[References are to sections]

IRRIGATION COMPANIES

irrigation is a public service, 64.

irrigation the typical case of natural limitation, 652.

public profession in irrigation, 231.

public and private irrigation, 242.

application to irrigation company, 411.

applicant cannot be required to contract, 338.

irrigation in accordance with rights, 384.

unit of service in irrigation, 445.

ten-year arrangement improper, 1249.

priorities when supply inadequate, 653.

excuse that irrigation company was under an injunction, 594.
irrigation company need not supply rival company, 701.

reducing irrigation rates, 1124.

supply to consumers outside of the city, 1177.

constitutional power to regulate, 1200-1240, passim.
See CONSTITUTIONAL LAW

JETTY SYSTEM, 72.

See RIVER IMPROVEMENTS

JUDICIAL POWER

See CONSTITUTIONAL LAW

JUGS

shipped not protected, 413.

See CONDITIONS

JURISDICTION

See FEDERAL AND STATE JURISDICTION

JUSTIFICATION FOR SUSPENDING SERVICE

situations justifying suspension, 650.

1. Natural Conditions and Acts of God

failure of water supply, 651.

exhaustion of irrigation supply, 652.
division of natural gas, 653.

dependence on water power, 654.

[References are to sections]

JUSTIFICATION FOR SUSPENDING SERVICE-continued

convulsions of nature, 655.

storms and floods, 656.

electrical disturbances, 657.

normal conditions, 658.

unavoidable accidents, 659.

2. Facilities Insufficient for Further Service
accommodations offered are exhausted, 660.
carrier's obligation when press of business, 661.
obligation of the railroads, 662.

facilities unexpectedly become outgrown, 663.
normal fluctuations of business, 664.

division of facilities among applicants, 665.
3. Unjustifiable Breaches of Public Duty
disadvantageous service, 566.

supposed interest of patron, 561.
assumption of peculiar risks, 571.
service involving unusual care, 572.
indirect advantage in refusing, 573.
ultimate advantage in refusing, 574.

unprofitableness no excuse, 578.

particular service peculiarly expensive, 575, 585.

extensions limited by profitableness, 576.

service in unprofitable ways, 577.

particular service not indispensable, 579.

substitute for service available, 580.

interference with the service, 625.

enemy forces as an excuse, 666.
domestic violence, 667.

strikes as an excuse, 668.

4. Justification of Reasonable Action

refusal illegal without proper justification, 550.

participation in the illegality, 604.

risk of possible liability, 622.

rejection for present misconduct, 641.
rejection for past misconduct, 642.

rejection upon probable cause, 643.

whether refusal should be at peril, 645.

ejection before actual misconduct, 644.

rejection for misconduct of companion, 646.

ejection governed by same general principles as rejection, 634.

[References are to sections]

LIABILITY IN PUBLIC CALLING
general theory of liability, 960.

1. Abnormal Liability as an Insurer
early liability in common calling, 961.
the super se assumpsit, 961.

subsequent development of the carrier's liability, 962.
a carrier is in the nature of an insurer, 962.

absolute liability of the common carrier, 963.
liable for accidental fire, 963.

liable for accidental wreck, 963.

subsequent development of innkeeper's liability, 964.
nocturnal robbers, 964.

England holds the innkeeper is liable for all losses, 964.
conflict in the American authorities, 965.

most states hold innkeeper as a common carrier, 965.
in several jurisdictions a much less stringent rule, 965.
insurance liability not extended to persons, 966.
public carrier of passengers, 966.

animate property often distinguished, 967.
2. Abnormal Liability Rigidly Confined

the service must be public, 968.

private boarding-house keeper, 968.

private in character, 968.

service must be upon a public basis, 969.

innkeeper taking a boarder, 969.

carrier taking a passenger in unusual way, 969.

service undertaken gratuitously, 970.

condition in free pass, 970.

compensation included in the whole transaction, 971.

returning grain bags, 971.

c. o. d. collections, 971.

businesses must be carriage, 972.

bridge proprietors, 972.

ferrymen, 972.

log drivers, 972.

switching, 972.
towage, 972.

warehousemen, 972.

carrier's liability not extended to other similar employments, 973.

telegraph companies, 973.

water companies, 973.

[References are to sections]

LIABILITY IN PUBLIC CALLING-continued

business must be innkeeping, 974.

apartment house, 974.

eating house, 974.

lodging house, 974.

restaurant, 974.

innkeeper's liability not extended to other employments, 975.

steamboat, 975.

sleeping car, 975.

3. Extent of Normal Liability

absolute and relative liability contrasted, 976.

development of the rule requiring blameworthiness, 977.

liability of the carrier of passengers, 978.

utmost human foresight, 978.

liability of innkeepers for guests personally, 979.

liability of telegraph companies, 980.

liability of gas companies, 982.

liability of electric companies, 983.

liability of water companies, 981.

4. Liability for Defective Facilities

a careful examination of facilities, 978.

state is bound to provide reasonably safe premises, 979.
ultimate responsibility for proper equipment, 794.
facilities constructed by independent concerns, 794.
if defective cars accepted, 991.

if the improper loading was apparent, 991.
duty to repair damage, 950.

duty to meet emergencies, 949.

5. Established Excuses from all Liability
what constitutes act of God, 984.
act of God merely contributory, 985.
damage by public enemies, 986.

how far the defense extends, 987.

a mob of rioters, 987.

damage caused by mere marauders, 987.

vice of the property,

988.

natural propensities of animals, 989.

proper vice of the goods, 989.

fermentation of the molasses, 984.

freezing of fruit, 984.

interference by patron, 990.