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foreign countries, p. 33.
Common carriers in general, p. 30.
Hackmen and draymen, p. 33.
Railroad companies, p. 30.
Connections with and facilities to other
carriers:
See "Connections with and Facili-
ties to Other Carriers."
Criminal law:

See "Criminal Law."
Damages for violations of regulations:
See "Damages for Violations of
Regulations."
Delegation of power:

See "Delegation of Power."
Demurrer, p. 123.
Discriminations:

See "Preferences and Discrimina-
tions."
Evidence, p. 123.



CONTROL AND REGULATION, cont'd.

Exclusive privileges:

See "Exclusive Privileges."
Exemption from regulation by charter
or statute:
See "Exemption from Regulation
by Charter or Statute."
Express Companies, p. 27.
Free transportation to ]io!ice ofificers,

p. 113.
Injunction:

See "Injunction."
Interstate and foreign commerce, pp.
3437, 3439.
See "Interstate and Foreign
Commerce."
Power of congress, p. 3439.
Power of state, p. 3470.
Intervention, p. 122-.
Judicial supervision, p. 114.
Judicial supervision and remedies in

general, p. 114.
Jurisdiction of proceedings to enforce

regulations, p. 121.
Licenses, p. 27.
Nonuser, p. 65.
Offenses by carriers or their agents:

See "Criminal Law."
Offenses by persons dealing with car-
riers or using their conveyances:
See "Criminal Law."
Parties to proceedings, p. 121:

By whom suit may be brought, p.

121.
Who are proper parties, p. 122.
Penalties for violations of regulations:
See "Penalties for Violations of
Regulations."
Petition, p. 122.
Places of stoppage, p. 97.
Pleading, p. 122.
Power of congress, p. 3419.
Power to control and regulate in gen-
eral, p. 20:
Carriers in general, p. 20.
Delegation of power:

See "Delegation of Power."
Express companies, p. 22.
Power of legislature, p. 20.
Railroad companies, p. 20.
Preferences and discriminat-'ons:

See "Preferences and Discrimina-
tions."
Presumptions and burden of proof, p.

123.
Privileges:

See "Exclusive Privileges."
Procedure in general, p. 121.
Proceedings to enforce or to prevent

enforcement of regulations, p. 114.
Railroad commissions:

See "Commissions."
Railroads, p. 26.
Receipt and transportation of freight

and passengers, p. 98.
Regulations of carriers:

See "Rules and Regulations of Car-
riers."



INDEX.



4181



CONTROL AND REGULATION, <;;;/(/.

Reports, p. 29.

Right of state to insist upon compli-
ance with regulations, 'p. 114.
Right to and mode of obtaining relief,
p. 117:
General rules, p. 117.
Quo warranto, p. 117.
Mandamus, p. 117.
Relief against unreasonable rates,

p. 119.
Relief to public, p. 120.
Rules and regulations of carriers:

See "Rules and Regulations of Car-
riers."
Scope of inquiry, p. 120.
Scope of judicial supervision, p. HI.
Statements, p. 29.
Stations:

Requiring stoppage at stations,
p. 97.
Street railroads, p. 2G.
Taxation, p. 27.

Transfers between street railroad com-
panies, p. 110.
Use of carrier's premises and of street
or premises adjacent thereto, p. 110.

CONVERSIONS

See "Trover and Conversions."

CORPORATION COMMISSIONS

See "Commissions."

CORPORATIONS

Interstate and foreign commerce:

See "Interstate and Foreign Com-
merce."
Tax on corporations engaged in inter-
state commerce:
See "Taxation."

CORPSE

See "Dead Bodies."

COSTS

Carriers of passengers, p. 3038.
Interstate and foreign commerce:

Proceedings in federal courts, p.
3832.

COTTON

Delivery of cotton to compress com-
pany, pp. 281, 290.
Preference to shipper in order of for-
warding goods, p. 226.
Usages and customs:

Delivery of cotton to compress
company, p. 282.

COUPLINGS

Carriers of passengers, p. 1826.

COUPONS

See "Tickets and Fares."



COURTS

Commerce court:

See "Interstate and Foreign Com-
merce."

CREDIT

Stoppage in transitu*

See "Stoppage in Transitu."

CREW OF TRAIN, p. 3457.

CRIMINAL LAW

See "Indictment and Information."
Carriers by water, p. 4012:
Defenses, p. 4013.
Evidence, p. 4013.

Failure to maintain fire drill and
provide extinguishing apparatus,
p. 4012.
Failure to post station bill assign-
ing crew to quarters, p. 4012.
Indictment, p. 4013.
Offenses incident to carriage of

passengers, p. 4012.
What constitutes offense and ele-
ments thereof, p. 4012.
Carriers of passengers:

Carrying more than a prescribed
number of passengers, p. 178.
Charges:

Overcharge, p. 178.
Colored persons:

Indictment for not providing" sep-
arate coaches, p. 181.
Separate coaches, p. 177.
Control and regulation, p. 176.
Death by wrongful act:

Negligence causing death, p. 179.
Evidence, p. 182:

Admissibility, p. 182.
Weight and sufficiency, p. 182.
Express companies:

Failure to deliver express matter to
consignee, p. 179.
Indictment and information:

See "Indictment and Information."
Indictment for violation of regulations,

pp. 176, 1799.
Instructions, p. 183.
Interstate and foreign commerce:

See "Interstate and Foreign Com-
merce."
Jurisdiction, p. 181.
Negligence:

Negligence causing death or injury,
p. 179.
Offenses by persons dealing with car-
riers or using their conveyances,
p. 183:
Acceptance and use of pass, p. 184.
General rules, p. 183.
Indictment, accusation, or com-
plaint, p. 18.''j.
01)structing train and endangering

safety of passengers, p. 185.
Sale of passenger tickets by brok-
ers, p. 183.
Stealing or attempting to steal a
ride on railroad trains, p. 184.



4182



INDEX.



CRIMINAL LAW, cont'd.

Penalties for violations of regulations:

See "Penalties for Violations of

Regulations."

Preferences and discriminations, p. 178.

Presumptions and burden of proof, p.

182.
Questions of law and fact, p. 183.
Separate coaches, p. 177.
Stations:

Failure to keep ticket office at sta-
tion open, p. 177.
Street railways:

Carrying more than a prescribed
number of passengers, p. 178.
Sunday:

Running freight trains on Sunday,
p. 177.
Violations of regulations, pp. 176, 1799.

CROSSING OTHER TRACKS

See "Contributory Negligence."

CROSSINGS

Carriers of passengers:

Announcing station and stopping
train, as required by law, at
crossing, p. 1926.
Contributory negligence:

Passenger crossing tracks to reach
station, train, or car, p. 2134.
Interstate and foreign commerce:

State regulations as to crossings, p.
3524.

CUSTOM HOUSE

Entry in custom house, p. 501.

CUSTOMS

See "Usages and Customs."

DAMAGES

Action for refusal to carry, p. 260.
Actions against carrier for breach of

contract, p. 468.
Actions for charges, p. 1173.
Baggage, p. 3197.
Breach of contract:
See "Contracts."
Carriers by water:

See "Carriers by Water."
Carriers of goods:

See "Loss or Injury to Goods."
Carriers of live stock, p. 1358:

See "Carriers of Live Stock."
Damages for wrongful delivery, p.

1302.
Evidence:

Evidence admissible to show

damages sustained, p. 1462.
Weight and sufficiency of evi-
dence, p. 1468.
Carriers of passengers:

See "Carriers of Passengers."
Connecting carriers:

See "Connecting Carriers."
Contracts:

See "Contracts."



DAMAGES, cfliifd.

Contracts for cars or other means of

transportation, p. 44S.
Dead bodies, p. 1256:

Excessive verdict, p. 1257.
Expenses, p. 1256.
Mental suffering, p. 1256.
Nominal damages, p. 1256.

Delay:

Carriers of live stock:

See "Carriers of Live Stock."
Delay in transportation or delivery:
Sec "Delav in Transportation or

Delivery."
Delivery by carrier, p. 593:

Action ex delicto or ex contractu,

p. 595.
Actual loss proximately resulting,

p. 594.
Compensatory damages, p. 594.
Computation of damages, p. 598.
Deduction of unpaid charges, p.

596.
Delaying notice of arrival of goods,

p. 59S.
Delaying notice of refusal of goods,

p. 599.
Evidence as to value, p. 599.
Evidence in general, p. 599.
Exemplary damages, p. 594.
Expenses, p. 597.

Failure or refusal to deliver, p. 594.
Failure to deliver, p. 593.
Goods having no market value, p.

597.
Goods shipped under contract of

sale, p. 597.
Inadequacy of damages, p. 600.
Interest as element of damage, p.

596.
Measure of damages, p. 595.
Misdelivery, pp. 593, 598.
Mitigation of damages, p. 599.
Nominal damages, p. 593.
Profits, p. 597.
Retail price, p. 597.
Value at destination, p. 595.
Value at place of shipment, p. 599.
Where goods are taken by legal

process, p. 597.
Demurrage:

See "Demurrage."
Deviation, p. 506.

Duty to receive and carry, pp. 260, 261:
Duty of owner to avert or mitigate

damages, p. 262.
Duty of owner to avert or miti-
gate loss, p. 262.
Elements and measure of damages,

p. 263.
Enhancing damages, p. 262.
Excessive or inadequate damages,

p. 265.
Exemplary damages, p. 265.
Measure of damages, p. 264.
Refusal to furnish cars, p. 264.
Ejection of passengers:

See "Ejection of Passengers."



INDEX.



4183



DAMAGES, cont'd.

Evidence:

Carriers of live stock, pp. 1358,

14(;3. 14(36.
Carriers of passengers, p. 2773:
Damages for breach of con-
tract, p. 2773.
In actions for ejectment, p.

2774.
In actions for personal injury,

p. 2775.
Mitigation or aggravation, p.

2774.
Punitive damages, p. 2776.
Exemplary damages:

See "Exemplary Damages."
Injury to goods:

See "Loss or Injury to Goods."
Interest, pp. 1326, 1350:

Interest as element of damage, p.

596.
Loss or injury to goods, p. 854.
Interstate and foreign commerce:

Requiring payment of damages in
prescribed time, p. 3545.
Interstate commerce:

Delay in transportation or delivery,
p. 669.
Limitation of liability:

See "Limitation of Liability."
Stipulation fixing measure of dam-
ages, p. 1071.
Value at time and place of ship-
ment, p. 1072.
Loss of goods:

See "Loss or Injury to Goods."
Mental and physical suffering, p. 663.

See "Carriers of Passengers."
Mitigation of damages:

Delay in transportation or delivery,
p. 665.
Nominal damages:
Delay, p. 640.
Notice:

Delaying notice of refusal of

goods, p. 599.
Notice of special circumstances, p.
642.
Overcharge, p. 1204.
Palace cars and sleeping car compa-
nies, p. 3240.
Penalty:

Damages in addition to statutory
penalty, p. 652.
Preferences and discriminations, pp.

228, 1192.
Profits:

Delay in transportation or delivery,

pp. 659, 671, 677.
Loss or injury to goods, p. 858.
Proximate and remote damages:

Delay in transportation or delivery,
pp. 637, 669.
Punitive damages:

See "Exemplary Damages."
Questions of law and fact:

Carriers of passengers, p. 2848.
Sales:

Delay in transpr)rtation or dtiivcry
of goods, pp. 659, 671, 677.



DAMAGES, cont'd.

Special damage?:

Delay, p.^640.

Loss or injur} to goods, p. 859.
Pleading and proof, p. 860.
Stoppage in transitu, p. 1251.
Tickets and fares:

Excessive and unauthorized charges,

p. 1605.
Refusal to sell ticket to one apply-
ing for transportation, p. 3042.

DAMAGES FOR VIOLATIONS OF
REGULATIONS, p 134:
Failure to stop at station, p. 135.
Limitation of actions, p. 136.
Measure of damages, p. 136.
Overcharge or discrimination, p. 135.
Petition or complaint, p. 137.
Power of legislature, p. 134.
When action will lie, p. 135.

DANGERS OF NAVIGATION

Limitation of liability, pp. 953, 1019.

DANGERS OF THE RIVER

Limitation of lial)ility, p. 1020.

DEAD BODIES, p. 1252.
Actions, p. 1253:

Evidence, p. 1255.

Form of action, p. 1253.

Pleading and proof, p. 1254.

Weight and sufliciency of evidence,
p. 1255.

Who may maintain action, p. 1253.
Board of health:

Duty to transport where rule of
board of health not complied
with, p. 1252.
Damages, p. 1256:

Excessive verdict, p. 1257.

Expenses, p. 1256.

Mental suffering, p. 1256.

Nominal damages, p. 1256.
Evidence, p. 1255.
Instructions, p. 1258.
Alileage book, p. 1253.
New trial, p. 1257.
Pleading, p. 1254.
Questions of law and fact, p. 1259.
Rights, duties and liabilities of carrier.

p. 1252.
Undertaker's charges, p. 1252.

DEATH BY WRONGFUL ACT

Criminal law:

Negligence causing death, p. 179.
Indictment and information, pp. ISO.

IS1.

DEBT

Delivery I)y carrier:

IxiL'lit of carrier to detain goods for
(lcl)t, ]). .V.Mt.

DECLARATION, PETITION OR

COMPLAINT

.Action for refusal to carry, p. 258.
Actions against carrier lor Ijreach of
Clin tract, p. 456.



4184



INDEX.



DECLARATION, PETITION OR
COMPLAINT, coiifd.
Bills of lading, p. 404.
Carriers of live stock:

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

See "Carriers of Passengers."
Connecting carriers:

See "Connecting Carriers."
Contributory negligence-

Negativing contributory negligence,
pp. :-'i)15, 2625.
Delay in transportation or delivery, p.

683.
Delivery by carrier.-

Action for failure to deliver, p. 582.
Demurrage, p. 716.
Injection of passengers:

See "Ejection of Passengers."
Limitation of liability

See "Limitation of Liability."
Loss or injury to goods, p. 802:

Aider by answer, p. 808.

Allegation as to consideration, p.
804.

Allegation as to contract of car-
riage, p. 80.5.

Allegation as to delivery to and
acceptance lay carrier, p. 804.

Allegation as to negligence of de-
fendant, p. 806.

Allegation that defendant a com-
mon carrier, p. H()?>.

Amendments, p. 808.

Construction of petition, p. 802.

Damage and value of goods, p. 807.

Description of property, p. 807.

In general, p. 802.

Necessity of allegations, p. 803.

Plaintiff's title or interest, p. 803.

Special statutory proceeding, p. 808.

Sufficiency of allegations, p. 803.

Whether action on case or in as-
sumpsit, p. 802.
Overcharge, p. 1199.
Palace cars and sleeping car companies,

p. 3229.
Penalties for violations of regulations:

See "Penalties for Violations of
Regulations."
Relation of carrier and passenger, p.

2.577.
Stations and stopping places:

Allegation of negligence, p. 2.590.
Tickets and fares:

Fraud, mistake, or negligence as to
ticket or transfers, p. 2572.
Trespass, p. 2542.

DECLARATIONS AND ADMISSIONS

Baggage, p. 3191.

Carriers of passengers, p. 2723.

Delay in transportation or delivery, p.

693.
Loss or injury to goods, p. 835:

Admi^cions in pleadings, p. 810.

Carrier's agent, p. 835.

Illustrations, p. 836.

Written communications, p. 836.
Palace cars and sleeping car companies,

p. 3232.



DECREE

See "Judgment."

DEFINITION

Common carriers, p. 1.
Freight, p. 1134.

DEGREE OF CARE REQUIRED

See "Carriers of Passengers."
Carriers by water:

See "Carriers by Water."
Carriers of passengers:

Degree of care required of passen-
gers:
See "Contributory Negligence."
Contributory negligence:

See "Contributory Negligence."
Ejection of passengers, pp. 2477, 2480:
_ Passenger under disability, p. 2487.
Evidence:

Carriers of passengers, p. 2722.
Instructions:

Carriers of passengers, p. 2950:
Form and requisites, p. 2950.
General rules, p. 2950.
Illustrations, p. 2955.
Misleading, p. 2951.
Must be consistent with prac-
tical operation ot business, p.
2952.
Stage coach carrier, p. 2956.
Standard of care required must

not be too great, p. 2953.
Use of word "highest" or "ut-
most," p. 2954.
Licensees:

See "Licensees, Trespassers, In-
truders, etc."
Protection of passengers, p. 2016.
Trespassers:

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

DELAY

See "Demurrage."
Baggage, p. 3157.
Carriers of live stock:

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

See "Carriers of Passengers."

DELAY IN TRANSPORTATION OR

DELIVERY, p. 605.
Actions for delay, p 681:

Acceptance of goods as condition
precedent, p. 682.

Admissibilit}' of evidence, p. 691.

Allegation as to deviation, p. 685.

Allegation as to form of contract,
p. 684.

Allegation as to overcharge of
freight, p. 685.

Allegation of acceptance, p. 685.

Allegation of contributory negli-
gence, p. 685.

Allegation of damages, p. 686.

Allegation of damage to each ar-
ticle, p. 686.

Allegation of negligence, p. 684.

Allegation of right of shipper to
sue, p. 685.



INDEX.



4185



DELAY IN TRANSPORTATION OR
DELIVERY, cont'd. ^
Actions for delay, cont'd.

Allegation of special damages, p.

686
Amendments, p. 687.
x\nswer, p. 6S7.
Burden of proof and presumotions,

p. 689.
Declaration and admission, p. G93.
Declaration, petition or complaint.

p. 683.
Defendant's pleading, p. 687.
Demurrer, pp. 687, 688.
Demurrers and exceptions, p. 687.
Dismissal and nonsuit, p. 689.
Evidence, p. 691.
Expert and ooinion evidence, p.

693.
Instructions, p. 695.
Issues, p. 688.

Joinder of causes of action, p. 681.
Judgment, p. 608.
Jurisdiction, p. 681.
Limitation of actions, p. 683.
Xature of action, p. 681.
Necessity of instructions, p. 696.
Notice of special circumstances, p.

686.
Payment of freight as condition

precedent, p. 683.
Particular allegations, p. 684.
Parties, p. 681.
Plaintiff's pleadings in general, p.

683.
Pleading, p. 683.
Prerequisites to bringing action, p.

682.
Province of court and jury, p. 695.
Questions of law and fact, p. 695.
Special plea, p 687.
Usages and customs, p. 691.
Variance, p. 689.
Venue, p. 681.
Verdict, p. 698.

Weight and sufficiency of evidence,
p. 694.
Act of God, pp. 618, 619:

Goods destroyed by act of God, p.
665.
Answer, p. 687.
Carrier not insurer, p. 608.
Carriers by water, p. 3890:

Delay in discharging, p. 3891.
Excuses for delay, p. 3890.
Failure to show contract of car-
riage, p. 3891.
General rules, p. 3890.
Losses during delay, p. 390:^.
Waiver of right to damages, p. 3891.
Carriers of live stock:

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

See "Carriers of Passengers."
Damages, p. 3056.
Evidence, n. 2707.
I-ixcessive damages, p. 3060.
Charges:

Payment of freight as condition
precedent to action for delay, p.
683.



DELAY IN TRANSPORTATION OR
DELIVERY, cont'd.
Connecting carriers:

See "Connecting Carriers."
Consignee:

Demurrage, and liability of con-
signee or owner for delay:
See "Demurrage."
Delay caused by act of consignor

or consignee, pp. 625, 627.
Duty of consignee to accept ffoods,

p. 636.
Duty of consignor and consignee to

avert or mitigate injury, p. 635.
Right to refuse goods, p. 568.
Consignee's fault, p. 625.
Consignor:

Delay caused by act of consignor or

consignee, pp. 625. 627.
Duty of consignee to accept goods,

p. 636.
Duty of consignor and consignee to
avert or mitigate injury, p. 635.
Consignor's fault, p. 625.
Damages, p. 637:

See "Carriers of Live Stock."
Arising proximately from delay, p.

637.
As for breach of contract, p. 637.
Certainty as to cause of damage, p.

638.
Consideration for stipulated dam-
ages, p. 640.
E.xemplarj' damages, p. 651.
Goods intended for sale. p. 677:

Goods sold to advantage, p. 677.
Knowledge of carrier, p. 678.
Loss of commission, p. 679.
Loss of profit on sales, p. 677.
Shipment to fill penalty con-
tract, p. 679.
Goods intended for use of con-
signee, p. 666:
Damages must be certain, p.

667
Earning capacity of goods, p.

673.
Fertilizer, p. 677.
General rule, p. 666.
Goods for immoral use, p. 677.
Goods used for theatrical or

amusement purposes, p. 675.
Goods used in building, p. 675.
Goods used in canning and

packing, p. 675.
Goods used in feeding cattle, p.

676.
Goods used in household, \>.

674.
Goods used in manufacturing,

p. 674.
Goods used in milling and lum-
bering, p. 674.
Goods used in trade, p. 674.
Interest on value of goods, p.

672.
Interstate commerce act, p. 669.
Knowledge of carrier, p. 667.
Loss on collateral contract, p.

673.
Measure of damages, p. 670.



4186



INDEX.



DELAY IN TRANSPORTATION OR
DELIVERY, cout'd.
Damages, cont'd.

Goods intended for use of con-
signee, cont'd.
Particular goods, p. 674.
Profits as element of damages,

p. ()70.
Profits on sales, p. 671.
Proximate and remote dam-
age?, p. 669.
Rental value of goods, p. 675.
Wages paid employee, p. 670.
Goods intended to be repaired:
Measure and elements of dam-
ages, p. 680.
Notice, p. 680.
Illustrations, pp. 638, 639.
Injury to perishable goods from

loss of ice, p. 638.
Interest on debt to be satisfied by

goods, p. 638.
Liability in general, p 637.
Market value, pp. 653, 655.
Measure of damages, pp. 637, 652.
Additional damages, p. 6.56
Analogy to case of loss of

goods, p. 655.
Damage after refusal to accept,

p. 664.
Damages in addition to statu-
tory penalty, p. 652.
Decrease in market value, p.

653.
Demand and refusal, p. 665.
Demurrage paid by shipper, p.

661.
E.'-cpenses occasioned by delay,

p. 660.
General rule, p. 652.
Goods having market value, p.

657.
Illustrations, pp. 655-659.
Interest on value of goods, o.

662.
Liability as for conversion, p.

663.
Loss of profits, p. 650.
Market at place of destination,

p. 660.
Mental and physical suffering,

p. 663.
Notice to carrier, p. 659.
Perishable goods, p. 658.
Storing, and preserving goods,

p. 661.
What constitutes market value,

p. 655.
Where goods destroyed by act

of God, p. 665.
Where goods shipped to an-
• other market, p. 657.
Where goods useless to con-
signee, p. 664.
Where market value does not

fluctuate, p. 657.
Where receipt of goods de-
layed, p. 657.
Mitigation of damages, p. 665.
Notice of special circumstances, p.
642:



DELAY IN TRANSPORTATION OR
DELIVERY, cont'd.
Damages, cont'd.

Notice of special circumstances.
cont'd.

■ By whom notice given, p. 645.
Cotton seed meal, p. 650.
Delay in delivery, p. 648.
Implied notice, p. 649.
Necessity of notice, p. 642.
Notice from mode of shipment,

p. 649.
Notice from nature of goods, p,

650.
Notice given subsequent to

shipment, p 646
Notice of general use of goods,

p 645.
Notice of particular facts, p.

643.
Notice on return shipment, p.

643.
Notice to agent, p. 648.
Reason for rule, p. 646.
Sufficiency of notice, p. 644.
Time notice given, p. 645.
Profits, pp. 659, 671, 677.
Proximate and remote damages, pp.

637, 6C9.
Proximate cause, p. 637.
Special circumstances:

Allegation of notice of special
circumstances in complaint,
p. 686.
Special damages, p. 640:
General rule, p. 640.
Within contemplation of par-
ties, p. 642.
Time of reporting claim for dam-
ages, p. 681.
Williin contemplation of parties, p.
638.
Declaration, petition or complaint, p.
683.

Declarations and admissions, p. 693.
Delay under time contract, p. 630;
Act of God as excuse, p. 633.
Carrier insurer, p. 632.
General rule, p. 630.
Lialiility regardless of cause, p. 630.
Powei of agent to make contract, p.

633.
Sufficiency of contract, p. 631.
What constitutes contract, p. 631.
Demurrage, and liability of consignee
or owner for delay:
See "Demurrage."
Demurrer, pp. 687, 688.
Diligence required of carrier, p. 608:
Carrier not insurer, p. 608.
Illustrations, pp. 608, 609.
Reasonable and ordinary diligence,

p. 608.
\\'hat constitutes reasonable dili-
gence, p. 611.
Where carrier exercises reasonable

diligence, p 609.
With all possible dispatch, p. 609.

Dismissal, discontinuance and nonsuit,
p. 689.



INDEX.



4187



DELAY IN TRANSPORTATION OR
DELIVERY, cont'd.
Duty to deliver within a reasonable

time, pp. 606. 607.
Duty to provide proper facilities:

Unusual rush of business as excuse

for delaj' in transportation, p. 6;?2.

Duty to transport freight promptly, p.

■399.
Evidence, p 691:

Admissibility of evidence, p. 691.
Weight and sufficiencv of evidence,
p. 694.
Excuses for delay, p. 617:
Act of God. pp. 617, 619.
Burden of proof, p. 690.
Carrier must notice signs of danger,

p. 619.
Carrier on same footing as other

bailees, p. 618.
Causes beyond control of carrier, p.

617.
Delaj' caused bj' act of consignor or

consignee, p. 625.
Delay caused by act of God. public

eneni}', etc., p. 619.
Delay caused by misdirection of

goods, p. 627.
Delay caused by rule of carrier, p.

627.
Delay caused by strikes and riots,

p. 627.
Delaj^ caused by unusual rush of
business:
See infra, "Delay Caused by
Unusual Rush of Business."
Delay under time contract:

See infra, "Delay under Time
Contract."
Due diligence in care for property.

p. 61S.'
Duty of carrier after excusing

cause removed, p. 634.
Floods, p. 620.
Garnishment, p. 620.
General rule. p. 617.
In absence of express contract, p.

6 IS.
In addition to act of God or public

enemy, p. 618.
Inevitable accident, p. 617.
Quarantine, p. 620.
Railroad on same footing as othor

carriers, p. 619.
Refusal of clearance liy collector of

port, p. 620.
Refusal to pay freight, p. 62.i.
Riots, p. 627.
Seizure under judicial process, p.

620.
Stipulation for exemption from par-
ticular cause, p. 618.
Strikes, p. 627.
Exemplary damages, p. 6.")1.



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