[References are to sections]

EXCUSE BASED UPON PERSONAL DISQUALIFICATION-

continued

disabled persons, 635.

insane persons, 639.

invalids, 572.

lame persons, 572.

sick persons, 638.

paralyzed persons, 572.

women, 572.

See JUSTIFICATION

EXCUSES FROM LIABILITY

summarized as:

(1) act of God, 963.

(2) public enemies, 963.

(3) vice of the goods, 963.

(4) interference of the party, 963.

See LIABILITY

EXPLOSIVES

refusal of, 621.

See EXCUSES

EXPRESS CAR

no place for passengers, 761.

See CARRIER OF PASSENGERS

EXPRESS COMPANIES

1. Nature of the Business

express companies are common carriers, 178.
express companies are public services, 230.
what constitutes express matter, 253.
express companies carrying money, 255.
2. Public Duty of Express Companies
obedience to game laws, 601.

ordinance forbidding bringing liquors, 597.

may demand proper packing, 413.

need not take packed parcels, 696.

valuables shall be sealed in certain ways, 869.

how long in advance valuables must be received, 580.

area of delivery district, 277.

limits established by express companies, 278.

[References are to sections]

EXPRESS COMPANIES-continued

3. Liability of Express Companies

express company holds itself out as the common carrier, 776.
railroad carrying express matter for express companies, 1015.
express company receives goods at house, 732.
obligation to make personal delivery, 1039.
shipments accompanied by the messenger, 758.
protection of patrons in express offices, 930.

express company undertakes the utmost dispatch, 903.
4. Policies Inconsistent with Public Duty

railroads may make exclusive contracts, 477.
cases opposing such discrimination, 479.

no discrimination against connections, 523.
discrimination by express company, 1302.

See CARRIERS OF GOODS; EXCLUSIVE CONTRACTS WITH DE-
PENDENT SERVICES

EXPRESS MESSENGER

usually is not taken as passenger, 778.

may travel as passenger, 778.

accepts the risk of being carried in an express car, 778.
contract limiting liability valid, 1015.

EXTENSION SERVICE

See FACILITIES

F

FACILITIES FOR PERFORMING SERVICE

basis of the duty to supply equipment, 790.

1. Provision of Proper Facilities

profession limited to original facilities, 791.
adherence to the original scope, 792.

no fundamental change required, 792.
scope of the original commitment, 792.
carriage of unusual freights, 792.
excuse of original carriers, 791.

excuse of early innkeeper, 791.

proper equipment must be provided, 793.
methods best suited to the service, 793.

safe track, 793.

proper rolling stock, 793.

[References are to sections]

FACILITIES FOR PERFORMING SERVICE-continued
ultimate responsibility for proper equipment, 794.

railroad hauling the cars of another road, 794.

railroad bridge built by a reputable works, 794.
careful choice of contractors, 794.

facilities for receiving freight, 391.
facilities for receiving currency, 392.
facilities for receiving grain, 391.
facilities for receiving baggage, 391.
improvement of present facilities, 795.

improvements in an experimental stage, 795.

provision of special equipment, 796.
vehicles enough to transport goods, 662.
refrigerator cars, 796.

ventilator cars, 796.

tank cars, 796.

stock cars,

796.

2. Obligation to Increase Facilities

facilities which the service requires, 797.
duty is relative, not absolute, 797.
additional facilities required, 797.

obligation to expand present service, 281.

when the facilities available prove insufficient, 665.
facilities unexpectedly become outgrown, 663.
obligation to extend system, 797.

statutes defining this obligation, 798.

notice must be given to the carrier in advance, 662.

failure in its duty to provide adequate facilities as an excuse, 662.

extraordinary and unexpected demand for carriage, 663.

liable for insufficiency of equipment, 799.

established excuse when an unexpected demand, 799.

facilities sufficient for the usual business, 799.

expected business not provided for, 800.

when accommodations offered are exhausted, 660.

sudden and unusual demand, 800.

amount of business ordinarily done, 800.

[References are to sections]

FACILITIES FOR PERFORMING SERVICE-continued
provision for normal fluctuations, 800.

demand foreseen although unusual, 801.
normal fluctuations of business, 664.

crop reports as guide, 801.

amount of business ordinarily done by the road, 664.

seasonable allotment of facilities, 801.

abnormal demand plainly foreseen, 801.

reasonable time to increase facilities, 802.
telephone switchboard full, 802.

wires in the conduit exhausted, 802.
orders for railroad equipment, 802.
pressure for short periods, 803.
equipment beyond its control, 804.
3. Assignment of Available Facilities
right to assign facilities, 843.
assignments by a ferryman, 843.
assignment to street cars, 843.
innkeeper is the housekeeper, 843.

railroad assigning passengers seats, 843.

separate accommodations, 844.

cars for ladies, 844.

cars for negroes, 844.

changing accommodations, 845.

innkeeper may change guest's room, 845.

sleeping car authorities are in conflict, 845.
choice of facilities, 847.

separation based upon race, 848.

legislation must be without discrimination, 849.

no discrimination is permissible, 849.

cars must be equally equipped, 849.

4. Fair Apportionment of Service
duty not to discriminate, 850.

best interests of all concerned, 850.

serving applicants in rotation, 851.

gristmills serve in rotation, 851.

telegraph companies forward in rotation, 851.
proration of limited supply, 852.

natural gas distributed pro rata, 852.

[References are to sections]

FACILITIES FOR PERFORMING SERVICE-continued
irrigation follows earlier appropriation, 852.
distribution of cars to stations, 853.
entire line of its road considered, 853.

no part of the system given preference, 854.
equal benefit the whole system, 854.
division of facilities among applicants, 665.
apportionment of cars to shippers, 855.
basis of prorating cars, 856.

shippers share according to capacity, 856.

private facilities considered in the apportionment, 857.
private cars utilized are deducted, 857.

FACTORIES

not public utilities, 611.

FARES

ticket is good only for the single journey, 1254.

passenger is entitled only to an unbroken carriage, 1253.
journey cannot be split, 1254.

two partial fares for a single journey, 1256.

journey is a single entire unit, 1253.

part of journey completed before collection of fare, 1257.
change of destination during the journey, 1260.

second journey on same train, 1211.

no separate charge for a part of the transit, 1262.

attempt to ride upon payment of fare for the remaining distance,
1257.

resumption of journey by ejected passenger, 1258.

passenger expelled at a regular station, 1259.

See PREPAYMent RegulatiONS

FARMERS

carriers, 228.

as innkeepers, 234.

FAST FREIGHT LINES

as common carriers, 181.

FAVORITISM

See DISPATCH COMPANIES

See DISCRIMINATION