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Thomas Johnson Michie.

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

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Unloading goods at improper time,
p. 775.
Admissions in pleadings, p. 810.
Amendments, pp. 808, 810.
Answer, p. 808.
Attachment, p. 767.
Bill of lading:

Evidence, pp. 829, 837.
Care required of carrier, p. 723:

Carrier of goods gratuitously, p.

725.
Carriers to whom rule applical^lc:
See infra, "Carriers to Whom
Rule Applicable."
Character and condition of goods,

p. 724.
Contract limiting liability, p. 725.
Extraordinary diligence, p. 724.
General rule, p. 723.
Insurer:

See infra, "Liability as Insurer."
Liability as insurer:

See infra, "Liability as Insurer."
Private carrier, p. 726.
Carriers by water, pp. 768, 3897:
Act of God, p. 3898.
Acts of employees or third persons,
p. 3914.



4250



INDEX.



LOSS OR INJURY TO GOODS, coiifd.
Carriers by water, cont'd.

Commencement and termination of

liability, p. 3901.
Delay, p. 3902.
Deviation, p. 3902.
Duties after injury or disaster, p.

3914.
Effect of insurance, p. 3915.
Estoppel to deny liability to deliver

in good order, p. 3915.
Fault of shipper or owner, p. 3901.
General rules, p. 3897.
Humidity and dampness of ship, p.

3900.
Inherent infirmities of property, p.

3901.
Jettison, p. 3899.
Liability as insurer, p. 3897.
Losses during loading of goods, p.

3903.
Loss or injury durmg discharge, p.

3912.
Loss or injury after discharge, p.

3913.
Navigation of vessel, p. 3911.
Negligence in discharging or in
caring for goods after discharge,
p. 3912.
Persons and vessels liable, p. 3915.
Public enemy, p. 3898.
Seizure under legal process, p. 3900.
Stowage of goods, pp. 3903, 3910.
Custom or usage, p. 3906.
Degree of care required, p. 3905.
Dunnage, p. 390(5.
General rules, p. 3903.
Perils of the sea. pp. 3905, 3906.
Stowage on deck. p. 3905.
Unseaworthiness or unfitness of
vessel:
Definition, p. 3907.
General rules, p. 3907.
Improper stowage or overload-
ing, p. 3910.
Incompetency or insufficiency

of crew, p. 3910.
Inspection, p. 2909.
Must be seaworthy for partic-
ular cargo, p. 3907.
]\Iust be seaworthy for particu-
lar voyage, p. 3907.
Navigation of vessel, p. 3911.
Proximate cause of injury, p.
3910.
Carriers of live stock:

See "Carriers of Live Stock."
Carriers of passengers, p. 769.
Carriers to whom rule applicable, p.
767:
Carriage of goods not transported

for public generally, p. 769.
Carriers by water, p. 768.
Carriers not owning means of trans-
portation, p. 769.
Carriers of money, p. 770.
Express companies, p. 767.
Ferrymen, p. 768.
Forwarders, p. 771.
Mail carrier, p. 769.



LOSS OR INJURY TO GOODS, cont'd.

Carriers to whom rule applicable, cont'd.

Persons occasionally carrying, p.

771.
Railroads, p. 767.
Receivers, p. 769.
Switching companies, p. 768.
Towage of vessels, p. 769.
Transfer companies, p. 768.
Trustees, p. 769.
Wagoners, p. 768.
Cars:

See infra, "Mode or ^Nleans of
Transportation."
Carrying goods on open cars, p.

787.
Duty as to perishable goods, p. 784.
Knowledge by shipper of defects in

car, p. 783.
Means of transportation belonging

to another, pp. 783, 785.
When shipper furnishes cars, p.
784.
Casus fortuitus. p. 736.
Charges:

Allowance where charges have

been paid, p. 853.
Deduction of unpaid charges, p. 853,
Illustrations, pp. 853, 854.
Payment or tender of charges as
condition precedent to action, p.
797.
Claims for damages:

Time within which claim shall be
made, p. 795.
Conflict of laws, p. 721.

Consignee:

See infra, "Fault of Shipper or
Owner."
Consignor:

See infra, "Fault of Shipper or
Owner."
Contracts:

Nature and validity of contract of
transportation, p. 722.
Contributory negligence:

See infra, "Fault of Shipper or
Owner."
Burden of proof, p. 826.
Damages, p. 847;

Actual damages, p. 847.
Allowance for charges, p. 853.
Attorneys' fees, p. 856.
Charges, p. 853.
Claims for damages, p. 795.
Common-law lialMlity. p. 847.
Deduction of unpaid charges, p. 853.
Duty of owner to mitigate or avert.

p. 860.
Elements of damages, p. 847.
Evidence as to value or damage, p.
860:
Admissibility, p. 861.
Amount of damage, p. 865.
Expert and opinion evidence,

pp. 863, 865.
Illustrations, pp. 861, 862, 863,

864.
In general, p. 860.



INDEX.



4251



LOSS OR INJURY TO GOODS, cont'd.
Damages, cont'd.

Evidence as to value or damage,

cont'd.

Market reports, p. 863.
Necessity of selling injured
goods to establish damage, p.
861.
Presumption, p. 860.
Recovery as affected by allega-
tion of damages, p. 866.
Value at destination, p. 864.
Value at point other than des-
tination, p. 862.
Value of goods, p. 864.
Weight and sufficiency, p. 864.
Exemplary damages, p. 860.
Expenses of owner, p. 856.
Extent of liability, pp. 795, 847.
Freight, p. 853.
Goods having no market value, p.

857.
Goods shipped under contract of

sale, p. 857.
Illustrations, pp. 847, 848.
Injury to goods, p. 850:

Determination of damages, p.

851.
General rule, p. 850.
Goods having no market value,

p. 858.
Right to abandon goods, p. 852.
Time for estimating damages,

p. 852.
When damaged goods sold, p.
853.
Interest as an element of damages,

p. 854.
Loss of goods, p. 848:
General rule, p. 848.
Goods having no market value,

p. 857.
Illustrations, pp. 849, 850.
Interest as an element of dam-
ages, p. 854.
Value at destination, p. 848.
Market value, pp. 848, 857.
Measure of damages, p. 847.
Portraits, p. 858.
Profits, p. 858.
Recovery as affected by allegation

of damages, p. 866.
Remote and speculative damages, p.

847.
Special damages, p. 859:
General rules, p. 859.
Pleading and proof, p. 860.
Speculative damages, p. 847.
Time within which claim for dam-
ages made, p. 795.
Where no loss is sustained, p. 847.
Declarations and admissions, p. 835:
Admissions in pleadings, p. 810.
Carrier's agent, p. 835.
Illustrations, p. 836.
Written communications, p. 836.
Declaration, petition or complaint, p.
802:
Aider by answer, p. 808.
Allegation as to consideration, \i.
804.



LOSS OR INJURY TO GOODS, cont'd.
Declaration, petition or complaint, cont'd.
Allegation as to contract of car-
riage, p. 805.
Allegation as to delivery to and ac-
ceptance by carrier, p. 804.
Allegation as to negligence of de-
fendant, p. 806.
Allegation that defendant a com-
mon carrier, p. 803.
Amendments, p. 808.
Construction of petition, p. 802.
Damage and value of goods, p. S07.
Description of property, p. 807.
In general, p. 802.
Necessity of allegations, p. 803.
Plaintiff's title or interest, p. 803.
Special statutory proceedings, p.

808.
Sufficiency of allegations, p. 803.
Whether action on case or in as-
sumpsit, p. 802.
Delivery by carrier:

Evidence sufficient to show deliv-
ery to consignee in damaged
condition, p. 842.
Delivery to carrier:

Evidence that carrier received goods,

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

See infra, "Care Required of Car-
rier; "Liability as Insurer."
Directing verdict, p. 867.
Dismissal, discontinuance and nonsuit,

p. 868.
Documentary evidence, pp. 829, 837.
Duties after injury, p. 788:

Duty of owner to mitigate or avert

damages, p. 860.
Duty to dry goods, p. 788.
Illustrations, pp. 788, 789.
Reasonable exertion to repair in-
jury, p. 788.
Where consignee refuses to receive
any part of the shipment, p. 789.
Earthquakes, pp. 736, 737.

Evidence:

Admissibility of evidence, p. 830:

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 lialiility, p. 831.

Proof of loss, p. 831.

Relevancy and materiality of
evidence, p. 830.

Title to iiro])erly shiiiped, ji.
831.

Value of goods and anmnnt of
damage, p. 832.

Weight of goods, p. .s.32.
Bill of lading, pp. 829, 837.



4252



INDEX.



LOSS OR INJURY TO GOODS, cont'd.
Evidence, cont'd.
Damages:

Evidence as to value or dam-
age:
See infra, "Damages."
Declaration and admissions:

See infra, "Declarations and
Admissions."
Documentary evidence, p. 837.
Evidence admissible under plead-
ings, p. 810:
In general, p. 810.
Particular instances, p. 811.
Under general issue or general
denial, p. 811.
Expert and opinion evidence, p. 837.
Matters to be proved, p. 812.
Memorandum, p. 838.
Necessity for proof of execution, p.

838.
Necessity of producing bill of lad-
ing, p. 829.
Parol evidence, p. 838.
The books of a shipper, p. 838.
Value:

See infra, "Damages."
Waybill, p. 837.

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 sustain

verdict for plaintifif, p. 839.
Evidence sut^cient 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.
Written admissions, p. 838.
Execution, p. 767.
Exemplary damages, p. 860.
Expert and opinion evidence, p. 837:

Value, pp. 863, 865.
Express companies, p. 767.
Extent of liability, p. 795.
Fault of shipper or owner, p. 752:

Duty of carrier to make inquiry and
of shipper to state value and na-
ture of goods, p. 762.
Duty of inspection, p. 759.
Duty of shipper to state value, p.

763.
General rule, p. 752.
Goods improperly loaded, p. 758.
Goods improperly marked, p. 756.
Goods improperly packed, p. 757.
Illustrations, p. 753.
Inspection, p. 759.



LOSS OR INJURY TO GOODS, cont'd.
Fault of shipper or owner, cont'd.

Instances when shipper or con-
signee not negligent, p. 754.
Loading, p. 758.
Marking, p. 756.

Misrepresentation or concealment
of nature or value of goods, p.
759.
Negligence and contributory negli-
gence, p. 755.
Packing, p. 757.
Recovery of only apparent value, p.

760.
Relieves carrier from liability, p.

752.
Where owner accompanies goods,
p. 752.
Fermentation, p. 766.
Ferrymen, p. 768.
Fires, p. 739.
Floods, pp. 736, 737.
Fraud and deceit:

Misrepresentation or concealment
of nature or value of goods, p.
759.
Goods shipped on chartered or private
cars, p. 774:
A special contract, p. 774.
Liability of carrier, p. 774.
Power of carrier to charter, p. 774
Private cars, p. 774.
Government:

Act or mandate of pul)lic authority,
p. 767.
Identity:

Identification of goods lost, p. 845.
Illegal contracts, p. 722.
Inherent infirmities of goods, p. 764:
Burden of proof, p. 826.
Carrier must be free from negli-
gence, p. 766.
Carrier must exercise due care, p.

766.
Explosion, p. 766.
Fermentation, p. 766.
Illustrations, pp. 765, 766.
Liability of carrier, p. 764.
Natural decay, p. 766.
Spontaneous combustion, p. 766.
Unavoidable leakage, p. 766.
Inspection:

Duty of shipper to inspect car, p.
783.
Instructions, p. 875:

General rules, p. 875.

Ignoring or excluding pertinent

questions, p. 879.
Illustrations, pp. 879, 880, 881.
Mode of conveyance, p. 781.
Must be applicable to pleadings and

evidence, p. 877.
Necessity for instructions, p. 879.
Insurance:

Effect of insurance, p. 789:
Consideration, p. 791.
Contract for benefit of insur-
ance, p. 790.
Effect, p. 791.

Effect as defeating insurer's
right of subrogation, p. 793.



INDEX.



4253



LOSS OR INJURY TO GOODS, confd.
Insurance, cont'd.

Effect of insurance, cont'd.

Effect of payment l)y insurer,

p. 791.
Effect of voluntary payment by

insurer, p. 794.
General rules, p. 789.
Inconsistent stipulations in con-
tract and policy, p. 793.
Insurable interest, p. 790.
Negligence of carrier, p. 791.
Notice to insurer of stipulation

in bill of lading, p. 794.
Operation, p. 791.
Pleadings in suits against car-
rier, p. 794.
Policy reciting release of car-
rier, p. 789.
Power of agent of shipper to

assent to stipulation, p. 791.
Public policy, p. 790.
Right of carrier to insure, p.

790.
Right of carrier to recover

from insurer, p. 792.
Right of shipper to recover

from carrier, p. 791.
Statute forbidding common
carriers to impose restric-
tion of liability, p. 790.
Suits against carrier, p. 794.
The "advancement" by the in-
surer to the insured, p. 792.
Validity of insurance by car-
rier, p. 790.
Insurer:

See infra, "Liability as Insurer."
Interest:

Interest as an element of damages,
p. 854.
Interstate commerce:

Contract violating interstate com-
merce act, p. 723.
Issues, p. 810.
Joinder of parties, p. 802.
Jurisdiction, p. 800.
Leakage, p. 76G.
Liability as insurer, p. 726:

Absence of negligence, p. 730.
Act of God:

See infra, "Act of God."
Act of public authority, p. 730.
Act of public enemy:

See "Public Enemy."
See infra, "Act of Public
Enemy."
Act or mandate of public authority,

pp. 730, 767.
Carmack amendment to the inter-
state commerce act, p. 731.
Carriers to whom rule applical)le:
See infra, "Carriers to Whom
Rule Applicaljle."
Commencement of liability, p. 772.
Exceptions, p. 731.
Excuses, p. 731.
Fault of shipper or owner:

See infra, "Fault of Shipper or
Owner."
General rule, p. 726.



LOSS OR INJURY TO GOODS, cont'd.
Lialjility as insurer, cont'd.

Inherent infirmities of goods, p.

764.
Origin and foundation of rule, p.

730.
Termination of liability, p. 772.
Lightning, pp. 736, 737, 738.
Live stock:

See "Carriers of Live Stock."
Loading:

Goods improperly loaded, p. 758.
Mail carrier, p. 769.
Market value, pp. 848, 850, 857:

Evidence as to value or damage, p.
860.
Master and servant:

Negligence of servants, p. 779.
Marking:

Goods improperly marked, p. 756.
Means of transportation, p. 782.
Mode or means of transportation, p.
781:
Burden of proof as to transporta-
tion, p. 827.
Carrier using cars of another, p. 785.
Carrying goods on open cars, p.
787.
■ Directions of owner, p. 781.
Duty as to perishable goods, p.

784.
Duty to carry in ventilated car, and

as to ventilation, p. 785.
Duty to provide suitable means of

transportation, p. 782.
General rule, p. 781.
Icing, p. 786.
Inspection of car, p. 783.
Instructions of consignor, p. 787.
Knowledge by shipper of defects in

car, p. 783.
Loss incident to particular mode of

transportation, p. 782.
Means for loading and unloading,

p. 788.
Means of transportation to another,

p. 783.
Means of transportation in general,

p. 782.
'Packing goods, p. 78i.
Perishable goods, p. 784.
Refrigerator cars, p. 786.
Selecting most dangerous mode of

conveyance, p. 781.
Stowing goods, p. 781.
Transportation by wagon, p. 784.
Negligence:

See infra, "Acts or Omissions
Rendering Carrier Liable in
General;" "Mode or Means of
Transportation."
Weight and sufficiency of evidence,
p. 843.
Packing, p. 781.
Parol evidence, p. 838.
Parties, pp. 797, 801.
Perils of the sea, p. 736.
Perishable goods:

Burden of proof, p. 824.
Carrier using cars of another, p.
785.



^254



INDEX.



LOSS OR INJURY TO GOODS, cont'd.
Perishable goods, cont'd.

Duty as to icing, p. 786.

Duty as to perishable goods, p. TS4.

Duty to carry in refrigerator cars,
p. 786.

Duty to carry in ventilated car, and
as to ventilation, p. 785.

Duty to furnish suitable cars for,
p. 784.
Pleading, p. 802.
Portraits:

Damages, p. 858.
Presumptions and burden of proof, p.
815:

Actionable negligence, p. 817.

Act of God, p. 825.

Bill of lading not conclusive as to
condition of freight, p. 828.

Breakage, p. 823.

Carrier must prove itself not re-
sponsible, p. 820.

Condition of goods when received
by carrier, p. 828.

Defendant's burden of proof, p. 820.

Delivery to carrier, p. 816.

Delivery to carrier in good condi-
tion, p. 817.

Freight not accounted for, p. 823.

Loss during common-carrier pos-
session, p. 819.

Market value, p. 860.

Means of transportation, p. 827.

Nondelivery by carrier, p. 816.

Payment or tender of charges, p.
819.

Plaintiff's burden of proof in gen-
eral, p. 815.

Presumption from failure to intro-
duce evidence, p. 827.

Prima facie case, p. 815.

Public enemy, p. 825.

Shipment composed of several
classes of goods, p. 829.

That defendant a common carrier,
p. 818.

The Carmack amendment to the in-
terstate commerce act, p. 824.

Value of lost freight, p. 818.

When loss or injury occurred, p.
819.

Where shipper travels in charge of
shipment, p. 819.

Where transportation under special
contract, p. 829.
Principal and agent:

Negligence of agents, p. 779.
Profits:

Profits as an element of damages.
p. 858.
Proximate cause:

Negligence of carrier must be prox-
imate cause, p. 778.
Plea, p. 808.
Public enemy:

See "Public Enemy."

Burden of proof, p. 825.
Questions of law and fact, p. 866:

General rules, p. 866.

Particular questions of law or fact,
p. 868.



LOSS OR INJURY TO GOODS, cont'd.
Railroads, p. 707.
Receipt:

Effect of receipt on right of action,
p. 799.
Receivers, p. 769.
Sales:

Measure of damages where goods
shipped under contract of sale, p.
857.
Spontaneous combustion, p. 706.
Stock:

See "Carriers of Live Stock."
Storms, pp. 736, 738.
Stowing, p. 781.
Switching companies, p. 768.
Tornado, pp. 730, 738.
Transfer companies, p. 768.
Trover and conversion, p. 796.
Trustees, p. 769.
Tugs, and towage, p. 769.
Unloading:

Means for unloading, p. 788.
L'sages and customs:

Evidence of custom, p. 833.
Value:

Stipulations against liability for loss
of valuables unless value dis-
closed, p. 956.
Variance, p. 813.
Ventilation, p. 7S5.
Venue, p. 800.
Verdict, p. 881.
Vis major, p. 736.
Waiver:

Waiver of right of action, pp. 798,
799.
Wagoners, p. 768.
Weather, p. 740:
Act of God:

See "Act of God."
Changes in temperature, p. 740:
Freezing weather, p. 740.
Hot weather, p. 741.
Weight and sufficiency of evi-
dence, p. 843.
What law governs, p. 721.

LOST INSTRUMENTS

Bills of lading:

See "Bills of Lading."

LOST TICKET, p. 1638.

Ejection of passengers, p. 2430.

LOTTERY TICKETS

Interstate and foreign commerce, p.
3428.

LUGGAGE

See "Baggage."

MAIL

Licensees, trespassers, intruders, eic:
Persons posting mail or receiving
mail, p. 2504.

MAIL AGENT

Carriers of passengers, p. 150.'>.



INDEX.



4255



MAIL CARRIER

Loss or injury to goods, p. 769.

MAIL CLERKS

Carriers of passengers, pp. 1474, 150?,

1523.
Contributory negligence, pp. 2212, 253t).
Head out of window or door, p.
2205.
Liability of carrier, p. 2078.
Licensees, trespassers, intruders, etc.:
Acts of postal employees in throw-
ing mail bags from train, p. 2527.
Limitation of liability, p. 2102:

Presumptions and burden of
proof, p. 1576.
Relation of carrier and passenger, p.
1575.

MAIL CONTRACTOR

Carriers of passengers, p. 1489.
Common carriers, p. 10.

MANDAMUS

Carriers of passengers, p. 1500.
Duty to receive and carry, p. 255:

Right of shipper, p. 256.

Right of state, p. 255.
Enforcement of regulation, p. 117.
Preferences and discriminations, p. 227.
Interstate and foreign commerce:

Jurisdiction and venue of federal
courts, p. 3816.
Preferences and discriminations, pp.
1190, 3649.

MANUFACTURERS

Interstate and foreign commerce:

As to transportation of goods man-
ufactured by carrier, p. 3443.
Carrier who is also manufacturer,
p. 3616.
Transportation of goods manufactured
by carrier:
See "Interstate and Foreign
Commerce."

MARGIN

Limitation of lial)ility:

Stipulation on margin, pp. 964. 1099.

MARINE INSURANCE

See "Insurance."

MARITIME LIENS

Sec "Carriers by Water."
Interstate and foreign commerce, p.
3546.

MARKET VALUE

Carriers of live stock, p. 14i')4.

Delay in transportation or delivery, p.

692.
Evidence, p. 962:

Carriers of live stock, p. 1358.
Loss or injury to goods, pp. 848, 850,
857 :
Evidence as to value or damage, p.
860.
Presumptions and l)ur(l(n of proof, p.
860.



MARKING

Delivery by carrier:

Contradiction between bill of lading
and marks on goods, p. 538.
Goods defectively marked, p. 500.
Loss or injury to goods:

Goods improperly marked, p. 756.

MASTER AND SERVANT

See "Principal and Agent."
Assault and battery:

See "Assault and Battery."
Baggage:

See "Baggage."
Bills of lading, pp. 304, 306.
Carriers of passengers:

False imprisonment and arrest:

See "False Imprisonment and
Arrest."
Liability for acts and omissions of
servants:
See "Carriers of Passengers."
Contributory negligence:

Contributory negligence of carrier's
employees, p. 2536.
Eight hour law:

See "Hours of Labor."
Ejection of passengers:

See "Ejection of Passengers."
Employers' liability act:

See "Employers' Liability Act."
False imprisonment and arrest:

See "False Imprisonment and Ar-
rest."
Hours of labor:

See "Hours of Labor."
Interstate and foreign commerce:

See "Interstate and Foreign Com-
merce."
Licensees, trespassers, intruders, etc.:
See "Licensees, Trespassers, In-
truders. Etc."
Loss or injury to. goods:

Negligence of servants, p. 779.
Alistake:

See "Alistake."
Negligence:

Negligence of servants, p. 779.
Palace cars and sleeping car companies:
Persons in charge of sleeping or
palace cars as servants of carrier,
p. 2074.
Questions of law and fact:

.A.busive and insulting language, p.

2S6S.
.Acts of carrier's employees, p. 2867.
.A.uthority of carrier's employee, pp.

2S47, 2851.
Number and efficiency of employ-
ees, p. 2868.
Operation of street car w thout con-
ductor, p. 2869.
Repelling assault ])y passenger, p.
2868.
Relation of carrier and passenger:

.See "Relation of Carrier and Pas-
senger."
v'^afety appliance act:

Sec "Safety Appliance Act."
Scope of employment:

See "Carriers of Passengers."



4256



INDEX.



MASTER AND SERVANT, confd.
Trespassers :

See "Licensees, Trespassers, In-
truders, etc."
Who are servants:

See "Carriers of Passengers."

MEDIUM OF PAYMENT, p. 1(504.

MERGER, p. 450.

Allegation and proof of want of con-
sideration, duress, etc., p. 452.
Bill of lading, p. 450:

Merger of oral negotiations and
prior verbal agreements, p. 334.
Bill of lading at variance with prior

agreement, p. 451.
Carriers of live stock, p. 1296.
Contract executed after carriage begun,

p. 451.
General rule, p. 450.
Limitation of liabilitj':

Merger of parol and subsequent

written contract, p. 1044.
Merger of prior parol negotiations,
p. 1016.
Merger a question for jury, p. 453.
Ratification or adoption by negotiation

of bill of lading, p. 453.
Written contract executed after breach
of parol contract, p. 453.

MESSENGER COMPANY

Common carriers, p. 9.

MILEAGE BOOK

See ''Tickets and Fares."

MINES AND MINING COMPANIES

Common carriers:

Mine owner constructing a railroad
switch, p. 6.
Discrimination in distribution of cars:
See "Interstate and Foreign Com-
merce."'

MISTAKE

Rills of lading, p. 3:i6.
Contracts, p. 426:
• As to rate, p. 426.

Misclassification of goods, p. 427.
Deliver}^ by carrier, p. 552:

Mistake in directions, p. 562.
Ejection of passengers:

Effect of mistake of employee is-
suing ticket, p. 2457:

Contributory negligence, p.
2460.

Duty of passenger to examine
ticket, p. 2459.

Illustrations, p. 2458.

^listake of conductor issuing
stopover ticket, p. 2460.

Retaining ticket with knowl-
edge of mistake, p. 2460.

Riglit to eject, p. 2457.

Ticket over connecting line, p.
2460.



MISTAKE, confd.

Ejection of passengers, cont'd.

Effect of mistake of employee issu-
ing ticket, cont'd.

Time limit of ticket expired, p.
2449.

Transfer insufficient upon its
face, p. 2459.
Effect of mistake of first conductor,
p. 2461:

Conclusiveness of ticket as I:)e-
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.
Ejection through mistake of holder
of valid ticket, p. 2464:

Intent of holder of ticket, p.
2465.

INIistake of conductor as to
right to transportation, p.
2464.
Limitation of liability, p. 956.
Penalties for violations of regulations,
p. 144.

MISDIRECTION

See "Direction."

MITIGATION OF DAMAGES

See "Damages."

MIXED TRAIN

See "Carriers of Passengers."

MOBS, p. 752.

Contracts, p. 440.

MONEY

Baggage, pp. 3120, 3125, 3150, 3155.
Business of transmitting money to for-
eign countries, p. 33.
Duty to receive and carry, p. 239.
Express companies:

Liability of express company, p.



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