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[REFERENCES ARE TO SECTIONS.]
Same subject-Duty to furnish facilities to express companies with-
Same subject-The "Express Cases" in the United States Supreme
Court
.517
.....
Right of one express company to use the facilities of another ex- press company
518
Granting preference to one connecting carrier over another...
Giving preference to one shipper over another...
.519
.520
Same subject-Discrimination in rates......
521
Same subject-The English rule....
..522
Same subject-Statutory regulation-The Interstate Commerce Act.523
Who are subject to the Act......
..524
What shipments are subject to the Act..
..525
Effect of joint rates in bringing a railroad within the scope of the
act-Commission has power to establish joint rates under cer-
tain conditions
526
Principal objects of Act....
.527
Act must be construed broadly..
.528
Reasonableness of rates-Necessity of actual tender of merchandise
for shipment ....
......
...529
Interests of public predominant on questions of reasonableness of
rates
530
Value of goods should be considered in fixing a reasonable rate-
Weight and bulk of goods.....
531
Mileage is not the controlling factor in fixing a reasonable rate....532
On questions of reasonableness of rates, a comparison of rates is of
small importance
.533
What is a reasonable rate may vary with the season of the year....534
Second section of Interstate Commerce Act modelled on English
Act
.535
Purpose of second section.
.536
Effect of second section on discriminative interstate contracts.....537
Discrimination must be unjust-Milling in transit agreements-
Compressing cotton en route....
Shippers must be placed on absolute equality...
.538
.539
..540
A lower through rate not necessarily discriminative.....
Discrimination may be in passenger service, as well as property...541
Reasonableness of rate not necessarily involved in section two.....542
A distinction exists between wholesale rates in freight and passenger
traffic-Party rates
Car load is usually taken as the unit in fixing freight rates...
Rebate equal to cartage charges is discriminative......
Payment of carrier's prior debt by carriage as discrimination.
Agreement for rebate does not void contract of carriage.....
543
.544
.545
.....546
.547
Effect of section two on limitations on the value of the goods placed
in bills of lading....
..548
Question of relative rates is involved in section two.....
...549
Failure to pay expenses no excuse for unjust discrimination under
section two
....550
Third section of Interstate Commerce Act modelled on English Act-
Their difference
.551
Section three is more comprehensive than section two....
Questions of undue or unreasonable prejudice or preference are ques-
tions of fact .....
..552
..553
...554
Origin of goods immaterial under section three...
Carriage of articles or commodities manufactured, mined or pro-
duced by carrier-Section three applies to carriage of timber
and manufactured products thereof which are excepted by sec-
tion one ....
..555
.....556
Discrimination in carriage of live stock and affording proper facili-
ties under section three ...
Discrimination in coal car distribution under section three........557
Third section applies as well to passenger as to freight traffic......558
Real and substantial competition justifies dissimilarity in rates....559
Third section does not relate to acts, the result of conditions beyond
the control of carrier......
Competition may be between railroads..
....560
...561
Competition of ocean lines should be taken into consideration.....562
Interests of shipper, carrier and public should be considered.......563
Rules as to competition summarized.....
...564
Condition that initial carrier shall have right to route beyond its
own terminal is valid.......
....565
Joint rate is not a basis for local rate......
...566
Requiring prepayment of freight by connecting carrier is not unjust
discrimination
....
.....567
Duty to afford equal facilities for interchange of traffic..... ....568
Question of similarity or dissimilarity of circumstances under sec-
tion four is one of fact... . . . .
Real and substantial competition a factor under section four..
"Basing Point System" is not illegal under section four....
...569
.....570
..571
Competition must not be conjectural...
Joint rates under section four.....
Discrimination in rates-State Statutes....
Power of a state railroad commission to establish rates..
...572
..573
...574
...575
..576
A state has no control over interstate rates.....
......577
The reasonableness of a state rate must be determined without ref-
erence to carrier's interstate business.....
Reasonableness of state rates should be determined by a study of
the rates themselves ..
.....578
Mileage as a factor in determining the reasonableness of rates....579
Comparison of rates as a criterion of reasonableness..
580
A rate on a single article may be unreasonable......
..581
Carrier entitled to reasonable profits on property used by it..
How value of railroad's property is determined....
...582
.583
Courts should be fully advised of receipts and earnings of a railroad.584
Cost of local business is greater than cost of interstate business...585
Effect of connecting and branch lines in determining the reasonable-
ness of a rate......
...586
A rate, though reasonable, should not tend to create a monopoly....587
Discrimination to be actionable must be unjust....
.588
A special rate is not always unjustly discriminative..
A "rebilling" rate may be discriminative.....
Free passes are discriminative....
..589
..590
.591
An extra charge may be made for a shipment received off the car-
rier's own line......
...592
Discrimination in transfer of stock from narrow-gauge to standard-
gauge cars
.....593
Right of carrier to recover from shipper the difference between the
discriminative and regular rate
.594
Through rate may be less than sum of locals....
..595
Right of state to compel the issuance of mileage tickets at reduced
..596
Discrimination between localities
..597
.....598
A state may regulate domestic long and short haul rates....
A shipment is an entirety in reference to long and short haul clause.599
Special contracts with shippers not impossibilities under long and
.....600
short haul clause.....
Competition not a factor in construction of Kentucky long and short
haul clause
Same subject-Usage as affecting the right to stow on deck in par-
ticular instances
Same subject-Damage to other goods stowed in hold..
.605
.....606
Same subject-Rule as to stowage in hold confined to vessels on
seas and great lakes.....
......607
Same subject-Inland vessels subject to same rules as carriers on
land
....608
Same subject-Damage to goods in discharging cargo..
Stowage upon freight cars of railroad companies...
...609
...610
The goods must be carried in the customary mode or according to
Same subject-Choice of routes when one dangerous..
...614
Same subject-Option as to routes to be exercised with regard to
the shipper's interest......
....615
Tempestuous weather may render deviation by vessel necessary....616
The obligation to carry in the manner provided by the contract....617
Same subject-Carrier liable for loss if contract not observed......618
Same subject
...619
...620
Liability of carrier where, notwithstanding an unauthorized devia-
tion, the goods arrive on time......
Construction of clauses in contracts of affreightment permitting
deviations-Printed forms
.....621
...622
Construction of clauses reserving leave to tow and assist other
vessels
...623
Carrier not liable if loss occurs through misconstruction of bill of
lading by shipper......
The goods must be carried at and within the time agreed on.......625
Same subject-Illustrations
Same subject-Not excused by circumstances beyond his control...627
Same subject-Shipper must not be in default.......
Same subject-Carrier may agree to hold the goods for transporta-
tion until a future date....
.....624
..626
628
.....629
Same subject-Implied authority of agent to agree to furnish cars
on given day....
....630
Care to be taken of the goods in case of delay or accident in the
Rule in Michigan with reference to caring for live stock.....
Carrier must provide suitable places for feeding and watering live
..637
stock ....
......638
Carrier's duty as to management of vehicles containing live stock..639
Shipper may assume duty by contract to care for live stock in
transit
640
....641
Same subject-But carrier must afford shipper reasonable oppor-
tunity and facilities for performing his contract.....
The failure of the shipper to furnish a caretaker does not excuse
any subsequent negligence on the part of the carrier...........642
Carrier liable for his negligence in loading or unloading stock not-
withstanding contract that shipper shall do so-Effect of negli-
gence by shipper..........
......643
Negligent delay by carrier ordinarily no excuse to shipper for refus-
ing to comply with his contract to care for stock..... ..044
Duty of carrier in general to avert injury to goods transported....645
Same subject-The rule stated.....
..646
But the carrier is not bound to suspend his voyage to preserve
the goods
..647
..648
Preference may be given to perishable goods already received......649
So preference may be given to preservation of life.....
..650
Same subject-Circumstances may make delay a duty.
Same subject-Delay from strikes or riots......
...656
...657
Carrier must complete carriage when cause of delay removed.. ..658
...659
Power of the owner of the goods to change their destination-Lia-
bility for freight....
.660
Right of owner to terminate carriage short of destination..
..661
Duty to make personal delivery except where changed by usage....665
Same subject ..
...666
Same subject-How delivery made-Degree of diligence required....667
Excuses for non-delivery-Neither fraud, imposition nor mistake
will excuse delivery to wrong person...
Responsibility for delivery to the wrong person-Negligent delivery
to person not the consignee....
......668
...669
...670
....671
Same subject-Liability of carrier for innocent delivery to con-
signee though a swindler.....
....672
Same subject-The contrary view.
..673
...674
Same subject-How where consigned to agent of carrier..........675
Same subject-How where consigned to consignee in care of another
person
...676