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

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Personal injuries, p. 3073.
Exemplary damages;

See intra, "Exemplary Dam-
ges."
Failure to carry to destination, p.

3045.
Getting off at wrong station or
place by direction of carrier's
employees, p. 3045.
Instructions, pp. 3009, 3015.

Actions for ejection, p. 3030.
Mental suffering, pp. 3049, 3063,
3064, 3083:
Ejection of passengers, pp.
3049, 3063, 3064, 3083.
Mitigation, p. 3073.
Personal injuries, p. 3063:
Aggravation, p. 3073.
Assaults, p. 3064.
Damages recoverable for hu-
miliation suffered as result of
an unlawful arrest, p. 3065.
Elements of damages in gen-
eral, p. 3063.
Exemplary damages:

See infra, "Exemplary
Damages."
Excessive damages, p. 3073.
Injury to character may not be

considered, p. 3065.
Injury to earning capacity, p.

3063.
Insults, p. 3064.

Measure of damages in gen-
eral, p. 3063.
Medical attendance, p. 3063.
Mental suffering, pp. 3049, 3063,

3064, 3083.
I\Tiligation, p. 3073.
Pain and suffering, p. 3063.
Punitive damages:

See infra, "Exemplary
Damages."
Threats, p. 3064.
Pleading damages, o. 2625:
General rules, p. 2625.
Punitive damages, p. 2627.
Provocation by passenger for
wrongful conduct of conductor,
p. 3073.

Punitive damages:

See infra, "Exemplary Dam-
ages."
Questions of law and fact, p. 2848.



4126



INDEX.



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

Refusal, of transportation, p. 3042.
Special damage 'Hependent on
knowledge! of circumstances, p.
3051.
Danger:

Allowing or compelling passenger
to expose himself to danger,
p. 195(5:
Duty to protect passengers:
Sec infra, "Duty to Pro-
tect Passengers."
General rules, p. 1956.
Preventing passenger leaving

moving train, p. 1962.
Removal of passenger from
place of danger by force, p.
1961.
Warning passengers of danger,
p. 1957.
Avoiding dangers encountered dur-
ing journey, p. 1981.
Duty to protect passengers:

See infra, "Duty to Protect
Passengers."
Dangerous position:

See "Contributory Negligence."
Dead bodies:

See "Dead Bodies."
Declaration, petition or complaint, p.
2569:
Actions for failure to perform con-
tract or duty in general, p. 2571.
Actions for personal injuries, p.
2575:
Allegations as to agent or serv-
ant at fault, p. 2607.
Allegations as to contract or

relation, p. 2577.
Allegations as to negligence
and cause of injury:
See infra, "Allegations as
to Negligence and Cause
of Injury."
Allegations as to time, place

and vehicle, p. 2579.
Allegations as to injury sus-
tained, p. 2614.
Alleging act to be that of car-
rier, p. 2607.
Assumed risks, p. 2614.
Connection between negligence
and cause of injury, p. 2611.
Contributory negligence, p.

2615.
Duplicity, p. 2576.
Injury sustained, p. 2614.
Negativing assumed risks, p.

2514.
Negativing contributory negli-
gence, p. 2615.
Pleading in general, p. 2575.
Proximate and remote cause, p.

2611.
Violation of statute or ordi-
nance, p. 2610.
Allegations as to parties, p. 2570.
Allegation as to status as carrier,
p. 2570.



CARRIERS OF PASSENGERS, cont'd.
Declaration, petition or complaint,
cont'd.

Duty to receive and carry, p. 2571.
Ejection of passengers:

See "Ejection of Passengers."
Failure to set down at destination,

p. 2574.
Failure to stop and receive, p.
^ 2573.
Fraud, mistake, or negligence as to

ticket or transfers, p. 2572.
Functions of declaration, p. 2569.
In general, p. 2569.
Joint defendants, p. 2570.
Misinformation or incorrect infor-
mation, p. 2573.
Negativing contributory negligence,

pp. 2615, 2625.
Pleading damages, p. 2625.
Putting passenger on wrong train,

p. 2574.
Refusal to receive and carry, p.

2571.
Separation of passengers, p. 2574.
Declarations and admissions, p. 2723.
Degree of care required, pp. 1679, 1713:
See "Carriers b}^ Water."
See infra, "Liaiiility as In-
surer;" "Liability for Negli-
gence."
Application of the rule, p. 1749.
Approved statements of the rule, p.

'l742.
Care varying with conditions and

circumstances, p. 1762.
Correctness of the statements, p.
1723:
Cases declaring the statements

erroneous, p. 1726.
Cases upholding the state-
ments, p. 1724.
Generally, p. 1723.
Greatest human care, p. 1728.
Greatest possible care, p. 1727.
Higliest degree of care, p. 1724,

1727.
Instructions in effect exacting
the greatest human care up-
held, p. 1725.
Sufficiency of the statements
when properly limited or ex-
plained, p. 1732.
Texas, p. 1728.
Utmost care, p. 1724, 172C.
Duty to passenger and employee

distinguished, p. 1717.
"Extraordinary," p. 1718.
"Extreme," p. 1718.
Freight trains:

See infra, "Freight Trains."
General rule, p. 1713.
General statements of rule, p. 1718.
"Great," p. 1718.
"Greatest" care, p. 1720.
Greatest human care, p. 1722.
"Greatest possible" care, p. 1721.
Hackney coaches, p. 1749.
"Highest" care, p. 1720.



INDEX.



4127



CARRIERS OF PASSENGERS, cout'd.
Degree of care required, cont'd.

Highest care consistent with the

possibility of injury, p. 1733.
Highest practical care, p. 1739.
Highest practical care of capable
and faithful railroad men, p. 1740.
Tnstruc'tions, p. 1718.
Insurer:

See infra, "Liability as In-
surer,"
Intoxication of passenger as af-
fecting degree of care required,
p. 1763.
Liability as afifected by age, sex,

and physical disal^ility, p. 1762.
Management of conveyance, p.

1978.
Mode of conveyance immaterial, p.

1749.
"Most exact" care, p. 1720.
Ordinary care, p. 171G.
Passenger:

See "Contributory Negligence."
Passengers in transportation, p.

1714.
Pecuniary ability of carrier, p. 171 iJ.
Position occupied, p. 1763.
Private carriers of passengers, p.

1717.
Prudent men, p. 1735.
Questions of law and fact, p. 176C.
Railroad, p. 1749.
Reasonable care, pp. 1716. 1741.
Receiving and discharging passen-
gers:
See infra, "Receiving and Dis-
charging Passengers."'
Risks taken by passenger, p. 1711.
Roadbed:

See infra, "Roadbed and Track."
vStage coaches, p. 1749.
Statement requiring the care usu-
ally exercised by the particular
carrier, p. 1734.
Statement requiring the highest
care consistent with the possi-
bility of injury, p. 1733.
Statement requiring the highest or

utmost practical care, p. 1739.
Statements making the care of
prudent men the standard, p.
173.5:
General rule, p. 1735.
Statements limiting the care by

the circumstances, p. 1736.
Statements requiring the care
of very prudent men under
the circumstances, p. 1737.
Statements requiring the high-
est care of prudent, or very
prudent men, p. 173.').
Statements requiring the high-
est care of prudent men un-
der the circumstances, p. 1736.
Statements of rule, p. 1718.
Statements requiring an extremely

high degree of care, p. 1719.
Statements requiring "extraordi-
nary," "great," "extreme" or
"strict" care, p. 1718.



CARRIERS OF PASSENGERS, cont'd.
Degree of care required, cont'd.

Statements requiring . the care ex-
ercised by other similar carrier,
p. 1734.
Statements requiring the "highest"

or "greatest" care, etc., p. 1720.
Statement requiring the highest or

utmost practical care, p. 1739.
Statements requiring the "highest
possible" or "greatest possible"
care, etc., p. 1721.
Statements requirmg the highest
practical care of capable and
faithful railroad men. p. 1710.
Statements requiring the highest

reasonable care, p. 1741.
Statements requiring the "most ex-
act" care, etc., p. 1720.
Statements requirmg the "utmost"

care, etc., p. 1719.
Statements which, in effect, require
the greatest human care, etc., p.
1722.
Stations and stopping places:

See "Stations and Stopping
Places."
Statutory rule in California and

other states, p. 1746.
Statutory rule in Georgia, p. 1747.
Street railways, p. 1749.
"Strict" care, p. 1718.
Track:

See infra, "Roadbed and Track.'
"Utm.ost" care, p. 1719.
Utmost practical care, p. 1739.
Vehicles:

See infra, "Vehicles."
When passengers are carried free,
p. 1759:
Care varying with conditions

and circumstances, p. 1762.
General rule, p. 1759.
Intoxication of passenger as
aflfecting degree of care re-
quired, p. 1763.
Kansas, p. 1761.
Liability as affected by age,
sex, and physical disability,
p. 1762.
Montana, p. 1761.
Position occupied, p. 1763.
Where passengers are earned on
freight trains:
See infra, "Freight Trains."
Delav in transportation, p. 1669:
Care to avoid delay, p. 16(i9.
Damages, p. 3044.
Damages, p. 3056.
F.fl'ect as to limited tickets, p. 1678.
Evidence, p. 2707.
Excessive damages, p. 3060.
In general, p. 1669. *

Liability based on negligence, p.
p. 1673:
Act of God, p. 1675.
Duty to furnish other transpor-
tation, p. 1678.
Excuses, p. 1675.
Failure to make pro]ier con-
nections, p. 1677.



4128



INDEX.



CARRIERS OF PASSENGERS, cont'd.
Delay in transportation, cont'd.

Liability based on negligence, cont'd.
Fault or neglect of agents, p.

lf)76.
General rule, p. 1673.
Interference by third persons,

p. 1678.
Wilful delay, p. 167G.
Published schedule and connec-
tions, p. 1669:
Clause limiting liability, p.

1671.
Duty to conform the rnnctable,

p. 1670.
Effect of advertised schedule,

p. 1671.
General duty to keep schedule

time, p. 1670.
In general, p. 1669.
Insurer as to time, p. 1669.
Liability based on negligence,

p 1673.
Right to change schedule, p.

1672.
Working timetables, p. 1672.
Special contracts as to time, p. 1678.
Delegation of duties, p. 2079.
Derailment:

Allegation of negligence, p. 2603.
Declaration, petition or complaint,
■ p. 2603.

Evidence admissible under allega-
tion of derailment, p. 2760:
General rule, p. 2760.
Illustrations, pp. 2760-2762.
Evidence to rebut presumption of

negligence, p. 2842.
Instructions, p. 2979:

General rules, p. 2979.
Illustrations, pp. 2979-2982.
Presumption and burden of

proof, p. 2980.
Presumption where cause of

accident shown, p. 2981.
Presumption where derailment
of special freight due to ex-
plosion, p. 2982.
Presumption, p. 2806.
Presumptions and burden of proof,

p. 2693.
Questions of law and fact, p. 2898.
Weight and sufficiency of evidence,
p. 2806.
Diligence:

See infra, "Degree of Care Re-
quired."
Directing verdict, pp. 2857, 2886, 2888,
2898, 2903, 2904, 2909.
See infra, "Questions of Law and
Fact."
Disease:

Communication of disease by em-
ployee to passenger, p. 2063.
Dismissal, discontinuance and nonsuit,
pp. 2858, 2886, 2888, 2898, 2903,
2904. 2909.
See infra, "Questions of Law and
Fact."
Disorderly conduct:

Refusal to carry, p. 1498.



CARRIERS OF PASSENGERS, cont'd.
Doors, pp. 1825, 1829.

Opening and closing of car doors,
p. 1970.
Drover:

Duties to drover alighting at inter-
mediate stations to care for
stock, p. 1967.
Sudden jerks and jolts, p. 1990.
Drunkenness, p. 1763:

Acceptance by carrier, p. 1507.
Duty to protect passengers:

See infra, "Duty to Protect
Passengers."
Intoxicated person boarding train
against conductor's order, p. 1507.
Refusal to carry, p. 1496.
Duties, p. 1652.
Duties as to transportation in general,

p. 1662.
Duty as to transportation, p. 1662.
Duty to carry to and stop at destina-
tion, p. 1853:
Damages, pp. 3042, 3043, 3045.
Damages for failure to stop for
person desiring to take passage,
pp. 3042, 3043.
Exemplary damages, pp. 3055, 3056.
Failure to stop at destination, p.

1854.
Failure to stop at destination in

general, p. 1854.
Flag stations, p. 1856.
General rule, p. 1853.
Law providing for stopping places,

p. 1855.
Putting passenger off at wrong

station, p. 1854.
Station at whiih train does not
stop, p. 1857:
Absence of agreement, p. 1859.
Absence of special contract, p.

1859.
Acceptance of ticket or fare as

contract, p. 1863.
Contract with reference to us-
age, p. 1861.
Duty of passenger to inform

himself, p. 1858.
Excuses for failure to stop at

destination, p. 1864.
Fault or mistake of passenger,

p. 1860.
General rule, p. 1857.
Legislative control, p. 1857.
Misrepresentations of agent, p.

1862.
Misrepresentation or induce-
ment, p. 1S61.
Nature of mistake excusing, p.

1860.
Passenger should got oft' at
regular stopping place, p.
1862.
Promises of conductor, p. 1863.
Question for jury, p. 1861.
Reasonable regulation, p. 1857.
Return free of charge, p. 1864.
Station at which train does not

stop. p. 185S.
Statutory regulation?, p. 1861.



INDEX.



4129



CARRIERS OF PASSENGERS, cont'd.
Dutj^ to inform, direct and escort pas-
sengers, p. 1662.
Duty to inform, direct and escort pas-
sengers to proper cars. p. 1(163.
Duty to inform passengers as to move-
ments of trains, p. 180J.
Duty to protect passengers, p. 20l5:

See infra, "Assault and Bat-
tery."
Allowing passenger to alight tem-
porarily at intermediate station,
p. 1963.
Allowing passenger to expose him-
self to danger, p. 1956.
Colored passengers, p. 2018.
Contagious disease, p. 2018.
Degree of care, p. 2015.
Duty of carrier in case of attempt

to arrest passenger, p. 2019.
Duty to anticipate injury, p. 2020.
Evidence, pp. 2707, 2767.

Relevancy and materiality, p.

2767.
To show notice of danger, p.
2767.
Fellow passengers, p. 2015.
General rule, p 2015.
Jostling, p. 2016.
Knowledge of the commission of

the wrong, p. 2019.
Knowledge, or duty to know, of
passenger's peril, pp. 2020, 2027.
Limitation of carrier's liability, p.
2027:
Absence of knowledge of pas-
senger's peril, p. 2027.
Acts for which carrier liable,

p. 2033.
Performance of duty, or ina-
bility to protect, p. 2032.
Mental suffering, p. 2017.
Offensive language and insults, p.

2017.
Passengers at station, p. 2018.
Presumptions and burden of proof,

p. 2701.
Preventing passenger leaving mov-
ing train, p. 1962.
Reason to apprehend passenger's
peril, pp. 2021, 2027.
Disorder among passengers, p.

2024.
General rule, p. 2021.
Intermingling of white and

colored passengers, p. 2025.
Negligence of passengers in
getting on or off the vehicle,
p. 2026.
Presence of dangerous persons
on vehicle or vessel, p. 2022.
Scuffling of hackmen near sta-
tion, p. 2027.
Servants of express companies,
etc., at station, p. 2027.
Removal of passenger from place

of danger by force, p. 19(;i.
Strangers, p. 2015.
Warning passengers of danger, p.
1957.



CARRIERS OF PASSENGERS, cont'd.
Duty to receive and carry, p. 1491:

Carrying live animals, p. 1500.

Character or business, p 1499.

Competitive soliciting, p. 1499.

Damages for refusal of transporta-
tion, p. 3042.

Declaration or complaint, p. 2571.

Designated stations — Proper point,
p. 1493.

Discriinination, p. 1492.

Disorderly conduct, p. 1498.

Drunkenness, p. 1496.

Duty arising by implication of law,
p. 1492.

Enforcement of duty, p. 1500.

Evidence, p. 2704.

Exemplary damages, p. 3055.

Freight and similar trains, p. 1949.

General rules, p. 1491.

Grounds for refusal considered, p.
1495.

Illness or physical infirmity, p.
1495.

Insanity, p. 1496.

Interest of state, p. 1501.

Mandamus, p. 1500.

Offer for transportation, p. 1495.

Particular grounds for refusal, p.
1495.

Passenger vehicles not in service,
p. 1494.

Persons of bad character, p. 1499.

Railroads "public highways," p.
1493.

Social status, p. 1499.

Special trains, p. 1494.
Duty to receive and discharge passen-
gers at usual place, p. 1867.

Duties when passengers are re-
ceived at other than usual place,
p. 1875.

Duty to notify passenger, p. 1869.

Duty to passengers negligently
carried beyond destination, p.
1868.

Duty to stop train or street car, p.
1878.

Failure to stop train alongside sta-
tion platform, p. 1870.

Failure to stop train at station, p.
1S67.

General rule, p. 1867.

Negligence of passenger, p. 1^69.

Street railways, p. 1874.

Waiver by passenger of right to be
set down at usual place, p. 1875.

When passengers are carried on
freight or mixed trains, p. 1872.
Duty to stop and take up, p. 1851:

Excuses, p. 1852.

Flag stations, p. 1852.

General rule, p. 1851.
Effects of passengers:

See "Baggage."
Elevators, pp. 1488, 1502.

See "Elevators."
Ejection of passengers:

See "Ejection of Passengers."



4130



INDEX.



CARRIERS OF PASSENGERS, cont'd.

Employees:

See "Master and Servant."



infi



'^Master and Serv-



ant."
Engine, p. 1824:

Negligent handling of engine, p.
1998.
Entering conveyance:

See infra, "Boarding Car."
Evidence:

See infra, "Proof."
Presumptions and burden of proof:
See infra, "Presumptions and
Burden of Proof."
Excessive damages:

Ejection, p. ."iOQ?,
Excursions, p. 1640:

Liability of carrier, p. 2091.
Exemplary damages:
Arrest, p. 3072.
Assault and battery, p. .3070.
Breach of contract, p. 3053.
Ejection of passengers:

See "Ejection of Passengers."
Evidence, p. 2776.
For breach of contract, p. 30.53:

Carrving beyond destination, p.

3057. '
Delay in transportation, p.

3056.
Exemplary damages not re-
coverable for mere neglect
of duty, p. 3053.
Failure to carry to destination,

p. 3056.
Failure to stop train or car at
station or where proper sig-
nal is given, p. 3055.
General rule, p. 3053.
Refusal of transportation, p.

3055.
What may be considered in as-
sessing damages, p. 3058.
Gross negligence, pp. 3067, 306S,

3069.
Injury resulting from reckless in-
diflference to rights of passenger,
p. 3066.
Insults, p. 3070.
Personal injuries, p. 3065.
Questions of law and fact, pp. 2852,

2861.
Threats, n. 3070.
Wrongful arrest, p. 3072.
Exemption from liability:

See infra. "Limitation of Lia-
bility."
Explosions and explosives, p. 1835.
Express messengers, p. 1577.
"Extraordinary" care, p. 1718.
"Extreme" care, p. 1718.
Failure to fully perform contract, p.
1669.

Failure to stop:

See "Stations and Stoppmg

Places."
See infra, "Failure to Stop and

Take up."



CARRIERS OF PASSENGERS, cont'd.
Failure to stop, cont'd.

Acceptance of ticket or fare, p.

1S63.
Custom and usage, pp. 1861, 1865.
Damages, pp. 3042, 3043.
Declaration, petition or complaint,

p. 2573.
Duty to receive and discharge pas-
sengers at usual place, p. 1867.
Duty to stop and take up, p. 1851.
See infra, "Duty to Stop and
Take up."
Duty to stop at destination, p.

1853.
Duty to stop train or street car, p.

1878.
Excuses for failure to stop at des-
tination, p. 1864.
Exemplary damages, p. 3055.
Failure to stop at destination, p.

1854.
Failure to stop train alongside of

platform, p. 1870.
Failure to stop train at station, p.

1867.
Flag stations, pp. 1852, 1856.
Misrepresentation or inducement,

p. 1861.
Promises of conductor, p. 1863.
Reasonable time to get on or of¥:
See infra, "Reasonable Time to
Get on or ofif."
Right to relj' on information, p.

1861.
Stations at which trains do not

stop, p. 1857
Statutory regulations, p. 1861.
Waiver by passenger of right to be
set down at usual place, p. 1875.
When passengers are carried on
freight or mixed trains, p. 1872.
Failure to stop at station:
.\ction, p. 135.
Penalty, p. 157.
Falling from train:

Rescue of passenger falling from
train, p. 1971.
False imprisonment and arrest:

See "False Imprisonment and Ar-
rest."
Fellow passengers:

Injuries due to acts of fellow pas-
sengers, p. 1692.
Liability for act of fellow passen-
ger, p. 1918.
Ferries, pp. 1488, 1838, 1839.
Finding, p. 3032.
Fires, p. 1835.
Flag stations, pp. 1852, 1856.

Floods:

Inspection of road after extraordi-
nary floods or storms, p. 1843.
Food:

Opportunity to procure food, p.
1972.
Footboard:

Riding on step or footboard:

See "Contributory Negligence."



INDEX.



4131



CARRIERS OF PASSENGERS, cont'd.
Free carriage:

Contract for free carriage, p. 1640.
Free passes:

See "Passes."
Freight or mixed trains, pp. 1546, 1751:
Acceptance by trainmen, p. 1548.
Accommodations, p. 1940.
Assumption of risk by passengers,

p. 1751.
Baggage master's authority, p. 1552.
Boarding by direction of proper

agent, p. 1547.
Boarding freight by mistake, p.

1547.
Brakeman's authority, p. 1552.
Bringing train to platform, p. 1872.
Conditions, p. 1067.
Conductor's authority, p. 1549.
Construction train, p. 1552.
Contributory negligence, p. 2208:

See "Contributory Negli-
gence."
Against direction of employee,

p. 2209.
Care required of passengers, pp.

2119, 2120.
Contract to ride on caboose, p.

2209.
General rule, p. 2208.
Logging train, p. 2209.
Negligence per se, p. 2209.
Passenger accompanying live

stock, p. 2214.
Riding in baggage, express or

mail car, p. 2210.
Riding in caboose, pp. 2210,

2215.
Riding on top of car, pp. 2210,
2213.
Custom, p. 1758.
Degree of care required, pp. 1751,

1754.
Duty of carrier, pp. 1546, 1835.
Duty to receive and carry, p. 1494.
Duty to receive and discharge pas-
sengers at usual place, p. 1872.
Effect of custom, p. 1667.
Ejection of passengers:

See "Ejection of Passengers."
Evidence, pp. 2308, 2780, 2783.
Extra fare, p. 1595.
Failure to eject, p. 1551.
General rule, p. 1546.
Good faith, pp. 1547, 1550.
Hand car, p. 1552.
Invitation by trainmen, p. 1548.
Limitation of liability, p. 2093.
Mere acquiescence, p. 1551.
Mistaking nature of freight train,

p. 1548.
Mixed trains, pp. 1756, 1801, 1874.
Passenger's rights on train, p. 1667.
Payment of fare on freight train
vmdcr collusive agreement, p.
1551.
Platform, p. 1872.
Preparing to leave conveyance be-
fore it stops, p. 2235.

4 Car— 65



CARRIERS OF PASSENGERS, cont'd.
Freight or mixed trains, cont'd.

Presumption as to status, p. 1553.
Presumption as to trainmen's au-
thority, p. 1554.
Presumption rebuttable, p. 1554.
Presumptions and burden of proof,

p. 2702.
Prohibiting travel on, p. 1667.
Reasonable time to get on or off,

p. 1894.
Refusal to carry passengers, p. 1494.
Right of certain persons to ride on

freight cars, p. 1494.
Risks due to employee's negli-
gence, p. 1757.
Rule abrogated by carrier, p. 1546.
Rules, p. 1667.

Safe and convenient place for get-
ting on and off, pp. 1872, 1873.
Special permit, p. 1548.
Stations and stopping places, p.

1800.
Statute, p. 1548.
Statutory rule in Mississippi, p.

1758.
Sudden jerks and jolts, p. 1992.
Through freight train, p. 1546.
Train not stopping at destination,

p. 1667.
Usual stopping place, p. 1872.
Waiver of rules and regulations, p.

202.
Wreck train, p. 1552.
General statement as to nature of un-
dertaking, p. 1662.
"Great" care, p. 1718.
"Greatest" care, p. 1720.
Greatest human care, pp. 1722, 1725.
"Greatest possible" care, pp. 1721, 1727.
Hand car, p. 1552.
Headlight, p. 1827.
Hearsay evidence, p. 2723.
Heating:

Mail cars, p. 1939.
Heating cars, p. 1938.
Hidden defects, p. 169i.
High degree of care, p. 1719.
"Highest" care, pp. 1720, 1724, 1727.
Highest care consistent with possibility

of injury, p. 1733.
Highest degree of care, p. 1731.
"Highest possible" care, p. 1721.
Highest practical care, p. 1739.
Highest practical care of capable and

faithful railroad men, p. 1740.
Ice:

Snow and ice on platform and step,
p. 2794.
Independent contractors, p. 2072.
Indictment, p. 181.
Information:

See infra, "Misinformation."
Duty of passenger to inform him-
self, p. 1663.
Duty to inform, direct and escort

passengers, pp. 1662. 1801.
Liability of carrier for misinforma-
tion, p. 1663.



4132



INDEX.



CARRIERS OF PASSENGERS, cont'd.
Ingress and egress, p. 1830:

See "Stations and Stopping
Places."
Safe means of ingress or egress,
pp. 1789, 1824, 1830.
Injury by objects thrown on platform,
p. 1787.

Insanity:

Duty to protect passengers:

See infra, "Duty to Protect
Passengers."
Refusal to carry, p. 1496.
Inspection and repair, p. 1840:

Duty to inspect and repair, p. 1840.
Examination for deterioration, p.

1841.
Excuses for failure to repair, p.

1845.
General rule, p. 1840.
Inspection by employees in charge

of train- or car, p. 1843.
Inspection of road after extraordi-
nary floods or storms, p. 1843.
Liability for defects discoverable

by proper inspection, p. 1841.
Liability for latent defects, p. 1845.
Liability for negligence of manu-
facturer or builder, p. 1847.
Sufficiency of inspection a question

of fact, p. 1844.
Sufficiency of the inspection, p. 1841.
Instructions:

Abstract instructions, p. 2931.
Actions for breach of contract:
Acts constituting breach of con-
tract and excuses therefor, p.
3013.
Damages, p. 3015.
Form and requisites, p. 3011.
Misleading, p. 3011.
Actions for personal injuries, p.

2914.
Acts constituting breach of con-
tract and excuses therefor, p.
3013.
Act of carrier's servants, fellow
passengers, or third persons, p.
2957.
Applicability to evidence, p. 2931:



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