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Thomas Johnson Michie.

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

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handle, p. 2819.
Place of taking up passengers,

p. 2814.
Putting up berth, p. 2787.
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.
Statements and declarations, p.

2723.
Stations and stopping places, p.

2726.
Subsequent repairs, p. 2721.
Time to board or alight — Sud-
den starting, p. 2749.
Notice:

Evidence to prove notice of special
circumstances, p. 651.
Notice of loss and presentation of claim,
p. 1117:
Admissibility of evidence as to rea-
sonableness, p. 1096.
Carriers of live stock, pp. 1415, 1416,

1432, 1433.
Proof of waiver, p. 1115.
Proof that notice not given local

agent, p. 1117.
Sufficiency of evidence, p. 1117.
Weight and sufficiency of evidence
as to reasonableness, p. 1096.
Overcharge, p. 1201:

Admissibility of evidence, p. 1201.
Examination of witnesses, p. 1201.
Judicial notice, p. 1201.
Presumptions and burden of proof,

p. 1201.
Weight and sufficiency of evidence,
p. 1203.
Palace cars and sleeping car companies:
See "Palace Cars and Sleeping Car
Companies "
Penalties for violations of regulations:
See "Penalties for Violations of Reg-
ulations."



EVIDENCE, cont'd.

Physical examination, p. 2773.
Preferences and discriminations, pp. 227,

1191.
Presumptions and burden of pi oof:

See "Presumptions and Burden of
Proof."
Proximate cause:

See "Proximate Cause."

Receipt:

Bill of lading or receipt as evidence,

p. 295.
Receipt as evidence of contract, p.

428.
Relation of carrier and passenger, pp.

2711, 2718:
Admissibility, p. 2718.
Evidence as to conditions in ticket,

p. 2712.
Identity of plaintiff, p. 2714.
Identity of ticket, p. 2713.
Illustrations, pp. 2710-2714, 2718-

2720.
Immaterial evidence, p. 2711.
Representations by employee, p.

2713.
Weight and sufficiency, p. 2834.

Res gestae:

See "Res Gestae."

Route, p. 502.

Rules and regulations of carrier, p. 2298:
Carriers of passengers, p. 2723:
Competency as evidence, p.

2723.
Dependent on degree of care re-
quired, p. ' 2724.
Passenger not relying on rule,

p. 2723.
Passenger without knowledge of

rules, p. 2724.
Rule requiring notice of acci-
dent, p. 2724.
Sleeping car companies:

See "Palace Cars and Sleeping Car
Companies."
Special damages, p. 860.
Stations and stopping places, p. 2726:
Abandonment of original stopping

place, p. 2733.
Condition of vehicle, p. 2733.
Evidence as to accommodations of

other party, p. 2727.
Evidence as to degree of care re-
quired, p. 2728.
Evidence to establish degree of care

required, p. 2727.
Explanation of situation and sur-
rounding circumstances, p. 2730.
Failure to use precautionary meas-
ures — Collateral matters, p. 2730.
Irrelevant and immaterial evidence,

p. 2726.
Other accidents and transactions,

pp. 2725, 2730, 2737.
Special circumstances, p. 2727
Subsequent repairs or changes, p.

2733.
To show condition of premises or
facilities, p. 2728.



INDEX.



4209



EVIDENCE, cont'd.

Stations and stopping places, cont'd.

To show liability for particular fa-
cilities used, p. 2733.
To show notice of condition of

premises or facilities, p. 2733.
Weight and sufficiency of evidence
as to negligence in respect to con-
dition of carrier's premises, p.
2788.
Tickets and fares:

Failure or refusal to honor ticket,
mileage, etc., p. 2705.
Trespassers, p. 2544.
Usages and customs:

See "Usages and Customs."

EXCLUSIVE PRIVILEGES, p. 98.

To corporations or individuals engaged
in transporting passengers and bag-
gage to and from railroad depots,
p. 99.

To express companies, p. 98.

To sliip using a wharf or dock con-
structed by a railroad company, p. 102.

To the use of a switch track, p. 102.

EXCURSIONS

Carriers of passengers, p. 1040:
Lialnlity of carrier, p. 2091.

EXECUTION

Goods seized under legal process, p. 573.
Loss or injury to goods, p. 767.
Stoppage in transitu, p. 1218.

EXEMPLARY DAMAGES

Baggage, p. 3197.

Carriers of passengers: *

Arrest, p. 3072.
Assault and battery, p. 3070.
Breach of contract, p. 3053.
Evidence, p. 2776.
For breach of contract, p. 3053:

Carrying beyond destination, p.

3057.
Delay in transportation, p. 3056.
Exemplary damages not recov-
erable for mere neglect of
duty, p. 3053.
Failure to carry to destination,

p. 3056.
Failure to* stop train or car at
station or where proper sig-
nal is given, p. 3055.
General rule, p. 3053
Refusal of transportation, p.

3055.
What may be considered in as-
sessing damages, p. 3058.
Gross negligence, pp. 3067, 3068,

3069.
Injury resulting from reckless in-
difference to rights of passen-
ger, p. 3066.
Insults, p. 3070.
Personal injuries, p 3065.
Questions of law and fact, pp. 2852,

2861.
Threats.^ p. 3070.
Wrongful arrest, p. 3072.



EXEMPLARY DAMAGES, cont'd.

Delay in transportation or delivery, p.

651.
Delivery l)y carrier, p. 594.
Duty to receive and carry, p. 265.
Ejection of passengers, 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 passenger 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 belief that
passenger'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. 3096.

Malicious acts of servants, pp. 3087,
3088.

Passenger entering train or violat-
ing rule of carrier for purpose of
being ejected and suing therefor,
p. 3096.
Loss or injury to goods, p. 860.
Palace cars and sleeping car companies,

p. 3240.
Tickets and fares:

Excessive and unauthorized charges,,
p. 1606.

EXEMPTION FROM LIABILITY

See "Limitation of Liability."

EXEMPTION FROM NEGLIGENCE

See "Limitation ot Liability."

EXEMPTION FROM REGULATION
BY CHARTER OR STATUTE, p. 6:2.

Consolidation, p. 65.
Lease, p. 64.

Necessity for positive and clear words
of exemption, p. 62:
Doctrine illustrated, p. 63.
Doctrine stated, p. 62.
Purchase, p. 64.

Succession to rights of company enti-
tled to exemption, p. 64.



4210



IXDEX.



EXPERT AND OPINION EVIDENCE

Carriers of live stocl-c, p. 1461.
Contributory negligence, p. 2295.
Delay in transportation or delivery, p.

693.
Loss or injury to goods, p. 837:
Value, pp". 863, 865.

EXPLOSIONS AND EXPLOSIVES

Carrier as warehouseman:

Storing explosives with goods, p.
915. '
Carriers by water, p. 4021.
Carriers of passengers, p. 1835.
Dut}^ to receive and carry, p. 23'^.
Interstate and foreign commerce, p.

3428.
Liability of carrier, p. 766.
Limitation of liability, p. 944.

EXPRESS COMPANIES

See "When Lial)ility Commences."
See "Carriers of Goods," for gen-
eral rules applicable to express
companies.
Bill of lading:

See "Bill of Lading."
Carrier as warehouseman:

See "Carrier as warehouseman."
Charges:

Statutes regulating rates of railroad
companies not applicable to ex-
press companies, p. 65.
Claim:

See "Notice of Loss and Presenta-
tion of Claim."
Control and regulation, pp. 22, 27.
Criminal law:

Failure to deliver express matter to
consignee, p. 179.
Delay in transportation or delivery:
See "Delay in Transportation or
Delivery."
Delivery:

See "Delivery by Carrier."
Necessity for personal deliverj', p.
534.
Delivery by carrier:

See "Delivery by Carrier."
Duty to receive and carry:

See "Duty to Receive and
Carry."
Duty as to express companies, p.
253.
Exclusive privileges:

Grant by railroads and street rail-
roads, p. 98.
Facilities and accommodations to be
furnished by railroad f-ompanies to
express companies, p. lOS.
Forwarder:

Limiting liability to that of for-
warder or warehouseman, p. 3369.
Franks, p. 3696.
Injury to goods:

See "Loss or Injury to Goods."
Interstate and foreign commerce, pp.
3431, 3468, 3525, 3526, 3614.
Delivery of goods, p. 3526.
Discriminations, p. 3526.
Power of state, p. 3525.



EXPRESS COMPANIES, confd.

Licensees, trespassers, intruders, etc:
Persons having business with ex-
press company or other carrier, p.
2503.
Limitation of liability, p. 2100-

See "Limitation of Liability."
Agreed valuation, p. 1058.
Connecting carriers, p. 3346.
Limitation of liability in receipt, p.
3654.
Limits established by express company.

p. 271.
Loss or injury to goods, p. 767:

See "Loss or Injury to Goods."
Money:

Liabilit}' of express company, p.
770.
Notice of loss and presentation of
claim;
See "Notice of Loss and Presenta-
tion of Claim."
Presentation of claim:

See "Notice of Loss and Presenta-
tion of Claim."
Railroad commission, p. 24.
Railroads:

Duty as to express companies, p.
253.
Refusal to deliver freight or express
matter to consignee:
Penalty:

See "Penalties for \'iolations of
Regulations."
Stoppage in transitu:

See "Stoppage in Transitu."
Taxation, pp. 3576, 3594.

Constitutionality, p. 3576.
'' Gross receipts, p. 3578.

License and occupation tax, pp.

3576, 3577.
Property, p. 3578.

Tax on agent of express company,
p. .?570.
Title, custody and control of g'^ods:
See "Title, Custodj^ and Control of
Goods."
Warehouseman :

See "Carrier as Warehouseman."

EXPRESS MESSENGER

Relation of carrier and passenger, p.
1577.

EXPRESSMAN

Common carrier, p. 7.

EXTRA FARE

See "Tickets and Fares."

FACILITIES

See "Duty to Receive and Carry."

FACTORS AND COMMISSION MER-
CHANTS

Stoppage in transitu, p. 1216.

FALSE IMPRISONMENT AND AR-
REST, pp. 2059, 2070.
Arrest for counterfeiting, p. 2071.
Arrest without warrant, p. 2062.



INDEX.



4211



FALSE IMPRISONMENT AND AR-
REST, cont'd.

Damages, p. 3065.

Detention or restraint, p. 2000.

Detention to enforce payment of fare,
p. 2061.

Duty of carrier in case of attempt to
arrest passenger, p. 2019.

Evidence, p. 2786.

Exemplary damages, p. 3070.

General rule, p. 2059.

Liability of carrier for acts of servants,
p. 2059.

Prol^able cause, p. 2062.

Scope of emplovment, pp. 2059, 2070.

Servant exceeding his authority, p.
2059.

Unlawfulness of the detention or re-
straint, p. 2061.

What constitutes false imprisonment,
p. 2060.

When false imprisonment is within
scope of servant's authoritj', p. 2070.

FARES

See "Tickets and Fares."

FEED

Carriers of live stock:

See "Carriers of Live Stock."

FELLOW SERVANTS

Inlirstate and foreign commerce, pp.
3461, 3510.

FERMENTATION

Less or mjurj^ to goods, p. 7G6.

FERRIES

Carriers of passengers, pp. 1488, 1838,

1839.
Common carriers, p. 1838, 1839.
Interstate and foreign commerce:
Ferriage charges, p. 3500.
Power of state, p. 3474:

Compensation for additional fa-
cilities, p. 3478.
Concurrent action of both

states, p. 3478.
Ferries between one of the
states and a foreign country,
p. 3477.
Granting of franchises and con-
trol, p. 3476.
In general, p. 3474.
Injunction, p. 3476.
Landing and receiving passen-
gers and freight, p. 3476.
License fees, tolls and taxation,

p. 3474.
Regulation of rates and tolls, p.

3474.
Taxation on transportation, p.

3475.
Taxation on transportation not
a ferry in strict sense, p. 3475.
Loss or injury to goods, p. 768.
Taxation, p. 3586.



FINDING

Carriers of passengers, p. 3032.

FINDINGS

CDHtributory negligence, p. 2404.

FIRE

Baggage, p. 3174.
Carrier as warehouseman, p. 909.
Carriers by water, pp. 4021, 4025, 4038.
Carriers of live stock:

Presumptions and burden of proof,
p. 1455.
Carriers of passengers, p. 1835.
Limitation of liability, pp. 953, 958, 970,
1021, 1022, 1023:
Choice between full and limited lia-
bility, p. 980.
Presumptions and burden of proof,
p. 1040.
Loss or injury to goods, p. 739.

FIRE INSURANCE

See "Insurance."

FLAGGING TRAIN

Contributory negligence, p. 2141.

FLAG STATIONS, pp. 1852, 1856.

FLOODS

Carriers of live stock, p. 1338:
Carriers of passengers:

Inspection of road after extraordi-
nary floods or storms, p. 1843.
Delay in transportation or delivery, pp.

619, 620.
Deviation, pp. 505, 510.
Limitation of liability, p. 1021.
Loss or injur}' to goods, pp. 736, 737.

FOOTBOARD

See "Contribntorj- Negligence."

FOREIGN COMMERCE

See "Interstate and Foreign Com-
merce."

FOREIGN CORPORATIONS

Intestate and foreign commerce:
Power of state, p. 3471:

Charter fee, p. 3472.

Consolidation of foreign and

' domestic corporations, p.
3472.

Discrimination between foreign
and domestic corporations, p.
3471.

Filing articles of incorporation
in state, p. 3473.

General rules p. 3471.

License for keeping office, p.
3472.

License for maintaining passen-
ger traffic agency, p. 3473.
Taxation, p. 3556.

FOREIGN LAWS

Sec "Conflict of Laws."



4 Car— 70



4212



INDEX.



FORFEITURES AND PENALTIES

See "Penalties for Violations of
Regulations."

FORGERY

Bills of lading, pp. 314, 315, 326.

Deposit of draft with fictitious or

forged bill of lading attached, p.

399.
Evidence of forgery uncontradicted,

p. 407.
Holder of forged bill of lading, p.

376.

FORWARDERS

See "Connecting Carriers."
Common Carriers, p. 7.
Liability, p. 771.

FRANCHISE

Charges:

See "Charges."

FRAUD AND DECEIT

Bills of lading, pp. 314, 326:

Draft with bill of lading attached.

p. 397.
Holder with knowledge of defects

in transferrer's title, p. 374.
Shipment fraudulently procured by
person not owner of goods, p. 340.
Carriers of goods:

Misrepresentation or concealment
of nature or value of goods, p.
759.
Carriers of live stock, p. V29?:

Limitation of amount of liability
and agreed valuation, p. 1401.
Delivery by carrier, p. 552:

Delivery to fraudulent consignee, p.
553.
Limitation of liability:

Amount of liability, p. 1064.
Loss or injury to goods:

Misrepresentation or concealment
of nature or value of goods, p.
759.
Stoppage in transitu, p. 1207.

FREE PASSES

See "Passes."

FREIGHT

See "Charges."
Bills of lading:

Stipulations as to, p. 354.
Carriers by water:

See "Carriers by Water."
Definition, p. 1134.

FREIGHT BILL, p. 302.

FREIGHT CARS

See "Carriers of Passengers."

FREIGHT RECEIPTS

Limitation of liability, p. 962.

FREIGHT TRAINS

See "Carriers of Passengers."



GAMBLING

Ejection of passengers, p. 2417.

GAME AND FISH

Interstate and foreign commerce, p.
3428.

GARNISHMENT

Bills of lading:

Guaranty of payment describing
goods, p. 397.
Delay in transportation or delivery, p.

620.
Goods seized under legal process, p.

579.
Interstate and foreign commerce, p.
3542:
Car owned by foreign railroad, p.

3544.
Indebtedness arising from interstate

commerce, p. 3544.
Interstate commerce incidentally af-
fected, p. 3543.
Power of state, p. 3542.
Proceeding by attachment and gar-
nishment, p. 3542.
Under interstate commerce act, p.
3544.

GOODS

See "Baggage;" "Carriers of Goods."

GRAIN

Delivery by carrier:

Statutory provisions, p. 541.
Duty to receive and carry, p. 241.

HACKMEN

Control and regulation, p. 33.
Licensees, trespassers, intruders, etc.,
p. 2505.

HAND CAR

Carriers of passengers, p. 1552.

HARTER ACT

See "Carriers by Water."

HEADLIGHT

Carriers of passengers, p. IS?7.

HEARSAY EVIDENCE

Carriers of passengeis, p 2723.

HEATING

See "Carriers -if Pass^^ngers."

HEPBURN ACT

Limitation of liability, p. 3331.

HOLDING COMPANIES

Interstate and foreign commerce, p.
3616.

HOLIDAYS

See "Sundays and Holidays."



INDEX.



4213



HOURS OF LABOR

Interstate and foreign commerce, pp.
3457, 3509:

Effect of 'exemption in case of emer-
gency, etc., p. 3460.

Employees engaged in both intra-
state and interstate commerce, p.
34()().

Exclusive power of congress, p.
3458.

Intrastate roads and eniployees, p.
3451^.

Power of congress, p. 3457.

Reports as to excess service, p.
3460.

Requirement as to hours of labor
construed, o. 3459.

Time statute took effect, p. 34."S.

Unreasonable searches and sei-
zures, p. 346J.

ICE AND SNOW

Platforms, p. 17S6.
Street railways, p. 1805.

ICING, p. 786.

See "Interstate and Foreign Com-
merce."
Carriers by water, p. 4025.

IDENTIFICATION

See "Tickets and Fares."

IDENTITY

Loss or injury to goods:

Identification of goods lost, p. 845.

ILLEGAL CONTRACTS

See "Limitation of Liability;" "No-
tice of Loss and Presentation of
Claim."
Loss or mjury to goods, p. 722.

IMMIGRANTS

Baggage, p. 3118.

IMPUTABLE NEGLIGENCE, p. 2163.

INDEMNITY

Stoppage in transitu, p. 1248.

INDEPENDENT CONTRACTORS

Assault and battery, pp. 2072, 207:!.
Carriers of passengers, p. 2072.

INDICTMENT AND INFORMATION,

p. 179.

See "Criminal Law."
Conditions precedent to indictment, p.

179.
Death by wrongful act, pp. 180, 181.
Effect of unnecessary allegations, p. 181.
Interstate and foreign commerce:

See "Interstate and Foreign Com-
' merce."
Long and short haul, p. 180.
Necessary allegations, p. 180.
Necessary allegations in indictment for
charging more for short than for long
haul, p. ISO.



INDICTMENT AND INFORMATION,

cont'd.

Necessary allegations in indiciment for
discrimination, p. 180.

Necessary allegations in indictment for
negligence causing death, p. 180.

Offenses by persons dealing with car-
riers, p. 185.

Offenses covered by indictment, p. 181.

Preferences and discriminations, p. 180.

Separate coaches, p. 181.

Waiting room, p. 181

INDORSEMENT

See "Bills of Lading."

INEVITABLE ACCIDENT

See "Unavoidable Accident."
Delay in transportation or delivery, pp.

617, 618, 619.
Deviation, p. 503.
Limitation of liability, pp. 953, 955, 956.



INFIRMITIES



OF



INHERENT
GOODS

Loss or injury to goods:

Burden of proof, p. 826.

INHERENT VICES

See "Carriers of Live Stock."

INJUNCTION

Charges, p. 128:

Another remedy as precluding in-
junction, p. 131.

Injunction on ground that rates
are confiscatory, p. 130.

Injunction on ground that rates are
unjust and unreasonable, p. 129.

Injunction to restrain a carrier from
charging unlawful rates, p. 131.

Injunction will not lie before rates
are fixed, p. 129.

Irreparable injury — Facts authoriz-
ing preliminary injunction, p. 129.

Proceedings which are legislative in
nature subject to injunctive proc-
ess, p. 128.

Taking property without due proc-
ess of law or denial of equal pro-
tection of laws, p. 130.

When enforcement of rates pre-
scribed by commission will be
enjoined, p. 128.

Whether suit against state, p. 128.
Commissions, p. 128:

Another remedy as precluding in-
junction, p. 131.

Injunction on ground that rates are
confiscatory, p. 130.

Injunction on ground that rates are
unjust and unreasonable, p. 129.

Injunction will not lie before rates
are fixed, p. 129.

Irreparable injury — Facts authoris-
ing preliminary injunction, p. 129.

Proceedings which are legislative
in nature subject to injmictive
process, p. 128.



4214



INDEX.



INJUNCTION, confd.
Commissions, cont'd.

Taking property without due proc-
ess of law or denial of equal pro-
tection of laws, p. 130.
When enforcement of rates pre-
scribed by commission will be
enjoined, p. 128.
Whether suit against state, p. 128.
Duty to receive and carry, p. 254.
Evidence, p. 134.
Interstate and foreign commerce:

Applicability of general principles

of law, p. 381S.
Enjoining enforcement of rates, p.

3766.
Enjoining increase in rates, p. 3821.
Enjoining order of commission, p.

3723.
Enjoining receiver, p. 3823.
Enjoining schedule rates, p. 3819.
Enjoining violations of anti-trust

law, p. 3821.
General rules, p. 3818.
Injunction pending hearing before

commission, p. 3821.
ludgmen". or order of commission,

p.' 3800.
Jurisdiction and venue of federal

courts, p. 3818.
Jurisdiction of commerce court, p.

3S22.
Mandatory injunction, p. 3823.
Perpetual injunction, p. 3821.
To prevent irreparable injury, p.

3810.
To prevent multiplicity of suits, p.

3819.
Venue of suit to enjoin increase of

rates, p. ?>'^'12.
Where carrier fails to file report,
p. 3819.
Judgments and decrees, p. 134.
Jurisdiction, p. 133:

Enforcement of rates, p. 133.
Laches, p. 134.
Parties, p. 133.
Pleading, p 133.

Preference and discriminations, pp. 227,
1190:
Injunction to compel carrier to per-
form impartial service, p. 132.
Injunction to restrain wrongful and
discrimmatory acts by carrier, p.
131.
Presumptions and burden of proof, p.

134.
Reference, p. 134.
Stations:

Injunction to restrain persons from

soliciting business in or near a

railroad station, p. 132.

When and against whom injunction

will lie, p. 128:

Injunction against action by a

state commission, p. 128.
Injunction to compel carrier to fur-
nish impartial service, p. 132.
Iniunctinn to compel carrier to
stand cars in front of a shipper's
property, p. 132.



INJUNCTION, confd.

When and against whuni injunction

will lie, cont'd.
Injunction to compel transporta-
tion at rate fixed by law, p. 132.
Injunction to restrain a carrier from

charging unlawful rates, p. 131.
Injunction to restrain persons from

soliciting business in or near a

railroad station, p. 132.
Injunction to restrain wrongful and

discriminatory acts by a carrier,

p. 131.

INJURY TO GOODS

See "Loss or Injury to Goods."

INNS AND INNKEEPERS

Palace cars and sleeping car companies,
pp. 32U2, 321,-).

INSANITY

Act of God:

Insanity ol employee, p. 741.
Carr'c-'s of passensfers:

Refusal to carr}-, p. 149G.
Duty to protect passengers:

See "Carriers of Passengers.'"
Ejection of passengers, pp. 2416. 2488.

INSOLVENCY

See "Stoppage in Transitu."

INSPECTION

Carriers by water, p. 3909.
Cars:

Dutv of shipper to inspect car, p.
783.
Charges:

Compensation for stoppage in
transit for inspection, etc., p.
ll.-)2.
Delivery by carrier:

Opportunity to inspect and remove
goods, p. .530.
Interstate and foreign commerce:

Inspection of locomotives, p. 350.J.
Loading:

Duty of carrier to inspect, p. 759.
Loss or injury to goods:

Duty of shipper to inspect car, p.
783.
Steam vessels, p. 3977.

INSPECTION LAWS

Taxation, p. ?jM^\.

INSTRUCTIONS

Actions against carrier for breach of

contract, p. 466.
Assault and battery, p. 2957:

Damages, p. 3010.
Baggage, p. 3196.
Bills of lading, p. 406.
Carrier as warehouseman, p. 919.
Carriers by water:

Personal injuries, p. 4004.
Carriers of live stock, p. 1480:

Conformity to issues, p. 1181.

Conformity to the facts, p. 1481.

Conformity to the law. p. 1481.



INDEX.



4215



INSTRUCTIONS, coufd.

Carriers of live stock, cont'd.
Damages for delay, p. 1327.
General rules, p. 1480.
Instruction ignoring material ele-
ment of case, p. 1482.
Liability to persons accompanying

stock, p. 2999.
Limitation of liability, p. 1394.
Carriers of passengers:

See "Carriers of Passengers."
Connecting carriers, p. 3411.
Contributory negligence:

See "Contribiitory Negligence."
Criminal law, p. 183.
Dead bodies, p. 1258.
Degree of care required:

Carriers of passengers, p. 29.50:
Form and requisites, p. 2950.
General rules, p. 2950.
Illustrations, p. 2955.
Misleading, p. 2951.
Must be consistent with practi-
cal operation of business, p.
2952.
Stage coach carrier, p. 2950.
Standard of care required must

not be too great, p. 2953.
Use of word "highest" or "ut-
most," p. 2954.
Delay in transportation or delivery, p.
695:
Form, requisites and sufficiency of

instructions, p. 697.
Necessity and propriety of instruc-
tions, p. 696.
Province of court and jury, p. 695.
Delivery by carrier:

Actions for failure to deliver or
misdelivery, p. 602.
Duty to follow instructions, p. 500.
Ejection of passengers, p. 3017:

Applicability to evidence and facts

case, p. 3021.
Applicability to pleadings and is-
sues, p. 3020.
Damages, p. 3030.
Exemplary damages, p. 3030.
Form and requisites, p. 3017.
Misleading instructions, p. 3018.
Physical and mental suffering, p.

3031.
Requests, p. 3023.
Right to eject, p. 3025.
Use of force b}^ carrier's servants,

p. 3022.
Variance as to place where plaintiff
"claims" accident occurred, o.



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