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

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Penalty for refusal to sell mileage tick-
ets at reduced rates, p. 146.
Penalty for refusal to sell passenger
tickets of a connecting carrier, p. 147.
Principal and agent:

See infra, "Ticket Agent."
Property:

Ticket as property of passenger, p.
1615.
Questions of law and fact:

Keeping ticket office open, p. 1601.
Sufficiency of attempt to procure
ticket, p. 1601.
Reasonable opportunity to procure

ticket, p. 1598.
Receipt:

Ticket as receipt, pp. 1612, 1613.
Redemption of tickets and repayment

of charges, p. 1638.
Relation of carrier and passenger:

See "Relation of Carrier and Pas-
senger."
Repayment of fare or return of ticket:

See "Ejection of Passengers."
Requirement of identification, signature
and stamping, p. 1627:
Absence of person authorized to

stamp ticket, p. ]630.
Commutation or mileage ticket, p.

1630.
Effect of erroneous statements of

agent, p. 1630.
Effect of wrong of agent, p. 1629.
Identification to conductor, p. 1629.
Mistake or omission of agent, p.

1629.
Signing in presence of agent, p.

1628.
Sufficiency of identification, p. 1629.
Validity of requirement, p. 1627.
Requiring ticket as condition precedent
to right of carriage:
See "Ejection of Passengers."
Right and duty to ride on particular
train or car:
See "Carriers of Passengers."
Right of carrier to compensation, p.
1592:
Action to recover charges, p. 1593.
General rule, p. 1592.
Illustrations, pp. 1592, 1593.
Passenger on wrong train, p. 1593.
Sale of tickets, p. 1610:

Delivery to purchaser, p. 1610.
Liability for money deposited with
agent for purchase of ticket, p.
1611.
On street cars, p. 1611.
Order of sale, p. 1611.



INDEX.



4299



TICKETS AND FARES, cont'd.
Sale of tickets, cont'd.

Refusal to sell ticket, p. 1611.
Selling on credit, p. 1610.
Selling without authority, p. 1612.
Ticket purchased from other than
authorized agent, p. 1610.
Seat:

Refusal to pay unless provided with
seat, p. 2427.
Signature, p. 2443:

See infra, "Requirement of
Identification, Signature and
Stamping."
Acceptance of conditions, p. 1632.
Ejection of passengers, p. 2441.
Special contracts for transportation, p.

1639.
Stamping, p. 2443:

See infra, "Requirement of Identi-
fication, Signature and Stamp-
ing."
Station agent:

See infra, "Ticket Agent."
Stipulation against transfer, p. 1616.
Stop over, pp. 1620, 1973:

See "Carriers of Passengers."
Coupon tickets, p. 1622.
Ejection of stop over passenger, p.

2439.
Exceptions to general rule, p. 1975.
"Good for one seat," p. 1974.
"Good for this day and train only,"

p. 1620.
Illustrations, pp. 1975, 1976.
Representations by conductor, p.

1610.
Representations by ticket agent, p.

1608.
Right of stop over, pp. 1620, 1973.
Rules and regulations, p. 1976.
Statutory provisions, p. 1976.
Stipulation as to continuous pas-
sage, p. 1620.
Stop-over checks or indorsement,

p. 1976.
Street railways, p. 1974.
Usages, p. 1975.
Stop-over privileges:

Penalty for refusal, p. 146.
Surrender of ticket, p. 1637:

Duty of passenger to surrender

ticket, p. 1637.
Right to check, p. 1637.
Right to demand, p. 1637.
Ticket surrendered to porter, p.

1637.
Where ticket lost or wrongfully
taken up, p. 1638.
Tender, p. 2428.
Thousand mile ticket:

See infra, "Mileage Book."
Through tickets:

See infra, "Connecting Carriers."
Ticket agent, p. 1600:

See infra, "Requirement of
Identification, Signature and
Stamping;" "Sale of Tickets."
Absence of ticket agent, p. 1599.



TICKETS AND FARES, cont'd.
Ticket agent, cont'd.

Acts and statements of agents, p.

1606.
Agreement to stop at certain sta-
tion, p. 1610.
Allowing stop over, p. 1610.
Authority to waive conditions in

tickets, p. 1634.
Failure or refusal to stamp ticket,

p. 1627.
Failure to furnish proper tickets, p.

1609.
Guaranteeing connection at certain

point, p. 1609.
Illustrations, pp. 1607, 1608.
Keeping ticket office open, p. 1600.
Liability for acts of agents, p. 1606.
Liability for ejecting passenger
having wrong ticket through
fault of agent:
See "Ejection of Passengers."
Mistake of agent in dating ticket,

p. 1609.
Reasonable opportunity to procure
• ticket, p. 1598.
Refusal to sell ticket, p. 1610.
Representations as to best route, p.

1608.
Representations as to movement of

trains, p. 1607.
Representations as to necessity for
compliance with conditions, p.
1606.
Representations as to stop over, p.

1608.
Representations as to stops, p. 1607.
Representations as to time of ar-
rival at destination, p. 1608.
Right of purchaser to assume that
ticket complies with actual con-
tract, p. 1609.
Sufficiency of attempt to procure
ticket, p. 1601.
Ticket brokers:

See "Ticket Brokers."
Time:

See infra, "Limitation as to Time
for Which Valid."
Time limit of ticket expired, p. 2446.
Transferability, p. 1615:

Consideration of reduced rate, p.

1616.
In absence of restrictions, p. 1615.
Injunction against sale of nontrans-
ferable tickets, p. 1618.
Stipulation against transfer, ]). 1616.
Transfer of ticket:

Ejection of passengers, p. 2442.
Transfers:

See "Transfers."
Waiver:

Waiver of rigiit to demand extra
fare, p. 1602.
Waiver of conditions:

.'Xutliority of agent, p. 1634.
Express notice of lack of autliority

■of agent, p. 1634.
Failure to enforce conditions, p.
1635.



4300



INDEX.



TICKETS AND FARES, cont'd.
Waiver of conditions, cont'd.

Failure to notice violation of con-
dition, p. 1636.
Illustrations of vi^aiver, p. 1635.
What amounts to waiver, p. 1635.
Whether ticket a contract, p. 1612.
Who are passengers:

See "Relation of Carrier and Pas-
senger."

TIME

Claims for damages:

Time within which claim shall be
made, p. 795.
Stipulations as to time of service of

process, p. 1129.
Stipulations limiting time within which
suit must be brought:
See "Limitation of Liability."
Unloading at improper time, p. 775.

TIME, COMPUTATION OF, p. 613.

Demurrage, p. 707.

Notice of loss and presentation of
claim:
Computing time within which no-
tice must be given, p. 1107.

TIME OF DELIVERY, p. 533.

TIMETABLE

See "Carriers of Passengers."

TITLE, CUSTODY AND CONTROL
OF GOODS, p. 476.
Actions by and against carriers, p. 483:
Right of carrier to maintain action,

p. 483.
Right of consignee, p. 492.
Right of consignor, p. 488.
Right to maintain action against
carrier, p. 484.
Bill of lading:

Effect of transfer:

See "Bill of Lading."
Change of destination, p. 482.
Evidence of ownership, p. 840.

Plaintiff's title or ownership, p. 869.

Right of carrier to require proof of

right to goods before delivery, p. 518.

Seizure under legal process, pp. 482,

483. '
Stoppage in transitu:

See "Stoppage in Transitu."
Title and rights of carrier in general,

p. 480.
Title and rights of consignee in general,

p. 477.
Title and rights of consignor in general,

p. 476.
Transfer of bill of lading:
See "Bill of Lading."

TOBACCO

Interstate and foreign commerce, p.
3427.

TOILET ROOMS

Carriers of passengers, pp. 1938, 1939.



TONNAGE DUTIES

Interstate and foreign commerce, pp.
3479, 3530.

TORNADO

Loss or injury to goods, pp. 736, 738.

TOWS

See "Tugs and Tows."

TRACING

Duty to trace goods, p. 501.

TRACK

See "Carriers of Passengers."

TRAFFIC AGREEMENTS

See "Connecting Carriers."

TRAIN CREW

Interstate and foreign commerce, p.
3457.

TRANSFERS, p. 1643.

See "Bills of Lading."
Assertion of payment of fare, p. 1647.
Bills of lading:

Sale or payment of draft with bill
of lading attached, p. 366.
Condition as to examination of trans-
fer, p. 1648.
Condition requiring application at car-
rier's office, p. 1648.
Conditions in grant of franchise and
agreements with municipalities, p.
1644.
Conditions in transfers, p. 1648.
Construction of provisions requiring

transfers, p. 110.
Custom to issue transfers not required

by law, p. 1644.
Duty of carrier to give and honor trans-
fers, p. 1643.
Duty of passenger to comply with con-
ditions, p. 1648.
Effect of custom, p. 1644.
Ejection of passengers:

Conclusiveness of ticket or transfer
as between passenger and con-
ductor, p. 2462.
Conditions against transfer, p. 2442.
Duty to examine, p. 2460.
Failure of carrier to furnish evi-
dence of right to continue jour-
ney, p. 2431^
Failure to give transfer, p. 2431.
Invalid transfer, p. 2437.
Mistake, p. 2459.

Refusal to pay unless given trans-
fer, p. 2427.
Transfer insufficient upon its face,
p. 2459.
Limitation of liability:

Agreed valuation, p. 1058.
Mandamus, p. 1645.
Necessity for notice, p. 1648.
New York statute, p. 1645.
Ordinance forbidding unauthorized per-
sons to give, sell or issue transfers, p.
1643.



INDEX.



4301



TRANSFERS, cont'd.

Penalty for refusal to give transfer, p.

146.
Place of demanding transfer, p. 1647.,
Power of municipality as to transfers, p.

1643.
Refusal to give transfer a refusal to

carry, p. 1643.
Refusal to pay fare unless given trans-
fer, p. 2427.
Right of carrier to require transfers, p.

1646.
Rules of carrier, p. 1647.
Statutory provisions, p. 1645.
Street railways, p. 110.
Time of demanding transfer, p. 164S.
Usages and customs, p. 1644.
Violation of rule of carrier, p. 1644.
Wrong or detective transfer, p. 1649:
Care required in asking for and us-
ing transfer, p. 1650.
Conductor's duty with respect to
explanation of passenger, p. 1650.
Examination of transfer by passen-
ger, p. 1650.
Liability of carrier, p. 1649.

TRANSFER COMPANIES

Common carriers, p. 10.
Constitutional provisions and statutes
not precluding grant of exclusive
privileges, p. 101.
Duty to receive and carry:

Character of goods tendered for
shipment, p. 237.
Entering trains to solicit transportation

of passengers and baggage, p. 99.
Exclusive privileges, p. 192:

To corporations or individuals en-
gaged in transporting passengers
and baggage to and from railroad
depots, p. 99.
Exclusive right to use platform for re-
ceiving and discharging passengers,
p. 101.
Lien for charges, p. 1157.
Loss or injury to goods, p. 768.
Rights of and restrictions upon individ-
uals or corporations engaged in trans-
porting passengers or baggage, p. 111.
Rules and regulations of carriers:

Soliciting business in cars, pp. 191,
192.
Soliciting patronage and plying l)usiness

on depot grounds, p. 99.
Soliciting patronage in depot, p. 99.

TRANSPORTATION AND DELIVERY
BY CARRIER, p. 497.
Contracts for cars or other means of
transportation:
See "Contracts for Cars or Other
Means of Transportation."
Definition, p. 3607.
Delivery by carrier:

See "Delivery by Carrier."
Deviation:

See "Route and Deviation."
Duties as to transportation in general,

p. 499.
Duty as to perishable goods, p. 501.



TRANSPORTATION AND DELIV-
ERY BY CARRIER, cont'd.

Duty to carry in identical conveyance

specified in contract, p. 500.
Duty to follow instructions, p. 500.
Duty to trace goods, p. 501.
Duty to verify counting of goods, p. 501.
Entry in custom house, p. 501.
Excuses for failure to perform contract,

p. 499.
Goods defectively marked, p. 500.
Route and deviation:

See "Route and Deviation."
Special contract, p. 501.
L'sage, p. 501.

TRANSPORTATION COMPANY

Common carriers, p. 7.

TRESPASS

See "Licensees, Trespassers, In-
truders, Etc."
Assault and battery:

See "Carriers of Passengers."

TRESPASSERS

See "Licensees, Trespassers, Intrud-
ers, Etc;" "Relation of Carrier
and Passenger."
Passengers and trespassers distinguished:
See "Relation of Carrier and Pas-
senger."

TRESPASS ON THE CASE

Delivery by carrier:

Case for failure to deliver, p. 5S1.

TROVER AND CONVERSION

Carriers of live stock, p. 1437.
Conversion by carrier where consignee

refuses to receive goods, p. 566.
Delay in transportation or delivery:
Liability as for conversion, p. 663:
Demand and refusal, p. 665.
General rule, p. 663.
Goods destroyed by act of God,

p. 665.
Where goods useless to con-
signee, p. 664.
Delivery by carrier, pp. 511, 513:

Delivery to wrong person, p. 551.
Trover for failure to deliver, p. 581.
Deviation, p. 511.
Failure to deliver, p. 513.
Limitation of liability.

Conversion l:)y carrier, p. lOSl.
Loss or injury to goods, p. 79G.

TRUCKMEN

Comnmn carriers, p. 8.
interstate and foreign commerce, p.
3616.

TRUSTS

See "Monopolies and Cor.pora*-e
Trusts."

TRUSTS AND TRUSTEES

Liability wIumi railroad operated I-y

trustee, p. 20S9.
Loss or injury to goods, p. 769.



4302



INDEX.



TUGS AND TOWS

Common carriers:

Boats engaged in towing as com-
mon carriers, p. 12.
Loss or injury to goods, p. 769.

UNAVOIDABLE ACCIDENT

Carriers of passengers, pp. 1G75, 1689.

UNAVOIDABLE DANGERS

Limitation of liability, p. 1019.

UNDERTAKERS

See "Dead Bodies."

UNION DEPOTS

See "Terminal Companies."
Liability of carrier, p. 20S5.
Relation of carrier and passenger, p.
1590.

UNITED STATES COURTS

Proceedings in federal courts:

See "Interstate and Foreign Com-
merce."

UNLOADING

Carriers of live stock:

See "Carriers of Live Stock."
Limitation of liability, p. 1031.
Loss or injury to goods:

Means for unloading, p. 788.
Negligence in unloading goods, p. 780.
LTnloading goods at improper time, p.
775.

USAGES AND CUSTOMS

Actions against carrier for breach of

contract, p. 461.
Bad custom does not excuse carrier, p.

776.
Baggage, pp. 3110, 3112, 3117, 3136.
Bills of lading, pp. 328, 377, 379, 3882:
Custom as to right of inspection

and rejection, p. 329.

Evidence of usage in general, p. 328.

Issuance of bills of lading where

goods have not been received, p.

313.

To vary or contradict express

terms of bills of lading, p. 328.
L^sage as to stowage, p. 329.
Carriers by water:
Delivery, p. 3895.
Stowage of goods, p. 3906.
Carriers of live stock, p. 1391:

Limitation of amount of liability

and agreed valuation, p. 1398.
Notice of loss and presentation of
claim, p. 1409.
Carriers of passengers:

Admissibility in evidence, p. 2725.
Failure to stop, pp. 1861, 1865.
C. O. D., p. 245.
Compress company:

Delivery of cotton to compress
company, p. 282.
Contracts, p. 432.
Contracts of affreightment, p. 3871.



USAGES AND CUSTOMS, cont'd.

Contributory negligence, pp. 2222, 2295,
2296, 2297:
Riding in baggage, express or mail

car, p. 2211.
Riding on platform, p. 2179.
Riding on step or footboard, p. 2194.
Cotton:

Delivery of cotton to compress
company, p. 282.
Delay in transportation or delivery, p.

691.
Delivery by carrier:

Custom must be known, p. 532.
Custom must be reasonable, p. 532.
Custom must not violate contracts,

p. 532.
Delivery according to usage of port,

p. 531.
Effect of custom or usage, p. 531.
Place of delivery, p. 538.
Demurrage, p. 3964.
Deviation, p. 510.
Duty to receive and carry, p. 251.
Interstate and foreign commerce:

Preferences and discrimination, p.
3635.
Limitation of liability, p. 1009:

Connecting carriers, p. 3347.
Loss or injury to goods:

Evidence of custom, p. 833.
Money:

Liability of carrier, p. 770.
Notice:

Notice of arrival of goods, p. 902.
Payment or tender of charges, p. 234.
Place of offer for transportation, p. 231.
Preferences and discrimination, p. 3635.
Transfers, p. 1644.

VALUE

See "Limitation of Liability;"

"Market Value."
Bills of lading:

Stipulations as to value, p. 354.
Misrepresentation or concealment of

value, p. 759:
Duty of carrier to make inquiry and

of shipper to state value and na-
ture of goods, p. 762.
Duty of shipper to state value, p.

763.
Liability limited where value not

disclosed, p. 764.
Liability of carrier, p. 759.
Recovery of only apparent value, p.

760.
Where shipper not guilty of fraud

or negligence, p. 761.

VARIANCE

Admiralty, p. 3919.

Carriers of live stock, p. 1449.

Carriers of passengers, p. 2647:

Active or passive negligence, p.

2659.
Allegation that car had stopped, p.

2654.
Amendment to conform to proof, p.
2660.



INDEX.



4303



VARIANCE, cont'd.

Carriers of passengers, cont'd.

As to contract of carriage, p. 2651.

As to injury or damages, p. 2660.

As to negligence or cause of in-
jury, p. 2653.

As to persons liable, p. 2660.

As to status of plaintiff, p. 2652.

As to stopping of vehicle — Variance
immaterial, p. 2657.

As to ticket pass or transfer, p.
2652.

Correspondence between allegation
and proof, p. 2647.

Demand for transfer, p. 2652.

General rule, p. 2647.

Manner in which injury was re-
ceived, p. 2655.

Materiality, p. 2649.

Mere matters of detail, p. 2656.

Negligence averred generally or
specifically, p. 2659.

Negligence relied on not proven, p.
2653.

Negligence relied on proven, p.
2657.

Proof of substance, p. 2649.

Taking on or letting off passenger,
p. 2655.

Technical variance, p. 2649.

Thrown or jumped from car, p.
2656.

Tort and contract, p. 2651.

\'ariance affecting only amount of
recovery or gravity of negligence,
p. 2650.

Wilful or wanton negligence or de-
lay, p. 2659.
Delay in transportation or delivery, p.

689.
Delivery by carrier:

Actions for failure to deliver or
misdelivery, p. 586.
Limitation of liability, p. 1048:

Carriers of live stock, p. 1387.
Loss or injury to goods, p. 813.
Negligence, p. 2653.

VEHICLES

See "Carriers of Passengers;"
"Cars."

VENDOR AND PURCHASER

See "Sales."

VENDOR'S LIEN

Stoppage in transitu, p. 1207.

VENTILATION

Loss or injury to goods, p. 785.

VENUE

Carriers by water:

Proceedings to limit liability, p.
4072.
Connecting carriers, p. 3387.
Delay in transportation or delivery, p.

681.
Delivery by carrier:

Action for failure to deliver, p. 582.



VENUE, cont'd.

Literstate and foreign commerce, p.
3542:
See "Interstate and Foreign Com-
merce."
Loss or injury to goods, p. 800.
Penalties for violations of regulations,
p. 166.

VERDICT

Carriers by water:

Special verdict, p. 4005.
Carriers of live stock, p. 1483.
Carriers of passengers, p. 3032.
Connecting carriers, p. 3416.
Contributory negligence, p. 2404.
Delay in transportation or delivery, p.

698.
Delivery by carrier:

Actions for failure to deliver or
inisdelivery, p. 603.
Directing verdict:

See "Directing Verdict."
Loss or injury to goods, p. 881.

VICE

See "Carriers of Live Stock."
VIS MAJOR

Loss or injury to goods, p. 736.
WAGONERS

Loss or injury to goods, p. 768.
WAITING ROOMS

See "Stations and Stopping Places."
WAIVER

Conditions in tickets:

See "Tickets and Fares."
Lien for charges:

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

Waiver of right of action, pp. 798,
799.
Notice of loss and presentation of claim:
See "Notice of Loss and Presenta-
tion of Claim."
Stipulations limiting time within which
suit must be brought:
See "Limitation of Liability."
Stoppage in transitu:

See "Stoppage in Transitu."
Tickets and fares:

See "Tickets and Fares."
Waiver of right to demand extra
fare, p. 1602.

WAR

See "Public Enemy."
Contracts of affreightment, p. 3874.

WAREHOUSES AND WAREHOUSE-
MEN

See "Delivery to Carrier."
Baggage:

See "Baggage."
Bills of lading:

I{vidence of carrier's liability as

warehouseman, p. :','io.
When carrier incurs liability of
warehousemen, p. 360.



4304



INDEX.



WAREHOUSES AND WAREHOUSE-
MEN, cont'd.
Carrier as warehouseman:

See "Carrier as Warehouse-
man."

See "Baggage."
Compensation as warehouseman, p. 700.
Demurrage:

See "Demurrage."
Interstate and foreign commerce, pp.

3432, 3527.
Preferences and discrimination:

Distribution of cars, p. 3646.
Railroads:

Maintenance of warehouse, p. 32.
Taxation, p. 3589.

WARRANTY

Bill of lading, p. 3884:

As evidence or warranty of title or

ownership, p. 348.
Bill of lading not conclusive as to

condition of freight, p. 828.
Effect as warranty of quality, p.
343:
General rule, p. 343.
Recital that contents unknown,

p. 343.
Recital that "contents unknown
and in apparent good order,"
p. 345.
Warranty of title of shipper, p. 348.
Contracts of affreightment, p. 3872.

WATER

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

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

Furnishing water, p. 1938.

WEAPONS

Baggage, p. 3130.
WEATHER

See "Carriers of Live Stock."
Loss or injury to goods, p. 740:
Act of God:

See "Act of God."
Changes in temperature, p. 740.
Freezing weather, p. 740.
Hot weather, p. 741.

WHARVES AND WHARFINGERS

Grant to ship using a wharf or dock

constructed by a railroad company,

p. 102.

Interstate and foreign commerce, pp.

3468, 3528:

But legislative or municipal intent

not open to inquiry, p. 3530.
Discriminatory fees, p. 3529.
Distinction between tonnage duties

and wharfage, p. 3530.
Effect of surplus and disposition of

same, p. 3529.
General power of state to regulate

wharves, p. 3528.
Objectionable charge void, though
not proportioned according to
tonnage of vessel, p. 3531.



WHARVES AND WHARFINGERS,

cont'd.
Interstate and foreign commerce, cont'd.
Powers of federal courts, p. 3532.
Power to exact wharfage not to be
used as a subterfuge to impose
tonnage duty, p. 3530.
Private wharves not within rule as

to reasonableness, p. 3529.
Remedy for unreasonable regula-
tions, p. 3531.
Wharfage charge not void because
proportioned to tonnage, p. 3531.
Wharfage; power of state or city to
exact, p. 3529.
Right of ship owners to use wharf or
dock constructed by railroad com-
pany, p. 102.
Taxation, pp. 3582, 3586.

WHEEL GUARDS

Carriers of passengers, p. 1833.

WHEN LIABILITY COMMENCES, p.

266.

Carrier as warehouseman:

See "Carrier as Warehouseman."
Liability as insurer, p. 772.
Warehouseman :

See "Carrier as Warehouseman."

WHITE SLAVE ACT

Interstate and foreign commerce, p.
3441.

WHO ARE PASSENGERS

See "Relation of Carrier and Pas-
senger."

WILLFULLY, pp. 3608, 3621.
WITNESSES

Baggage, p. 3189.
Instructions:

Credibility of witnesses, p. 3009.
Interstate and foreign commerce:

See "Interstate and Foreign
Commerce."
Investigation and compelling at-
tendance of witnesses, p. 3603.

WOMEN

Contributory negligence, p. 2150:
Aloving car, p. 2158.

WRECKS

Contracts for cars or other means of
transportation, p. 450.

WRECK TRAIN

Carriers of passengers, p. 1552.

WRITING

Bills of lading, p. 302.
Notice of loss and presentation of claim,
p. 1104.

WORDS AND PHRASES

Parol evidence, p. 1017.

YARDS

See "Carriers of Live Stock."



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