A Treatise on the Law of Carriers

[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.....

[REFERENCES ARE TO SECTIONS.]

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-

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

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..

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

[REFERENCES ARE TO SECTIONS.]

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

rates

..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

[REFERENCES ARE TO SECTIONS.]

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

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....

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

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

[REFERENCES ARE TO SECTIONS.]

Same subject-The rule stated.....

..646

But the carrier is not bound to suspend his voyage to preserve

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

Same subject

...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....

Same subject-Liability of carrier for innocent delivery to con-

signee though a swindler.....

....672

Same subject-The contrary view.

..673

Same subject

...674

Same subject-How where consigned to agent of carrier..........675

Same subject-How where consigned to consignee in care of another

person

...676

Buku

A Treatise on the Law of Carriers: As Administered in the Courts ..., Volume 2