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Thomas Johnson Michie.

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

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Mistake in directions, p. 562.

DISCONTINUANCE

See "Dismissal, Discontinuance and
Nonsuit."

DISCRIMINATION

See "Preferences and Discrimina-
tion."

DISEASE

Carriers of passengers:

Communication of disease by em-
ployee to passenger, p. 2003.
Contagious disease, p. 2018.
Interstate and foreign commerce, p.
3428.



DISMISSAL, DISCONTINUANCE AND
NONSUIT

Carriers of passengers, pp. 2858, 2S86.

2888, 2898, 2903, 2904, 2909.
Connecting carriers.

Limitation of liability, p. 3367.
Delay in transportation or delivery, p.

G89.
Ejection of passengers, p. 2850.
Loss or injury to goods, p. 868.

DISORDERLY CONDUCT

Ejection of passengers, p. 2417.

DOCK

.See "\\'har\-es."

DOCUMENTARY EVIDENCE

Loss or injur}' to goods, pp. 837, 829,
837.

DOGS

Baggage, p. 3122.

Duty to receive and carry, p. 243.

DRAFTS

Bill of lading:

Delivery by carrier where bill of

lading is attached to draft, p. 5V."t.

Delivery without bill of lading, p.

559.
Deposit of draft with bill of lading

attached for collection, p. 398.
Purchase or discou.nt of draft with
bill of lading attached, p. 390:
Charging unpaid draft to draw-
er's account, p. 39**.
Deposit of draft with bill of
lading attached for collection,
p. 39'^.
Drawer indebted to dravv'ce or

consignee, p. 302.
Effect of consignee's accepting

and paying draft, p. 398.
Eorged bill of lading, p. 397.
Fraudulent bill, p. 397.
Intervention in garnishment

proceedings, p. 397.
Liability of purchaser for short-
age or inferiority of ship-
ment, p. 393.
Notice that payment to drawee

unauthorized, p. 392.
Notice that payment to drawer

unauthorized, p. 392.
Recording papers, p. 390.
Rights against carrier, p. 393.
Rights against third persons, p.

393.
Rights and title of purchaser,

p. 390.
Right to sue for purchc'e price
or for conversion of goods,
p. 393.
Transfer of bill of lading with
bill of exchange attached, p.
390.
Warranty, p. 394.
Sale or payment of draft with bill
of lading attached, p. 366.



INDEX.



4195



DRAFTS, cont'd.

Bill of lading, cont'd.

Title, custody and control of goods
where bill of lading attached to
draft, p. "479.

DRAWBACKS, p. 1184.

DRAYAGE

Contracts, p. 475.

DRAYMEN

Coniirjon carriers, p. 8.
Control and regulation, p. ?.?..
Interstate and foreign commerce, p.

3616.
Taxation, p. 3589.

DROVER'S PASS

See "Passes."

DRUMMERS

See "Commercial Travelers and
Drummers."

DRUNKENNESS

Carriers of passengers:

Acceptance by carrier, p. 1507.

Intoxicated person boarding train
against conductor's order, p. 1507.

Refusal to carry, p. 1496.
Contributory negligence:

Admissibility of evidence, p. 2300.

Alighting from train, p. 2:^33.

Degree of care required of drunken
persons, p. 2120.

Questions of law and fact, p. 2321.

Riding in baggage car, p. 2212.

Riding on platform, p. 2191.
Duty to protect passengers:

See "Carriers of Passengers."
Ejection of passengers, p. 2419.
Licensees, trespassers, intruders, etc.,

pp. 2533, 2542.
Questions of law and fact, p. 28fi6.

DUE PROCESS OF LAW

Charges:

Regulation of charges, p. 5S.
Interstate and foreign commerce, p.

3f)04.
Regulation of charges, p. 58.

DUNNAGE, p. 3906.

DUPLICATE BILL OF LADING, pp.

319, 560.
Delivery by carrier, p. 560.

DURESS

Carriers of live stock, pp. 1297, 1371.

Limitation of amount of lialnlity
and agT-eed valuation, p. 1401.
Limitation of li;il)ili<-<'-

Amount of liability, p. 10()4.

DUTY TO RECEIVE AND CARRY, p.

206.
Absence of requisite conveniences or
capacity, p. 245.

4 Car— 69



DUTY TO RECEIVE AND CARRY,

cont'd.
Action for refusal, p. 257:
Answer, p. 261.
Damages, pp. 260, 262.
Declaration or complaint, p. 258.
Demurrer, p. 261
Evidence, p. 261.
Form of action, p. 258.
For whom right exists, p. 257.
Instructions, p. 262.
Measure of damages, p. 260.
Necessary allegations, p. 258.
Pleading, p. 258.
Procedure, p. 258.
Question of law and fact, p. 261.
Right of action, p. 257.
Act of God, p. 249.
Bailments:

Common carrier becoming special
bailee, p. 214.
Boycotts, p. 250.
Breakable goods, p. 239.
Carriers by water, p. 3862.
Carriers of live stock:

See "Carriers of Live Stock."
Carriers of passengers, p. 1491:
Carrying live animals, p. 1500.
Character or business, p. 1499.
Competitive soliciting, p. 1499.
Damages for refusal of transporta-
tion, p. 3042.
Designated stations — Proper point,

p. 1493.
Discrimination, p. 1492.
Disorderly conduct, p. 1498.
Drunkenness, p. 1496.
Duty arising by implication of law,

p. 1492.
Enforcement of duty, p. 1500.
Exemplary damages, p. 3055.
Freight and similar trains, p. 1494.
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.

149:',.
Special trains, p. 1494.
Social status, p. 1499.
Carriers public institutions, p. 209.
Cars:

See infra, "Duty to Furnish Ship-
ping Facilities and Means of
Transportation."
Character of goods tendered for ship-
ment, p. 236:
Breakable goods, p. 239.



4196



INDEX.



DUTY TO RECEIVE AND CARRY,

cont'd.
Character of goods tendered for ship-
ment, con'd.
Cars of other carriers, p. 240.
Cars shipped by builder, p. 240.
Coal, p. 241.

Dangerous substances, p. 238.
Dogs, p. 243.
Efifect of charter, p. 243.
Goods which carrier had not under-
taken to carry, p. 236.
Grain in bulk, p. 241.
Limitation by public notice, p. 237.
Live pigeons, p. 243.
Live stock, p. 242.
Money, bank bills, etc., p. 239.
Prohibited articles, p. 238.
Quality of goods, p. 239.
To what things applicable, p. 236.
Transfer companies, p. 237.
C. O. D.:

Duty as to C. O. D. shipment, p.

245.
Usages and customs, p. 245.
Common-law rule, p. 207.
Condition and preparation of goods

tendered, p. 243.
Connecting carriers, pp. 3247, 3249,

3270.
Customs and habits of dealing, p. 251.
Damages, pp. 260, 261:

Duty of owner to avert or mitigate

damages, p. 262.
Duty of owner to avert or mitigate

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.
Destination of goods as affecting duty,

p. 252.
Discrimination, pp. 220, 248, 251, 257:
Contracting to carry for one per-
son only, p. 223.
Damages, p. 228.

Discrimination in facilities and
cars, p. 224:
Discrimination in favor of one
of several connecting car-
riers, p. 224.
Discrimination in switch and

trackage charges, p. 225.
General rule, p. 224.
Preference in delivery and dis-
tribution of cars, p. 224.
Use by express companies, p.

225.
With respect to spur tracks,
switches and belt lines, p.
225.
With respect to spur tracks,
p. 225.
Equal terms for all shippers, p. 221.
Evidence, p. 227.
Injunction, p. 227.



DUTY TO RECEIVE AND CARRY,

cont'd.
Discrimination, cont'd.

Mandamus, p. 227.

Preference to shipper in order of
forwarding goods, p. 226.

Railroads, p. 220.

Remedies for discrimination, p.
227.

Right to discriminate generally, p.
220.

Special contractual obligations, p.
222.

Unjust or unreasonable discrimina-
tion, p. 220.

Duty not dependent upon contract, p.

209.
Duty to furnish shipping facilities and
means of transportation, p.
215:
See infra, "Discrimination."
Adequacy" of facilities, p. 219.
Definiteness of demand, p. 218.
Demand in writing, p. 217.
Duty to furnish shipping facilities,

p. 216.
Facilities for particular purposes,

p. 219.
General rules, p. 215.
Independent of statute, p. 215.
Notice to carrier, p. .217.
Notice to whom, p. 218.
Place of furnishing cars, p. 218.
Reasonable facilities, p. 216.
Requisites and sufficiency of de-
mand, p. 217.
Specifying condition and danger of

goods, p. 218.
Time of notice, p. 217.
Unusual press of business, p. 246.
Effort to stifle competition, p. 212.
Enforcement of duty, p. 254.
Exceptional causes justifying failure or
refusal, p. 245:
Absence of requisite conveniences

or capacity, p. 245.
Customs and habits of dealing, p.

251.
Failure of shipper to insure, p. 251.
General statement, p. 245.
Unusual press of business, p. 246:
Carriers "embargo," p. 249.
Causes beyond carrier's con-
trol, p. 249.
Discrimination or granting

privileges, p. 248.
Duty to advise shipper of de-
lay, p. 249.
Duty to provide facilities, p.

247.
Extent of duty to provide fa-
cilities, p. 247.
General rules, p. 246.
Interference by public works,

p. 249.
Interstate and intrastate, p.

247.
Military control, p. 249.
Exemplary damages, p. 265.



INDEX.



4107



DUTY TO RECEIVE AND CARRY,

cont'd.
Explosives, p. 238.
Express companies:

Duty as to express companies, p.
253.
Facilities:

See infra. "Duty to Furnish Ship-
ping Facilities and Means of
Transportation."
Failure of shipper to insure, p. 2.51.
Furnishing cars:

See infra, "Duty to Furnish Ship-
ping Facilities and Means of
Transportation."
General statement and explanation of

rule, p. 207.
Injunction, p. 254.
Interstate and foreign commerce:

Duty under interstate commerce

act, p. 3616.
State law providing for refusal, p.
3510.
Live stock not properly loaded, p. 244.
Mandamus, p. 255:

Right of shipper, p. 256.
Right of state, p. 255.
Money, bank bills, etc., p. 239.
Palace cars:

See "Palace Cars and Sleeping Car
Companies."
Payment of charges, p. 233.
Preference:

See infra, "Discrimination."
Private owned trains or cars, p. 244.
Prohibited articles, p. 238.
Quality of goods, p. 239.
Railroads, p. 210.

Reason for existence of rule, p. 212.
Receivers, p. 213.
Right to discontinue service to shipper,

p. 251.
Rules and regulations:

Limiting duty by unreasonable reg-
ulations, p. 213.
Rules and regulations of carriers, p.
211:
Time, place and manner of deliv-
ering freight, p. 188.
Sleeping cars:

See "Palace Cars and Sleeping Car
Companies."
Special contracts:

Obligation of carrier to receive,
transport and deliver, p. 433.
Strikes, pp. 250. 257.
Tender and refusal, p. 228:
Action for refusal:

See infra. "Action for Refusal."
Agents, p. 230.
Authority to receive freight and

make contracts, p. 230.
Authority to tender, p. 230.
Character of goods tendered for

shipment, p. 236.
Condition and preparation of goods

tendered, p. 243.
Discrimination, p. 234.
General rules, p. 228.
Necessity, p. 228.



DUTY TO RECEIVE AND CARRY,

cont'd.
Tender and refusal, cont'd.

Operation and construction of
statutes, p. 235.

Payment or tender of charges, p.
233.

Place and time of offer for trans-
portation, p. 231.

Private switches, p. 232.

Ready for shipment, p. 229.

Sunday, p. 233.

Tender of definite amount, p. 229.

To whom tender must be made, p.
230.

Usages and customs, p. 231.
Tender of charges, p. 233.
Time and order of shipment, p. 235.
Transfer companies:

Character of goods tendered for
shipment, p. 237.
Unusual press of business, p. 246:

Carriers "embargo," p. 249.

Causes beyond carrier's control, p.
249.

Discrimination or granting priv-
ileges, p. 248.

Duty to advise shipper of delay, p.
249.

Duty to provide facilities, p. 247.

Extent of duty to provide facilities,
p. 247.

General rules, p. 246.

Interference by public works, p.
249.

Interstate and intrastate, p. 247.

Military control, p. 249.
Usages and customs, p. 251.

EARTHQUAKES

Loss or injury to goods, pp. 736, 737.

EATING HOUSES, p. 1793.

EJECTION OF PASSENGERS, p. 2407.

Actions for ejection:

Declaration, petition or complaint:
See infra, "Declaration, Peti-
tion or Complaint."
Agent:

Authority of agent, p. 2438.
Assault and battery:

See "Assault and Battery."
Excessive or unnecessary force, p.

2053.
Forcible expulsion of passenger
by brakeman without authority
to expel, p. 2047.
Forcible expulsion of passengers,

p. 2053.
Justifiable assault, p. 2053.
Bad character, p. 2416.
Brakeman :

See infra, "Liability for .\cts of
Employees."
Carried past destination:

See infra, "Passenger on Wrong
Train, or Route, or Carried Fast
Destination."
Carri'crs by water, p. 4006.



4198



INDEX.



EJECTION OF PASSENGERS, confd.
Character in evidence:

General character and disposition
of employee, p. 2717.
Children, p. 2487.

Companies and persons liable, p. 2494:
Carrier's employees, p. 2497.
Connecting and co-operating car-
riers, p. 2495.
Consolidated company, p. 2494.
Ejection by officer of union sta-
tion, p. 2494.
Ejection from chartered train, p.

2494.
Ejection from pullman car, p. 2497.
In general, p. 2494.
Insane passenger in custody of

sheriff, p. 2495.
Leaving train by order of ciuaran-
tine officer, p. 2494.
Conditions of ticket, p. 2441:

Conditions against transfer, p.

2442.
Conditions as to detachment of

coupons, p. 2442.
Conditions as to identification,

signature and stamping, p. 2443.
Conditions as to use of mileage

book, p. 2445.
Entering car at wrong point, p.

2442.
Failure to comply with conditions,

p. 2441.
Requiring ticket as condition
precedent to right of carriage, p.
2435.
Signing ticket, p. 2441.
Conductor:

See infra, "Liability for Acts
of Employees;" "Mistake."
Conclusiveness of ticket or trans-
fer as between passenger and
conductor, p. 2462.
Connecting carriers:

Liability of connecting and co-op-
erating carriers, p. 249."):
Effect of traffic agreement, p.

2496.
Exemption from liability, p.

2495.
Generally, p. 2495.
Illustrations, pp. 2496, 2497.
Contagious disease, p. 2416.
Contributory negligence, pp. 2410,

2428, 2440, 2460, 2484, 2491.
Coupons:

Conditions as to detachment of
coupons, p. 2442.
Damages, p. 3077:

Additional fare passenger is re-
quired to pay to reach his desti-
nation, p. 3079.
Aggravation, p. 3096.
Elements, p. 3077.
Evidence, p. 2774.
Excessive damages, p. 3097.
Exemplary damages:

See infra, "Exemplary Dam-
ages."



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

Expenses, p. 3079.
Fare paid, p. 3079.
Inconvenience and discomfort, p.

3079.
Injuries caused by passenger's re-
sistance to ejection, p. 3080.
Injury to health, p. 3081.
Loss of time, p. 3079.
Measure of damages, p, 3077.
Mental suffering, pp. 3049, 3063.
3064, 3083:
Damages are recoverable for
mental suffering resulting
from wrongful ejection, p.
3083
Ejection from a railroad train

or street car, p. 3083.
Ejection from ferryboat, p.

3086.
Infants, p. 3085.
Insulting or abusive language,
p. 3085.
Mitigation, p. 3096.
Palace cars and sleeping car com-
panies, p. 3241.
Pecuniary loss, p. 3078.
Physical injuries and suffering, p.

3080.
Proximate cause, p. 3081.
Punitive damages:

See infra, "Exemplary Dam-
ages."
Sickness, p. 3081.
Declaration, petition or complaint, p
2620:
Allegations as to breach of duty.

p. "2620.
Allegations as to servant at fault.

p. ^2624.
Connection between ejection and

injury, p. 2624.
Description of ticket in petition, p.

2623.
Election at improper place, p. 2623.
General rules, p. 2620.
Invalid ticket or misdirection by

agent, p. 2622.
Necessary allegations, p. 2620.
Negativing contributor}' negligence,

p"^ 2625.
LTnauthorized and wrongful eject-
ment, p. 2620.
Use of unnecessarv force, p. 2623.
Waiver of invalidity of ticket, p.
2622.
Defective or invalid ticket, p. 2437:
Authority of agent, p. 2138.
Conclusiveness of ticket or trans-
fer as between passenger and
conductor, p. 2462.
Contributory negligence of passen-
ger, p. 2440.
Failure to comply with conditions
of ticket, p. 2441 :
See infra, "Conditions of
Ticket."
Illustrations, pp. 2440. 2441.
In general, p. 2437.



INDEX.



4199



EJECTION OF PASSENGERS, conrd.
Defective or invalid ticket, c nt'd.
Mistake:

See infra, "Mistake."
Mutilated ticket, p. 2439.
Passenger on wrong train, or route,
or carried past destination:
See infra, "Passenger on Wrong
Train, or Route, or Carried
Past Destination."
Right to ticket, p. 2437.
Stop over, p. 2439.
Ticket not paid for, p. 2438.
Time limit of ticket expired, p. 2446.
Where passenger stops over, p.
2439.
Degree of care required, pp. 2477, 2480:
Passenger under disability, p. 2487.
Disabilities:

See infra, "Ejection of Passenger
under Disability."
Dismissal, discontinuance and nonsuit,

p. 2850.
Disobedience of carrier's rules, p. 2420:
Attempting to ride on freight train,

p. 2423.
Effect of custom, p. 2421.
Entering ladies' car or wraiting

room, p. 2422.
Exhibition of ticket, p. 2424.
. Illustrations, p. 2423.

Manner of entering conveyance, p.

2422.
Must not be contrary to law, p.

195.
Particular rules, p. 2421.
Payment of fare, p. 2424.
Right to eject, p. 2420.
Rules as to transportation of em-
ployees, p. 2424.
Standing on platform, p. 2421.
Surrender of ticket or check, p.
2423.
Disorderly conduct, p. 2417.
Drunkenness, p. 2419:

Degree of care requireC, p. 3488:
Contributory negligence of pas-
senger, p. 2491.
Ejection at dangerous place, p.

2488.
General rules, p. 2488.
Illustrations, pp. 2488, 2489.
Manner of ejection, p. 2490.
Proximate cause of injury, p.

2490.
Reasonable prudence, p. 2489.
Duty of carrier, p. 2419.
Entering car at wrong point, p. 2442.
Evidence, p. 2708:

Conductor's act, p. 2718.

Damages, p. 2774.

Ejection for failure to produce

ticket, p. 2714.
Ejection for refusal to pay fare, p.

2715.
Evidence as to authority to eject,

p. 2717.
General character and disposition of

emi^loyce, p. 2 517.
Ratilic-ition, p. 2718.



EJECTION OF PASSENGERS, cont'd.
Evidence, cont'd.

Relation of carrier and passenger,

p. 2711.
Relevancy and materiality in gen-
eral, p. 2708.
Res gestae, p. 2710.
Time and place of ejection, p. 271/.
Violation of statutes, rules, and

regulations, p. 2716.
Weight and sufficiency, p. 2781 :
Illustrations, pp. 2781-2784.
Instances of sufficiency of evi-
dence, p. 2784.
Passenger riding on freiglit

train, p. 2783.
Proximate cause of injury, p.

2781.
Testimony of plaintifif, n. 2784.
Excessive damages, p. 3097.
Exemplary damages, p. 3086:

Ejection at a dangerous place, p.

3089.
Ejection for refusal to pay fare, p.

3090.
Ejection from a moving train or

street car, p. 3095.
Ejection of passenger in conse-
quence of repudiation of tickets
by general passenger agent, p.
3095.
Ejection of pas'^enger presenting an
improper ticket or one wrongly
made out, p. 3094.
Ejection of passenger presenting
ticket not good on the railroad or
on the particular train, p. 3092.
Ejection of passenger presenting
ticket the time limit of which has
expired, p. 3094.
Ejection of passenger who has a
ticket to a station at which the
train does not stop, p. 3093.
Ejection through mistake of con-
ductor without malice or unnec-
essary force, p. 3089.
Ejection under mistaken IxMief that
oassenger's ticket is not good, p.
3093.
General rule, p. 3086.
Illustrations, p. 3088.
In an action against the conductor

of a railroad train, p. 3090.
Malicious acts of servant, pp. 3087,

3088.
Passenger entering train or violat-
ing rule of carrier for purpose of
being ejected and suing therefor,
p. :i096.
Extra fares or charges, p. 2466:

Entering another car of same train,

p. 2466.
Failure to procure ticket, p. 2466:
Aljsence of agent, p. 2469.
Amount in excess of legal

charge, p. 2470.
Extra fare for failure to procure

ticket, p. 2KK')
Illustrations, p 2467.



^200



INDEX.



EJECTION OF PASSENGERS, cont'd.
Extra fares or charges, cont'd.

Failure to procure ticket, cont'd.
Opportunity to procure ticket,

p. 2 468.
Waiver of right to demand ex-
tra fare, p. 2470.
Special train, p. 2466.
Violation of regulation as to enter-
ing car, p. 2466.
Failure to procure ticket or pay fare, p.
2425:
Allowing time to procure fare oi
produce ticket, pp. 2458, 243.5,
2468.
Amount of tender, p. 2428.
Children, p. 2434.

Conclusiveness of ticket or transfer
as between passenger and con-
ductor, p. 2462.
Conditions of ticket-
See infra, "Conditions of
Ticket."
Contributory negligence, p. 2428.
Defective or invalid ticket:

See infra. "Defective or In-
valid Ticket."
Duty to ascertain as to purchase of

ticket, p. 2429.
Duty to search passenger's pockets

for ticket, p. 2430.
Ejection through mistake of holder

of valid ticke^t, p. 2464.
Excessive fare, p. 2432.
Extra fares or charges, p. 2466:

See infra, "Extra Fares or
Charges."
Absence of agent, p. 2469.
Amount in excess of legal

charge, p. 2470.
Extra fare for failure to pro-
cure ticket, p. 2466.
Illustrations, p. 2467.
Opportunity to procure ticket,

p. 2468.
Waiver of right to demand ex-
tra fare, p. 2470.
Failure of carrier to furnish evi-
dence of right to continue jour-
ney, p. 2431.
Failure to comply with conditions
of ticket:
See infra, "Conditions of
Ticket."
Failure to give transfer, p. 2-131.
Illustrations, pp. 2426. 2428.
Medium of payment, p, 2428.
Mistake:

See infra, "Mistake."
Nonpayment of fare of child, p.

243 L
Nonpayment of past fare, p. 2434.
Passenger on wrong train, or route,
or carried past destination:
See infra. "Passenger on
Wrong Train, or Route, or
Carried Past Destination."
Past fare. p. 2434.
Reasonable opportunity to procure

ticket, pp. 2428, 243.5, 2468.
Reasonable time, pp. 2428, 2429.



EJECTION OF PASSENGERS, cont'd.
Failure to procure ticket or pay fare,
cont'd.
Refusal to pay excessive fare, p.

2432:
Refusal to pay second fare, p. 2433.
Refusal to pay unless given bag-
gage check, p. 2427.
Refusal to pay unless given trans-
fer, p. 2427.
Refusal to pay unless provided with

seat, p. 2427.
Requiring ticket as condition prec-
edent to right of carriage, p. 243.5.
Rights and liabilities of carrier in

general, p. 2425.
Right to eject, p. 2425.
Second fare, p. 2433.
Tender or payment of fare to avoid
ejection:
See infra, "Tender or Payment
of Fare to Avoid Ejection."
Ticket wrongfully taken up. p. 2431.
Where ticket lost. p. 2430.
Force, p. 2482:

Contributory negligence of passen-
ger, p. 2484.
Determining degree of force, p.

2484.
Ejection from ladies' car, p. 2485.
Necessary force, p. 2482.
Resistance by passenger, p. 2484.
Unnecessary force, p. 2483.
Use of force, p. 2482.
Freight or mixed trains:

Attempting to ride on freight train,

p. 2423. "
Ejection of passenger attempting

to ride on freight train, p. 2423.
Failure of agent to give ticket in

addition to permit, p 2437.
Reasonable opportunity to obtain

ticket, p. 2435.
Requiring certain kind of ticket, p.

2436.
Requiring permit, p. 2436.
Requiring ticket as condition prec-
edent to right of carriage, p. 2435.
Rules and regulations of carrier, p.
2423.
Gambling, p. 2417.
Good faith of employees no defense, p.

2409.
Grounds for ejection, p. 2416:

Disobedience of carrier's rules, p.

2420.
Failure to procure ticket or pay fare:
See infra, "Failure to Procure
Ticket or Pay Fare."
In general, p. 2416.
Persons objectionable a? passengers
and disorderly conduct, p. 2416.
Identification, p. 2443.
Identification to conductor, p. 2445.
Improper language, pp. 2418. 2481.
Insanity, pp. 2416, 2488.
Instructions, p. 3017:

.Applicability to evidence and facts

of case. p. 3021.
Applicability to pleadings and is-
sues, p. 3020.



INDEX.



4201



EJECTION OF PASSENGERS, cont'd.
Instructions, cont'd.
Damages, p. 3030.
Exemplary damages, p. 3030.
Form and requisites, p. 3017.
Misleading instructions, p. 3018.
Physical and mental suffering, p.

S'OBI.
Requests, p. 3023.
Right to eject, p. 3036.
Use of force by carrier's servants.

p. 3022.
Variance as to place where plain-
tiff "claims" accident occurred, p.
3022.
Insult, p. 2481.
Intruders:

See "Licensees. 1 respassers, In-
truders, etc."
Invalid ticket.

See infra, "Defective or Invalid
Ticket."
Liability for acts of employees, p. 2411:
Arrest of passengers subsequent to

ejection, p. 2411.
Ejection by brakeman, p. 2412.
Ejection by conductor, p. 2411.
Good faith of employees, p. 2409.
In general, p. 2411.
Knowledge of station agent, p. 2411.
Moving conveyance, p. 2414.
Negligent acts during ejection, p.

2412.
Persons assisting carrier's em-
ployees, p. 2414.
Proximate cause, p. 2415.
Ratification of wrongful acts, p.

2415.
Scope of authority, p. 2414.
Unauthorized ejection, p. 2411.
Wanton or willful acts, p. 241:!.
Wrongful acts during ejection, p.



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