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[References are to sections]

LIABILITY IN PUBLIC CALLING-continued

giving wrong directions, 990.

haying a stock car, 990.

concealing the true character of the service, 990.

patron interferes with the performance, 990.
improper condition of the goods, 997.

assumption by patron, 991.

assuming the responsibility for loading, 991.

6. Liability Consequent upon Default

delay must be negligent, 915.

mere fact of delay not conclusive, 915.

loss directly caused by delay, 916.

default ceasing to operate as an efficient cause, 917.

loss merely concurrent with delay, 917.

authorities holding carrier liable if mere coincidence, 918.

negligence contributory to the catastrophe, 919.

negligence in not avoiding the catastrophe, 920.
absolute liability in case of deviation, 921.

absolute liability in case of special contract, 922.

LIBELOUS MESSAGES

may be refused, 605.

LICENSE

See ILLEGALITY

license as a profession, 213.

license not itself conclusive, 213.

license as badge of public employment, 213.

void limitations upon licensees, 692.

LIEN

lien specific, not general, 450.
lien for single shipment, 1270.
second carrier has a lien, 548.
lien for demurrage, 1031.

LIGHTERMEN

See RATE

lightermen are common carriers, 165.
if they take actual possession, 148.
lightermen make a public profession, 229.
by putting up a sign, 203.

when owner accompanies his goods, 767.
See CARRIERS OF GOODS

[References are to sections]

LIMITATION OF LIABILITY

limitation upon liability possible, 1000.

1. Methods of Making Limitations

notice not sufficient, 1001.

English notion that notice sufficient, 1001.
limitation of liability by implied assent, 1001.
contract generally held necessary, 1002.
effect of receiving goods, 1002.
acceptance of an instrument, 1003.

proof of the contract thus evidenced, 1003.
acceptance of a shipping paper, 1024.
such acceptance not conclusive, 1004.
acceptance is generally an assent, 1004.
consideration must be found, 1005.
valid consideration must be found, 338.
fair option held necessary, 1005.

certain authorities more easily satisfied, 1006.
if no alternative is presented, 1006.

2. Limitation of Exceptional Liability as Insurer

abnormal liability of an insurer, 1000.

ordinary liability for negligence, 1000.

such limitation not inconsistent with public duty, 1007.

contract not against public policy, 1007.

statutory regulation of such contracts, 1008.

such statutes are constitutional, 1008.

construction of the contract, 1009.

explicit contract held necessary, 1009.

presumption that negligence not included, 1009.
stipulation must expressly so provide, 1034.

conflict of laws, problems, 1010.

3. Stipulations Against Liability for Negligence

such stipulation inconsistent with public duty, 1011.
cannot exempt themselves from neglect, 143.
inevitable deterioration in the public service, 1011.
authorities permitting such limitation, 1012.

for ordinary but not for gross negligence, 1012.

for servants but not to the carrier, 1012.

such stipulation invalid in other services, 1013.

no stipulation against negligence in electric lighting, 1013.
stipulation by a telephone company void, 1013.

gas company liable notwithstanding agreement, 1013.

[References are to sections]

LIMITATION OF LIABILITY-continued

waterworks may not stipulate against negligence, 1013.
telegraph company cannot exempt itself, 1014.
difficulties in the telegraph cases, 1014.

whether repeated message is the regular service, 1014.
4. Service Outside the Obligation

services outside of the profession, 1015.

matters beyond the public profession, 1008.

railroad hauling circus trains, 1015.

cotton while in compress, 1015.

cars on private sidings, 1015.

services in course of business, 1016.

employés of the carrier, 1016.

shippers accompanying their cattle, 780, 1016.
arrangements with connecting carriers, 1017.

carriage off own route, 1017.

nominal sum recoverable for night messages, 1014.

errors in unrepeated messages, 1014.

liability for negligence of servants, 1014.

stipulations in gratuitous arrangements, 1018.

gratuitous service not public service, 1018.

gratuitous arrangements upon public basis, 1018.

gratuitious arrangements, private basis, 1018.

may stipulate against negligence, the free passes, 1018.
cases opposed to this, 1018.

5. Limitation to Stated Valuation
limitation to agreed valuation, 1019.
limitation to a stated valuation, 1008.
not against public policy, 1019.
qualification of this statement, 1020.
value set too small, 1020.

recovery when partial loss, 1020.
liability limited to set amount, 1021.

virtual liquidation in advance, 1021.

limitation as an estoppel, 1022.

authorities opposed to such limitation, 1022.

6. Stipulation for Giving Notice

stipulation for notification of loss, 1023.
assertion of claim in season, 1023.

little qualification of this doctrine, 1024.
not a real limitation, 1024.

[References are to sections]

LIMITATION OF LIABILITY-continued

stipulation governs in cases of negligence, 1024.

general statutes against limitation inapplicable, 1024.

similar stipulations in telegraph blanks, 1025.

jurisdictions considering stipulation against public policy,
1025.

what time is reasonable, 1026.
unreasonably short time, 1026.

if abnormal circumstances appear, 1026.
case of live stock somewhat peculiar, 1026.
reasonableness of the particular contract, 1008.

LIMITATIONS UPON THE PROFESSION
extent of the public duty, 250.

extent to which limitations may be imposed, 251.
doctrine once pressed to extremes, 252.

obligation where no general profession, 276.

usual class of goods carried, 253.

no obligation to engage in services of different sort, 254.

goods similar in bulk, 254.

carriage of valuables separable, 255.

carriage of live stock, 256.

profession limited to car service, 258.

extraordinary service in transporting freight, 259.

extraordinary service in delivering freight, 260.

inherent limitations upon public profession, 267.

profession limited to the plant, 267.

limitation to the route, 267.

profession to render service, 268.

obligation limited to existing premises, 269.

profession limited to original plant, 270.

capacity of the equipment, 270.

bulk and weight as factors, 270.
size as a factor, 270.

profession limited to natural supply, 271.

carriage confined to established route, 272.
territorial limits upon service professed, 273.
limits of the territory served, 274.

what limits are reasonable, 278.

individual installation within territory, 279.

See PUBLIC PROFESSION

LIQUOR LAWS

[References are to sections]

may excuse carrier from his duty to serve, 600.
special profession to deliver liquors, 236.

See ILLEGALITY

LIVE STOCK

carriers of live stock, 255.

not always held common carriage, 256.

live stock, how tendered, 399.

given priority, 846.

See CARRIERS OF GOODS; PUBLIC PROFESSION

LIVERYMAN

is in private business, 107.

LIVERY STABLE

innkeeper making exclusive contract with, 533.

LOADED CARS

loaded cars received, 258.

loading by shipper, 414.

See CAR LOADS

LOATHSOME CONDITION

person in such condition may be refused service, 631.

LOCOMOTIVE

See EXCUSES

no place for passenger, 761.

LODGING HOUSE

lodging house is not an inn, 263.

supply of water to, 380.

LOG DRIVING

is a public service, 55.

is not common carriage, 55.

LOGGING TRAIN

practice to carry passengers on, 288.

no place for passengers, 780.

LUMBER

must be taken without discrimination, 313.
determination of rate on, 1210.

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