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

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2412.
Liability for unauthorized ejection, p.

2408. '
Licensees:

See "Licensees, Trespassers, In-
truders, etc."
Lost ticket, p. 2430.
Manner of ejection, p. 24^.0:

Ejection from moving train or car:
See infra, "Moving Train or
Car."
Great regard for safety of passen-
ger, p. 2480.
Improper language, p. 2481.
In general, p. 2480.
Insult or indignity to passenger,

p. 2481.
Ordinary care reciuired, p. 2480.
Provocation by passenger, p. 2481.
Respectful treatment, p. 24S().
Use of force:

See infra, "Force."
Master and servant:

Sec infra, "Liabilitj' for .\cts of
Employees."
Liability of cm])lf)yees, p. 2407.
Mistake:

See infra, ".Mistake."



EJECTION OF PASSENGERS, cont'd.
Mental suffering, pp. 3049, 3063, 3064,

3083.
Mileage book, p. 2445:

Conditions as to use of mileage

book, p. 2445.
Exchange ticket, p. 2445.
Fault of carrier, p 2445,
Illustrations, p. 2446.
Mistake:

Effect of mistake of first conductor,
p. 2461:
Conclusiveness of ticket as be-
tween passenger and con-
ductor, p. 2462.
Conductor's check given in ex-
change for ticket, p. 2461.
In general, p. 2461.
Punching wrong part of ticket,

p. 2461.
Taking up wrong part of ticket,
p. 2461.
Effect of mistake of employee issu-
ing ticket, p. 2457:
Contributorv negligence, p.

2460.
Duty of passenger to examine

ticket, p. 2459.
Illustrations, p. 2458.
Mistake of conductor issuing

stop-over ticket, p. 2460.
Retaining ticket with knowl-
edge of mistake, p. 2460.
Right to eject, p. 2457.
Ticket over connecting lines, p.

2460.
Time limit of ticket expired, p.

2449.
Transfer insufficient upon its
face, p. 2459.
Ejection through mistake of holder
of valid ticket, p. 2464:
Intent of holder of ticket, p.

2465.
^Mistake of conductor as to
right to transportation, p.
2464.
Moving train or car, p. 2485:

Leaving car in obedience to com-
mand, p. 2485.
Liability of company, p. 2485.
Passenger not guilty of contribu-
tory negligence, p. 2485.
Mutilated ticket, p. 2439.
New trial:

Excessive damages, p. 3097.
Palace cars and sleeping car companies,
p. 3211:
Bringing improper articles into car.

p. 3213.
Damages, p. 3241.
Ejection by railway company, p.

3212.
Evidence in actions for wrongful

ejection, p. 3231.
Failure to pay fare, p. 3212.
Failure to procure proper railroad

ticket, p. 3213.
Grounds for ejection, p. 3212.



4202



INDEX.



EJECTION OF PASSENGERS, cont'd.
Palace cars and sleeping car companies,

cont'd.
Liability for wrongful ejection, p.

3212.
Liability of railroad, p. 2497.
Loss of ticket, p. 3213.
Manner of ejection, p. 3214.
Right to eject, p. 3211.
Voluntary abandonment, p. 3214.
What constitutes ejection, p. 3214.
Passenger on wrong train, or route, or

carried past destination, p. 2451:
Entering train with knowledge that

ticket is for opposite direction, p.

2453.
Fault of carrier, pp. 2451, 2454.
Fault of passenger, p. 2451.
Limitations as to trains, p. 2452.
Passenger carried past destination,

p. 2457.
Passenger on wrong part of road,

p. 2457.
Passenger on wrong road, p. 2456.
Passenger on wrong rou.te, p. 2455.
Passenger on wrong train, p. 2451.
Reverse direction, p. 2453.
Statutory requirement to stop, p.

2455.
Train not stopping at passenger's

destination, p. 2453.
Where a passenger agrees to get

ofif at an intermediate point, p.

2455.
Physical injury, necessity for, p. 2409.
Place of ejection, p. 2470;

Between stations, pp. 247fi, 247S.
Carrier must exercise crdina'-y care,

p. 2477.
Contributory negligence, p. 2478.
General rule, p. 2476.
Illustrations, pp. 2476-2477.
Inconvenient place, p. 2476.
Near dwelling house, p. 2478.
Pleading and proof of statute, p.

2480.
Reasonable place, p. 2476.
Remote place, p. 2476.
Station or stopping place, pp. 2476,

2478.
Statutory regulation, p. 2478.
Principal and agent:

See infra, "Liability for Acts of
Employees.'
Mistake:

See infra, "Mistake."
Profanity and obscenity, pp. 2417, 2481.
Proximate and remote cause, p. 2415.
Punitive damages:

See infra, "Exemplary Damages."
Questions of law and fact, p. 2'^49:

As to care exercised by pla'ntiff, p.

2852.
Authority of carrier's emplovec, p.

2851.
Directing verdict, p. 2850.
Ejection from moving train or car,

p. 2856.
General rule, p. 2849.
Illustrations, p. 2852.



EJECTION OF PASSENGERS, cont'd.
Questions of law and fact, cont'd.

Kind of ticket purchased, p. 2851.
Manner of ejection, p. 2855.
Nonsuit, p. 2850.
Place of ejection, p. 2854.
Proximate cause of injury, p. 2852.
Question for jury, p. 2849.
Questions as to carrier's regula-
tions, p. 2854.
Whether plaintiff was passenger, p.

2853.
Whether reasonable time given to
produce ticket or pay fare, p.
2851.
Whether ticket gave right to trans-
portation on certain train, p. 2S51.
Readmission after ejection, p. 2492:
Effect of readmission, p. 2494.
Right to readmission, p. 2492:

Where passenger rightfully

ejected, p. 2492.
Where passenger is wrongfully
ejected, p. 2493.
Reasonable opportunity to procure
ticket, pp. 2428, 2435, 2468.
To produce ticket or procure fare,
pp. 2429, 2435.
Relation of carrier and passenger:

Ejection for refusal to pay fare, p.

1571.
Regaining status on train or car
after ejection, p. 1542.
Repayment of fare or return of ticket,
p. 2491:
General rules, p. 2491.
Illustrations, pp. 2491, 2492.
Requiring ticket as condition precedent
to right of carriage, p. 2435:
Carriage on freight trains, p. 2435.
General rules, p. 2435.
Rights and lialiilities of carrier in gen-
eral, p. 2408:
Failure to procure ticl:et or pay
fare, p. 2425.
Right to resist ejection, p. 2486:
Authorized ejection, p. 2486.
Ejection in improper manner or at

improper place, p. 2487.
General rule, p. 2486.
Illustrations, pp. 2486, 2487.
Unauthorized ejection, p, 2487.
Rules and regulations:

See infra. "Disobedience of Carrier's
Rules."
Separation of races, p. 2409.
Sick passenger, p. 2487.
Signature, p. 2443.
Signing ticket, p. 2441.
Sleeping cars:

See infra, "Palace Cars and Sleep-
ing Car Companies."
Smallpox, p. 2416.
Stamping, p. 2443.
Stations and stopping places:

See infra, "Place of Ejection."
Stop over:

Where passenger stops over, p.
2439.



INDEX.



4203



EJECTION OF PASSENGERS, confd.
Tender or payment of fare to avoid
ejection, p. 2470:

After ejection commenced, p. 247:].

Duty to pay fare to avoid ejection.
24"7().

Effect as waiver of rights under
ticket, p. 2475.

Effect of tender of fare before
ejection, p. 2471.

Extra fare, p. 2471.

Failure to have ticket, p. 2471.

Failure to pav fare on demand, p.
2472.

Necessity of acquiescence by pas-
senger, p. 2473.

Tender by third person, pp. 2472,
2474.

When tender unnecessary, p. 2472.
Tickets and fares:

See infra, "Failure to Proc-.ire
Ticket or Pay Fare."'

Exhibition of ticket, p. 2424.

Payment of fare on entering street
car, p. 2424.

Repayment of fare or rcti:rn of
ticket:
See infra, "Repayment of Fare
or Return of Ticket."

Surrender of ticket, p. 2423.
Time h'mit of ticket expired, p. 244fi:

Effect of collateral agreement with
ticket agent, p. 2448.

Effect of mistake of employee issu-
ing ticket, p. 2441).

Extension of time, p. 24.")!.

Failure to run train on time, p. 244S.

General rule, p. 2446.

Good faith of passenger, p. 2450.

Illustrations, pp. 2446-2448.

Notice of limitation, p. 2450.

Time limit must be reasonable, p.
2450
Transfer:

Conclusiveness of ticket or transfer
as between passenger and con-
ductor, p. 2462.

Conditions against transfer, p. 2442.

Duty to examine, p. 2460.

Failure of carrier to furnish evi-
dence of right to continue jour-
ney, p. 2431.

Failure to give transfer, p. 2431.

Invalid transfer, p. 2437.

Mistake, p. 2459.

Refusal to pay unless given trans-
fer, p. 2427.

Transfer insufficient upon its face,
p. 24 50.
Trespassers:

See "Licensees, Trespassers, In-
truders, etc."
Under disability, p. 2487:

Drunken passenger, p. 2488.

General rules, p. 2487.

Insane passenger, p. 2488.

Sick passenger, p. 2488.
What constitutes ejection, p. 2475:

Acts not constitutmg ejection, p.
2476.



EJECTION OF PASSENGERS, cont'd.
What constitutes ejection, cont'd.

Leaving car in obedience to com-
mand, p. 2475.
Physical ejection not essential, p.
2475.
Wrong train:

See infra, "Passenger on Wrong
Train, or Route, or Carried Past
Destination."

ELECTION OF REMEDIES

Interstate and foreign commerce, p.
3840.

ELEVATORS

Carriers of passengers, pp. 1488, 1502.
Contributory negligence, p. 2165:
Entering elevator, p. 2149.
Entering moving elevator, pp.2160,

2307.
Questions of law and fact, pp. 2330,
2333, 2352.
Degree of care required, pp. 1750, 1759,

1839.
Evidence:

Weight and sufficiency of evidence,
p. 2837.
Freight elevators, p. 1759.
Instructions, p. 2982:

Failure to exercise required degree

of care, p. 2983.
Illustrations, pp. 2982-2984.
Management, p. 2982.
Safety and sufficiency, p. 2982.
Interstate and foreign commerce, pp.

3432, 3527.
Negligence, p. 1839.
Opening and closing doors, p. 1971.
Questions of law and fact, p. 2883:

Management of elevators, p. 2901.
Relation of carrier and passenger:

Employees using elevator, p. 1583.
Safety, p. 1839.
Sudden starting, p. 283 7.

"EMBARGO," p. 249.

Carrier's "embargo," p. 249.

EMBEZZLEMENT

Limitation of lial)ility, p. lOso.

EMPLOYEES

See "Master and Servant."

EMPLOYERS' LIABILITY ACT

Interstate and foreign coninu'-ce, pp.
34(;2, 3509:

Classification of carriers and em-
ployees, p. 3463.

Distril)ution of damage-, ]\ :! 1()6.

Enforcement act — Jurisdiction of
state courts, p. 3466.

Exclusive operatuTi nf Inbial act,
p. 3465.

Existing contracts, j). 346 1.

I'"orl)i(lding or invalidating contract
or device waiving, modifying or
evading provisions of act, p. 3463.

Intrastate employees, p. :i4()2.



4204



INDEX.



EMPLOYERS' LIABILITY ACT, cont'd.

Interstate and foreign commerce, cont'd.

Particular provisions considered, p.

3465.
Power of congress, p. 3462.
Power of state, p. 3509.
Territories and places under exclu-
sive federal control, p. 3463.

EIGHT HOUR LAW

See "Hours of Labor."

ENEMY

See "Public Enemy."

ENGINES

Carriers of passengers, p. 1824.

EQUAL PROTECTION OF LAWS

Regulation of charges, p. GO.

ESTOPPEL

Bills of lading:

Authority of agent, pp. 304-307.
Estoppel of carrier to deny condi-
tions and representations in bill,
p. 374.
Estoppel of carrier to set up title in an-
other, p. 517.
Limitation of liability:

Agreed valuation, p. 1071.
Estoppel of shipper, p. 1025.
Stipulations limiting time within
which suit must he brought, p.
112G.
Penalties for overcharge, p. 145.
Penalty for delay, p. 155.

EVIDENCE

Actions against carrier for breach of
contract, p. 462:
Admissibility, p. 463.
Best and secondary evidence, p. 464.
Evidence as to net prolits, p. 464.
Necessity for production of bill of

lading, p. 464.
Parol evidence, p. 464.
Reception of evidence, p. 464.
Relevancy and competency, p. 463.
Sufficiency of evidence, p. 465.
Usages and customs, p. 464.
Action for refusal to carry, p. 261.
Arrest, p. 2786.

Assault and battery, pp. 2767, 2768:
Weight and sufficiency of evidence,
p. 2785.
Baggage:

See "Baggage."
Bills of lading:

As evidence of quantity, quality or

condition of goods, p. 345.
As evidence of quantity, quality or
conditions of goods:
As evidence of quality or con-
dition of goods, p. 345.
As evidence of quantity or

weight of goods, p. 346.
Bill made exclusive evidence of
quantity by agreement, p. 347.



EVIDENCE, cont'd.
Bills of lading, cont'd.

As evidence of receipt and accept-
ance of shipments, p. 341.

As evidence or warranty of title or
ownership, p. 348.

As warranty or evidence of quan-
tity, quality or condition of goods,
p. 343.

Bill of lading as evidence of con-
tract, p. 428.

Bill of lading or receipt as evidence,
p. 295.

Destination or place of delivery, p.
341.

Evidence of title of receipt of ship-
ment, p. 341.

Necessity of producing bill of lad-
ing, p. 829.

Production of bill of lading or
proof of contents, p. 405.

Proof of execution of bill, p. 406.
Burden of proof:

See "Presumptions and Burden of
Proof."
Carrier as warehouseman, p. 916.

Carriers by water:

See "Carriers by Water."

Carriers of goods:

Carrier as warehouseman, p. 917.
Contracts:

See "Contracts."
Delay in transportation or delivery:
See infra. "Delay in Transpor-
tation or Delivery."
Delivery by carrier:

See "Delivery by Carrier."
Evidence of delivery:

See "Delivery to Carrier."
Loss or injury to goods:

See infra, "Loss or Injury to
Goods."
Carriers of live stock, pp. 1450, 1459:
Admissibility of evidence in gen-
eral, p. 1459.
Admissibility of evidence under

pleadings, p. 1460.
Car infected with disease, p. 1472.
Contracts, p. 1467.
Damages, pp. 1462, 1468.
Degree of proof required, p. 1467.
Delay in transportation, pp. 1461,

1468.
Evidence admissible to show dam-
ages sustained, p. 1462.
Evidence as to negligence, p. 1465.
Failure to unload, feed, and water

live stock, p. 1473.
Market value, p. 1464.
Nature, condition and character of

animal injured, p. 1465.
Negligence, p. 1470:

Gross, willful or wanton negli-
gence, p. 1471.
Making prima facie case against

carrier, p. 1470.
Sufficiency of proof of negli-
gence, p. 1470.
Opinion evidence, p. 1461.



INDEX.



420:



EVIDENCE, cont'd.

Carriers of live stock, cont'd.

Secondary evidence, p. lltjl.
vShowing proximate cause of injury,

p. 1472.
Weight and sutflciency, p. 1467.
Carriers of passengers, p. 2704:

Assaults, insults, etc., by servants,

pp. 27r)8, 27»5:
As to injury, p. 2771:

Connecting injuries and negli-
gence or breach of duty, p.
2771.
Evidence as to existence of in-
jury, p. 2771.
Nature and extent of injurv. p.

2772.
Statement prepared Ijy physi-
cian, p. 2773.
Burden of proof:

See "Carriers of Passengers."'
Competency of emploj'ees or care

in selecting them, p. 2766.
Condition of vehicle and appliances,

p. 2739.
Damages, p. 2773.
Delay, failure to make schedule,

connections, etc., p. 2707.
Effort to escape danger, p. 2766.
Ejection of passengers:

See "Ejection of Passengers."
Evidence to establish contract, p.
^ 2704.

Evidence to rebut presumption of
negligence arising from in-
jury:
See "Presumptions and Burden
of Proof."
Failure or refusal to honor ticket,

mileage, etc., p. 2705.
Failure or refusal to put off at des-
tination, p. 2706.
Failure or refusal to receive and

carry, p. 2704.
Instructions must be applicable to

evidence, p. 2931.
Management of conveyance, p. 2756.
Negligence or cause of injurv. p.
2720:
Accommodation and duties in

transit, p. 2754.
Assaults, insults, etc., by serv-
ants, p. 2768.
Carriage beyond destination, p.

2753.
Character of parties, p. 2726.
Competency of employees or
care in selecting them, p.
2766.
Condition of track or roadbed,

p. 2734.
Condition of vehicles and appli-
ances, p. 2739.
Degree of care, p. 2722.
Evidence of other accidents,

transactions, etc., p. 2725.
Facts constituting transaction,

p. 2723.
Failure to protect from third
persons, p. 2767.



EVIDENCE, cont'd.

Carriers of passengers, cont'd.

Negligence or cause of injury, cont'd.
Habit or custom, p. 2725.
Management of conveyance, p.

2756.
Materiality, p. 2720.
Matter to shov^^ notice to car-
rier, p. 2723.
Parts of transaction, p. 2723.
Receiving and discharging pas-
sengers, p. 2743.
Relevancy, p. 2720.
Rule regulating conduct of pas-
sengers, p. 2724.
Rule requiring notice of acci-
dent — Evidence show no re-
port, p. 2724.
Rules of carrier, p. 2723.
Statement and declarations, p.

2723.
Stations and stopping places, p.

2726.
Subsequent repairs, p. 2721.
Time to board or alight — Sud-
den starting, p. 2749.
Other accidents and transactions,

pp. 2725. 2730, 2737.
Preponderance of evidence, p. 2778.
Presumptions and burden of proof:

See "Carriers of Passengers."
Protection and accommodations, p.

2707.
Receiving and discharging passen-
gers, p. 2743.
Relation of carrier and passenger,

p. 2718.
Roadbed and track, p. 2734.
Variance:

See "Variance."
Weight and sufficiency, p. 2777:
Aiding in making arrests, p.

2786.
Assaulting passenger, p. 2785.
BoarHing moving car, p. 2814.
Carrying passenger past station,

p. 2831.
Collision, p. 2809.
Companies or persons liable for

injuries, p. 2834.
Controlling conduct of other

passengers, p. 2786.
Defective instrumentalities or

premises, p. 2821.
Defective means and instru-
mentalities, p. 2801.
Derailment, p. 2806.
Ejection of passenger, p. 2781.
Elevators, p. 2837.
Escorting passenger across

track, p. 2786.
Evidence to rebut presumption
of negligence arising from in-
jury, p. 2838.
Freight train, p. 2780.
Illustrations, pp. 2777-2781.
In general, p. 2777.
Inviting passenger on engine,
p. 2787.



4206



INDEX.



EVIDENCE, cont'd.

Carriers of passengers, cont'd.

Weight and sufficiency, cont'd.

Limitation of liability, p. 2836.
Negligence after passenger has

fallen, p. 2806.
Negligence as to management
of conveyances in general, p.
2796.
Negligence causing passenger

to fall from vehicle, p. 2801.
Negligence in respect to condi-
tion of carrier's premises, p.
2788.
Negligence in respect to condi-
tion of transportation, p. 2790.
Negligence in taking up passen-
gers, p. 2814.
Negligent acts of employees, p.

2781.
Negligent backing of car, pp.

2818, 2831.
Negligent coupling cars, p. 2819.
Negligent management of con-
veyance, p. 2802.
Negligent pushing of passenger

from train, p. 2819.
Negligent pushing passenger

from car, p. 2805.
Negligent setting down passen-
gers, p. 2820.
Negligent shutting of gate on

passenger, p. 2819.
Negligent starting of car, pp.

2816, 2824.
Negligent stopping of car, p.

2824.
Negligently closing door. p.

2787.
Passenger alighting from mov-
ing train, p. 2822.
Passenger boarding car on

wrong side, p. 2816.
Passenger injured after alight-
ing, p. 2832.
Passenger injured l)y brake

handle, p. 2819.
Passenger injured l)y missile
from outside of car, p. 2781.
Place of taking up passengers,

p. 2814.
Preponderance of evidence, pp.

2777, 2778. ■
Proximate cause, p. 2779.
Putting up berth, p. 2787.
Character:

See "Character in Evidence."
Commissions:

Admissibility, p. 127.
Connecting carriers:

See "Connecting Carriers."
Contributory negligence:

See "Contributory Negligence."
Criminal law, p. 182:

Admissibility, p. 182.
Weight and sufficiency, p. 182.
Damages:

Carriers of live stock, p. 13.58.
Carriers of passengers, p. 2773:
Damages for breach of contract,
p. 2773.



EVIDENCE, cont'd.
Damages, cont'd.

Carriers of passengers, cont'd.

In actions for ejectment, p.

2774.
In actions for personal injury,

p. 2775.
Mitigation or aggravation, p.

2774.
Punitive damages, p. 2776.
Dead bodies, p. 1255.
Degree of care required:

Carriers of passengers, p. 2722.
Delay in transportation or delivery, p.
691:
Admissibility of evidence, p. 691.
Weight and sufficiency of evidence,
p. 694.
Delivery by carrier:

Action for failure t« deliver, pp.
585, 586, 589.
Delivery to carrier:

See "Delivery to Carrier."
Demurrage, p. 717.
Ejection of passengers, 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

employee, p. 2717.
Ratification, p. 2718.
Relation of carrier and passenger,

p. 2711.
Relevancy and materiality in gen-
eral, p. 2708.
Res gestje, p. 2710.
Time and place of ejection, p. 2717.
\'iolation 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 freight

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

2781.
Testimony of plaintiff, p. 2784.
Elevators:

Weight and sufficiency of evidence,
p/2S3:.
Injunction, p. 134.
Instructions:

Weight and sufficiency of evidence,
p. 3008.
Interstate and foreign commerce:

See "Interstate and Foreign Com-
merce."
Licensees, trespassers, intruders, etc., p.
2544:
Admissibility, p. 2544.
Weight and sufficiency, p. 2545.

Limitation of liability:

See "Limitation of Liability."'
Carriers of live stock:

See "Carriers of Live Stock."



INDEX.



4207



EVIDENCE, coiifd.

Limitation of liability, cont'd.

Stipulations abrogating rules of evi-
dence, p. 1130.
Loss or injury to goods:

Admissibility of evidence, p. ?30:
" As to care exercised, p. 833.
Character of goods, p. 832.
Competency of servant, p. 834.
Condition of car, p. 834.
Condition of goods, p. 832.
Evidence of custom, p. 833.
Evidence of other losses, p. 832.
Evidence of subsequent precau-
tions, p. 834.
Nature of liability, p. 831.
Proof of loss, p. 831.
Relevancy and materiality of

evidence, p. 830.
Title to property shipped, p.

831.
Value of goods and amount of

damage, p. 832.
Weight of goods, p. 832.
Evidence admissible under plead-
ings, p. 810:
In general, p. 810.
Particular instances, p. 811.
Under general issue or general
denial, p. 811.
Matters to be proved, p. 812.
Necessity of producing bill of lad-
ing, p. 829.
Weight and sufficiency of evidence,
p. 839:
Delivery to carrier in sound
condition and delivery to con-
signee in damaged condition,
p. 842.
Evidence insufficient to sustait>

verdict for plaintiff, p. 839.
Evidence sufficient to sustain
verdict or judgment for plain-
tiff, p. 839.
Execution of bill of lading, p.

840.
General rule, p. 839.
Identification of goods lost, p.

845.
Illustrations, pp. 840, 841, 845.
Negligence, p. 843.
Ownership, 'p. 840.
That carrier received goods, p.

841.
That goods lost while in cus-
tody of carrier, p. 841.
Market reports, p. 863.
Market value, p. 092:

Carriers of live stock, p. 1358.
Negligence:

Carriers of passengers, p. 2720:

Accommodation and duties in

transit, p. 2754.
Aiding in making arrests, p.

2780.
Assaulting passenger, p. 2785.
Assaults, insults, etc., by serv-
ants, p. 2768.
Boarding moving car, p. 2814.
Carriage beyond destination,
pp. 2753, 2831.



EVIDENCE, conl-d.
Negligence, cont'd.

Carriers of passengers, cont'd.
Character of parties, p. 2720.
Collision, p. 2809.
Companies or persons liable for

injuries, p. 2834.
Competency of employees or
care in selecting them, p.
2706.
Condition of track or roadbed,

p. 2734.
Condition of vehicle and appli-
ances, p. 2739.
Controlling conduct of other

passengers, p. 2780.
Defective instrumentalities or

premises, p. 2821.
Defective means and instrumen-
talities, p. 2801.
Degree of care, p. 2722.
Derailment, p. 2SOO.
Elevat-ors, p. 2837.
Ejection of passenger, p. 2781.
Escorting passenger across

track, p. 2780.
Evidence of other accidents,

transactions, etc., p. 2725.
Evidence to rebut presumption
of negligence arising from in-
jury, p. 2838.
Facts constituting transaction,

p. 2723.
Failure to protect from third

persons, p. 2707.
Habit or custom, p. 2725.
Inviting passenger on engine, p.

2787.
Limitation of liability, p. 2836.
Materiality, p. 2720.
Matter to show notice to car-
rier, p. 2723.
Management of conveyance, p.

2756.
Negligence after passenger has

fallen, p. 2800.
Negligence as to management
of conveyances in general, p.
2796.
Negligence causing passenger
to fall from vehicle, p. 2801.
Negligence in respect to condi-
tion of carrier's premises, p.
2788.
Negligence in respect to condi-
tion of means of transporta-
tion, p. 2790.
Negligence in taking up pas-
sengers, p. 2S14.
Negligent acts of employees, p.

278 i.
Negligent backing of car, pp.

2818, 2831.
Negligent coupling cars, p. 2819.
Negligent management of con-
veyance, p. 2802.
Negligent pushing passenger

from car, p. 2805.
Negligent pushing of passenger
from train, p. 2819.



4208



INDEX.



EVIDENCE, cont'd.
Negligence, cont'd.

Carriers of passengers, cont'd.

Negligent setting down passen-
gers, p. 2820.
Negligent shutting of gate on

passenger, p. 2819.
Negligent starting of car, pp.

2816, 2824.
Negligent stopping of car, p.

2824.
Negligently closing door, p.

2787.
Parts of transaction, p. 2723.
Passenger alighting irom mov-
ing train, p. 2822.
Passenger boarding car on

wrong side, p. 2S16.
Passenger injured after alight-
ing, 2832.
Passenger injured by l:)rake



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