurrent negli-
gence, p. 2081:
Collision resulting from con-
current negligence of
two carriers, p. 2083:
Negligence of other carrier

no defense, p. 208:?.
Negligent carriers liable, p.

2083.
Presumption of negligence,
p. 2084.
In general, p. 2081.



4124



INDEX.



CARRIERS OF PASSENGERS, cont'd.
Companies and persons liable, cont'd.
Injury due to concurrent negli-
gence, cont'd.
Negligence of other carrier no

defense, p. 2082.
Negligent carriers liable, p.
2081.
Instructions, p. 3001.
Liability for injuries on consoli-
dated lines, p. 2091.
Liability for negligence in opera-
tion of trains of another carrier,
p. 2080.
Liability of carrier for injury to
passengers of another carrier, p.
2080.
Liability of carrier operating trains
over another's lines, p. 2085:
As affected by compensation

received, p. 2087.
Effect of illegality of contract

between companies, p. 2086.
General rule, p. 2085.
Liability for injury to passen-
gers of another lessee of
tracks, p. 2086.
Liability for negligence of

owner of road, p. 2085.
Operating trains over tracks
leased from state, p. 2086.
Liability of electric company fur-
nishing power, p. 2080.
Liability of employee of carrier, p.

2080.
Liability of lessor, p. 2087:
General rule, p. 2087.
Leases under statutory author-
ity, p. 2088.
Lease illegal or ultra vires, p.

2088.
Lessor liable for negligence of

lessee, p. 2087.
Lessor's liability to its own

passengers, p. 2088.
Liability for indignities of fel-
low passengers, p. 2088.
Liability of lessor of steam-
boat, p 2089.
Liability of seller of ticket, p. 2080.
Liability when railroad operated by
trustee, p. 2089:
Liability of railroad operated

by trustee, p. 2089.
Liability of trustee, p. 2089.
Preponderance of evidence, p. 2834.
Questions of law and fact, p. 2913.
Railroads in hands of receiver, p.
2089:
Liability of profits and income

of railroad, p. 2090.
Liability of railroad after dis-
charge of receiver, p. 2090.
Lialsility of railroad in gen-
eral, p. 2090.
Liability of railroad in official

capacity, p. 2089.
Personal lialiility o^ -eceiver, p.
2089.



CARRIERS OF PASSENGERS, cont'd.

Companies and persons lial>le, cont'd.
Stations and approaches, p. 20S4:
Duties as to passengers of

other carrier, p. 2084.
Duty to protect passengers
from negligence of other
carrier, p. 2085.
General rule, p. 2084.
Station owned by independent

company, p. 2085.
Stations used by several car-
riers, p. 2084.
Weight and sufficiency of evidence,

p. 2834.
Who liable for injuries occurring
on chartered conveyances, p.
2091.
Compensation:

See "Tickets and Fares."
Complaint:

See intra, "Declaration, Petition or
Complaint."
Concurring acts of negligence, p. 1692.
Conductor:

See infra, "Liability for Acts
and Omissions of Servants."
Ejection of passengers:

See "Ejection of Passengers."
Promises of conductor as to stop-
ping at station, p. 1863.
Conflict of laws:

Carriage by water, p. 3976.
Enforcement of Nebraska statute
making carrier liable as insurer,
p. 1766.
Connecting carriers:

See "Connecting Carriers."
See infra, "Companies and Persons
Liable."
Consolidation:

Liability for injuries on consoli-
dated lines, p. 2091.
Constitutional law:

See "Interstate and Foreign Com-
merce."
Construction companies, pp. 2073, 2079.
Construction train, p. 1552.
Contagious disease, p. 2018.
Contractors, p. 2072.
Contracts, p. 1501:

Special contracts for transporta-
tion, p. 1639.
Consideration, p. 1639.
Contract for free carriage, p.

1640.
Contracts relating to excur-
sions, p. 1640.
Illustrations, pp. 1639, 1640.
Ratification of contract, p. 1641.
Validity of contract, p. 1639.
Waiver of conditions, p. 1641.
Contributory negligence:

See "Contributory Negligence."
Control and management of convey-
ance:
See infra, "Management of Convey-
ance."
Costs, p. 3038.
Couplings, p. 1826.



INDEX.



4125



CARRIERS OF PASSENGERS, cont'd.
Criminal law:

See "Criminal Law."
Crossing other tracks:

See ''Contributory Negligence"
Crossings:

Announcing station and stopping
train, as required by law, at cross-
ing, p. 1926.
Crowding, pp. 1951, 1979.

Injury by crowd, p. 2026.
Questions of law and fact, p. 2887.
Crowds at stations, p. 1796.
Damages, p. 3039:

Aggravation, p. 3073.
Arrest, pp. 3065, 3070.
Assault and battery, pp. 3064, 3070.
Bread) of contract of transporta-
tion, p. 3040:
Breach of contract contained in
mileage book to issue an ex-
change of ticket, p. 3041.
Breach of contract to carry to
a certain place and return, p.
3041.
Breach of contract to furnish
cars for an excursion, p. 3041.
Breach of contract to hold

train, p. 3041.
Breach of contract to issue an-
nual passes, p. 3041.
Breach of contract to reserve
drawing room in sleeping
car, p. 3041.
Carrying bevond destination, p.

3046.
Change of schedule of trains,

p. 3042.
Delay in transportation, p. 3044.
Elements and measure of dam-
ages in general, p. 3040.
Excessive damages, p. 3058.
Exemplary damages:

See infra, "Exemplar}^ Dam-
ages."
Failure to carry to destination,

P- 3045.
Failure to return to passenger
that part of his ticket enti-
tling him to transportation
by a connecting carrier, p.
3043.
Failure to stop according to
previous notice at a particu-
lar place at a time specified,
p. 3043.
Failure to stop a sufficient time
to allow passenger to get on
or off train, p. 3043.
Failure to stop for person de-
siring to take passage, p.
3042.
Getting off at wrong station or
place by direction of carrier's
employees, p. 3045.
Mental suffering, pp. 3040, 3063,

3064, 3083.
Refusal of transportation, p.
3042.



CARRIERS OF PASSENGERS, confd.
Damages, cont'd.

Breach_ of contract of transporta-
tion, cont'd.
Refusal to sell ticket to one ap-
plying for transportation, p.
3042.
Carrying beyond destination, p.

3046.
Contracts, p. 3040.
Delay in transportation, p. 3044.
Ejection of passengers:

See "Ejection of Passengers."
Excessive damages, pp. 3058, 3073:
Ejection, p. 3097.



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