A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England

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Callaghan, 1906 - 2350 halaman
 

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Same subjectStatutory regulationThe Interstate Commerce Act 523
608
Act must be construed broadly 528
614
Effect of second section on discriminative interstate contracts 537
620
Agreement for rebate does not void contract of carriage 547
626
Section three is more comprehensive than section two 552
629
Third section applies as well to passenger as to freight traffic 558
636
Joint rate is not a basis for local rate 566
642
Joint rates under section four 573
648
The reasonableness of a state rate must be determined without ref
654
Comparison of rates as a criterion of reasonableness 580
657
Effect of connecting and branch lines in determining the reasonable
663
Discrimination between localities 597
669
Same subjectDamage to other goods stowed in hold 606
676
Same subjectHow where goods are misdirected
677
Carriers duty to transport by usual route 613
682
Same subjectOption as to routes to be exercised with regard
684
Liability of carrier where notwithstanding an unauthorized devia
690
Same subjectNot excused by circumstances beyond his control 627
696
Space for cattle must be sufficiently ventilated 635
703
The failure of the shipper to furnish a caretaker does not excuse
709
Same subjectThe rule stated 646
712
Same subjectWhat time reasonable 652
718
Same subjectCircumstances may make delay a duty 656
724
CHAPTER IX
731
Carrier excused when goods taken from him by legal process
733
Duty to make personal delivery except where changed by usage 665
737
Same subjectThe rule in Massachusetts
741
Same subject 670
744
Same subjectThe contrary view 673
751
Same subjectCarrier not liable where wrong delivery induced
757
Same subjectThe rule stated 684
764
Notice must be actual 690
770
Duty and liability of carrier after notice
773
Necessity of notice may be dispensed with by contract 697
777
Same subject 703
785
Şame subjectDifference in situation of shippers may justify a pref
793
DELIVERY BY EXPRESS COMPANIES
801
Same subjectHow when goods are not to be delivered until paid
807
Same subjectRight to recover goods delivered without payment 730
813
Same subjectSeizure must not have been brought about by laches
829
Yet claim upon him by adverse claimant is sufficient 751
835
Who may exercise rightAgentWant of privity 759
842
Goods must be in the possession of some middleman 766
848
Same subjectEffect of agreed valuation in bill of lading when
853
Same subjectRemedy against consignee not conclusiveConsignee
858
Same subjectChange cannot be made after transportation com
859
The carriers right to an action to recover the goods when taken
861
His authority to sell the goods 785
869
Same subjectSale must be made where market and competition
876
TIIE CARRIERS RIGHT TO COMPENSATION
882
The rule when the freight is to be paid by measurement 812
902
Same subjectAcceptance of proceeds of sale made without con
908
Same subjectPayment of freight in such cases 823
914
When delivery deemed complete 829
920
Same subjectWhat are counted as lay daysDaysWorking
926
Same subjectParts of days 838
927
OF PASSENGER CARRIERS GENERALLY
990
Same subjectBound to protect as far as human care and fore
997
Degree of care required may vary with the circumstancesDuty
1002
Duty as to means of conveyance
1008
Responsibility for defects in vehicles and machinery attributable
1014
Responsibility for injuries caused by escaping sparks or cinders 912
1022
Liability for injury caused by concurrent action of two carriers 917
1030
Duty in respect of management and running of trains and vehicles 923
1036
Duty of railway carriers in respect to platforms approaches
1044
Same subjectBaggage rooms 932
1050
Same subjectLiability for obstructions on platforms 935
1057
Same subjectPassenger not justified in incurring danger to avoid
1066
Power of carriers to adopt regulations as to admissions into their
1073
Duty to keep roads vehicles etc in repair
1079
Same subjectNo liability when injury caused by a stranger 950
1087
Duty as to examination of vehicles and other apparatus 956
1091
Same subjectCompanies and corporations liable 960
1097
Same subjectRight to be carried on special or emergency trains 965
1106
Duty and liability as to carrying prisoners 971
1112
Same subjectWhen one passenger may be ejected for misconduct
1118
Same subjectCarrier bound to protect against assaults which
1124
Same subjectCarriers duty to protect passengers from injuries
1130
Same subjectDuty to persons coming to stations to assist pas
1137
Same subjectBlind and deaf passengers 993
1144
Same subjectPersons not passengers who voluntarily ride in places
1150
Same subjectPerson riding on employes pass 1004
1158
Same subjectInjury to passenger on platform by objects thrown
1164
Same subjectHow long the relation of carrier and passenger con
1170
Gratuitous passenger
1178
The contract to carryTickets 1028
1183
Same subjectWaiver of right to demand higher fare when paid
1192
In absence of contract ticket presumed to be for continuous trip
1198
Same subject 1044
1206
Same subjectBut contract for through carriage may be so made 1050
1212
Same subjectRoundtrip ticket requiring identification 1034
1221
Same subjectProvision that ticket shall not be good on certain
1225
Same subjectHow when ticket is apparently good 1062
1232
Same subjectBut passenger is not without remedy 1066
1239
Same subjectWhen limitation inures to benefit of connecting
1245
Carrier may enter into contract of indemnity with insurance com
1252
Ejection of passenger for breach of regulations
1258
Duty of carrier to tender back fare received before ejection 1086
1266
Whether due care has been used a question of fact 1091
1273
Same subjectLike rule governs as to liability of carrier by water
1279
Liability for indecent assaults on female passengers 1101
1286
Same subject 1107
1292
in safety 1111
1298
Same subjectExtraordinary and unexpected demand will excuse 1114
1304
Same subjectNot liable where reasonable time and opportunity
1312
Same subjectEffect of calling name of station 1123
1319
Same subjectCarrying passengers past platforms or stations 1126
1328
Same subjectLimit of the liability 1132
1336
Sleepingcar company not responsible for train connections 1137
1339
Duty to keep aisles free from obstructions 1144
1345
Government of merchant vessels 1152
1350
Duty of master to provide for safety health and comfort of passen
1356

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Halaman 586 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question: and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Halaman 586 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Halaman 659 - We do not say that there may not be other matters to be regarded in estimating the value of the property.
Halaman 586 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Halaman 585 - ... the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner whom he shall succeed.
Halaman 609 - railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.
Halaman 631 - Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or under its authority, or which it may own in whole, or in part, or in which it may have any interest direct or indirect except such articles or commodities as may be necessary and intended for its use in the conduct of its business as a common carrier.
Halaman 600 - ... property may be delivered or over whose line or lines such property may pass, and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company from the liability hereby imposed: Provided, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.
Halaman 577 - That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage or handling of property wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Halaman 587 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney* of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.

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