Thomas Johnson Michie.

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

. (page 192 of 214)
Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 4) → online text (page 192 of 214)
Font size
QR-code for this ebook

Speed of Irain or cars, p. 1984:

Allegation of negligence, p. 2602.
Assumption of risk, p. 1984.
Declaration, petition or complaint,

p. 2602.
Evidence, p. 2757.
General rules, p. 1984.
Illustrations, pp. 1985, 1986, 1987.
Interstate and foreign commerce.

pp. 3503, 3512.
Means of conveyance condition of

track, etc., p. 1985.
Questions of law and fact, p. 2888.
General rule, p. 2888.
Illustrations, p. 2889.
Passing curve, p. 2889.
Servants chargeable with knowl-
edge, p. 1985.
Speed of forty-five miles per hour
held not negligent, p. 1985.

Speed of train or cars, cont'd.

Track not in good condition, p.

Violation of speed laws, p. 1987.
Weight and sufficiency of evidence,

p. 2802.
What constitutes negligence in run-
ning, p. 1985.
Standing in car:

See "Contril)Utory Negligence."
Standing on platform:

Ejection of passengers, p. 2421.

See "Stations and Stopping

See infra, "Duty to Stop and
Take up."
Duty to carry to and stop at des-
See infra, "Duty to Carry to
and Stop at Destination."
Relation of carrier and passenger:
See "Relation of Carrier and
Who are passengers:

See "Relation of Carrier and

See infra, "Liability as Affected by
Statutes;" "Violation of Statute
or Ordinance."

See "Carriers by Water."

Riding on step or footboard:

See "Contributory Negligence."
Stop, look, and listen, p. 2274.
Stop over:

See "Tickets and Fares."
.^top-over privilege granted by carrier.

p. 1529.

See infra, "Duty to Carry to
and Stop at Destination;"
"Duty to Stop and Take up;"
"Failure to Stop."
Allowing reasonable time to get on
or oflf:
See infra, "Reasonable Time to
Get on or Off."
Duty to receive and discharge pas-
sengers at usual place:
See infra, "Duty to Receive
and Discharge Passengers at
Usual Place."
Invitations to alight:

See infra, "Misleading Invita-
tions to Alight."
Reasonable time to get on or ofif:
See infra, "Reasonable Time to
Get on or Off."
Train not stopping at passenger's
Ejection of passengers, pp.
2453, 2457.
Stopping places:

See "Stations and Stopping Places."

Representations by ticket agent, p.




Delay, p. 1675.

Injuries due to acts of strangers,
pp. 1678, 1691.
"Strict" care, p. 1718.
Sudden jerks:

See infra, "Jerks and Jolts of
Trains or Cars."
Taking leave of passengers:

See "Licensees, Trespassers, In-
truders, etc."
Taking up passengers:

See infra, "Receiving and Discharg-
ing Passengers."

See "Taxation."
Termination of relation:

See "Relation of Carrier and Pas-
Throwing objects on platform, p. 1787.
Ticket agent:

See "Tickets and Fares."
Ticket brokers:

See "Ticket Brokers."
Ticket and fares:

See "Tickets and Fares."
Timetables, p. 1669:

Clause limiting liability, p. 1671.
Duty to conform to timetable, p.

Effect of ;advertised schedule,; p.

General duty to keep schedule time,

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

Right to change schedule, p. 1672.
Working timetable, p. 1672.
Toilet rooms, pp. 1938, 1939.

See infra, "Roadbed and Track."

See infra, "Right and Duty to Ride
on Particular Train or Car."
Transfer accommodations, p. 1794.
Transfer of passengers:

Duty of carrier, p. 1969.

See "Licensees, Trespassers, In-
truders, etc."

Liability when railroad operated l)y
trustee, p. 2089.
Tunnels, p. 1982.

Unavoidable accident, pp. 167."), 1689.
Union depots:

See "Union Depots."
Usages and customs:

Admissibility in evidence, p. 2725.
Failure to stop, pp. 1861, 1865.
"Utmost" care. p]). 1719, 1724, 1726,

Utmost practical care, ]>. 17:'.9.
Variance, p. 2647:

Variance, cont'd.

Active or passive negligence, p.

Allegation that car had stopped, p.

Amendment to conform to proof,
p. 2660.

As to contract of carriage, p. 2651.

As to injury or damages, p. 2660.

As to negligence or cause of in-
jury, p. 2653.

As to persons liable, p. 2660.

As to status of plaintiff, p. 2652.

As to stopping of vehicle — Vari-
ance immaterial, p. 2657.

As to ticket pass or transfer, p.

Correspondence between allegation
and proof, p. 2647.

Demand for transfer, p. 2652.

General rule, p. 2647.

Mere matters of detail, p. 2656.

Manner in which injury was re-
ceived, p. 2655.

Materiality, p. 2649.

Negligence averred generally or
specifically, p. 2659.

Negligence relied on not proven,
p. 2653.

Negligence relied on proven, p.

Proof of substance, p. 2649.

Taking on or letting oflf passenger,
p. 2655.

Technical variance, p. 2649.

Thrown or jumped from car, p.

Tort and contract, p. 2651.

Variance affecting only amount of
recovery or gravity of negligence,
p. 2650.

Wilful or wanton negligence or de-
lay, p. 2659.
A'ehicles, p. 1821.

See infra, "Cars."
See infra, "Management of Con-

Allegation of negligence, p. 2594.

Attaching improperly loaded car.
or car of wrong guage, to train,
p. 1834.

Bell-ropes, p. 1827.

Cars, p. 1824.

Construction of steps of street cars,
p. 1833.

Couplings, p. 1826.

Class of conveyance to be pro-
. vidcd, p. 1821.

Declaration, petition or complaint,
p. 2594.

Defects in vehicles purchased of
another, ]). 1S23.

Degree of care required, p. 1S21.

Doors, pp. 1825. 1829.

Duty as to vehicles or means of
carriage, p. 1821.

Duty when vestibulod cars fur-
nished, p. 18.'!5.

4 Car




Vehicles, cont'd.

Elevators, p. 1839.
Engines, p. 1824.
Entrance doors, p. 1829.
Evidence, p. 2739:

Admissibility, p. 2739.
Condition of vehicle and ap-
pliances, p. 2739.
Evidence to show vicious pro-
pensities of horse attached
to stage coach, p. 2742.
Failure to use proper precau-
tion, p. 2741.
Illustrations, pp. 2739-2743.
Subsequent to accident, p.

To show condition of vehicle
— Nature of defect, p. 2741.
To show notice of defect, p.
Evidence as to defects, p. 2790.
Evidence to rebut presumption of
negligence arising from injury,
p. 2840.
Ferryman, p. 1839.
Formation of train, p. 1834.
General rule, p. 1821.
Headlight, p. 1827.
Ingress and egress, pp. 1824, 1830.

See infra, "Inspection and Re-
Inspection and repair:

See infra, "Inspection and Re-

Sufificiency and safety of
means of transportation, p.
Interior of railroad coaches, p.

Latent defects, p. 1845.
Mixed trains, p. 1835.
Motive power of street and cable

cars, p. 1833.
Negligence must be shown, p. 1823.
Negligence of manufacturer or

builder, p. 1847.
Not bound to provide vestibuled

cars, p. 1835.
Palace or sleeping cars forming

part of train, p. 1837.
Platform guards, p. 1829.
Platforms, p. 1830.
Precautions against fires and ex-
plosives, p. 1835.
Presumptions and burden of proof,

p. 2682.
Projecting bolts, etc., catching
clothing of passengers, p. 1832.
Projection of wheel guard from

floor of street car, p. 1833.
Proximate and remote cause, p.

Question as to negligence in using
certain appliances one for jury,
p. 1823.
Railroads, p. 1824.

Vehicles, cont'd.

See infra, "Inspection and Re-
Stage and hackney coaches, p.

Steps of cars, p. 1830.
Steps of street cars, p. 1833.
Street railway, pp. 1821, 1824.
Suitable and sufficient, p. 1821.
To what part of train applicaljle,

p. 1823.
Trolley rope, p. 1834.
Vestibule trains, p. 1835.
Weight and sufficiency of evidence
as to negligence in respect to
condition of means of transpor-
tation, p. 2790.
Wheel guards, p. 1833.
Window guards, p. 1828.
Windows, p. 1825.
Verdict, p. 3032.

See "Carriers by Water."
Vestibule trains, p. 1835:

Duty as to trap doors, p. 1836.
Duty when vestibuled cars fur-
nished, p. 1835.
Failure to furnish vestibuled cars,

p. 1836.
Not bound to provide vestibuled

cars, p. 1835.
When train standing at station, p.
Violation of statute or ordinance:

Declaration, petition or complaint,
p. 2610.

Furnishing water, p. 1938.
Wheel guards, p. 1833.
When relation of carrier and passen-
ger commences:
See "Relation of Carrier and Pas-
Who are carriers of passengers, p. 1486.
Who are passengers:

See "Relation of Carrier and Pas-
Who are servants:

See infra, "Liability for Acts and
Omissions of Servants."
Window guards, p. 1828.

Separation of male and female pas-
sengers, p. 1943.
Wreck train, p. 1552.
Wrong station:

Putting passenger off at wrong
station, p. 1854.


Carriers of live stock:

See "Carriers of Live Stock."
Carriers of passengers:

See "Carriers of Passengers."
Contracts for cars or other means of

See "Contracts for Cars or Other
Means of Transportation."



CARS, cont'd.

See "Demurrage."
Duty to provide suita1)le means of

transportation, p. 782.

Dutv of shipper to inspect car, p.
Interstate and foreign commerce:

See "Interstate and Foreign Com-
Limitation of liability:

Defect in cars, p. 1021.
Duty to furnish suitable cars, p.
Loss of or injury to cars, p. 3282.
Loss of or injury to goods:

See "Loss or Injury to Goods."
Carrying goods on open cars, p.

Duty as to perishable goods, p.

Knowledge by shipper of defects

in car, p. 783.
Means of transportation belonging

to another, pp. 783, 785.
When shipper furnishes cars, p.
Open cars, p. 787.
Preferences and discrimination:

See "Interstate and Foreign Com-
merce;" "Preference and Dis-
Private cars:

See "Private Cars."



Rules framed by car service asso-
ciation, p. 705.


Loss or injury to goods, p. 736.

CHAIR CARS, p. 1940.

Questions of law and fact. p. 1604.
Tickets and fares, p. 1603.


Carriers of passengers:

Character of parties, p. 2726.
Ejection of passengers:

General character and disposition
of employee, p. 2717.


See "Instructions."
CHARGES, pp. 34, 65, 1132.

See "Tickets and Fares."
.•\ctions for charges, p. 1171:

Amount in controversy, p. 1172.

Amount of recovery, p. 1173.

Assumpsit, p. 1172.

Damages, p. 1173.

Right of action, p. 1171.

Set-oflf and recoupment, p. 1172.
Amount of freight, p. 1134.
Bill of lading:

Stipulation in bill of lading, p. 1151.

Stipulations as to, p. 354.

CHARGES, cont'd.

Intent to evade blockade or reve-
nue laws, p. 1146.
Carriers by water:

See "Carriers by Water."
Carriers of passengers:

See "Tickets and Fares."
Carrier's right to fix charges, p. 1136:
Charter regulations, p. 1136.
Duty to consult shippers and con-
signees, p. 1137.
Classification of railroads for purposes
of regulation, p. 43:
Mode of classification, p. 43.
Right to classify, p. 43.
Conditions in grant of franchise and
agreements with municipalities,
p. 77:
Acquisition by sale or consolida-
tion of a railway company hav-
ing a contract with a municipal-
ity, p. 82.
Authority to impose conditions or

to make agreements, p. 77.
Change of rates of fare fixed by

franchise or agreement, p. 78.
Conditions and agreements con-
strued, p. 79.
Duty not to discriminate as to

charges or facilities, p. 82.
Effect of acceptance by carrier of
location granted by municipalitj',
p. 79.
Waiver of right to charge more
than amount stipulated in fran-
chise, p. 81.
Connecting carriers:

Discrimination in favor of one of
several connecting carriers, pp.
109. 110.
Joint tariff between two or more

roads, p. 75.
Reasonableness of regulations,

p. 57.
Rights of connecting carrier, p.
Combination as to rates, p.

Power of initial to bind suc-
ceeding carrier, p. 1147.
Right to divide tlirough freight,

p. 1147.
When freight due or demand-
able, p. 1147.
Transfers to connecting lines iii
same company, p. 76.

Special contract as to charges, p.
Consignee, p. 1151.
Consignor, p. 1148.

See "Contracts."

See infra, "Special Contracts as to
.A.mount of Charge."
Control and regulation, p. 34.

See infra. "Judicial Supcrvisit)n."
Criminal law:

Overcharge, p. 178.



CHARGES, cont'd.
Dead freight, p. 1145.
Definition of interstate commerce act,

p. 3608.
Delay in transportation or delivery:
Payment of freight as condition
precedent to action for delay, p.
Delegation of power:

To a commission, p. 38:

Constitutionality of statutes
creating commissions, p. 39.
Constitutional provisions and
statutes delegating power to
commissions construed, p. 40.
Necessary prerequisites to reg-
ulations, p. 42.
Regulations by commission in
excess of statutory power,
p. 42.
Validity in general, p. 38.
To a municipal corporation, p. 43.
Delivery by carrier:

Detention for charges, p. 520.
Duty to inform consignee of
charges, p. 531.
Demand, p. 1142.
Demurrage charges, p. 1152.

Fee "Interstate and Foreign Coni-
merce:" ''Preferences and Dis-
Drawbacks, p. 1184.
Due process of law:

Regulation of charges, p. 58.

Admissibility, p. 127.

Opnortunity to examine goods, p.
Excessive and unauthorized charges:

See "Tickets and Fares."
Excessive charges:

See infra "Overcharge."
Exemption from regulation by charter
or statute:
See "Exemption from Regulation
by Charter or Statute."
Express companies, p. 65:

Statutes regulating rates of rail-
road companies not applicable to
express companies, p. 65.


See "Tickets and Fares."


See infra, "Conditions in Grant of
Franchise and Agreements with
Fraudulent misclassification, p. 1141.
Freight defined, p. 1134.
Illegal rate charged, p. 1141.
Injunction, p. 128:

Another remedy as precluding in-
junction, p. 131.
Injunction on ground that rates

are confiscatory, p. 130.
Injunction on ground that rates
are unjust and unreasonable, p.

CHARGES, cont'd.
Injunction, cont'd.

Injunction to restrain a carrier
from charging unlawful rates, p.
Injunction will not lie before rates

are fixed, p. 129.
Irreparable injury — Facts author-
izing preliminary injunction, p.
Proceedings which are legislative
in nature subject to injunctive
process, p. 128.
Taking property without due proc-
ess of law or denial of equal pro-
tection of laws, p. 130.
When enforcement of rates pre-
scribed by commission will be
enjoined, p. 128.
Whether suit against state, p. 128.
Interstate and foreign commerce:

See "Interstate and Foreign Com-

Compensation for stoppage in
transit for inspection, etc., p.
Interstate commerce commission:

See "Interstate and Foreign Com-
Intrastate commerce, p. 65.
Joint tariff between two or more roads,

p. 75.
Judicial supervision, p. 114:

Courts can not prepare new sched-
ule of rates, p. 116.
Courts have no general supervisory

jurisdiction over rates, p. 115.
Courts not concerned whether
rates be unnecessary or merely
speculative, p. 116.
Extent of judicial interference is
protection against unreasonable
rates, p. 116.
Power of courts over rates pre-
scribed by railroad commission,
p. 115.
Reasonableness of a rate a judicial

question, p. 115.
Reasonableness of rate can not be
conclusively determined by leg-
islature, p. 115.
Review of findings of commission
where inquiry calls for expert
evidence, p. 117.
Legislature's right to fix rates, p. 1135.
Lien for charges:

See "Lien for Charges."
Limitation of liability:

Reduced rates as consideration:
See "Limitation of Liability."
Local and through rates, p. 72.
Long and short hauls, p. 73:

See "Interstate and Foreign Com-
merce;" "Long and Short Hauls."
Loss or injury to goods:

Allowance where charges have

been paid, p. 853.
Deduction of unpaid charges, p.



CHARGES, cont'd.

Loss or injury to goods, cont'd.
Illustrations, pp. 853, 854.
Payment or tender ot charges as
condition precedent to action, p.
Measure of compensation allowed,

p. 67.
Misclassification, p. 1141.
Misrepresentation of rate, p. 1141.
Nonpayment of freight, p. 438.
Obligations imposed on carriers, p. 66.
Overcharges, p. 1193:

See "Interstate and Foreign
Commerce;" "Preferences and
Action for money had and received,

p. 1197.
Admissibility of evidence, p. 1201.
Amount of recovery, p. 1204.
Attorney's fees, p. 1204.
Carriers liable, p. 1196.
Charge of court, p. 1204.
Common-law remedy not abro-
gated by penal statute, p. 1197.
Connecting carriers, p. 1196.
Current open account, p. 1198.
Declaration or complaint, p. 1199.
Demand of repayment, p. 1199.
Evidence, p. 1201:

Admissibility of evidence, p.

Examination of witnesses, p.

Judicial notice, p. 1201.
Presumptions and burden of

proof, p. 1201.
Weight and sufficiency of
evidence, p. 1203.
Examination of witnesses, p. 1201.
Favored shipper to whom express

charges paid, p. 1197.
Form of action, p. 1197.
Issues and proof, p. 1200.
Judicial notice, p. 1201.
Jurisdiction, p. 1198.
Limitation of actions, p. 1198.
Mistake, p. 1193.
Necessity for protest, p. 1195.
Persons entitled to recover, p. 1199.
Persons liable, p. 1196.
Presumptions and burden of proof,

p. 1201.
Protest, p. 1195.
Questions for jury, p. 1204.
Recovery back of overcharges, p.

Reference, p. 1200.
Right to make. p. 1193.
Right to recover overcharge, p.

Statutory redress as abrogating

common-law remedy, p. 1197.
Stipulations respecting excessive

charges, p. 1193.
Voluntary payment, p. 1195.
Weight and sufficiency of evidence,

p. 1203.
What constitutes an overcharge, p.

CHARGES, confd.

Partial or pro rata freight, p. 1145:
Cargo accepted at intermediate

point, p. 1145.
In general, p. 1145.
Part of cargo delivered, p. 1145.
Part performance, p. 1143.

See "Tickets and Fares."
Payment, pp. 233, 1142:

See infra, "Prepayment."
Accrual of right to payment, p.
Conversion of part of goods

by carrier, p. 1144.
Erroneous recital in bill of
lading as to amount of ship-
ment, p. 1144.
Failure to deliver not due to
fault of either party, p. 1144.
In general, p. 1143.
Opportunity to examine goods,

p. 1144.
Part performance, p. 1143.
Where consignee can not be
found, p. 1144.
Demand, p. 1142.
Liability of carrier before payment,

p. 290.
Place of payment, p. 1142.
Tender of payment, p. 1142.
Time of payment, p. 1142.
Payment of fare:

See "Tickets and Fares."

See "Penalties for Violations
of Regulations."
Penalties for violations of regulations
as to:
See "Penalties for Violations of
Penalty for failure to post schedules of

rates, p. 148.
Persons liable for charges, p. 1148:
Consignee, p. 1151.
Consignor, p. 1148.
Effect of carrier's lien, p. 1149.
Ownership of goods, p. 1150.
Shipment by vendor to vendee, p.

Stipulation in bill of lading, p. 1151.
Posting schedule at stations, p. 72.
Power to regulate, p. 34.

See infra, "Classification of
Railroads for Purposes of
Regulation;" "Delegation of
Power;" "Reasonal>lcness of
Abandonment or nonuser, p. ()5.
P)asis of power, p. 36.
Certainty of statute, p. 35.
Classification of railroads for pur-
poses of regulation, p. 45.
Constitutional enactment, p. 35.
Discrimination against carrier in
favor of certain individu'ils. ]). (il.
Due iirocess of law, p. 58.
E(|ual protection of l:iws. p. (')0.



CHARGES, cont'd.

Power to regulate, cont'd.

Kxemption from reculatinn by
charter or statute:
See "Exemption from Regula-
tion by Charter or Statute."
Illustrations, pp. .14-38.
Limitation of power, p. 44.
Limitations upon power of a mu-
nicipality to reduce street r-ailroad
fares, p. C>2.
Maximum charge, p. ^>~.
Power of state to regulate charges

of railroad companies, p. 34.
Power to declare what shall be rea-
sonable compensation, p. 37.
Railroads incorporated by act of

Congress, p. ofi.
Reasonableness of regulations:

See infra, "Reasonableness of
State may be admitted to union,

p. 37.
Taking private property without
just compensation, p. 61.
Preferences and discrimination:

See "Interstate and Foreign Com-
merce;" "Preferences and Dis-
Prepayment, p. 233:

Effect of failure to demand prepay-
ment, p. 1142.
Right to demand prepayment, p.
Presumption and burden of proof:

Presumption that rates fixed are
reasonable, p. 124.
Printing and publishing schedules:

See "Interstate and Foreign Com-
Publication of rates, p. 1198.
Rate, p. 1134.
Reasonableness a judicial question, p.

Reasonableness of charge, p. 1134:

Charges must be reasonable, pp.
1134. 1136.
Reasonableness of rate can not be con-
clusively determined by legislature, p.
Reasonableness of regulations, p. 44:
Accessibility of a place to high

seas as affecting rates, p. 56.
Adoption of rates given by carrier

to certain shippers, p. 55.
Apportioning value of property and
expenses, p. 56:

Method of apportionment, p.

Necessity for apportionment,
p. 56.
Ascertaining cost of doing business

or of operating road, p. 52.
Betterments and replacements

should be considered, p. 56.
Carrier entitled to earn interest

upon a valid bonded debt, p. 51.
Carrier entitled to fair return on in-
vestment, p. 46.

CHARGES, cont'd.

Reasonableness of regulations, cont'd.
Consideration of net earnings in
determining reasonableness of
rates prescribed, p. 52:
Earnings of entire road to be

regarded, p. 53.
Mode *of computing net earn-
ings and what they include,
p. 53.
Net earnings must be sufficient
to pay fair return on invest-
ment, p. 52.
Consolidated corporation — Value of
assets of constituent corpora-
tions, p. 51.
Economic factors and natural ad-
vantages of localities may be con-
sidered, p. 55.
Effect of several sovereignties be-
ing interested, p. 56.
Equality of rates for like service,

p. 55.
Fictitious capitalization or excess-
ive bonded debt, p. 50.
Interstate business to be disre-
garded, p. 54.
Line of railroad operated in connec-
tion with other lines, p. 57.
Mode of arriving at effect of stat-
utes reducing rates, p. 58.
llode of determining reasonable-
ness, p. 46.
Mode of determining value of prop-
erty or investment, p. 49.
Part of railroad within state to be
regarded in its relation to part
without state, p. 51.
Passenger traffic considered as sep-
arate and independent from
freight traffic, p. 56.
Rate on a particular commodity,

p. 49.
Rates must be reasonable, p. 44.
Reciprocal rights of carriers and the

public, p. 45.
Regulations must be reasonable,

p. 44.
Revenue that has been_ deiiyed
from rate under consideration,
p. 56.
Ro'dd purchased at foreclosure sale

and reorganize J, p. 51.
Statutes held unconstitutional as

being coniiscatory, p. 45.
Sworn return of value of property
made for purposes of taxation,
p. 50.
Value of franchise, p. 51.
Rebates, p. 1184:

S:^e "Interstate and Foreign Com-
Reconsignment charges, p. 1153.
Regulations will not be construed to be

retroactive, p. 70.
Relief against unreasonable rates, p.
Rates fixed by commission, p. 119.
Relief to carrier, p. 119.
Relief to public, p. 120.



CHARGES, cont'd.

Reshipment charges, p. 1152.
Revenue laws:

Intent to evade blockade or revenue
law^s, p. 1146.
Right of carrier to earn freight for en-
tire distance, p. 1145.
Right to freight, p. 1142.

Persons liable for charges, p. 1150.
Scope and effect of regulations, p. 65:
Express companies, p. 65.
Intrastate commerce, p. 65.
Measure of compensation allowed,

p. 67.
Obligations imposed on carriers,

p. 66.
Regulations will not be construed

to be retroactive, p. 70.
Street railways, p. 65.
To whom or to what business or
route regulations are applicable,
p. 65.
When a statute will be construed
as impliedly repealing a prior
statute, p. 71.
Set-ofif, recoupment and counterclaim,

p. 1172.
Special contracts:

See "Contracts."
Special contracts as to amount of

Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 4) → online text (page 192 of 214)