Copyright
Thomas Johnson Michie.

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

. (page 211 of 214)
Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 4) → online text (page 211 of 214)
Font size
QR-code for this ebook


1489.
Construction train, p. 1552.
Contract, p 1555.
Creation of relation, p. 1501:

Acceptance I)y carrier esjcntial, p.

1505.
Act of getting on as creating con-
tract, p. 1503.
Between whom contract made, p.

1504.
Contract for future transportation,

p. 1507.
Contract may ])e implied, y>. 1502.
Elevator passengers, p. 1502.
Implied agreement to pay fare in

lieu of transportation, p. 1503.
Implied notice, p. 150().
Intoxicated person l)oarding train
against conductor's order, p. 150T.
Mail agent, p. 150:i.
Mail agent — Suit not based on con-
tract with government, p. 1503.
No formal contract reciuired, p.

1502.
Notice of intention essential, p.
1504.



4278



INDEX.



RELATION OF CARRIER AND PAS-
SENGER, cont'd.
Creation of relation, cont'd.

Passenger deiined, p. VM'Z.

Public policy and not contract, p.

1503.
Receiving car from connecting car-
rier, p. 1508.
Relation created by contract, p.

1501.
Rule as to fixed stations, p. 1508.
Who may become passenger, p.

1501.
Declaration, petition or complaint, p.

2577.
Drover's pass, p. 1567.
Duty to receive and carry, p. 1491:
Carrying live animals, p. 1500.
Character or business, p. 1499.
Competitive soliciting, p. 1499.
Designated stations — Proper point,

p. 1493.
Discrimination, p. 1492.
Disorderly conduct, p. 1498.
Drunkenness, p. 1496.
Duty arising by implication of lav\-,

p. 1492.
Enforcement of duty, p. 1500.
Freight and similar trains, p. 1494.
General rules, p. 1491.
Grounds for refusal considered, p.

1495.
Illness or physical infirmity, p.

1495.
Insanity, p. 1496.
Interest of state, p. 1501.
Mandamus, p. 1500.
Ofifer for transportation, p. 1495.
Particular grounds for refusal, p.

1495.
Passenger vehicle not in service, p.

1494.
Persons of bad character, p. 1499.
Railroads "public highways," p.

1493.
Special trains, p. 1494.
Social status, p. 1499.
Ejection of passengers:

See "Ejection of Passengers."
Ejection for refusal to pay fare, p.

1571.
Regaining status on train or car

after ejection, p. 1542.
Elevators, p. 1488:

Employees using elevator, p. 1583.
Employees:

Employees on private cars, p. 1579.
Sleeping car employees, p. 1579.
Employees of carrier, p. 1580:

Custom to give free transportation

to carrier's employees, p. 1584.
Emploj'ees using elevator, p. 1583.
Riding for purposes disconnected

with work, p. 1584.
Riding to or from work, p. 1580.
Right to transportation secured 1:)y

contract of employment, p. 1585.
Employees of third persons, p. 1588:
Employees at station, p. 1589.
Employees of another company rid-



RELATION OF CARRIER AND PAS-
SENGER, cont'd.
Employees of third persons, cont'd.

ing on defendant's train to inspect

ties purchased from defendant, p.

1588.
Employees of news company, p.

1589.
Railroad contracting to carr}' lum-
ber company's employees to and

from work, p. 158.
Evidence, pp. 2718, 2771.
Admissibility, p. 2718.
Evidence as to conditions in ticket,

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

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

271.T,
Weight and sufficiency, p. 2834.
Express messenger, p. 1577.
Fare:

See infra, "Relation as Affected by

Possession of Ticket or Payment

of Fare."
Ferryman, p. 1488.
Free transportation, p. 1564:
Children, p. 1565.

Conductor's permission, p. 1570.
Free transportation by permission

or invitation of agent, p. 1569.
General rule, p. 1564.
Lawfully on train, p. 1565.
Persons traveling on pass, p. 1566:
Drover's pass or under ship-
ping contract, p. 1567.
General rule, p. 1566.
Policeman, p. 1565.
Waiver of claim for compensation,

p. 1565.
Freight trains, pp. 1494, 1546.

Acceptance by trainmen, p. 1548.
Boarding by direction of proper

agent, p. 1547.
Boarding freight by mistake, p.

1547.
Baggage master's authority, p. 1552.
Rrakeman's authority, p. 1552.
Conductor's autliority, p. 1549.
Construction train, p. 1552.
Duty of carrier, p. 1546.
Failure to eject, p. 1551.
General rule, p. 1546.
Good faith, pp. 1547, 1550.
Hand car, p. 1552.
Invitation by trainmen, p. 1548.
Mere acquiescence, p. 1551.
Mistaking nature of freight train, p.

1548.
Payment of fare on freight train

under collusive agreement, p.

1551.
Presumption as to status, p. 1553.
Presumption as to trainmen's au-
thority, p. 1554.
Presumption rebuttable, p. 1554.
Rule abrogated by carrier, p. 1546.



INDEX.



4279



RELATION OF CARRIER AND PAS-
SENGER, coiifd.
Freight trains, cont'd.

Special permit, p. 1518.
Statute, p. lo48.
Through freight train, p. 1516.
Wreck train, p. 1552.
Hand car, p 1552.
Instructions, p. 294o:

Existence of relation of carrier and

passenger, p. 2916.
Illustrations, pp. 2917-2918.
Intention, p. 1555.

Leaving train or car before reaching
destination:
See infra, "Termination of Rela-
tion."
Liveryman, p. 1188.
Mail clerks, p. 1575.
Mail contractor, p. 1489.
Master and servant:

See infra, "Employees of Carrier."
Newsboy:

Newsboys on street cars, p. 1587.
Newsboy on train, p. 1589.
Palace or sleeping cars, p. 1579:

Employees on sleeping cars, p. 1579.
Passengers in sleeping cars are pas-
sengers of railroad company, p.
1579.
Sleeping car employees, p. 1579.
Payment of fare:

See infra, "Relation as Affected by
Possession of Ticket or Payment
of Fare."
Person forcibly carried aboard by car-
rier's agents, p. 1590.
Persons engaged in private business un-
der contract, p. 1588.
Place of getting on car, p. 1555.
Presumptions and burden of proof, pp.
2603, 2664:
Presumption arising from character

of vehicle, pp. 1542, 1553.
Presumption as to status, pp. 1542,
1553, 1558.
Presumption as to status, pp. 1542, 1553,

1558.
Principal and agent:

See infra, "Employees of Car-
rier."
Invitation of agent, pp. 1548, 1554,

1557, 1569, 1587.
Working passage under agreement
with trainmen, p. 1587.
Private cars:

Employees on, p. 1579.
Questions of law and fact, pp. 2853,
2863.
Illustrations, pp. 2863-2866.
In actions for breach of contract, p.

2853.
In actions for personal injuries, p.

3863.
Instances wliere (juestion of exist-
ence of relationsliii) lield for
jury, p. 2863.
Person crossing trestle to reach

train, p. 2864.
Person intending to take passage,
p. 2864.



RELATION OF CARRIER AND PAS-
SENGER, cont'd.
Questions of law and fact, cont'd.

Person leaving carrier's premises,

p. 2864.
Where evidence conflicting, p. 2863.
Whether passenger for hire, p.

2866.
Whether, reasonable opportunity
given to obtain ticket, p. 2866.
Relation as affected by character of ve-
hicle or position occupied, p. 1542:
Vehicle not designed for passenger,

p. 1546.
Vehicle used for transportation, p.
1542.
Relation as affected by position occu-
pied, p. 1555.
Boarding wrong part of car, p. 1550.
Car obviously not intended for pas-
sengers, p. 1556.
On steps leading to locked vestible

— Ignorance of rule, p. 1556.
Payment of fare to brakeman, p.

1557.
Place of getting on car, p. 1555.
Riding on engine by invitation of

engineer, p. 1557.
Running board or steps of car, p.

1556. "

Taking position assigned by agent,

p. 1557.

Relation as affected by possession of

ticket or payment of fare, p. 1558:

Ejection for refusal to pay fare, p.

1571.
Employees of carrier:

See infra, "Employees of Car-
rier."
Evasion of payment of fare, p. 1571.
Failure to request fare, p. 1559.
Fare not paid, p. 1558.
Fraud in obtaining pass or rates, p.

1573.
Fraudulent evasion of payment, p.

1572.
Free passes:

See infra, "Free Transporta-
tion."
General rule, p. 1559.
Good faith, p. 1559.
Nontransferal)le ticket, p. 1573.
Passes:

See infra, "Free Transporta-
tion."
Payment of fare to lirakeman, p.

1559.
Prior to payment, p. 15()0:
General rules, p. 1560.
Night watchman and gate-
keeper, p. 1561.
Passenger on connecting roads,

p. 1563.
Presumptii)n of intention to

pay, p. 1562.
Requiring ticket prior to enter-
ing train, p. 1563.
Rules as to freiglit train pas-
senger, p. 1563.
Steamboat passenger, p. 1563.



4280



INDEX.



RELATION OF CARRIER AND PAS-
SENGER, cont'd.
Relation as affected by possession of
ticket or payment of fare, cont'd.
Proper ticket, p. 1559.
Proper ticket — Knowledge of facts,

p. 1559.
Refusal justifiable, p. 1571.
Refusal to accept fact, transfer or

ticket, p. 1574.
Refusal to pay fare, p. 1571.
Sufficiency of payment or tender, p.
1559.
Scenic railway, p. 1488.
Sleeping cars, p. 1579.
Special train:

Duty to receive and carry on spe-
cial trains, p. 1494.
Person accepted as passenger on

special train or car, p. 1545.
Persons boarding special train, p.
1544.
Steamboats, p. 1487.
Street railways, p. 1487.
Sundays and holidays:

Persons traveling on Sunday, p.

1589.

Termination of relation, pp. 1524, 1679.

Act of passenger or carrier, p. 1524.

After alighting at destination, p.

1533:

After leaving carrier's premises,

p. 1539.
Crossing track between train
and depot after alighting, p.
1534.
Leaving train by wrong route,

p. 1534.
Must leave by proper route, p.

1538.
On carrier's premises after

alighting, p. 1536.
On track after leaving station,

p. 1538.
Reasonable or necessary delay,

p. 1537.
Re-entering train at station, p.

1534.
Return to sleep in train — Drov-
er's pass, p. 1539.
Rule as to railroads, p. 1533.
Rules as to street cars, p. 1535.
Time and opportunity to leave

carrier's premises, p. 1536.
Upon part of station premises
not intended for use of pas-
sengers, p. 1538.
Where carrier maintains plat-
form, p. 1536.
After leaving carrier's premises, p.
1539:
General rule, p. 1539.
Mail clerk, p. 1540.
Carriage beyond destination, p.

1541.
Continuation and termination of

relation, p. 1524.
General rule, p. 1524.
Illustrations, pp. 1524, 1525.
Leaving premises previous to trans-
portation, p. 1525.



RELATION OF CARRIER AND PAS-
SENGER, cont'd.
Termination of relation, cont'd.

Leaving train at immediate station,

p. 1525.
Leaving train or car before reach-
ing destination, p. 1525:
Alighting from street car to en-
able others to alight, p. 1528.
Steamboat landings, p. 1528.
Stop-over privilege, p. 1529.
Through train service, p. 1527.
To assist with vehicle, p. 1530.
To avoid imminent danger, p.

1530.
To deliver message on platform,

p. 1527.
With intention to return, pp.
1525, 1529.
Passenger alighting at station, p.

1541.
Passenger continuing journey be-
yond destination, p. 1540.
Passenger remaining on vehicle, p.

1540.
Regaining status on train or car

after ejection, p. 1542.
Termination of relation of carrier

and passenger, p. 1529.
Time and opportunity to leave ve-
hicle at destination, p. 1532:
Failure to alight within reason-
able time, p. 1532.
General rule, p. 1532.
Reasonable time and opportu-
nity to leave vehicle, p. 1532.
Transferring prior to destination, p.

1531.
Violation of rules, p. 1530:

Assuming dangerous position,

p. 1530.
Leaving moving train or car,
p. 1531.
Tickets and fares:

See infra, "Relation as Affected by
Possession of Ticket or Payment
of Fare."
Union depots, p. 1590.
Vehicle not designed for passengers, p.
1546:
Acceptance by trainmen, p. 1548.
Baggage master's authority, p. 1552.
Boarding by direction of proper

agent, p. 1547.
Boarding freight by mistake, p.

1547.
Brakeman's authority, p. 1552.
Conductor's authority, p. 1549.
Construction train, p. 1552.
Duty of carrier, p. 1546.
Failure to eject, p. 1551.
General rule, p. 1546.
Good faith, pp. 1547, 1550.
Hand car, p. 1552.
Invitation by trainmen, p. 1548.
Mere acquiescence, p. 1551.
Mistaking nature of freight train,

p. 1548.
Payment of fare on freight train
under collusive agreement, p.
1551.



INDEX.



4281



RELATION OF CARRIER AND PAS-
SENGER, coufd.
Vehicle not designed for passengers,
cont'd.

Presumption as to status, p. 1553.

Presumption as to trainmen's au-
thority, p. 1554.

Presumption rebuttable, p. 1554.

Rule abrogated by carrier, p. 1546.

Special permit, p. 1548.

Statute, p. 1548.

Through freight train, p. 1546.

Wreck train, p. 1552.
What law governs relationship:

See infra, "Conflict of Laws."
When relation 'of carrier and passen-
ger commences, p. 1508:

After signaling car, p. 1515.

Approaching train to board, p. 1513.

Approaching transfer car, p. 1517.

Attempting to board car or train at
improper point, p. 1519.

Attempting to board moving train
or- street car, p. 1520.

Attempting to board street car at
proper point, p. 1518.

Attempting to board train or other
vehicle, p. 1518.

Attempting to board train with
proper ticket, p. 1518.

Attempting to board transfer car
with transfer, p. 1519.

Before entering vehicle, p. 1517.

Before reaching carrier's premises,
p. 1509.

Before taking seat in vehicle, p.
1522.

Boarding train at improper place,
p. 1521.

Forfeiture of rights, p. 1514.

General rule, p. 1508.

Mail clerks, p. 1523.

Must be at station or stopping
place at proper time, p. 1512.

Necessity for car door to be open,
p. 1516.

Not before car is reached — Defects
in car, p. 1516.

Not prior to attempt to go on
board, p. 1516.

One with street car transfer ap-
proaching transfer car, p. 1517.

On train or car before its depart-
ure, p. 1522.

Person occupying place by agent's
directions, p. 1511.

Person riding to its station in rail-
road company's stage, p. 1509.

Persons in waiting room, p. 1510.

Physical contact with car not es-
sential, p. 1516.

Rule applicable to all carriers, p.
1508.'

Rule stated, p. 1508.

Situation to avail himself of facili-
ties, p. 1508.

Waiver of rule forbidding passen-
gers to get on or off moving cars,
p. 1521.



RELATION OF CARRIER AND PAS-
SENGER, cont'd.
When relation of carrier and passen-
ger commences, cont'd.

What constitutes railway station,

p. 1512.
While at station in waiting room,
etc., p. 1509.
Who are carriers:

Palace cars and sleeping car com-
panies, p. 3201.
Who are carriers of passengers, p. 1486.
Working passage under agreement with

trainmen, p. 1587.
Wreck train, p. 1552.
Wrong train or car, p. 1543.

RELEASE

Contracts of afifreightment, p. 3873.
Limitation of liability, 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
negligence, p. 955.
Negligence:

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

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

"RELEASED"

Limitation of liability, p. 1020.

REMOVAL OF CAUSES

Interstate and foreign commerce, p.
3545.

REPLEVIN

Delivery by carrier:

Replevin for failure to deliver, p.
581.

REPORTS, p. 29.

Compelling carriers to make reports,
p. 3443.

Penalty for failure to make annual re-
ports, p. 166.

RES ADJUDICATA

Carriers by water:

Proceedings to limit liability, pp.
4079, 4084.

RESCISSION

Bill ni lading, p. 454.

Connecting carriers, p. 454.

Contracts, pp. 440, 454

Contracts of affreightment, p. 3873.

RES GEST^

Carriers of passengers:

Actions for personal injuries, p.
2710.
Contributory negligence, p. 2294.



4282



INDEX.



RESTAURANT, p. 1793.

RESTRAINTS OF PRINCES, RUL-
ERS, OR PEOPLE

Carriers by water, p. 4028.

REVENUE LAWS

Charges:

Intent to evade blockade or reve-
nue laws, p. 1146.

RIOTERS, p. 752.

RIOTS

Delay in transportation or delivery, p.
627.

ROADBED

See "Carriers of Passengers."

ROBBERS, p. 751.

ROUTE AND DEVIATION THERE-
FROM, p. 50:2.

Carriers by water, p. 3888;

Customary and usual route, p. 3888.
Excuses for deviation, p. 3890.
General rules, p. 3888.
Liability for losses during devia-
tion, p. 3902.
What constitutes deviation, p. 3889.
Carriers of live stock:

Liability for deviation, p. 1334.
Deviation:

See infra, "Selection by Carrier;"'
"Selection by Shipper.''
Selection by carrier, p. 508:

Degree of care required, p. 508.
Deviation, p. 510:

Deviation caused by unprece-
dented floods, p. 510.
Deviation usual or customary,

p. 510.
Losses for which carrier is lia-
ble and nature of liability, p.
511.
Necessity and justification, p.

510.
Persolial motive of carrier, p.

510.
Usage as to place of discharg-
ing cargo, p. 510.
What constitutes, p. 510.
Duty to pursue usual and custom-
ary route, p. 509.
Duty to select safe and direct route,

p. 509.
Regard for rights of shipper, p. 508.
Right of initial carrier, p. 508.
Right to select in general, p. 508.
Selection by shipper, p. 502:
A proof of route, p. 502.
Authority of agent to bind carrier,

p. 502.
Carrier fraudulently inducing ship-
ment over longer route, p. 508.
Deviation by carrier, p. 503:
Connecting carriers, p. 5(>3.
Damages, p. 506.



ROUTE AND DEVIATION THERE-
FROM, confd.
Selection by shipper, cont'd.
Deviation by carrier, cont'd.

Diversion from all rail to water

route, p. 504.
Floods, p. 505.
General rules, p. 503.
Loss by negligence of connect-
ing carrier, p 504.
I,osses for which carrier is lia-
ble, p. 503.
Necessity for and justification
of deviation or forwarding by
another carrier, p. 505.
Storms, p. 506.
Strikes, p. 506.
Evidence, p. 502.

Forwarding by different boat or
conveyance than that stipulated,
p. 507.
Parol evidence, p. 502.
Refusal to route cars as directed by

shipper, p. 506.
Requisites of agreement, p. 502.
Right to select, p. 502.
Shipment over route contrary to
express direction of shipper, p.
507.

Written instructions by shipper —
Assent of agent, p. 502.

RULES AND REGULATIONS OF
CARRIERS, p. 186.
Baggage:

See "Baggage."
Carrier bound by its own rules, p. 204:

Generally, p. 204.

Rules not required by law, p. 205.

Rules required by law, p. 205.
Carriers of goods, p. 187:

Changing or modifying, p. 189.

Classification and preparation, p.
188.

Duty of agents to enforce, p. 189.

General statement, p. 187.

(Operation and effect as to carrier,,
p. 189.

Particular rules, p. 188.

Proof of regulations, p. 190.

Question of law or fact, p. 188.

Question of law or fact as to rea-
sonableness, p. 188.

Reasonableness of rules, pp. 187,
193.

Right to make and enforce rules
and regulations, p. 187.

Runnhig of trains and time, p. 189.

Separation of freight and passen-
gers, p. 188.

Stations and facilities, p. 188.

Time, place and manner of deliver-
ing freight, p 188.

Time, place, and manner of receiv-
ing, p. 188.

Waiver of regulations, p. 190.

Carriers of live stock:

See infra, "Carriers of Goods.""
Carriers of passengers, pp. 190 1936.



INDEX.



4283



RULES AND REGULATIONS OF
CARRIERS, confd.
Carrier bound by its own rules, p. 204:
Generally, p. 204.
Rules not required by law, p.

20.-i.
Rules required by law, p. 205.
Ejection of passengers:

See "Ejection of Passengers."
Enforcement of rules and regula-
tions, p. 200:
Enforcement by punishing prior

breach, p. 201.
Enforcement must be reason-
able, p. 200.
Entering trains, p. ]850.
Must not be contrary to law, p.

194.
Must not discriminate, p. 190.
Notice of rules and regulations:

See infra, "Notice of Rules and
Regulations."
Reasonableness a qaestion of law,

p. 196.
Reasonableness as mixed question

of law and fact, p. 197.
Reasonableness question for jury,

p. 197.
Regulations as to time and place of

receiving, p. 1850.
Right to make and enforce rules
and regulations, p. 190:
General rule, p. 190.
Soliciting business in cars, p.

191.
Use of station premises by lo-
cal carriers and others, p. 193.
Stopping at stations, p. 1857.
Validity, p. 194.

Violation of rules as termination of
relation of carrier and passen-
ger, p. 1530:
Assuming dangerous position,

p. 1530.
Leaving' moving train or car,
p. 1531.
Waiver of regulations, p. 201:

Habitual failure to enforce, p.

201.
Passenger's duty to conform to
rules as affected by lack of
fidelity in enforcing, p. 203.
Riding on freight trains, p. 201.
Contributory negligence:

Disobedience of rules and regula-
tions, p. 2122.
Delivery by carrier:

Place of delivery, p. 537.
Duty to receive and carry, p. 211:

Limiting duty by unreasonable reg-
ulations, p. 213.
Time, place and manner of deliver-
ing freight, p. 188.
Ejection of passengers:

See "Ejection of Passengers."
Evidence, p. 2298:

Carriers of passengers, p. 2723:
Competency as evidence, p.
2723.



RULES AND REGULATIONS OF
CARRIERS, cont'd.
Evidence, cont'd.

Dependent on degree of care

required, p. 2724.
Passenger not relying on rule,
p. 2723.
• Passenger without knowledge
of rules, p. 2724.
Rule requiring notice of acci-
dent, p. 2724.
Notice of rules and regulations, p. 197:
Bound by rules of which he was in

ignorance, p. 200.
Duty of passenger to inform him-
self of existence of rules, p. 198.
Passenger's contract rights not af-
fected by rules of which he was
not chargeable with notice, p. 197.
Posted regulations for running of

trains, p. 199.
Presumption as to knowledge of

rules, p. 198.
Required to take direct route, p.
198.

Riding on front platform with
knowledge of notice on other
cars, p. 199.

Rules for conduct of carrier's em-
ployees, p. 200.

Sufficiency of publication or notice,
p. 199.
Place of delivery, p. 537.
Platform:

See "Contributory Negligence."
Presumptions and burden of proof, p.

198.
Question of law or fact, pp. 190, 197,
2854:
Reasonableness of sleeping car
company's rule, p. 3239.
Reasonableness of rules, pp. 187, 188,
193.

Duty to receive and carrv, p. 211-

213.
Question of law or fact, pp. 188, 196,
197.
Riding on platform:

See "Contributory Negligence."
Right to make and enforce rules and

regulations, pp. 187-190.
Scope of treatment, p. 186.
Separation cf freight and passengers, p.

188.
Stations, pp. 188, 192.
Transfer companies:

Soliciting business in cars, ]ip. 191,
192.
Waiver of rules and regulations, p. 201:
Habitual failure to enforce, p. 201.
Passenger's duty to conform to
rules as affected by lack of fidel-
ity in enforcing, p. 203.
Riding on freight trains, p. 201.

RUST

Liniilatioii of liability, p. 958.



4284



INDEX.



SAFETY APPLIANCE ACT

Interstate and foreign commerce, pp.
3450, 3508:

Appliances required by act, p. 3456.

Car not used in interstate com-
merce, p. 3453.

Carriage of empty car, p. 3455.

Carriers subject to act, p. 3453.

Car standing on switch, p. 3454.

Constitutionality of acL, p. 3450.

Construction of act, p. 3453.

During stoppage in transit, p. 3435.

Enforcement of act, p. 3450.

Engaged in intrastate commerce
only, p. 3454.

Exclusive power of congress, p.
345;?.

In general, p. 3450.

Part of cars not engaged in intra-
state commerce, p. 3454.

Power of congress, p. 3450.

Power of state, p. 3508.

Power to impose absolute liability,
p. 3452.

Shifting cars in yard, p. 3456.

Stockyard company, p. 3456.

Where car on exchange track, p.
3455.

Where carrier has hauled interstate
freight on other occasions, p.
3453.

SALES

Bills of lading:

Transfer operating as constructive
delivery of goods, p. 370.
Carrier as warehouseman:

Sale to prevent loss, p. 909.
Charges:

Persons liable for charges, p. 1150.
Damages:

Delay in transportation or delivery
of goods, pp. 659, 671, 677.
Lien for charges:

See "Lien for Charges."
Loss or injury to goods:

Measure of damages where goods
shipped under contract of sale,
p. 857.
Perishable goods:

Sale of perishable goods, p. 569.
Purchase or discount of draft with bill
of lading attached:

See "Draft."
Sale on credit:

See "Stoppage in Transitu."
Statute regulating sale of rejected

freight, p. 568.
Stoppage in transitu:

See "Stoppage in Transitu.''
Tickets :

See "Tickets and Fares."
Transfer bills of lading:

See "Bills of Lading."

SCENIC RAILWAYS

Carriers of passengers, p. 1488.



SCHEDULE

See "Carriers of Passengers;" "In-
terstate and Foreign Commerce."
Carrier as warehouseman, p. 893.
Posting, pp. 72, 148, 2498, 3442.

SCOPE OF EMPLOYMENT

See "Carriers of Passengers."

SEAWORTHINESS

See "Carriers bj^ Water."

SELF-DEFENSE

See "Carriers of Passengers."

SEPARATION OF PASSENGERS

See "Carriers of Passengers."

SERVANT

See "Master and Servant;" "Prin-
cipal and Agent."

SERVICE OF PROCESS

Limitation of liability:

Stipulations as to time of service of
process, p. 1129.

SET-OFF, RECOUPMENT AND

COUNTERCLAIM

Charges, p. 1172.

SHIPPING RECEIPTS, p. 408.
See "Bills of Lading."



Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 4) → online text (page 211 of 214)