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Thomas Johnson Michie.

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

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passengers, p. 3214:
.Amount of money, p. 3221.
Careful and continuous watch, p.
:!2 1 s.



4264



INDEX.



PALACE CARS AND SLEEPING CAR
COMPANIES, cont'd.
Duties and lial)ilities as to property of
passengers, cont'd.
Contributory negligence:

See infra, "Contributory Neg-
ligence."
Degree of care required, p. 3215.
Duty of ticket agent to remove

thief, p. 3219.
Duty to anticipate presence of

thief, p. 3219.
Duty to protect property of pas-
sengers, p. 3215.
Failure to close windows, p. 3216.
Holding that carrier liable as inn-
keeper, p. 3215.
Liability that of bailees for hire, p.

3214.
Liable for negligence only, p. 3216.
Nature and amount of property as

affecting liability, p. 3221.
Nature of liability, p. 3214.
Passenger sleeping in smoker, p.

3219.
Property left in car, p. 3220.
Thefts by employees, p. 3220.
Thefts by fellow passengers, p.

3220.
While passengers are asleep, p.

3217.
While passengers are in toilet
room, p. 3219.
Duty as to discharging passengers, p.

3210.
Duty to receive passengers, p. 3203:
Discrimination, p. 3203.
General rule, p. 3203.
Reasonable regulation, p. 3203.
Regulations as to tickets, p. 3204.
Right to demand compensation, p.
3204.
Ejection of passengers:

See "Ejection of Passengers."
Empty berths, p. 3203.
Evidence, p. 3231:

Admissibility, p. 3231.
Declarations and admissions, p.

3232.
In actions for loss of property, p.

3232.
In actions for wrongful ejection, p.

3231.
Weight and sufficiency, p. 3233.
Excessive damages, p. 3243.
Exemplary damages, p. 3240.
Extra fare, p. 1595.
Husband and wife, p. 3207.
Inns and innkeepers, pp. 3202, 3215.
Instructions, 3235.
Insults, p. 3210.
Interstate and foreign commerce, pp.

3526, 3614.
Issues, proof and variance, p. 3230.
Joint liability of sleeping car and rail-
way companies, p. 3228.
Larceny:

See infra, "Duties and Liabilities as
to Property of Passengers."



PALACE CARS AND SLEEPING CAR
COMPANIES, cont'd.
Liability for injuries due to defects in

sleeping cars, p. 1837.
Liability in general, p. 3201.
Limitation of liability, pp. 2102, 3223:
Employees of pullman car compa-
nies, p. 2102.
Liabilitj^ of railway company, p. 3225:
Generally, p. 3225.
Illustrations, pp. 3227-3228.
Joint liability of sleeping car and

railways, p. 3228.
Negligence of employees of sleep-
ing car company, p. 3226.
Master and servant:

Persons in charge of sleeping or
palace cars as servants of car-
rer, p. 2074.
Nature of liability in general, p. 3201.
Negligence, pp. 3208, 3216.

Questions of law and fact, p. 3238.
Weight and sufficiency of evidence,
p. 3233.
New trial:

Excessive damages, p. 3243.
Notice of arrival, p. 3210.
Palace or sleeping cars forming part of

train, p. 1837.
Parties, p. 3228.
Pleading, p. 3229.
Presumptions and burden of proof, p.

3230.
Property:

See infra, "Duties and Liabilities as
to Property of Passengers."
Questions of law and fact, p. 3237:
In general, p. 3237.
Negligence and contributory negli-
gence, p. 3238.
Reasonableness of regulations, p.

3239.
Whether an article was baggage, p.
3239.
Railroad's liability, p. 3225:
Generally, p. 3225.
Illustrations, pp. 3227. 3228.
Joint liability of sleeping car and

railways, 3228.
Negligence of employees of sleep-
ing car company, p. 3226.
Relation of carrier and passenger, p.
1579:
Employees on private cars, p. 1579.
Passengers in sleeping cars are
passengers of railroad company,
p. 1579.
Sleeping car employees, p. 1579.
Sick passenger, p. 3211.
Sleeping passenger, pp. 3211, 3217.
Statutory regulations as to empty

berths, p. 3203.
Taxation:

Tax on sleeping cars, p. 3579:
Constitutionality, p. 3579.
Illustrations, p. 3580.
Unit rule, p. 3591.

Theft:

See infra, "Duties and Liabilities as
to Property of Passengers."



inde;x.



4265



PALACE CARS AND SLEEPING CAR
COMPANIES, cont'd.

Tickets and fares:
Ejection:

Failure to pay fare, p. 3212.
Failure to procure railroad

ticket, p. 3213.
Loss of ticket, p. 3213.
Regulations as to tickets, p. 3204.
Requiring first-class ticket, p. 3204.
Who are carriers, p. 3201.

PAROL EVIDENCE

Actions against carrier for breach of

contract, p. 464.
Bills of lading, p. 332:

Between consignor and consignee,

p. 334.
Bill as contract, p. 332.
Destination or place of delivery, p.

340.
Goods not delivered to carrier, p.

338.
Instances of inadmissibility of evi-
dence of prior verbal contract, p.
335.
Merger of oral negotiations and

prior verbal agreements, p. 334.
Obligations implied from nature of

contract, p. 333.
Parol evidence to alter or contra-
dict receipt clauses of bill, p. 336.
Parol evidence to vary or contra-
dict bill, p. 332.
Proof that bill contract of parties,

p. 333.
Recital as to quality or condition of

goods, p. 339.
Recital as to ownership of goods,

p. 340.
Recital of fact of receipt and quan-
tity of goods, p. 337.
Recitals as to rate and receipt of

freight, p. 340.
Terminus of road, p. 340.
To explain ambiguities and techni-
cal terms, p. 336.
Carriers by water, p. 3925.
Contracts, p. 428.

Contracts of affreightment, p. 3871.
Delivery by carrier:

Actions for nondelivery or misde-
livery, p. 591.
Limitation of liability, pp. 1016, 1017,
1018:
Connecting carriers, p. 3366.
Loss or injury to goods, p. 838.
Shipping receipts, p. 412.
Tickets and fares:

Parol evidence to vary ticket, p.
1613.
Words and phrases, p. 1017.

PARTIES

Actions against carrier for breach of

contract, p. 456.
Actions by and against carriers, p. 483.
Bills of lading, p. 404.
Carriers of live stock:

See "Carriers of Live Stock."



PARTIES, cont'd.

Carriers of passengers, p. 2568.
Connecting carriers, p. 3388:

Against whom action may be

brought— Joinder, p. 3388.
By whom or in whose name action

may be brought, p. 3388.
Necessary parties, p. 3388.
Delay in transportation or delivery, p.

681.
Delivery by carrier:

Action for failure to deliver, p. 582.
Injunction, p. 133.
Interstate and foreign commerce:

Criminal proceedings against car-
rier, p. 3847.
Proceedings before commission, p.

3774.
Proceedings in federal courts, p.

3826.
Proceedings to enforce judgment or
order of commission, p. 3790.
Loss or injury to goods, pp. 797, 801.
Overcharge, p. 1199.
Palace cars and sleeping car companies,

p. 3228.
Proceedings to enforce regulations, p.
121:
By whom suit may be brought, p.

121.
Who are proper parties, p. 122.
Right to maintain action against carrier,
p. 484.

PARTNERSHIP

Traffic arrangements, pp. 3248, 3310,

3314.
Limitation of liability;

Connecting carriers which are part-
ners, p. 3344.

PART PAYMENT

Stoppage in transitu, p. 1210.

PASSENGERS

See "Carriers of Passengers."

Baggage transfer:

" See "Transfer Companies."
Definition, p. 1502.
Relation of carrier and passenger:

See "Relation of Carrier and Pas-
senger."
Stations:

Sec "Stations."
Transfer companies':

See "Transfer Companies."

PASSENGERS' EFFECTS

See "Baggage;" "Palace and Sleep-
ing Car Companies."

PASSES, p. 1641:

Acceptance and use of pass as criminal

ofifense, p. 184.
Assent to conditions, p. 1642.
Baggage:

Limitation of liability, p. 3163.



4266



INDEX.



PASSES, cont'd.

Carriers of passengers:

Damages for breach of contract to
issue annual passes, p. 3041.
Construction of contracts to furnish

passes, p. 1642.
Damages for breach of contract to issue

annual passes, p. 3041.
Degree of care required, p. 1759.

Care varying with conditions and

circumstances, p. 1762.
General rule, p. 1759.
Intoxication of passenger as affect-
ing degree of care required, p.
1763.
Kansas, p. 1761.
Liability as affected by age, sex and

physical disabilitJ^ p. 1762.
Montana, p. 1761.
Position occupied, p. 17o3.
Drover's pass:

See infra, "Limitation of Lia-
bility."
Relation of carrier and passenger,
p. 1567.
Illustrations, p. 1642.
Interstate and foreign commerce, p.

3694.
Limitation of liability, p. 2094:

Degrees of negligence, p. 2095.
Drover's pass, p. 2097:

Carrier can not limit liability

in drover's pass, p. 2098.
Consideration, p. 2099.
Degrees of negligence, p. 2099.
Drover as passenger for hire, p.

2097.
Power to limit liability in

drover's pass, p. 2097.
Reasonable regulations bind-
ing, p. 2099.
Return pass, p. 2099.
Stipulation that drover is em-
ployee of carrier, p. 2099.
Limitation of liability in pass given

as mere gratuity, p. 2094.
Pass issued in violation of law, p.

2096.
Reduced rates or passes based upon

some consideration, p. 2097.
Shipper's pass as a consideration,

p. 977.
Statutory provisions, p. 2096.
Using nontransferable pass of an-
other, p. 2097.
Relation of carrier and passenger:

See "Relation of Carrier and Pas-
senger."
Revocation, p. 1643.
Whether pass gratuitous, p. 1641.

PAYMENT

Charges:

See "Charges."
Interstate and foreign commerce:

See "Interstate and Foreign Com-
merce."
Medium of payment, pp. 1004, 2428.



PAYMENT, cont'd.
Overcharge, p. 1195.

Penalty for failure to pay or adjust
claims:
See "Penalties for Violations of
Regulations."
Protest, p. 1195.
Stoppage in transitu:

See "Stoppage in Transitu."
Voluntary payment of overcharge, p.
1195.

PAYMENT OF FARE

See "Tickets and Fares."

PENALTIES

Carriers by water, p. 4012.
Carriers of live stock:

Unloading, feeding and watering
stock:
See "Carriers of Live Stock."
Contracts for cars or other means of
transportation:
Efifect of statute allowing recovery
penalty for damages, p. 448.
Damages:

Damages in addition to statutory '
penalt}% p. 652.
Statutory redress as abrogating com-
mon-law remed^^ p. 1197.

PENALTIES FOR VIOLATIONS OF
REGULATIONS, p. 138.

See "Criminal Law."
Answer, p. 170:

In actions for penalty for delay in

transportation of freight, p. 171.
In actions for penalty for failure to

furnish cars, p. 171.
In actions for penalty for over-
charge, p. 170.
In actions for penalty for unlawful

discrimination in rates, p. 171.
Bill of lading:

Refusal to give shipper a proper

liill of lading, p. 151.
Declaration, petition, or complaint:
Answer — Sufficiency, p. 170.
General rules, p. 166.
Illustrations, pp. 166-168.
In actions for penalt)^ for delay in

transportation of freight, p. 170.
In actions for penalty for failure to

furnish doul)le-decked cars for

sheep, p. 170.
In actions for penalty for refusal to

receive or transport freight, p.

169.
In actions for penalty for unjust

discrimination between shippers,

p. 169.
Necessary allegations, p. 168.
Overcharge in freight rates, p. 168.
Overcharge in passenger rates, p.

168.
Surplusage, p. 170.
Unnecessary allegations may be re-
jected as surplusage, p. 170.



INDEX.



4267



PENALTIES FOR VIOLATIONS OF
REGULATIONS, cont'd.
Delay in shipment or transportation of
freight, p. 151:

Constitutionality of statute impos-
ing penalty, p. 155.

Declaration, petition, or complaint,
p. 170.

Defenses, p. 154.

Estoppel to set up defense, p. 155.

In what cases penalty is imposed, p.
153.

Notice to shippers of conditions
causing delay, p. 154.

Power to impose penalty, p. 151.

Sunday laws, p. 154.

Time within which freight must be
transported, p. 153.

When transportation terminates, p.
154.
. Who may recover penalty, p. 152.
Evidence, p. 173:

Admissibility, p. 173.

In actions for penalty for delay in
transportation of freight, p. 173.

In actions for penalty for discrim-
ination in rates, p. 173.

In actions for penalty for failure to
furnish cars, p. 173.

In actions for penalty for over-
charge, p. 173.

Weight and sufficiency, p. 174.
Failure of consignee to unload cars

within a prescribed time, p. 157.
Failure or refusal to receive or trans-
port freight, p. 118:

Declaration, petition, or complaint,
p. 169.

Defenses, p. 150.

Number of penalties recoverable, p.
149.

Statute imposing penalty does not
limit carrier's common-law lia-
bility, p. 148.

Tender and refusal, p. 149.

When penalty will be imposed, p.
149.

Who may recover penalty, p. 148.
Failure to furnish, or delay in furnish-
ing cars, p. 158.

Application for cars, p. 159.

Constitutionality of statutes impos-
ing penalties, p. 158.

Defenses, p. IBO.

Places at which cars must be fur-
nished, p. 159.

Powers and duties of railroad com-
missions, p. 158.

Statutes imposing penalties strictly
construed, p. 158
Failure to give notice of arrival of

freight to consignee, p. 155.
Failure to make annual reports, p. \M.
Failure to pay or adjust claims, p. Kil :

Amount of penalty, p. 104.

Amount recoverable by claimant as
affecting right to penalty, p. H)5.

Defenses, p. 105.

Effect of voluntary payment of
claim after time limited, p. 105.



PENALTIES FOR VIOLATIONS OF
REGULATIONS, cynfd.
Failure to pay or adjust claims, cont'd.

Existence of statutory conditions
essential to imoosition of penalty,
p. 161.

Immaterial in what manner loss
was caused, p. 164.

Necessity of filing claim, and with
whom it may be filed, p. 162.

Place of payment of clann, p. 164.

Power to impose penalty, p. 161.

Sufficiency of claim, p. 163.

What one claiming penalty must
show, p. 165.

Where and when cause of action
arises, p. 162.

Who is liable for penaltj-, p. 164.

Who may recover penalty, p. 162.
Failure to stop at station, p. 157.
Instructions, p. 176.
Overcharge and discrimination, p. 138:

Amount of penalty, p. 143.

Conditions precedent to right of
action for penalty, p. 139.

Construction of statutes imposing
penalties, p. 138.

Declaration, petition, or complaint,
p. 168.

Defenses, p. 144.

Estoppel to set up defense, p. 145.

Facts not constituting a defense, p.
144.

For what acts penalty is imposed,
p. 140.

]\Iaximum rate not applicable to
transshipment, elevator and de-
murrage charges, p. 141.

Mistake, p. 144.

Number of penalties recoverable, p.
143.

Power to impose penalty, p. 138.

Rates charged no higher than those
fixed by railroad commission, p.
144.

Repeal of statutes imposing pen-
alties, p. 139.

Unit of measurement in determin-
ing what is an overcharge, p. 14:!.

What questions may be raised in
action for penalty, p. 143.

Who may recover penally, p. 140.
Parties, p. 106.
Pleading, p. 166.

Presumptions and l)urden of proof, p.
171:

In actions for penalty for delay m
transportation of freight, p. 172.

In actions for penalty for discriin-
iiiation in rates, p. 172.

In actions for penalty for failure
to receive and transport freight,
p. 172.

in actions for penally for over-
charge, p. 171.
Procedure, p. 166.
Questions of law and fact, p. 175:

In actions for penalty for (lela> in
transportation of freight, p. l^").

In actions for penalty for discrim-
ination in freight rates, p. 175.



4268



INDEX.



PENALTIES FOR VIOLATIONS OF
REGULATIONS, cont'd.
Refusal to deliver freight or express
matter to consignee, p. 155:
Conditions precedent to recovery

of penalty, p. 156.
Constitutionality of statute impos-
ing penalty, p. 155.
Number of penalties recoverable, p.

157.
Statute imposing penalty not merely

in aid of common law, p. 150.
Where delivery must be made, p.
156.
Refusal to furnish passenger tickets
granting stop over privileges, p. 146.
Refusal to give a transfer, p. 146.
Refusal to sell mileage tickets at re-
duced rates, p. 146.
Refusal to transport passengers, p. 145.
Time within which action must be

brought, p. 166.
Two penalties:

Effect of enforcement of one, p.
145.
Venue, p. 1(56.

PERILS OF NAVIGATION

Limitation of liability, p. 1040.

"PERILS OF RIVER," p. 438.

PERILS OF THE SEA, p. 4020:
See "Carriers by Water."
Carriers by water, pp. 3905, 3906.
Collisions, stranding, obstructions of

navigation, p. 4021.
Damage by sea water, p. 4020.
"Dangers of lake navigation," p. 4020.
Explosions, p. 40:21.
Fire, p. 4021.
In general, p. 4020.
Jettison, p. 4021.
Leakage, p. 4020.
Loss or injury to goods, p. 736.
Negligence of carrier or servants, p.

4023.
Storms, p. 4022.

PERISHABLE GOODS

Carrier as warehouseman, p. 909.
Connecting carriers, p. 616.
Contracts, pp. 439, 449.
Contracts for cars or other means of

transportation, p. 449.
Delay in transportation or delivery, p.
614:
General rule, p. 614.
Natural tendency to decay, p. 614.
Particular goods, p. 617.
Preference to be given perishalile

goods, p. 615.
Shipment by next train, p. 616.
Shipment on Sundays and holidays,

p. 616.
Shipment over connecting carrier,

p. 616.
What is perishable property, p. 614.
When carrier liable, p. 614.
Dut}' as to perishable goods, p. 501.



PERISHABLE GOODS, cont'd.

Failure or refusal of consignee to re-
ceive goods, p. 569.
Injury to perishable goods from loss

of ice, p. 638.
Lien foi charges-

Sale of goods, p. 1168.
Limitation of liability:

Decay or injury to perishables, p.
958.
Loss or injury to goods:
Burden of proof, p. 824.
Carrier using cars of another, p.

785.
Duty as to icing, p. 786.
Duty as to perishable goods, p. 784.
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.
Measure of damages for delay, p. 658.
Preference to be given perishable goods,

p. 615.
Sale:

Sale of perishable goods, p. 569.
Sundays and holidays, p. 616.
What is perishable property, pp. 614,
617.

PERSONAL INJURIES

See "Carriers of Passengers."
Damages:

See "Carriers of Passengers."

PHYSICAL EXAMINATION, p. 2773.
See "Stations and Stopping Places."

PHYSICIANS AND SURGEONS

Carriers of passengers:

Liability of carrier for aces of sur-
gcan, p. 2078.

PICTURES

See "Portraits."

PILOTS

Taxation, p. 3583.

PIPE LINES

Interstate and foreign commerce, pp.

3433, 3532, 3615.
Taxation, pp. 3584, 3589.

PLACES OF STOPPAGE, p. 97.

See "Stations and Stopping Places."

PLATFORMS

See "Carriers of Passengers:" "Sta-
tions and Stopping Places."

Riding on platform:

See "Contributory Negligence."

PLEA

See "Answer;" "Declaration, Peti-
tion or Complaint."
Connecting carriers:

See "Connecting Carriers."



INDEX.



4269



PLEA, cont'd.

Delivery by carrier:

Action for failure to issue, p. 584.
Limitation of liability:

See "Limitation of Liability."
Loss or injury to goods, p. 808.
Notice of loss and presentation of
claim, p. 1117.

PLEADING

Action for refusal to carry, p. 258.
Action for violations of regulations, p.

137.
Actions against carrier for breacb of

contract, p. 456.
Admiralty, p. 3919.
Baggage, p. 3185.
Bills of lading, p. 404.
Carrier as warehouseman, p. 916.
Carriers by water, p. 3919:

Proceedings to limit lialiilitv. p.
4080.
Carriers of live stock, p. 1441.
Carriers of passengers, p. 2569.
Connecting carriers, p. 3389.
Dead bodies, p. 1254.
Delay in transportation or delivery, p.

683.
Injunction, p. 133.
Interstate and foreign commerce:

Proceedings before commission, p.

3776.
Proceedings in federal courts, p.

3827.
Proceedings to enforce judgment or
order of commission, p. 3791.
Licensees, p. 2542.
Limitation of liability, p. 1026.
Loss or injury to goods, p. 802.
Negligence, p. 2668.

Notice of loss and presentation of
claim:
Pleading of breach, p. 1116.
Reasonableness, p. 1095.
Palace cars and sleeping car companies,

p. 3229.
Penalties for violations of regulations,

p. 166.
Special damages, p. 860.
Trespass, p. 2542.

PLEDGE AND COLLATERAL SECU-
RITY

Bills of lading, p. 387:

Action for wrongful conversion of
goods, p. 389.

Delivery of bill of lading equiva-
lent to actual possession of goods,
p. 389.

Intention of parties, p. 388.

Priority against assignment of pur-
chase money, p. 389.

Priority of ])ledgee against person
advancing money to shipper, p.
382.

Rights of pledgee, etc.. p. 387.

Right to pledge, p. 387.

Security for pre-existing debt, p.
387.



PLEDGE AND COLLATERAL SECU-
RITY, cont'd.
Bills of lading, cont'd.

Title to goods and right of posses-
sion, p. 388.
Who are pledgees, etc., p. 387.
Stoppage in transitu, p. 1227:

Pledge of bill of lading, p. 1224.

POLICE

Free transportation to police officers, p.
113.

POLICE POWER

Interstate and foreign commerce, pp.
3428, 3480.

POLICE REGULATION

See "Control and Regulation."

POOLING FREIGHTS

Interstate and foreign commerce, p.
3724.

PORTRAITS

Loss or injury to goods:
Damages, p. 858.

POSTAL CLERKS

See "Mail Clerks."

POSTING

See "Interstate and Foreign Com-
merce."
Notice of rules and regulations:

See "Rules and Regulations of Car-
riers."
Penalty for failure to post schedules of

rates, p. 148.
Posting schedule of rates:

Interstate and foreign commerce,
pp. 3442, 3498.
Posting schedule at stations, p. 72.

PREFERENCES AND DISCRIMINA-
TIONS, pp. 82, 220, 1174.
See "Interstate and Foreign Com-
merce."
Action for overcharge or discrimina-
tion, p. 135.
Action at law. p. 1190:

Admissibility of evidence, p. 1191.

Damages, p. 1192.

Evidence, p. 1191.

Jurisdiction, p. 1190.

Limitations, p. 1190.

Petition or com])laint, p. 1190.

Presumptions and i)urden of proof,

p. 1191.
Right of action, p. 1190.
Weight and sufficiency of evidence,
p. 1191.
Business of carrier unusually or unex-
pectedly heavy, p. 95.
Carriage, to point on belt line, p. 11S9.
Carriers of passengers, pp. 1491, 1492.
Cars:

See "Interstate and I'oreign Com-
merce." And sec infra, "Discrim-
ination in Facilities and Cars."



4270



INDEX.



PREFERENCES AND DISCRIMINA-
TIONS, confd.
Character of shipment, p. 1185.
Character of shipper, p. 1186.
Common-law doctrine, p. 82.
Competition with other carriers, p. 97.
Condition of shipper, p. 1186.
Connecting carriers, pp. 224, 3247, 3654.
Connections with and facilities to other
carriers:
See "Connections with and Facili-
ties to Other Carriers."
Construction of constitutional and stat-
utory enactments and commission or-
ders forbidding preferences or dis-
scriminations, p. 85.
Contracting to carry for one person

only, p. 223.
Contracts, p. 427.

Cost of mining coal to company in
whose favor discrimination is made,
p. 97.
Criminal law, p. 178.
Damages, pp. 228, 1192.
Dealers, p. 1186.
Demurrage, p. 3706.
Difference in conditions under which

shipment is made, p. 96.
Discrimination in facilities and cars, p.
224 :
Discrimination in favor of one of
several connecting carriers, p.
224.
Discrimination in switch and track-
age charges, p. 225.
General rule, p. 224.
Preference in delivery and distribu-
tion of cars, p. 224.
Use by express companies, p. 225.
With respect tc spur tracks,

switches and belt lines, p. 225.
With respect to use of tracks, p.
225.
Discrimination in favor of one of sev-
eral connecting carriers, p. 109:
Discrimination as to interchange of

business, p. 110.
Discrimination as to prepayment of

freight charges, p. 110.
Duty to give like through rates to
all connecting carriers, p. 109.
Discrimination in rates, p. 1175.
Distance and direction, pp. 1186, 1187.
Drawbacks, p. 1184.
Duty not to discriminate as to charges

or facilities, p. 82.
Duty to receive and carry, pp. 220, 248,

251, 257.
Equal terms for all shippers, p. 221.
Evidence, pp. 227, 1191.
Excessive charges:
See "Charges."
Exclusive privileges:

See "Exclusive Privileges."
Grounds for and elements of discrimi-
nation, p. 1185.
Indictment and information, p. 180.
Injunction, pp. 227, 1190:

Injunction to compel carrier to per-
form impartial service, p. 132.



PREFERENCES AND DISCRIMINA-
TIONS, confd.
Injunction, cont'd.

Injunction to restrain wrongful and
discriminatory acts by carrier, p.
131.
Interstate and foreign commerce:

See "Interstate and Foreign Com-
merce."
Interstate commerce act:

See "Interstate and Foreign Com-
merce."
Large and small shipments, p. 1187.
Limitation of actions, p. 1190.
Long and short hauls:

See "Long and Short Hauls."
Mandamus, pp. 227, 1190, 3649.
Manufacturers, p. 1186.
^Monopoly, p. 1184.
Overcharges:

See "Charges."
Particular grounds of discrimination, p.

1185.
Passenger rates, p. 1594.
Penalties for violations of regulations:
See "Penalties for Violations of
Regulations."
Place of production and ownership, p.

1186.
Power of congress:

See "Interstate and Foreign Com-
merce."
Power of legislature to permit discrimi-
nation, p. 85.
Power to prohibit preferences and dis-
criminations, p. 83.
Preferences and discrimination against
carrier in favor of certain individuals,
p. 61.
Preference to shipper in order of for-
warding goods — Book freight, p. 226.



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