§ 887. Extra charge when fare is paid on train.

888. No opportunity to obtain ticket.

889. Ticket agent's mistake.

890. Mistakes of the conductors.

891. Argument for the passenger.

892. Argument for the carrier.

PART VII. LIABILITY FOR DEFAULT

CHAPTER XXVI

CONDUCT OF THE UNDERTAKING

$900. Proper conduct of the undertaking.

Topic A. Delay in Performing Service

§ 901. Duty to act promptly.

902. Reasonable time allowed for performance.

903. Special circumstances calling for haste.

904. Adherence to schedule time.

Topic B. Deviation from the Undertaking

§ 905. Usual course of performing service.

906. Performance in unauthorized manner.

907. Transportation over wrong route.

908. Essential change by deviation.

Topic C. Excuses for Default in Performing Service

§ 909. Natural forces.

910. Governmental authority.

911. Violent intervention.

912. Interruption by strike.

913. Interference of patron.

914. Press of business.

Topic D. Liability Consequent upon Default

§ 915. Delay must be negligent.

916. Loss directly caused by delay.

917 Loss merely concurrent with delay.

918. Extreme liability according to other authorities.

919. Negligence contributing to the catastrophe.

920. Negligence in not avoiding the catastrophe.

921. Absolute liability the result of deviation.

922. Absolute liability of special contract.

CHAPTER XXVII

PROTECTION OWED DURING PERFORMANCE

930. Extent of duty to protect.

Topic A. Duty to Care for Patrons

931. Duty to care for patrons.

932. Extent of duty to care for patrons.

933. Special care in particular cases.

934. Disposition of dangerous persons.

Topic B. Liability for Injuries Caused by Its Own Servant

935. Duty to protect passenger.

936. Obligation to protect guest.

937. Blameworthiness must be shown.

938. Basis of liability for unauthorized injury.

939. Action outside of the employment.

940. Cumulative liability where two services involved.

Topic C. Protection Against Injury by Third Parties

§ 941. Limited extent of the duty.

942. Protection against fellow passengers.

943. Injuries from negligent conduct.

944. Liability for injuries by outsiders.

945. Injuries resulting from overcrowding.

946. Proper extent of the duty.

947. Duty of innkeepers to protect from third parties.

948. Special protection in sleeping cars.

Topic D. Duty to Act in Emergencies

949. Duty to meet emergencies.

950. Duty to repair damage.

951. Duty to stop performance.

952. Duty to take appropriate action.

CHAPTER XXVIII

FAILURE IN THE UNDERTAKING

§ 960. General theory of the liability.

Topic A. Abnormal Liability as an Insurer

§ 961. Early liability in common calling.

962. Subsequent development of the carrier's liability.

[x]

963. Absolute liability of the common carrier.

964. Subsequent development of innkeeper's liability.

965. Conflict in the American authorities.

966. Insurance liability not extended to persons.

967. Responsibility for animate chattels.

Topic B. Abnormal Liability Rigidly Confined

968. The service must be public.

969. The service must be upon a public basis.

970. Service undertaken gratuitously.

971. Compensation included in the whole transaction.

972. The business must be carriage.

973. Carrier's liability not extended to other similar employments.

974. The business must be innkeeping.

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

Topic C. Extent of Normal Liability

976. Absolute and relative liability contrasted.

977. Development of the rule requiring blameworthiness.

978. Liability of the carrier of passengers.

979. Liability of innkeepers for guests personally.

980. Liability of telegraph companies.

981. Liability of water companies.

982. Liability of gas companies.

983. Liability of electric companies.

Topic D. Established Excuses from All Liability

984. What constitutes act of God.

985. Act of God merely contributory.

986. Damage by public enemies.

987. How far the defense extends.

988. Vice of the property.

989. Natural propensities of animals.

990. Interference by patron.

991. Assumption by patron.

CHAPTER XXIX

LIMITATION OF LIABILITY

§ 1000. Limitation upon liability possible.

Topic A. Methods of Making Limitations

1001. Mere notice not sufficient.
1002. Special contract necessary.

§1003. Acceptance of an instrument.

1004. Such acceptance not conclusive.

1005. Where consideration is found.

1006. Certain authorities more easily satisfied.

Topic B. Limitation of Exceptional Liability as Insurer

§ 1007. Such limitation not inconsistent with public duty.

1008. Statutory regulation of such contracts.

1009. Construction of the contract.

1010. Conflict of laws.

Topic C. Stipulations against Liability for Negligence

§ 1011. Such stipulation inconsistent with public duty.

1012. Authorities permitting such limitation.

1013. Such stipulations invalid in other services.

1014. Difficulties in the telegraph cases.

1015. Services outside of the profession.

1016. Services in course of business.

1017. Arrangements with connecting services.

1018. Stipulations in gratuitous arrangements.

Topic D. Validity of Special Stipulations

§ 1019. Limitation of valuation generally permitted.

1020. Qualification of this statement.

1021. Liability limited to set amount.

1022. Authorities opposed to such limitation.

1023. Stipulation for notification of loss.

1024. Little qualification of this doctrine.

1025. Similar stipulations in telegraph blanks.

1026. What time is reasonable.

PART VIII. TERMINATION OF SERVICE

CHAPTER XXX

END OF THE UNDERTAKING

§ 1030. When the undertaking is completed.

Topic A. How Long Service Continues

1031. Interruption in transit.

1032. Temporary absence from an inn.

1033. Transfer to connecting service.

1034. End of innkeeper's liability as such.

§ 1035. Termination of the carrier's liability as such.

1036. End of transportation.

1037. Reasonable time for removal.

1038. Whether notification is necessary.

Topic B. How the Service Is Terminated

§ 1039. Extent of obligation to deliver.

1040. Delivery by express companies.

1041. Delivery by telegraph companies.

1042. Delivery of goods by railroad companies.

1043. Delivery of bulky freight.

1044. Setting down passengers.

Topic C. Whether Delivery Is Properly Made

§ 1045. Performance according to instructions.

1046. Legal excuse for withholding delivery.

1047. Delivery to true owner.

1048. Delivery to wrong person.

1049. Delivery to the designated person.

1050. Demurrage charges.

1051. Full completion of performance.

BOOK IV. REGULATION OF PUBLIC

SERVICE

PART IX. RESTRICTION OF CHARGES

CHAPTER XXXI

GENERAL THEORY OF RATE REGULATION

§ 1060. General principles governing reasonableness.

Topic A. The Schedule as a Whole

1061. Reasonableness of the schedule as a whole.

1062. Many elements to be taken into account.

1063. Reduction of particular rates leaving sufficient total earnings.

1064. Rule of proportionality in sharing costs.

1065. Rates must be fair to all concerned.

1066. Interests of the companies to be considered.

1067. Interests of the public to be considered.

1068. Accommodation of both sought.

1069. Enlightened policy in rate regulation.