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Thomas Johnson Michie.

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

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770.
Liability of carriers of money, p. 770.
Usages and customs:

Liability of carrier, p. 770.

MONOPOLY AND CORPORATE
TRUSTS

Contract giving certain persons a mo-
nopoly, p. 1184.

Interstate and foreign commerce, p.
3650.

MORTGAGES

See "Chattel Mortgages."

MUNICIPAL CORPORATIONS

Agreements as to charges:
See "Charges."



INDEX.



4257



MUNICIPAL CORPORATIONS, cont'd.

Charges:

Conditions in grant of franchise
and agreements with municipali-
ties:

See "Charges."
Delegation of power, p. 22:

Charges, p. 43.
Regulation and control, p. 22.
Street railroads:

Limitations upon power of a munic-
ipality to reduce street railroad
fares, p. 62.
Transfers:

See "Transfers."

NAME

Delivery by carrier:

Two persons with same name, p.
555.

NATIONAL CORPORATIONS, p. 36.

NATURAL GAS

Interstate and foreign commerce, p.

3428.

NAVIGABLE WATERS

Interstate and foreign commerce, pp.
3468, 3534.

NEGLIGENCE

See "Contributory Negligence;"
■'Loss or Injury to Goods."

Act of God:

See "Act of God."
Baggage:

See "Baggage."
Care required of carrier:

See "Degree of Care Required;"
"Loss or Injury to Goods."
Carrier as warehouseman:

See "Carrier as Warehouseman."
Carriers by water:

See "Carriers by Water."
Carriers of live stock:

See "Carriers of Live Stock."
Carriers of passengers:

See "Carriers of Passengers."
Connecting carriers:

See "Connecting Carriers."
Contributory negligence:

See "Contributory Negligence."
Criminal law:

Negligence causing death or in-
jury, p. 179.
Declaration, petition or complaint:

See infra, "Allegations as to Negli-
gence and Cause of Injury."
Degree of care:

See "Carriers of Passengers;"
"Degree of Care Reriuired;"
Loss or Injury to Goods."
Delay in transportation or delivery:
vSee "Delay in Transportation or
Delivery."
Diligence:

See "Delay in Transj^ortation or
Delivery."



NEGLIGENCE, confd.
Evidence:

Carriers of passengers, p. 2720:

Accommodation and duties in
transit, p. 2754.

Aiding in making arrests, p.
2786.

Assaulting passenger, p. 2 7 85.

Assaults, insults, etc., by serv-
ants, p. 2768.

Boarding moving car, p. 2814.

Carriage beyond destination, p.
2753.

Carrying passenger past sta-
tion, p. L831.

Character of parties, p. 2726.

Collision, p. 2809.

Companies or persons liable
for injuries, p. 2834.

Competency of employees or
care in selecting them, p.
2766.

Condition of vehicle and appli-
ances, p. 2739.

Condition of track or roadbed,
/ p. 2734.

Controlling conduct of other
passengers, p. 2786.

Defective instrumentalities or
premises, p. 2821.

Defective means and instrumen-
talities, p. 2801.

Degree of care, p. 2722.

Derailment, p. 2806.

Ejection of passengers, p. 2781.

Elevators, p. 2837.

Escorting passenger across
track, p. 2786.

Evidence of other accidents,
transactions, etc., p. 2725.

Evidence to rebut presumption
of negligence arising from
injury, p. 2838.

Eacts constituting transaction,
p. 2723.

Eailure to protect from third
persons, p. 27C7.

Habit or custom, p. 2725.

Inviting passenger on engine,
p. 2787.

Limitation of lialnlity, p. 2836.

Management of conveyance, p.
2756.

Materiality, p. 2720.

Matter to show notice to car-
rier, p. 2723.

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 means of transporta-
tion, p. 2790.



4258



INDEX.



NEGLIGENCE, cont'd.
Evidence,, cont'd.

Carriers of passengers, cont'd.

Negligence in taking up pas-
sengers, p. 2811.

Negligent acts of employees,
p. 2781.

Negligent backing car, p. 2818.

Negligent backing of car, pp.
2818, 2831.

Negligent coupling cars, p.
2819.

Negligently closing door, p.
2787.

Negligent management of con-
veyance, p. 2802.

Negligent pushing of passen-
ger from train, p. 2319.

Negligent pushing of 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.

Parts of transaction, p. 2723.

Passenger alighting from mov-
ing train, p. 2822.

Passenger injured after alight-
ing, p. 2832.

Passenger boarding car on
wrong side, p. 2816.

Passenger injured by brake
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 shows 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.
Exemption from negligence:

See "Limitation of Liability."
Instructions:

Definition or explanation of what
constitutes negligence, p. 2949.

Intruders:

See "Licensees, Trespassers, In-
truders, etc."
Licensees

See "Licensees, Trespassers, In-
truders, etc."
Limitation of liability for:

See "Limitation of Liability."



NEGLIGENCE, cont'd.
Loss or injury to goods:

See "Loss or Injury to Goods."
Master and servant:

Negligence of servants, p. 779.
Notice of loss and presentation of claim,

pp. 1097, 1100.
Palace cars and sleeping car companies:
See "Palace Cars and Sleeping Car
Companies."
Pleading, p. 2668.

Presumptions and burden of proof, p.
817:
Carriers of passengers, p. 2666:

Act or omission of servant, p.

2674.
Assaults, p. 2701.
Assumption of unnecessary

burden by plaintiff, p. 2677.
Breaking down or overturning

of coach, p. 2692.
Carriage beyond destination, p.

2689.
Carrier must control agency in-
juring passenger, p. 2667.
Collision, p. 269V).
Connection between negligence

and injury, p. 2668.
Contract assuming risk or re-
leasing liability, p. 2703.
Derailment, p. 2693.
Duties and accommodation in

transit, p. 2689.
Duty to protect passengers

from third persons, p. 2701.
Effect of attempted explana-
tion, p. 2677.
Essential elements of actionable

negligence, p. 2667.
General and specific negligence

alleged, p. 2677.
General rule, p 2668.
General rule as to shifting of

burden, p. 2673.
General rules, p. 2666.
Gross negligence, p 2702.
Injury from animals drawing

coach, p. 2693.
Injury resulting from passen-
ger's effort to escape, p. 2701.
Insults, p. 2701.
Jerks and jolts, p. 2690.
Management of vehicle, p. 2690.
Negligence presumed from un-
usual conditions, p. 2671.
No presumption from mere in-
jury, p. 2666.
Operation and effect of pre-
sumption, p. 2677.
Passengers on freight trains, p.

2702.
Passengers without reward, p.

2703.
Presumption arising from evi-
dence, p. 2668.
Presumption of negligence, p.

2668.
Putting off at wrong destina-
tion, p. 2677.



INDEX.



4259



NEGLIGENCE, coiifd.

Presumptions and burden of proof,
cont'd.
Carriers of passengers, cont'd.

Rebuttable presumption. p.

2677.
Receiving and discharging pas-
sengers, p. 2686.
Roadbed and track, p. 2681.
Rules applied in particular

cases, p. 2679.
Specific negligence, p. 2677.
Stations and stopping places, p.

2670.
Statute, p. 2676.
Vehicle, p. 2682.
Wantonness, p. 2702.
Wilfulness, p. 2702.
Principal and agent:

Negligence of agents, p. 779.
Proximate and remote cause:

See "Proximate and Remote Cause."
Questions of law and fact, pp. 1766,
2546.

Carriers of passengers, pp. 1713,
2846, 2856.

Determination of existence of

negligence, p. 2857.
Exemplary damage — Question

of gross negligence, p. 2861.
Illustrations, p. 2860.
Question of gross negligence
or willfulness or wantonness,
p. 2861.
Question of negligence held for

jury, p. 2859.
\\'hat constitutes negligence, p.

2856.
Where evidence conflicting, p.

2858.
Where evidence insufficient to

sustain verdict, p. 2858.
Whether presumption of negli-
gence rebutted, p. 2861.
Negligence of carrier, p. 869.
Negligence or wrong of shipper, p.

871.
Palace cars and sleeping car com-
panies, p. 3238.
Vehicles, p. 1823.
Release:

Release of damages accrued before
execution of written contract, p.
960.
Release of damages from prior neg-
ligence, p. 955.
Stations and stopping places:

Presumptions and burden of proof,
p. 2679.
Trespassers:

See "Licensees, Trespassers, In-
truders, etc."
Variance, p. 2()53.

NEGOTIABLE INSTRUMENTS

See "P>ilis of Lading."
4 Car— 73



NET EARNINGS

Consideration of net earnings in deter-
mining reasonableness of rates pre-
scribed, p. 52.

NEWS AGENTS

Limitation of liability, p. 2102.

NEWSBOYS

Relation of carrier and passenger:
Newsboys on street cars, p. 1587.
Newsboy on train, p. 1589.

NEW TRIAL

Carriers of live stock:

Excessive damages, p. 1328.
Carriers of passengers:

Excessive damages, pp. 3058, 3073.

Excessive damages for ejection, o.
3097.
Dead bodies, p. 1257.
Ejection of passengers:

Excessive damages, p. 3097.
Palace cars and sleeping car companies:

Excessive damages, p. 3243.

NOMINAL DAMAGES

See "Damages."

NONSUIT

See "Dismissal, Discontinuance and
Nonsuit."

NONUSER

Control and regulation, p. 65.

NOTICE

See "Posting."
Arrival of freight:

See "Carriers of Goods." .
Attachment, pp. 577, 578.
Bills of lading:

Notice of contents, p. 327.
Carrier as warehouseman:
Notice of arrival:

See "Carrier as W^arehouse-
man."
Carriers of passengers:

Notice of intention to become pas-
senger, p. 1504.
Claim:

See "Notice of Loss and Presenta-
tion of Claim."
Consignee :

Delivery by carrier, p. 528:

Illustrations, pp. 528, 529.
Sufficienc}^ of notice, p. 528.
Consignor:

C. O. D. goods, p. 572.
Notice to consignor where con-
signee refuses to receive goods,
p. 567.
Damages:

Delaying notic^ of refusal of goods,

p. 599.
Notice of special circumstances, p.
642.



4260



INDEX.



NOTICE, cont'd.

Delay in transportation or delivery:

Notice to shipper of congestion oi
traffic, p. 624.
Delivery to carrier:

See' "Delivery to Carrier."
Demand for cars, p. 217.
Demurrage:

Notice of rules and regulations, p.
706.
Evidence:

Evidence to prove notice of special
circvmistances, p. 651.
Goods seized under legal process, pp.

577, 578.
Insurance:

Notice to insurer of stipulation in
bill of lading, p. 794.
Lien for charges:

Notice of sale, p. 1169.
Limitation of liability:

See "Limitation of Liability."
Loss:

See "Notice of Loss and Presenta-
tion of Claim."
Necessity for notice of arrival of goods,

pp. 886. 898.
Notice of deposit and acceptance:

See "Delivery to Carrier."
Notice of loss and presentation of claim:
See "Notice of Loss and Presenta-
tion of Claim."
Notice to Carrier of character of goods,

p. 1070.
Presentation of claim:

See "Notice of Loss and Presenta-
tion of Claim."
Presumptions and burden of proof, p.

588.
Principal and agent:

Notice to agent of special circum-
stances demanding diligence in
delivery, p. 648.
Questions of law and fact:

Notice to consignee, p. 872.
Rules and regulations of carriers:

See "Rules and Regulations of Car-
riers."
Station agent:-

Notice to agent of special circum-
stances demanding diliirence in
delivery, p. 648.
Usages and customs:

Notice of arrival of goods, p. 902.
Warehouseman:

Notice of arrival:

See "Carrier as Warehouse-
man."

NOTICE OF ARRIVAL

Limitation of liability, p. 959.

NOTICE OF LOSS AND PRESENTA-
TION OF CLAIM, p. 1083.

Action:

Carriers of live stock, p. 1430.
Answer, p. 1117.
Appeal and error:

Carriers of live stock, p. 1433.
Assent of shipper, p. 1099.



NOTICE OF LOSS AND PRESENTA-
TION OF CLAIM, coiifd.

Carriers of live stock, p. 1488:
Agent notified, p. 1424.
Appeal and error, p. 1433.
Burden of proof, p. 1432.
Carrier having notice and opportu-
nity to investigate, p. 1425.
Certainty, p. 1417.
Claims covered by notice, p. 1424.
Conflict of laws, p. 1409.
Consideration, p. 1417.
Constitutional provisions, p. 1408.
Construction, p. 1417.
Custom, p. 1409.
Declaration, petition or complaint,

p. 1430.
Definiteness, p. 1417.
Effect of failure to give notice, p.

1425.
Enforcement, p. 1430.
Evidence, pp. 1432. 1433.
Facts relieving from necessity for

notice, p. 1425.
Failure to give notice, p. 1425.
Form, p. 1417.
Form of action, p. 1430.
Limiting liability to that of for-
warder, p. 1434.
Losses of which notice must be
given, p. 1418:
Claims accruing prior to con-
tract, p. 1423.
Death of animals in transit or

before removal, p. 1420.
Delay in furnishing cars, p.

1419.
In general, p. 1418.
Injuries accruing after unload-
ing, p. 1421.
Injuries not discoverable within

stipulated time, p. 1421.
Loss by delay, p. 1419.
Loss of or depreciation in

market, p. 1419.
Nondelivery, p. 1420.
Resulting from negligence gen-
erally, p. 1418.
Right to give additional notice,

p. 1422.
Shrinkage from shunting or

bumping cars, p. 1421.
Statutory penalty for failure to

feed and water, p. 1420.
Stock removed before arrival
at destination, p. 1421.
Name of agent to be notified, p.

1417.
"Place of destination," p. 1417.
Pleading, p. 1430.
Plea or answer, p. 1431.
Power, p. 1408.
Public policy, p. 1408.
Question for jury, p. 1433.
"Removal from place of destina-
tion," p. 1417.
Replication or reply, p. 1431.
Requisites, p. 1417.
Statutory provisions, p. 1408.
Sufficiency of notice, p. 1423.



INDEX.



4261



NOTICE OF LOSS AND PRESENTA-
TION OF CLAIM, cont'd.
Carriers of live stock, cont'd.
Texas statute, p. 1409.
Time of presentation, p. 1424.
Usage, p. 1409.
Validity, p. 1408.
Waiver, p. 1427:

Authority of agent, p. 1427.
Delay in tiling notice, p. 1429.
Power to waive, p. 1427.
Provision against authority of

agent to waive, p. 1427.
Questions for jury, p. 147.5.
Waiving written by acting on

verbal notice, p. 1428.
W'ant of verification, p. 1429.
What constitutes, p. 1428.
What constitutes a removal, p. 1418.
Certainty and definiteness, p. 1099:
Carriers of live stock, p. 1417.
Complaint by letter, p. 1105.
Conflict of laws, p. 1085.
Consideration, p. 1099:

Carriers of live stock, p. 1417.
Construction, p. 1099:
In general, p. 1099.
"Removal," p. 1100.
Copy of telegraph message to con-
signor, p. 1105.
Declaration, petition or complaint:
Carriers of live stock, p. 1430.
Effect, p. 1100.

Effect of failure to give notice, p. 1106:
Failure without fault or negligence

of shipper, p. 1107.
General rule, p. 1106.
Where extent of damages can not
be ascertained until after expira-
tion of time limit, p. 1107.
Enforcement, p. 1100.
Evidence, p. 1117:

Admissibility of evidence as to rea-
sonableness, p. 1090.
Carriers of live stock, pp. 1415, 1416,

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

agent, p. 1117.
Sufificiency of evidence, p. 1117.
Weight and sufficiency of evidence
as to reasonableness, p. 1096.
Facts excusing failure to give notice, p.
1109:
Carrier having examined goods at

destination, p. 1109.
Carrier having knowledge of loss or
injury and opportunity to inves-
tigate, p. 1109.
Destruction of shipment while in

carrier's possession, p. 1109.
Failure to give notice by conduct of

carrier or its agent, p. 1110.
Opportunity to investigate, p. 1109.
Refusal of consignee to receive

goods, p. 1109.
Shipment burned in yards with car-
rier's knowledge, p. 1109.
Federal statutes, p. 1084.



NOTICE OF LOSS AND PRESENTA-
TION OF CLAIM, cont'd.
Filing suit and service of citation, p.

1105.
Foreign laws, p. 1085.
Form and requisites:

Carriers of live stock:

See infra, "Carriage of Live
Stock."
Form of stipulation, p. 1098.
Illegal contract, p. 1084.
Inquiry requesting property to be

traced, p. 1105.
Instructions, p. 1118.

Instruments in which stipulation con-
tained, p. 1098.
Interpretation and construction:

Carriers of live stock, p. 1417.
Interstate shipments, p. 1084.
Laws governing, p. 1085.
Limitation of right to sue, p. 1100.
Limiting liability, p. 1100.
Limiting liability for negligence, p.
1100.

Losses of which notice must be given.
Carriers of live stock:

See infra, "Carriers of Live

Stock."

Losses to which applicable, p. 1101:

Carrier's conduct as warehouse-
man, p. 1103.
Claims accruing before execution

of contract, p. 1101.
Delay in furnishing cars, p. 1101.
Failure to collect for C. O. D. par-
cel or return same, p. 1103.
Failure to return freight refused by

consignee, p. 1103.
Loss by misdelivery, p. 1102.
Loss of market or decline in value,

p. 1102.
Nondelivery, p. 1102.
Special damages from delay, p.
1101.
Margin stipulation, p. 1099.
Necessity for actual notice, p. 1104.
Negligence, pp. 1097, 1100:

Losses arising from carrier's negli-
gence, p. 1097.
Notice received after expiration of time
limit, p. 1114:
Attempt ,to trace or find shipment,

p. 1114.
General rule, p. 1114.
Refusal to pay on other grounds
than failure to notify in time, p.
1114.
Request for information and prom-
ise to adjust claim, p. 1114.
Returning notice to claimant —
Claim returned to liave freight
bill attached, p. 1114.
Officer to whom given, p. 1105.
Operation, p. 1100.
Plea, p. 1117.
Pleading:

Carriers of live stock, p. 1130.
Pleading of breach, p. 1 1 Ki.
Reasonableness, p. 1095.



4262



INDEX.



NOTICE OF LOSS AND PRESENTA-
TION OF CLAIM, cont'd.
Plea or answer:

Carriers of live stock, p. 1431.
Power to stipulate, p. 1083.
Presumptions and burden of proof:
Breach of stipulation, p. 1116.
Carriers of live stock, pp. 1414, 1432.
Public policy, p. 1084.
Purpose, p. 1084.
Questions of law and fact:

Carriers of live stock, pp. 1416, 1433.
Reasonableness of time allowed, p.
1096.
Reasonableness, p. 1410:

Admissibility of evidence, p. 1415.

Evidence, p. 1415.

Five days from removal from cars,

p. 1413.
Necessity, p. 1410.
Notice before unloading, p. 1413.
Particular stipulations considered,

p. 1412.
Pleading, p. 1414.
Presumptions and burden of proof,

p. 1414.
Questions of law and fact, p. 14jvi.
Respecting officer or agent to be

notified, p. 1410.
Weight of evidence, p. 1416.
What constitutes, p. 1410.
Within one day after delivery at
destination, p. 1413.
Reasonableness of stipulations, p. 1086:
Admissibility of evidence, p. 1096.
Amount of damages, etc., on re-
shipment, p. 1093.
Burden of proof, p. 1095.
Carriers of live stock:

See infra, "Carriers of Live
Stock."
Duty to present claim within rea-
sonable time although stipula-
tion unreasonable, p. 1108.
Foreign laws, p. 1086.
General rule, p. 1086.
Giving name of officer or agent, p.

1094.
Interstate and foreign shipments,

p. 1086.
Necessity for agent at or near

place of delivery, p. 1093.
Notice before removal from desti-
nation, p. 1093.
Notice to delivering carrier, p. 1093.
Officer or agent to be notified, pp.

1093, 1095.
Pleading, p. 1095.
Presumptions and burden of proof.

p. 1095.
Proof, p. 1095.
Questions for jury, p. 1096.
Reasonableness of time allowed, p.
1087:
As to undelivered packages not
returned till after expiration
of time for notice, p. 1089.
Consignor not notified of non-
delivery till after expiration
of time or notice, p. 1089.



NOTICE OF LOSS AND PRESENTA-
TION OF CLAIM, cont'd.
Reasonableness of stipulations, cont'd.
Reasonableness of time allowed,
cont'd.

Five days, p. 1090.
Illustrations, pp. 1088-1092.
Interruption of transportation

due to war, p. 1088.
Necessity, p. 1087.
Power of state court to deter-
mine, p. 1092.
Thirty days, p. 1090.
Thirty-six hours, p. 1090.
Under Texas statute, p. 1092.
What constitutes, p. 1088.
Respecting officer or agent to be

notified, pp. 1093, 1095.
Statement of full amount of claim,

p. 1093.
Statement of nature and place of in-
jury, p. 1093.
Weight and sufficiency of evidence,
p. 1096.
Reasonable time, pp. 1107, 1108.
Replication or reply:

Carrier of live stock, p. 1431.
Requirement of notice of loss and pre-
sentation of claim, p. 1083.
Requisites of stipulation, p. 1098.
Right to require carrier to trace ship-
ment, p. 1103.
Signature of consignor or consignee, p.

1099.
State statutes, p. 1084.
Statutes, p. 1084.

Stipulation against liability unless
claim made within prescribed time, p.
1083.
Strict enforcement, p. 1100.
Sufficiency of notice, p. 1104.
Time:

See infra, "Notice Received
after E-xpiration of Time
Limit."
Computing time within which no-
tice must be given, p. 1107.
Reasonable time for delivery, pp.
1107. 1108.
Validity of stipulation for, p. 1083.
Verification or affidavit, p. 1105.
Waiver:

Carriers of live stock:

See infra, "Carriers of Live

Stock."

Waiver of notice or defects therein, p.

1110:

Acceptance of verbal claim, p. 1112.

Conduct inconsistent with intent to

enforce stipulation, p. 1110.
Custom to accept verbal notice, p.

1113.
Denial of liability on other grounds

than defect of notice, p. 1113.
Effect of waiver, p. 1110.
Mere denial of liability, p. 1113.
Notice received after expiration of
time limit, p. 1114:
Attempt to trace or find ship-
ment, p. 1114.



INDEX.



4263



NOTICE OF LOSS AND PRESENTA-
TION OF CLAIM, cont'd.
Waiver of notice or defects tlierein,
cont'd.
Notice received after expiration of
time limit, cont'd.
General rule, p. 1114.
Refusal to pay on other grounds
than failure to notify in
time, p. 1114.
Request for information and
promise to adjust claim, p.
1114.
Returning notice to claimant
for correction — Claim returned
to have freight bill attached,
p. 1114.
Notice received in time without ob-
jection to sufficiency, p. 1111.
Request for further information, p.

1113.
Right to vi'aive, p. 1110.
Treating unverified claim as pend-
ing for adjustment, p. 1113.
Waiver:

Proof of waiver, p. 1115.
What constitutes a waiver, p. 1110.
Writing, p. 1104.

OBSTRUCTIONS

See "Street Railways."

OBSTRUCTIONS ON TRACK

See "Carriers of Passengers."

OFFICERS AND AGENTS

See "Master and Servant;" "Princi-
pal and Agent."
Interstate and foreign commerce:

Criminal liability of officers and
agents, p. 3852.

OLEOMARGARINE

Interstate and foreign commerce, p.
3427.

OMNIBUS

Common carriers, p. S.

ORDINARY CARE

See "Contributory Negligence;"
"Degree of Care Required."
Carrier as warehouseman, p. 910.

OVERCHARGE

See "Charges."

OWNERSHIP

See "Title, Custody and Control of
Goods."

PACKING

Loss or injury to goods, p. 781.
Presumptions and burden of proof:

Presumption that goods properly
packed, p. 757.

PACKING HOUSES

Interstate and foreign commerce, pp.

3409, 3528.
Taxation, p. 3590.



PALACE CARS AND SLEEPING CAR
COMPANIES, p. 3200.

Actions, p. 3228.

Assault and battery, p. 3209:

Liability of carrier, p. 2074.
Awakening passenger, p. 3211.
Baggage: .

See infra: "Duties and Liabili-
ties as to Property of Pas-
sengers."
Bringing improper articles into car,
p. 3213.
Bell calls, p. 3208.
Common carriers, p. 3201.
Contracts for accommodations, p. 3205:
Authority of agent, p. 3205.
Breach of contract to reserve berth,

p. 3206.
Condition precedent to rescission

of contract, p. 3207.
Contract for use of berth in day-
time, p. 3206.
Failure of railroad company to

haul sleeper, p. 3206.
General rule, p. 3205.
Implied agreement of passenger, p.

3207.
Operation and effect in general, p.

3205.
Right of husband and wife to oc-
cupy same berth, p. 3207.
Voluntary abandonment of con-
tract rights, p. 3207.
Contributory negligence, pp. 3211, 3223:
Depositing property in improper

place, p. 3224.
Leaving property in berth un-
guarded, p. 3224.
Necessity for pleading contribu-
tory negligence, p. 3229.
Property lost through contributory

negligence, p. 3223.
Putting property in unoccupied

berth, p. 3224.
Questions of law and fact, p. 3238.
What constitutes contributory neg-
ligence with regard to property,
p. 3224.
Damages, p. 3240:

Breach of contract, p. 3240.
Compensatory damages, p. 3240.
Damages in contemplation of par-
ties,' p. 3243.
Ejection of passenger, p. 3241.
Excessive damages, p. 3243.
Mental suffering, p. 3241.
Nominal damages, p. 3240.
Physical suffering, p. 3242.
Punitive damages, p. 3240.
Remote damages, p. 3242.
Declaration, petition or complaint, p.

3229.
Declarations and admissions, p. 3232.
Degree of care, p. 3208.
Duties and liabilities as to person of

passenger, p. 3207.
Duties and lial)ilities as to property of



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