[References are to sections] DEPRECIATION-continued fair per cent should be allowed, 1166. full allowance still begrudged, 1167. authorities refusing to allow depreciation, 1168. capitalization of past depreciation, 1170. DESTITUTION as excuse for remitting charges, 1305. DEVIATION See DISCRIMINATION 1. What Constitutes Deviation usual course of performing service, 905. bulk broken instead of through transportation, 906. goods shipped before the time agreed, 906. by rail instead of by water, 906. steamship instead of sailing vessel, 906. deviation to transship, 906. outside route rather than an inside route, 906. by sea instead of canal, 906. transportation over wrong route, 907. specified destination by an indirect route, 907. 2. Excuses for Deviation if line designated is dangerous, 907. utilizing another connection, 907. fair choice of routes, 907. interruption by natural forces, 909. change ordered by governmental authority, 910. avoidance of dangerous territory, 911. route blocked by strike, 912. accountable for any deviation, 900. absolute liability the result of deviation, 921. [References are to sections] DEVIATION-continued deviation apparently constitutes conversion, 908. absolutely liable for loss throughout the entire transit, 908. absolute liability of special contract, 922. duty to forward by some other connection if one is available, 952. DISCRIMINATION BETWEEN PATRONS 1. Development of the Rule evolution of the rule, 1281. no law originally against discrimination, 1282. outright discrimination now universally condemned, 1289. [References are to sections] DISCRIMINATION BETWEEN PATRONS-continued modern law against all discrimination, 1290. 2. What Concessions Are Discriminatory what constitutes illegal discrimination, 1310. decisions inconsistent with this policy, 1296. statutory exceptions usually made, 1302. rule not limited to discrimination between competitors, 1299. concessions for government business, 1304. reductions for general classes, 1305. no obligations to grant such concessions, 1306. 3. Concessions to Get Competitive Business competitive conditions no justification, 1312. rebating to get business illegal, 1314. competitive rates for through business, 1315. additional services performed for certain customers, 1316. 4. Concessions to Large Customers such concessions often made, 1318. unreasonable differences universally forbidden, 1319. reasonable differences sometimes permitted, 1320. authority for such differentials, 1321. prevalent doctrine against such concessions, 1322. services to large and small customers practically identical, 1323. company need not grant reductions, 1324. 5. Rebates to Exclusive Customers whether exclusive policies may be adopted, 1325. such discriminations foster monopolies, 1326. customers at rival line charged more than others, 1327. lower rates to exclusive customers sometimes permitted, 1328. comparison of these cases, 1329. customers contracting for large amounts, 1330. [References are to sections] DISCRIMINATION BETWEEN PATRONS―continued 6. Concessions for Special Kinds of Business coal for manufacturers and for dealers, 1333. different rates for commodities of same character, 1337. actual differences in the cost, 1342. economies in passenger transportation, 1343. different charges for different service, 1345. both rates must be open to all, 1347. commodities carried of different character, 1337. 8. Service in More Convenient Units shipment in car-loads, 1348. shipments made in bulk, 1349. comparison of bulk and package rates, 1350. shipments in train loads, 1351. regular shipments in large units, 1352. units in passenger service, 1353. operating units in supply service, 1354. such reductions for larger units apparently discriminatory, 1355. terminal facilities furnished by shippers, 1356. proportionate allowance not discrimination, 1337. only reasonable compensation permissible, 1358. whether too advantageous terms are being obtained, 1359. allowances for facilities still permissible, 1360. charging only certain shippers demurrage, 1359. [References are to sections] DISCRIMINATION BETWEEN PATRONS-continued continuing obligations for past consideration, 1364. DISCRIMINATION BETWEEN SERVICES essential illegality of relative discrimination, 1370. 435. discrimination between particular classes of customers, 420. unjust rates between localities, 1371. long haul relatively cheaper than short haul, 1373. volumes of low grade freights, 1373. 3. Undue Preference and Priority what constitutes undue preference, 1378. fair interest of the carrier, 1377. situation and circumstances of the respective customers, 1377. undue and unjust preference or priority, 1377. prejudice is not illegal unless it is undue, 1377. |