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Thomas Johnson Michie.

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

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PLxpert and opinion evidence, p. 693.
Floods, pp. 619. 620.
Garnishment, p. 620.
General rule, p. 606.

Implied contract to transport and de-
liver in a reasonable time, pp. 606, 607.
Inevitable accident, pp. 617, 618, 619.



DELAY IN TRANSPORTATION OR
DELIVERY, coiird.

Instructions, p. 69.5:

Form, requisites and sufficiency cf
instructions, p. 697.

Necessity and propriety of instruc-
tions, p. 696.

Province of court and jury. p. 695.
Insurer, p. 608.
Interstate and foreign commerce:

State statutes regulating, p. 3523.
Interstate commerce:

Damages, p. 569.
Joinder of causes of action, p. 681.
Judgment, p. 698.

Liability for unreasonable delay, p. 514.
Liability of consignee or owner for de-
lay:

See "Demurrage."
Limitation of actions, p. 682.
Limitation of liability, pp. 957, 970.

Limitation of amount of liability, p.
1080.

Loss from delay, p. 1020.
Live stock:

See "Carriers of Live Stock."
Market value, p. 692.
^Measure of damages:

See infra. "Damages."
^litigation of damages, p. 665.
Nominal damages, p. 640.
Notice:

Notice to shipper of congestion of
traffic, p. 624.
Notice of loss and presentation of claim,.

p. 1101.
Notice of special circumstances, p. 642.
Parties, p. 681.
Passengers:

See "Carriers of Passengers."

Perishable goods, p. 614:

General rule, p. 614.

Natural tendency to decay, p. 614.

Particular goods, p. C17.

Preference to be given perishable
goods, p. 615.

Shipment by next train, p. 616.

Shipment nn Sundays and holidays,
p. 616.

Shipment over connecting carrier,
p. 616.

What is perishable property, p. 614.

^^'hen carrier liable, p. 614.
Pleading, p. 683.
Presumptions and Inirden of proof, p.

689.
Profits, pp. 659, 671, 677.
Public enemy, pp. 618. 619.
Quarantine, p. 620.
Questions of law and fact, p. 695.
Reasonable diligence:

See infra, "Diligence;" "What Con-
stitutes Rcasonalde Diligence."
Riots, p. ()27.
Rush of business:

See infra, "Unusual Rush of Busi-
ness."
Special damages, p. 640.
Stock:

See "Carriers of Live Stock."



4188



INDEX.



DELAY IN TRANSPORTATION OR
DELIVERY, coiifd.

Strikes, p. tV27.

Sundays and holidays, p. 611.

Time contract:

See infra, "Delay under Time Con-
tract."
Trover and conversion:

Liability as for conversion, p. 663:
Demand and refusal, p. 66o.
General rule, p. 663.
Goods destroyed by act of God,

p. 665.
Where goods useless to con-
signee, p. 664.
Unusual rush of business, p. 621:

At time contract of shipment made,

p. 623.
Car shortage, p. 622.
During part of year, p. 623.
Duty to provide proper facilities, p.

622.
Liability for delay caused by un-
usual rush of business, p. 621.
Notice to shipper, p. 624.
Shipment over connecting carrier,

p. 623.
Where carrier could have avoided

delay, p. 624.
Where carrier used due diligence, p.
622.
Usages and customs, p. 691.
Variance, p. 689.
Venue, p. 681.
Verdict, p. 698.

What constitutes reasonable diligence,
p. 611:
Computing time, p. 613.
Delay at transfer points, p. 612.
Delay during Sundays and holidays,

p. 611.
Delivery in compliance with cus-
tom, p. 611.
Delivery in usual course of business,

p. 611.
Dependent on the facts of each case,

]). 611.
Failure to deliver at night, p. 613.
Particular instances of delay, p. 614.
Sundays and holidays, p. 611.
What is perishable property, p. 614.

DELEGATION OF POWER, p. 22:

Charges:

See "Charges."
Commissions, p. 22.
General rules, p 22.
Municipal corporations, p. 22:

Charges, p. 43.

DELIVERY

Bills of lading:

Transfer operating as constructive
delivery of goods, p. 370.

DELIVERY BY CARRIER

Actions for failure to deliver or misde-
livery, p. 579:
Admissibility of evidence, p. 589.
Answer, p. 584.



DELIVERY BY CARRIER, cont'd.^
Actions for failure to deliver or misde-
livery, cont'd.
Assumpsit, p. 581.
Case, p. 5S1.

Conditions precedent, p. 579.
Damages :

See infra, "Damages."
Declaration, petition or complaint,

p. 582.
Demand, p. 579.
Documentary evidence, p. 591.
Form of action, p. 581.
Instructions, p. 602.
Issue, p. 585.

Toinder of actions, p. 582.
Tudgirient, p. 603.
Jurisdiction, p. 582.
Necessary allegations, p. 5'^3.
Necessity for demand, p. 579.
Parol evidence, p. 591.
Parties, p. 582.
Plea. p. 584.
Pleading, p. 582.
Presumptions and burden of proof,

p. 586.
Production of bill of lading, p. 589.
Proof, p. 585.

Questions for jury, p. 600.
Replevin, p. 581.
Tender of charges, p. 580.
Trial, p. 600.
Trover, p. 581.
Variance, p. 586.
Venue, p. 582.
Verdict, p. 603.

Weight and sufficiency of evidence,
p. 592.
Answer:

Action for failure to deliver, p. 584.

Assumpsit:

Assumpsit for failure to deliver, p.
581.

Attachment:

See infra, "Goods Seized under Le-
gal Process."
Baggage:

See "Baggage."

Bill of lading:

Carrier requiring production a"'l
surrender of bill of lading, p. 519.
Contradiction between bill of lad-
ing and marks on goods, p. 538.
Delivery to holder of bill of lad-
ing, p. 547.
Delivery without proauction of bill
of lading, p. 555:
Bill attached to draft, p. 559.
Direction in bill to notify third

person, p. 560.
Duplicate bills, p. 560.
Effect of delivery to proper

person, p. 5:"~.
General rule, p. 555.
Laches of bolder of ^■•■'' -^ ''■"'^■
Liability to bona fide holder,

p. 558.
Statutes requiring surrender of
bills of lading, p. 557.



INDEX,



4189



DELIVERY BY CARRIER, coufd.
Bill of lading, cont'd.

Delivery without production of bill
of lading, cont'd.
Stipulation requiring produc-
tion of bill. p. 556.
Subsequent transfer of bill, p.

558.
Where goods have been trans-
ferred from one carrier to
another, p. 555.
Demand of delivery, p. 378.
Duty to deliver to transferee, p. 376.
Effect of transfer where no goods
delivered to carrier:
Title to goods not shipped or
included in bill, p. 37?!.
Liability for misdelivery or delay

— In general, p. 378.
Nonnegotiable bill, p. 377.
Notice of owner's rights, p. 376.
Payment of freight and charges as

condition precedent, p. 378.
Person to whom deliver^' author-
ized, p. 342:
Consignee, p. 342.
Direction to notify a named

person, p. 343.
General rule, p. 342.
Open and closed shipments, p.
342.
Production and cancellation of bill

of lading, p. 377.
Waiver or right to indorsement of
bill, p. 379.
Carrier as Warehouseman:

See "Carrier as Warehouseman."
Carrier by vvater, pp. 527, 3892.

Failure or refusal to deliver, p.

3892.
Misdelivery, p. 3895.
Mode and sufficiency of delivery,

p. 3894.
Notice of arrival of goods, p. 3893.
Place of delivery, p. 3894.
Short delivery, p. 3892.
To whom delivery may be made,

p. 3895.
Usages and customs, p. 3895.
Carriers of Live Stock:

See "Carriers of Live Stock."
Charges:

Duty to inform consignee of
charges, p. 531.
C. O. D.. p. 569.
Connecting carriers, p. 3272:

See "Connecting Carriers."
Delivering stock to stockyard, p.

3363.
Delivery to succeeding carrier, p.

3359.
Termination of liability of initial
or prior carrier, p. 3359.
Consignee:

Delivery to consignee, p. 542.
Duty of consignee to remove

goods, p. 564.
Failure or refusal of consignee to
receive goods, p. 565.



DELIVERY BY CARRIER, cont'd.
Consignee, cont'd.

Failure or refusal of consignee to
receive goods, cont'd.
Delay in delivery, p. 568.
Duties of carrier in general,

p. 566.
Excuses for failure to receive,

p. 568.
General rule, p. 565.
Notice to consignor, p. 567.
Perishable goods, p. 569.
Return of goods by consignee

after delivery, p. 568.
Return of goods to consignor,

p. 567.
Sale of rejected or unclaimed

freight, p. 568.
Statute regulating sale of re-
jected freight, p. 568.
Storage in safe place, p. 566.
Where carrier converts goods,
p. 566.
Fraudulent consignee, p. 553.
Consignor:

I'ailure or refusal of consignee to
receive goods, p. 565.
Constructive delivery, p. 524.
Conversion, pp. 511, 513.
Damages, 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. 598.
Delaying notice of refusal cf 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. 590.
Where goods are taken by legal
process, p. 597.

Debt:

Right of carrier to detain goods
for debt, p. 520.



4190



INDEX.



DELIVERY BY CARRIER, cont'd.
Declaration, petition or complaint:

Action for failure to deliver, p. 582.
Delay:

Carriers of live stock:

See "Carriers of Live Stock."'
Delay in delivery:

See "Delay in Transportation or
Delivery."
Delivery to succeeding carrier:
See "Connecting Carriers."
Demand, p. 579:

Necessity for demand, p. 579.
Duplicate bill of lading, p. 500.
Duration and termination of transit:
Delivery to local carrier selected
by consignee, p 1238.
Duties in making delivery, p. 528.
Duty to deliver, p. 511.
Evidence: , ,.

Action for failure to deliver, pp.
585. 586, 589.
Execution: ^ . , , t

See infra: "Goods Seized under Le-
gal Process."
Exemplary damages, p. 594.
Fraud and deceit, p. 552:

Delivery to fraudulent consignee, p.
553.
Goods seized under legal process, p.-
573 :
Attachment against person other

than owner, p. 575.
Duties of carrier, p. 577.
Duty to resist judicial process, p.

577.
Excuses nondelivery, p. 573.
Garnishment of carrier, p. 579.
Goods wrongfully detained, p. 575.
Liability of carrier, p. 573.
Notice of seizure, pp. 577, 578.
Rights of attaching officer, p. 579.
Seizure under police regulations,

p. 578.
Validity of process, p. 574.
When goods are attachable, p. 576.

Grain :

Statutory provisions, p. 541.
Holidays, p. 534.
Inspection:

Opportunity to inspect and remove
goods, p. 530.

Instructions:

Actions for failure to deliver or
misdelivery, p. 602.
Interstate and foreign commerce, p.
3647: .

State law regulating time, place and
manner of delivery, p. 3517.

Joinder of actions:

Joinder of action for failure to de-
liver, p. 582.
Judgments and decrees:

Actions for failure to deliver or
misdelivery, p. 603.

Jurisdiction;

Action for failure to deliver, p. 582.
Larceny, p. 516.



DELIVERY BY CARRIER, cont'd.
Liability for failure or refusal to de-
liver, p. 512:
Act of God, p. 516.
Act of public enemy, p. 516.
Detention for charges, p. 520.
Detention for debt, p. 520.
Estoppel to set up title in another,

p. 517
Excuse for nondelivery, p. 516.
Goods lost after failure to deliver

on demand, p. 515.
Liability as for conversion, p. 513.
Liability for breach of contract, p.

512.
Liability in general, p. 512.
Kt(4uiring production and surren-
der of bill of lading, p. 519.
Requiring proof of right to goods,

p. 518.
Right to reciuire receipt before de-
livery, p. 518.
Unreasonable delay:

See "Delay in Transportation
and Delivery."
Lien for charges:

Waiver of lien by delivery, pp. 1164.
1165, 1166.
Limitation of liability:

Delivery to wrong person, p. 1080.
Loss or injury to goods:

Evidence sufficient to show deliv-
ery to consignee in damaged con-
dition, p. 842.

Marking:

Contradiction between bill of lad-
ing and marks on goods, p. 538.
Misdelivery, p. 549:

Actions for misdelivery:

See infra, "Actions for Failure
to Deliver or Misdelivery."
Damages, p. 598.
Defenses, p. 561:

Generally, p. 561.
Mistake in directions, p. 562.
Ratification of unauthorized de-
livery, p. 562.
Receiot of payment for goods,

p. 5"64.
Subsequent payment of draft,

p. 564.
The acceptance of goods, p.
563.
Deliverv to wrong person, p. 549.
Delivery without production of bill

of lading, p. 555.
Fraud, p. 552.

Fraudulent consignee, p. 553.
Goods consigned to fictitious firm,

p. 554. .

Goods shipped on fictitious order,.

PP- 554. .

Liability as tor conversion, p. ool.
Liability in general, p. 549.
Mistake, p. 552.
Presumptions and burden of proot..

p. 588.
Two persons with same name, p-
555.



IXDEX.



4191



DELIVERY BY CARRIER, cnifd.

Alisdelivery, cont'd.

Where goods have been transferred
from one carrier to another, p.
.") 5 o .
Mistake, p. o52:

Mistake in directions, p. 562.
Mode of deliver}', p. 522.
Name:

Two persons with same name, p.
555.
Necessity for personal deliver}', p. 5'5-l:

Carriers by wagon, p. 5;]4.

Carriers by water, p. 536.

Express companies, p. 534.

General rule, p. 534.

Railroad companies, p. 536.
Notice to consignee, p. 528:

Illustrations, pp. 528, 529.

Newsnaper notice, n. 52^!.

Sufficiency of notice, p. 523.
Parol evidence:

Actions for nondelivery or misde-
livery, p. 591.

Parties:

Action for failure to deliver, p. 5S2.

Place of delivery, p. 537:

Contradiction between bill of lad-
ing and marks on goods, p. 538.

Delivery of grain — Statutory pro-
visions, p. 541

Destination not on carrier's route,
p. 537.

General rule, p. 537.

Intermediate point, p. 540.

Regulations respecting delivery, p.
.537.

Shipments in carload lots, p. 541.

Specified place, p. 540.

Usage or custom, p. 538.

Usual place at destmation, p. 539.

Plea:

Action for failure to issre, p. 584.
Presumptions and burden of proof, pp.

5S7, 81 1').
Questions of law and fact. p. 600.
Rain, p. 5:'.4.

Reasonable hours, p. 533.
Reasonable time, p. 533.
Receipts :

Receipt as constituting delivery, p.
525.
Removal of goods:

Opportunity to remove goods, p.
5:'.o.

Replevin :

Replevin for failure to deliver. \\
581.
Rules and regulations of carrier:

Place of delivery, p. 537.
Safe-keeping of goods, p. 529.
Special contracts, p. 433.
Stock:

See "Carriers of Live Stock."
Stoppage in transitu:

See "Stoppage in 'IVansitu."



DELIVERY BY CARRIER, confd.
Sundays and holidays:

Delay in transportation or delivery,
p. 611.
Time of delivery, p. 533.
Trespass on the case:

Case for failure to deliver, p. 581.
Trover and conversion:

Delivery to wrong person, p. 551.
Trover for failure to deliver, p. 581.
To whom delivery may be made, p. 542:
Actual owner, p. 547.
Agent of consignee, p. 542.
Agent of consignor, p. 546.
Care of third person, p. 546..
Consignee, p. 542.
Consignor, p. 546.
Holder of bill of lading, p. 547.
Holder of indorsed bill of lading,

p. 547.
Notice that consignee was not en-
titled to deliver, p. 542.
Unloading goods, p. 529.
Usages and customs:

Custom must be known, p. 532.
Custom must be reasonable, p. 532.
Custom must not violate contracts,

p. 532.
Delivery according to usage of

port, p. 531.
KfTect of custom or usage, p. 531.
Variance:

Actions for failure to deliver or
misdelivery, p. 586.
Venue:

Action for failure to deliver, p. 582.
Verdict:

Actions for failure to deliver or
misdelivery, p. 603.
Waiver of objections, p. 522.
Warehouseman:

See "Carrier as Warehouseman."
What constitutes delivery, p. 522:
Acceptance by agent, p. 524.
Acts not constituting acceptance, p.

523.
Constructive delivery, p. 524.
Delivery by one carrier to another,

p. 525.
Delivery to independent warehouse-
man, p. 526.
General rules, p. 522.
No delivery where carrier in con-
trol of goods, p. 522.
Partial delivery, p. 526.
Receipt for good's, p. 525.
Transfer to warehouse, p. 525.
Where something remains to b.e
done, p. 523.

DELIVERY OF BILL OF LADING

See "Bills of Lading."

DELIVERY TO CARRIER

.Authoritv of agent to receive goods, p.

277:
Authority of third persons, p. 280.
Custom or special contract, p. 282.
Delivery of cotton to compress

company, p. 2^1.



4192



INDEX,



DELIVERY TO CARRIER, cont'd.
Authority of agent to receive goods,
cont'd.
Delivery to agent, p. 277.
Delivery to lighterman to be car-
ried to ship, p. 280.
Frequent exercise of authority, p.

279.
General rules, p. 277.
Illustrations, pp. 279, 280.
Officers and agents in general, p.

278.
Particular persons, pp. 278, 279,

280.
Person in apparent charge of sta-
tion, p. 278.
Proof of authority, p. 283.
Special agents, p. 280.
Station agents, p. 278.
Baggage:

See "Baggage."'
Bills of lading:

See "Bills of Lading."
As evidence of receipt and accept-
ance of shipment, p. 341.
Destination or place of deliver}', p.

341.
Effect of transfer where no goods

delivered to carrier, p. 373.
Effect of transfer where no goods
delivered to carrier:
General rules, p. 373.
Evidence of time of receipt of ship-
ment, p. 341.
Necessity for and efifect of bill of
lading, p. 291:
Authority of oflficer, p. 294.
Efifect of issuance of bill of

lading, p. 293.
Efifect of statute as to com-
mencement of liability, p. 294.
General rules, p. 291.
Liability begins on receipt of

goods, p. 292.
Verbal contract sufficient, p.
293.
Carrier as warehouseman:

See "Carrier as Warehouseman."
Compress company:

Delivery of cotton to compress
company, pp. 281, 290.
Cotton:

Delivery of cotton to compress
company, pp. 281, 290.
Delivery for immediate shipment or
storage, p. 284:
Absolute deposit with carrier, p.

28fi.
Both carrier and warehouseman, p.

28G.
Carrier's possession prior to tran=.-

portation, p. 286.
Delivery must be for immediate

shipment, p. 285.
Delivery must be for shipment and

not for storage, p. 284.
In case of live stock, p. 287.
Lack of cars, p. 287.
Something to be done prior to
transportation, p. 288.



DELIVERY TO CARRIER, cou'.'d.
Evidence, p. 29.J:

Admissibility of evidence to show

delivery, p. 29.").
Bill of lading or receipt as evidence,

p. 295.
Sufficiency of evidence of delivery,
p. 295.
Loss or injury to goods:

Evidence that carrier received

goods, p. 841.
Sufficiency of evidence as to deliv-
ery to carrier in sound condition,
p. 842.

Necessity for and effect of delivery and
acceptance, p. 266:

Acceptance for immediate trans-
portation, p. 267.

Action for refusal to furnish cars,
p. 268.

General rules, p. 266.

Liability as for money had and re-
ceived, p. 268.

Receipt of goods foundation of
contract, p. 267.

Waiver of delivery — Breach of con-
tract, p. 268.

Notice of deposit and acceptance, p.
271 :
Acceptance implied from proper

delivery, p. 274.
Actual and constructive notice and

acceptance, p. 273.
Constructive notice and acceptance,

pp. 273, 274.
Goods loaded on cars, p. 276.
Merely depositing goods in place

convenient for carrier, p. 273.
Mere permission to place cattle in

j'ards — Escape, p. 273.
Necessity of notice, p. 271.
Roadside deposit of freight, p. 272.
Special agreement, p. 275.
LTsages and customs, p. 274.
Ordinary course of business as common

carrier, p. 269.
Payment of charges, p. 290.
Place and time of delivery, p. 269.
Presumptions and burden of proof, pp.

295, 587, 816.
Questions of law and fact, pp. 296, 868.
Receipt of goods as prerequisite to is-
suance of bill of lading:
See "Bills of leading."
Something to be done prior to trans-
portation, p. 288:
Absence of directions as to ship-
ment, p. 290.
Cotton at compress, p. 290.
Deposit subject to shipper's order,

p. 291.
General rules, p. 288.
Liable onlv as warehouseman, p.

289.
Necessity for loading on cars, p.

291.
Payment of charges, p. 290.
When liability begins, p. 288.
Time of delivery to carrier, p. 436.



INDEX.



4193



DELIVERY TO CARRIER, coufd.

What constitutes deliver}^ and accept-
ance, p. 268.
When liability commences, p. 266.
Warehouseman:

See "Carrier as \\'arehousenian.''

DEMAND

Charges, p. 1142.
Delivery by carrier, p. 579:

Necessity for demand, p. 579.
Overcharge, p. 1199.

DEMURRAGE, pp. 699, 3950:
Actions, pp. 716, 3972.
Act of God, p. 3953.
Adoption of regulation, p. 701.
Applicability to railroads, p. 699.
Arrival at coal piers, p. 710.
Arrival at destination, p. 709.
Arrival at port, p. 709.
Arrival on particular track, p. 710.
Awaiting orders, p. 710.
Bill of lading:

Liability of holder of bill of lading,

p. 712.
Necessity for bill of lading, p. 702.
Rules contained in bills of lading,

p. 706.
Stipulations for demurrage, p. 354.
Car service association:

Rules framed by car service asso-
ciation, p. 705.
Charges on cars of another carrier, p.

703.
Charter party provisions, p. 3950.
Compensation as warehouseman, p. 700.
Consignee's remedies, p. 717.
Continuance at destination, p. 711.
Contract :

Necessity for contract, p. 701.
Contract for payment before delivery,

p. 710.
Damages in nature of demurrage, p.

702.
Declaration, petition or complaint, p.

716.
Defenses, pp. 716, 3972.
Definition, pp. 699. 3950.

Delay during voyage, p. 3959.
Delay fault of vessel or owner, p.

3953.
Delay in loading or sailing, p. 3957.
Delay in unloading, p. 3960.
Demand for demurrage, p. 3966.
Designation of berth, p. 711.
Evidence, p. 717.
Goods destroyed, p. 703.
Goods in car or warehouse, p. 702.
Goods refused by consignee, p. 703.
Goods shipped to consignee or con-
signor, p. 703.
Goods to be shipped over connecting

line. p. 703.
Held for transshipment, p. T H'.

Indemnity, p. 397 1.
Interstate and foreign commcrc.;:

Sec "Interstate and i'orcign Com-
merce."



DEMURRAGE, cont'd.
Issues and proof, p. 716.
Jurisdiction, p. 716.
Lay days, p. 3967.

Liability of charterer of ship, p.
3955.
Liability of consignee or owner for de-
lay, p. 699.
Liability of purchaser of cargo, p.

3956.'
Libel, p. 3972.
Lien for demurrage, pp. 714, 3972:
General rule, p. 714.
Illustration, p. 715.
Railroad commissions, p. 714.
Relinquishment of lien, p. 715.
Statutory provision, p. 715.
Limitations and laches, p. 3973.
Necessity for bill of lading, p. 702.
Necessity for contract, p. 701.
Necessity for statute, p. 702.

Negligence or wrongful acts of
third persons, p. 3954.
Notice:

Notice of rules and regulations, p.
706.
Notice of arrival, p. 711.
Persons liable for demurrage, p. 712:
Agent, p. 712.
Consignee, p. 712.
Consignor, p. 712.
Holder of bill of lading, p. 712.
Power to regulate and control, p. 699.
Preferences and discrimination, p. 3706.
Presumptions and burden of proof, p.

3973.
Principal and agent, p. 712.
Public enemy, p. 3954.
Questions of law and fact, p. 717.
Recovery of overcharges, p. 718.
Reference to maritime law. p. 699.
Refusal to switch cars, p. 716.
Remedies, p. 716.
Remedies of carrier, p. 716.
Remedies of consignee, p. 717.
Right of carrier to charge, p. 699.
Right of vessel to charge in general, p.

3952.
Rules and regulations, p. 704:

Adoption of regulation, p. 701.
By whom promulgated, p. 705.
Construction of rules, p. 705.
Contract with reference to regula-
tion, p. 701.
Form and requisites of notice, p.

707.
General and uniform application, p.

705.
Necessity for, p. 704.
Necessity for counter penalties, p.

705.
Necessity of notice, p. T06.
Notice, p. 706.
Purpose and object, p. 704.
Right to adopt, p. 699.
Rules contained in bills of lading,

p. 706.
Rules framed by car service asso-
ciation, p. 705.
Strikes, p. 3954.



4194



IXDEX.



DEMURRAGE, cont'd.

Sundays and holidays, p. l;969.

Terminal defined, p. 699.

Time and amount of charge, p. 707:

As at maritime law. p. 709.

Computing time, p. 707.

In excess of value of goods, p. 708.

Interest on cost of car. p. 709.

Question for jury, p. 709.

Reasonableness of charge, p. 708.

Reasonableness of time, p. 707.
Time, computation of, p. 70 7.
Usages and customs, p. :\\t<yi.
Waiver and release of demurrage, p.
3971.

DEMURRER

Delay in transportation or delivery, pp.

687, 688.
Limitation of liability, pp. 1027, 1029.

DEPOSIT

Notice of deposit and acceptance:
See "Delivery to Carrier."

DEPOTS

See "Stations."

DERAILMENT

Carriers of live stock, pp. 13.9, 1381.

DEVIATION

See "Route and Deviation There-
from."

DILIGENCE

See "Carriers of Live Stock;" "De-
lay in Transportation or Deliv-
ery."
Carrier as warehouseman:

See "Carrier as Warehouseman."

DIRECTING VERDICT

Bills of lading, p. 407.

Carriers of passengers, pp. 28.57, 2836,

2888, 2898, 2903, 2904, 2909.
Limitation of liability, p. 1050.
Loss or injury to goods, p. 867.

DIRECTION

See "Marking."
Delay caused by misdirection of goods,

p. 627.



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