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Thomas Johnson Michie.

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

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Possession of goods, p. 992.
Presumptions and burden of proof,
pp. 1032, 1033, 1034.



INDE^X.



4243



LIMITATION OF LIABILITY, cont'd.
Knowledge and assent of shipper, cont'd.
Reading- contract, p. 983.
Receipt prepared by carrier, p. 990.
Receipt prepared by shipper, p. 080.
Receipt referring to bill of lading-
containing limitations, p. 990.
Stipulations limiting time within

which suit must be brought, p.

1123.
Weight and sufficiency of evidence.

p. 1045.
What constitutes acceptance or as-
sent, p. 985.
Leakage, p. 1021.
Legibility, p. 965.

Liabilities subject to limitation, p. 944:
Certain named risks and "any and

all other causes whatever," p. 947.
Damages from conduct or running

trains, p. 959.
Decay or injury to perishables, p.

958.
Delay caused by mobs and strikes,

p. 957.
Delay causing loss of market, p.

957.
Delay or failure to transport, p.

957.
Failure to furnish suitable cars, p.

953.
Fire, p. 958.
General rule, p. 944.
Liability as warehouseman, p. 959.
Liability for loss arising from car-
rier's own negligence:
See iinfra, "Negligence,."
Loss by act of God, p. 955.
Loss by breakage, p. 95(5.
Loss by i-nistake or accident, p. 956.
Loss by rust, p. 958.
Loss due to inevitable accident or

casualty, p. 955.
Loss due to public enemy, p. 956.
Loss of market, p. 957.
Notice of arrival, p. 959.
Public policy, p. 946.
Regulations as to delivery and

entry of packages, p. 956.
Release of damages accrued before

execution of written contract, p.

960.
Risk of loading and unloading, p.

956.
Safety of goods after arrival, p.

959.
Stipulations against liability for

loss of valuables unless value dis-
closed, p. 956.
Limitation of actions:

See infra, "Stipulations Limiting

Time within W'hicli Suit .Must Re

l5rouglit."
Limitation of amount (jf liability, p.

1050:
Agreed valuation of shipment:

See infra, "Agreed Valuation of
Shipment."

4 Car— 72



LIMITATION OF LIABILITY, confd.
Limitation of amount of liability, cont'd.
Carriers of live stock:

See "Carriers of Live Stock."
Computing amount of recovery, p.

1081.
Conflict of laws, p. 1053.
Constitutional provisions, p. 1050.
Certainty and definiteness, p. 1061.
Choice of full or limited liability, p.

1064.
Consideration, p. 1061.
Duress, p. 1064.
Effect, p. 1071.

Effect of state statutes and consti-
tutional provisions, p. 1050.
Estoppel, p. 1071.
Express contract, p. 1060.
Fairness, p. 1063.
Form, p. 1060.
Fraud, p. 1064.

Interstate commerce act, p. 1051.
Justness, p. 1063.

Knowledge and assent of shipper, p.
1065:
Acceptance of bill of lading, p.

1065.
Acceptance of coupon receipts

of local carriers, p. 1068.
Acceptance of freight or ship-
ping receipt, p. 1066.
Authority of agent or consignor,

p. 1069.
Express receipts, p. 1067.
Illegible, unintelligible and un-
explained terms, p. 1065.
Knowledge of shipper that rates
based on value of goods, p.
1069.
Misrepresentation of value by

shipper, p. 1069.
Necessity, p. 1065.
Question for jury, p. 1070.
What constitutes, p. 1065.
Limitation of liability for negli-
gence, p. 1072:
Agreements as to valuation, p.

1073.
Burden of proof as to negli-
gence, p. 1079.
Damages limi'f^'l to specified

amount, p. 1078.
Interstate shipments, pp. 1077-

1079.
Losses not involving negligence,

p. 1080.
Rule that carrier liable, p. 1075.
Rule that carrier not liable, p.

1073.
Validity, p. 1072.
Value at place and date of ship-
ment, p. 1078.
Losses covered, p. 1072:

Change of route, p. 1080.
Conversion l)y carrier, p. 1081.
Delay in transportation, p. 1080.
Delivery to wrong person, p.
1080.



424^-



INDEX.



LIMITATION OF LIABILITY, coiifd.
Limitation of amount of liability, cont'd.
Losses covered, cont'd.

Embezzlement of goods by em-
ployee of carrier, p. lOSO.
Losses not involving negligence,
p. 1080.
Measure of damages where stipula-
tion void, p. 1082.
Methods of limiting liability, p. 1054.
Necessity of express contract, p.

1061.
Notice to carrier of character of

goods, p. 1070.
Operation, p. 1071.
Pleading, p. 1082.

Power to limit and validity, p. 1050.
Printed forms, p. 1061.
Reasonableness of limitation, p.

1063.
Requiring declaration of value by

shipper, p. 1059.
Requisites, p. 1060.
Signature of shipper, p. 1061.
Statutes, p. 1050.

Stipulation fixing measure of dam-
ages, p. 1071.
Stipulation prescribing measure of

damages, p. 1059.
Waiver of stipulation, p. 1082.
What law governs, p. 1053.
Limited liability act:

See "Carriers by Water."
Live stock:

See "Carriers of Live Stock."
Loading, pp. 956, 970, 1021.
Carriers of live stock:

See "Carriers of Live Stock."
Loss:

See "Notice of Loss and Presenta-
tion of Claim."
Losses covered, p. 1019:
Amount of liability:

See infra, "Limitation of Amount
of Liability."
Breakage or leakage, p. 1021.
Carriers of live stock, p. 1374:

See "Carriers of Live Stock."
Dangers of navigation, p. 1019.
Dangers of the river, p. 1020.
Default of subcarrier, p. 1025.
Defect in cars, p. 1021.
Limitation of amount of liability:
See infra, "Limitation of Amount
of Liability."
Limitation of liability for negli-
gence, p. 1072:
Agreements as to valuation, p.

1073.
Burden of proof as to negli-
gence, p. 1079.
Damages limited to specified

amount, p. 1078.
Interstate shipments, pp. 1077-

1079.
Losses not involving negligence,

p. 1080.
Rule that carrier liable, p. 1075.



LIMITATION OF LIABILITY, cont'd.
Losses covered, cont'd.

Limitation of liability for negli-
gence, cont'd.
Rule that carrier not liable, p.

10<3.
Value at place and date of ship-
ment, p. 1078.
Validity, p. 1072.
Loading and unloading, p. 1021.
Loss by fire, p. 1021.
Loss by floods, p. 1021.
Losses arising from negligence, p.

1019.
Loss from causes beyond carrier's

control, p. 1019.
Loss from delay, p. 1020.
Loss "in transit" or "in depot or

place of transshipment," p. 1024.
Notice of loss and presentation of
claim:
See "Notice of Loss and Pre-
sentation of Claim."
Particular limitations, p. 1019.
Presumptions and burden of proof,

p. 1035.
Release of claim for accrued dam-
ages, p. 1025.
Shipment "released" or at "owner's

risk," p. 1020.
Stipulation as to disclosure of value

of property, p. 1020.
Stipulations limiting time within
which suit must be brought, p.
1125.
The term "released," p. 1020.
LTnavoidable dangers, p. 1019.
Louisiana, p. 945.
Mail clerks, p. 2102.
Maine, p. 945.
Manner of limiting liability:

Arrangement between express and

railroad companies, p. 1011.
Contracts:

See infra, "Special Contract."
Custom and usage, p. 1009.
Depositing freight in warehouse at

end of route, p. 1011.
Instructions to carrier's agent, p.

1011.
Notice or advertisements:

See infra, "Notice or Advertise-
ments."
Special contract:

See infra, "Special Contract."
Margin :

Stipulation on margin, pp. 964, 1099.
Stipulations on margin of contract,
p. 964.
Market:

Loss of market, p. 957.
Maryland, p. 945.
Massachusetts, p. 945.
Meeting of minds of parties, p. 980.
Merger:

Merger of parol and subsequent

written contract, p. 1044.
Merger of prior parol negotiations,
p. 1016.
Michigan, p. 945.



INDEX.



4245



LIMITATION OF LIABILITY, confd.
Minnesota, pp. 945, 948.
Mississippi, pp. 945, 948.
Missouri, pp. 945, 948.
Mistake, p. 956.

Nature of riglit to limit, p. 930.
Nebraska, pp. 932, 945.
Negligence, p. 947:

Act of God, p. 953.
Burden of proof, p. 1036.
Carriers of live stock:

See "Carriers of Live Stock."
Carrier under no legal duty to move

train as agreed, p. 955.
Connecting carriers, pp. 3342, 3353.
Constitutional provisions, p. 951.
Dangers of navigation, p. 953.
Decay, p. 953.

Defaults of subcarriers, p. 953.
Defects in cars, p. 953.
Delay, p. 953.
Effect of exemption from special

causes, p. 952.
Exceptions do not include negli-
gence, p. 952.
Exemption from negligence, p. 947.
Fire, p. 953.

Gross negligence, p. 951.
Harter act, p. 952.
Interstate commerce, p. 954.
Liability for loss arising from car-
rier's own negligence, p. 947.
Limitation of amount of liability, p.
1072:
Agreements as to valuation, p.

1073.
Burden of proof as to negli-
gence, p. 1079.
Damages limited to specified

amount, p. 1078.
Interstate shipments, pp. 1077-

1079.
Losses not involving negligence,

p. 1080.
Rule that carrier liable, p. 1075.
Rule that carrier not liable, p.

1073.
Validity, p. 1072.
\'alue at place and date of ship-
ment, p. 1078.
Loss by war, p. 953.
Losses arising from negligence, p.

1019.
Notice of loss and presentation of

claim, pp. 1097, 1100.
Power to limit in general, p. 947.
Presumptions and burden of proof,

p. 1036.
Private carriers, p. 951.
Proof of negligence vel non, p. 1040.
Property placed on right of way by
owner for his own convenience, ]>.
955.
Pul)lic policy, p. 950.
Release of damages from prior neg-
ligence, p. 955.
Statutory provisions, p. 951.
Sufficiency and weight of evidence,

p. 1046.
Unavoidable dangers, j). 953.



LIMITATION OF LIABILITY, coufd.
Negligence, cont'd.

Unreasonable, p. 950.
Validity of statute prohibiting ex-
emption from negligence, p. 955.
Willful negligence, p. 951.
New Hampshire, p. 945.
New Jersey, pp. 945, 948.
News agents, p. 2102.
New York, pp. 945, 948.
North Carolina, pp. 946, 948.
North Dakota, p. 948.
Notice:

See infra, "Knowledge and As-
sent of Shipper."
Connecting carriers, p. 3346.
Entry of notice on tickets, p. 963.
Notice on back of receipt or bill of
lading, p. 964.
Notice of arrival, p. 959.
Notice of loss and presentation of claim:
See "Notice of Loss and Presenta-
tion of Claim."
Notice or advertisements, p. 1003:
Assent of shipper, p. 1006:

Distinction between notices
merely designed to insure fair
dealing and others, p. lOOS.
Express assent not necessary, p.

1008.
In general, p. 1006.
Necessity of assent, p. 1006.
Notice to agent of shipper, p.
1009.
Form of notice, p. 1005.
General notice or advertisements, p.

1003.
Newspaper publication of notice, p.

1005.
Notice brought to attention of ship-
per, p. 1004.
Publication of notice, p. 1005.
Reasonableness of regulations, p.

1006.
Special notice to owner of goods, p.

1005.
Sufficiency of notice, p. 1005.
Validity of general notice or adver-
tisements, p. 1003.
Ohio. pp. 946. 948.
Oklahoma, p. 946.
"O. R.," p. 985.
Oregon, p. 948.
Palace cars and sleeping car companies,

p. 3223.
Palace or pullman cars:

Emr>lo3'ecs of pullman car compa-
nies, p. 2102.
Parol evidence, pp. 1016, 1017, 1018:

Connecting carriers, p. 3366.
Partnersiiip:

Connecting carriers wliicli are part-
ners, p. 3344.
I'assengcrs:

See "Carriers of Passengers."
Passes:

Shipper's pass as a consideration, p.
977.
Pennsylvania, pp. 94(), 949.
Performance, p. 1025.



4246



INDEX.



LIMITATION OF LIABILITY, cont'd.
Perils of navigation, p. 1040.
Perishable goods:

Decay or injury to perishables, p.
958.
Persons bound and carriers benefited, p.

1019.
Pleading, p. 1026:

See infra, "Declaration. Petition
or Complaint;" "Plea or An-
swer and Affidavit of De-
fense."
Carriers of live stock, p. 1386.
Plea or answer and affidavit of defense,
p. 1027:
Affidavit of defense, p. 1028.
Allegation of reasonableness, p. 1027.
Allegations, p. 1027.
Carriers of live stock, p. 1386.
Demurrer, p. 1027.
Demurrer to plea, p. 1029.
Necessity for special plea, p. 1027.
Negativing carrier's negligence, p.

1028.
Pleading and proof of foreign laws,

p. 1028.
Shipping order, p. 1028.
Validity under foreign laws, p. 1027.
Power of carrier, p. 930.
Power to limit and validity:

See infra, "Connecting Carriers."
Presentation of claim:

See "Notice of Loss and Presenta-
tion of Claim."
Presumptions and burden of proof, p.
1029:
Authority of shipper's agent, p. 1035.
Burden of proof generally, p. 1029.
Carriers by water, p. 4030.
Carriers of live stock:

See "Carriers of Live Stock."
Existence and validity of contract,

p. 1029.
Knowledge of contract and assent

of shipper, p. 1032.
Misrepresentation of value or con-
tents, p. 1035.
Negligence, p. 1079.
Performance of conditions precedent

to recovery, p. 1042.
Presumptions generally, p. 1029.
Reasonableness, p. 1030.
Requisites of contract, p. 1030.
Showing loss within exemption, p.
1035:
Burden of proof as to exemp-
tion, p. 1035.
Loss by fire, p. 1040.
Mobs, riots, robbery and strikes,

p. 1042.
Particular stipulations, p. 1040.
Perils of navigation, p. 1040.
Rule placing burden on carrier,

p. 1038.
Rule placing burden on shipper,

p. 1036.
Showing negligence vel non, p.
1036.



LIMITATION OF LIABILITY, confd.

Principal and agent:

Assent of agent of consignor, p. 994.
Carriers of live stock, p. 1371.
Instructions to carrier's agent, p.

1011.
Notice to agent of shipper, p. 1009.
Private carriers:

Effect as rendering carrier a private
carrier, p. 1018.
Property carrier not required to trans-
port, p. 944.
Property to which applicable, p. 1019.
Provision of bill of lading obscured by

stamps, p. 966.
Public enemy, pp. 953, 956:

Agreed valuation of shipment, p.
1055.
Questions of law and fact, p. 1048:
As to the contract, p. 1048.
As to the loss. p. 1050.
Questions for court, p. 1048.
Questions for jury, p. 1048.

Rates:

Reduced rates as consideration:
See infra, "Consideration."
Reading contract, p. 983.
Reasonableness of limitation, p. 977:
Carriers of live stock, p. 1370.
Evidence, p. 1045.
Limitation of amount of liability, p.

1063.
Notice of loss and presentation of
claim:
See "Notice of Loss and Pres-
entation of Claim."
Presentation of claim:

See "Notice of Loss and Pres-
entation of Claim."
Presumptions and burden of proof,

p. 1030.
Question for jury, p. 1122.
Receipts:

Acceptance of freight receipt as as-
sent to limitation, p. 985.
Freight receipts, p. 962.
Issuance of bill of lading or receipt

after shipment, p. 996.
Notice on back of receipt or bill of

lading, p. 964.
Provisions stamped or written on
face of receipt or bill of lading, p.
963.
Receipt prepared by carrier, p. 990.
Receipt prepared by shipper, p. 989.
Receipt referring to bill of lading

containing limitations, p. 990.
Receipts of compress company, p.
963.

Release, p. 960:

Consideration, p. 970.

Release of claim for accrued dam-
ages, p. 1025.

Release of damages accrued before
execution of written contract, p.
960.

Release of damages from prior neg-
ligence, p. 955.
"Released," p. 1020.



INDKX.



4247



LIMITATION OF LIABILITY, confd.
Requirement of notice of loss and pres-
entation of claim:
See "Notice of Loss and Presenta-
tion of Claim."
Requisites of stipulation, p. 963.
Rust. p. 9.5S.
Service of process:

Stipulations as to time of service of
process, p. 1129.
Several receipts for property, p. 1019.
Shipping receipts:

See infra, "Receipts."
Signature, pp. 9(58, 1061, 1099.
Small type, p. 966.
South Carolina, pp. 946, 949.
Special contract, p. 960:
Assent of shipper:

See infra, "Knowledge and As-
sent of Shipper."
Bill of lading, p. 962.
Choice between full and limited lia-
bility, p._979.
Consideration:

See infra, "Consideration."
Duress, p. 978.
Express or implied contract, pp.

960, 981, 982.
Express terms, p. 966.
Fairness, p. 978. •
Form of limitation, p. 961.
Fraud, p. 978.
Freight receipts, p. 962.
General words, p. 967.
Georgia, p. 967:

See infra, "Georgia."
Implied contract, pp. 961, 982.
Inconspicuous conditions and type,

966.
Instruments in which special con-
tract incorporated, p. 962.
Intelligible, p. 965.
Knowledge and assent of shipper:
See infra, '"Knowledge and As-
sent of Shipper."
Legibility, p. 965,

Meeting of minds of parties, p. 980.
Necessity for express contract, pp.

961, 981.
Necessity for written contract, p.

961.
Notice:

See infra, "Knowledge and As-
sent of Shipper."
Provision of bill of lading obscured

by stamps, p. 966.

Provisions stamped or written on

face of receipt or bill of lading, p.

963.

Reasonableness of limitation, p. 977.

Receipts of compress company, p.

963.
Requisites of stipulation, p. 963.
Small type, p. 966.
Stamps ol)SCuring provision, p. WW.
Stipulation must be in Ijody of in-
strument:
See infra, "Stipulation Must Re
in Body of Instrument."
Stipulation must be legible and in-
telligible, p. 965.



LIMITATION OF LIABILITY, amfd.
Special contract, cont'd.

Subsequent written agreement con-
templated l>y parties, p. 1001:
General rule, p. 1001.
Knowledge of rule requiring
contract, p. 1002.
Tickets, entry of notice on, p. 963.
Time of agreement:

See infra, "Time of Agreement."
Type, p. 966.

Unequivocal terms, p. 966.
Written contract, p. 961.
Stamping:

Provisions stamped or written on
face of receipt or bill of lading, p.
963.
Stamps obscuring provision, p. 966.
Station agent:

Instructions to carrier's agent, p.
1011.
Statutes:

Harter act.

Limited liability act:

See "Carriers by Water."
Statutory provisions, pp. 932, 937, 951.
Stipulation must be in body of instru-
ment, p. 963:
General rule, p. 963.
Memorandum, on freigiit card or

ticket, p. 964.
Notice on back of receipt or bill of

lading, p. 964.
Printing appended to contract, p.

964.
Provisions stamped or written on
face of receipt or bill of lading, p.
963.
Stipulations on margin of contract,
p. 964.
Stipulation must be legible and intelligi-

h\e, p. 965.
Stipulations limiting time within which
suit must be brought, p. 1118:
Assent of shipper, p. 11:23.
Bar lo action brought after expira-
tion of time, p. 1124.
Burden, pleading and proof of rea-
sonableness, p. 1121.
Conflict oflaws, p. 1120.
Consideration, p. 1123.
Effect, p. 1123.

Form and requisites, p. 1121.
Instructions, p. 1129.
Interstate shipments, pp. 1120. 1121.
Knowledge of loss. p. 1124.
Limiting common-law liability, i).

1123.
Losses or injuries to wliicli appli-
cable, p. 1125.
Montana statute, p. 1119.
Oklahoma statute, p. 11 1'.'.
Operation, p. 1123.
Power, p. 1118.
Public policy, p. 1118.
Question for jury, p. 1122.
Rcasonal)leness, p. 1121.
Removal of bar, p. 1 12,").
State statutes, ii. 1 1 19.
Statute proliibiting limitation of
timi' (if 1)ringiiig suit, p. 1 I 19.



4248



INDEX.



LIMITATION OF LIABILITY, cont'd.
Stipulations limiting time within which
suit must be brought, cont'd.
Statutes prohibiting limitation of

common-law liability, p. 1119.
Stipulations on back of contract, p.

1123.
Texas statute, p. 1119.
Time consumed in correspondence,

p. 1125.
Validity, p. 1118.

^^'aiver or estoppel to rely upon
stipulation, p. 1126:

Agent denying authority at

time of promise, p. 1127.
Authority of agent, p. 1126.
Authority of agent of connect-
ing carrier, p. 1126.
Delay in handling claim, p.

1128.
Effect of fraud or misrepresen-
tations of carrier, p. 1127.
Pleading, p. 1129.
Proof, p. 1129.
Proof of authority, p. 1126.
Shipper induced to believe
claim will be paid without
suit, p. 1128.
What constitutes waiver, p.
1128.
When cause of action accrues, p.

1124.
What constitutes commencement
of action, p. 1125.
Stock:

See "Carriers of Live Stock."
Strikes, p. 957.
Suit:

See infra, "Stipulations Limiting
Time within Which Suit }.Iust Be
Brought."
Tennessee, pp. 946, 949.
Texas, pp. 932, 937, 946, 949.
Theft, p. 4027.
Tickets and fares:

Entry of notice on tickets, p. 963.
Time:

See infra, "Stipulations Limiting
Time within Which Suit Must Be
Brought."
Stipulations as to time of service of
process, p. 1129.
Time of agreement, p. 996:

Before time of the shipment of the

goods, p. 996.
General rule. p. 996.
Issuance of bill of lading or receipt

after loss, p. 1000.
Issuance of bill of lading or receipt
after shipment, p. 996.
Transfer:

Agreed valuation, p. 1058.
Trover and conversion:

Conversion by carrier, p. 1081.
Type, p. 966.

Unavoidable dangers, p. 1019.
Unequivocal terms, p. 966.
Unloading, p. 1021:

Carriers of live stock:

See "Carriers of Live Stock."



LIMITATION OF LIABILITY, cont'd.
Usages and customs, p. 1009:

Connecting carriers, p. 3347.
Utah, p. 946.
Value:

See infra, "Agreed Valuation of
Shipment."
Misrepresentation of value by
shipper, p. 1057.
Variance, p. 1048:

Carriers of live stock, p. 1387.
Vermont, p. 946.
Virginia, pp. 936, 946, 949.
Waiver:

Notice of loss and presentation of
claim :
See "Notice of Loss and Pres-
entation of Claim."
Stipulations limiting time within
which suit must be brought:
See infra, "Stipulations Limit-
ing Time within Which Suit
Must Be Brought."
Warehouseman :

Limiting liability to that of for-
warder or w^arehouseman, p. 3360.
Washington, p. 949.
West Virginia, pp. 946, 949.
What law governs, p. 939.
What constitutes acceptance or assent,

p. 985.
Wisconsin, pp. 946, 949.
Writing, p. 961.
Written contract exacted where oral

had been made, p. 971.
Written contract, p. 1002.
Written instrument as complete con-
tract, p. 1016:
Effect as rendering carrier a private

carrier or bailee, p. 1018.
Effect of waybill, p. 1018.
Merger of prior parol negotia-
tions, p. 1016.
Only part of contract contained in

written agreement, p. 1018.
Parol agreement substituted for

written contract, p. 1018.
Parol evidence as showing meaning

of words and phrases, p. 1017.
Parol evidence to vary or contra-
dict, p. 1016.
Wyoming, p. 949.

Acceptance of dray ticket and checks
of local carrier, p. 991.

LIMITED LIABILITY ACT

See "Carriers by Water."

LIVERY STABLE KEEPERS

Carriers of passengers, p. 1488.
Common carriers, p. 10.

LIVE STOCK

See "Carriers of Live Stock."

LOADING

See "Unloading."
Carriers of goods:

Goods improperly loaded, p. 758.



INDIJX.



4249



LOADING, cont'd.
Carriers of live stock:

See "Carriers of Live Stock."
Inspection:

Duty of carrier to inspect, p. 759.
Limitation of liability, pp. '.).">«, 970. 1021.
Loss or injury to goods:

Goods improperly loaded, p. 758.

Means for loading, p. 788.

LOGS AND LOGGING

Literstate and foreign commerce, p.
,3428:
Lien for surveying logs, p. 3546.

LONG AND SHORT HAULS, pp. 73,

1187.
See "Interstate and Foreign Com-
merce."

Construction of provisions, pp. 74, 75.

Effect of competition, p. 74.

Indictment and information, p. 180.

Interstate commerce, pp. 74, 3497.

Preferences and discriminations, p. 1187.

State may prohibit greater charge for
short than for long haul, p. 73.

Unreasonableness of charges, p. 73.

LOSS

Notice of loss and presentation of claim:
See "Notice of Loss and Presenta-
tion of Claim."

LOSS OR INJURY TO GOODS, p. 719.
Actions for loss or injury, p. 796:
Admissions in pleadings, p. 810.
Assignability of right of action, p.

797.
Common-law or statutory liability,

p. 797.
Conditions precedent to action, p.

797.
Damages:

See infra, "Damages."
Declaration, petition or complaint:
See infra, "Declaration, Petition
or Complaint."
Defenses, p. 798.
Demand as condition precedent, p.

798.
Evidence:

See infra, "Evidence."
Ex contractu, p. 796.
Ex delicto, p. 796.
Form, p. 796.
Joinder of parties, p. 802.
Jurisdiction, p. 800.
Nature, p. 796.

Necessary allegations, p. 803.
Parties, pp. 797, 801.
Payment of freight by waiver, p.

799.
Payment or tender of charges, p.

797.
Persons entitled to sue, p. 797.
Plea or answer, p. 808.
Pleading, p. 802.

Presumptions and burden of proof:
See infra, "Presumptions and
P.urden of Proof."



LOSS OR INJURY TO. GOODS, cont'd.
Actions for loss or injury, cont'd.

Receipt given on obtaining goods,

p. 799.
Receiving goods, p. 798.
Right of action, p. 797.
Special contract, p. 797.
Sufficiency of allegations, p. 803.
Tender of charges, p. 797.
Trover, p. 796.
Variance, p. 813.
Venue, p. 800.
Waiver, pp. 798, 799.
Act of God:

See "Act of God." _
Act of military authority, p. 767.
Act of public enemy:

See "Public Enemy."
Acts or omissions rendering carrier lia-
ble in general, p. 775:
Effect of custom, p. 776.
Goods in bad condition when re-
ceived by carrier, p. 776.
Goods injured while detained for

freight, p. 777.
If the condition of the contents of

a box is unknown, p. 777.
Illustrations, pp. 775-778.
Leaving cotton in exposed place, p.

775.
Negligence of agents or servants, p.

779.
Negligence of carrier, p. 775.
Negligence or misconduct of third

person, p. 781.
Obligation of carrier to insure

goods, p. 777.
Particular instances, p. 777.
Payment of freight in illegal cur-
rency, p. 777.
Proximate cause of loss or injury,

p. 778.



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