A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, and of the Rights and Liabilities Incident to the Location, Construction and Operation of Railroads; Together with Their Duties, Rights and Liabilities as Carriers, Including Both Street and Interurban Railways, Volume 5

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Contents

The relation of passenger 2407 Duty to protect passengers
29
Trespassers and intruders
32
Trespassers and intrudersIllustrations
36
Taking passage on freight trains handcars and the like
37
Nature of the liability as a carrier of passengers
39
Accidents
40
Degree of care required of railroad passenger carriersGeneral rule
43
Duty as to roadbed and tracks
47
Duty as to engines cars equipments and appliances
48
Duty to provide and equip trains with modern and improved appliances
51
Duty to make provisions for feeding passengers en route 2402 Care required in operation of trains
53
Vestibuled trainsLeaving doors or gates open
59
Station buildingsDepotsNegligence in maintaining
60
Station buildingsLighting
63
Station buildingWaitingroomHeating 2407 Duty to protect passengers from injury by third persons
65
Protection of colored passengers
67
Protection from injury by strikers
68
Protection of female passengers from insults and annoyance
69
CHAPTER LXXVI
74
Rate of fareState regulationInterstate Commerce
81
Ticket as evidence of passengers rightsLoss of ticket
84
Conclusiveness of ticketsDecisions partially reconciled
90
Stopover privileges
93
Through ticketsCoupons
94
Round trip tickets
98
Limited tickets
99
Nontransferable tickets
104
Identification of purchaser of ticket
106
Commutation and mileage tickets
107
Excursion tickets
110
Mutilated tickets 2428 Rules requiring passengers to exhibit tickets to gate keepers be fore entering trains
112
Conductors checks
114
Fare paid on train
117
When person riding on a pass is a passenger and when
120
Drovers riding on passes
124
Duty to person riding on pass
126
Conditions in passes
128
Validity of stipulation exempting carrier from liability for negli
129
gence
131
Injury to person riding on pass
134
Persons other than the one entitled to use a pass riding thereon Fraud
136
Contract to give passes
137
Interstate commerce
141
Statutes prohibiting the granting of passes
142
Effect of subsequent statute rendering performance of contract in regard to pass impossible
143
Rights of persons holding passes to be carried in sleeping and parlor cars
145
Baggage of person riding on pass
146
CHAPTER LXXVII
148
Duty to furnish accommodations
151
Liability for representations of agents as to operation of trains
152
Duties and liabilities of sleeping car and parlor car companies Generally
153
Refusal to furnish berthRight of railroad company to determine on what trains or tickets sleeping car berths shall be furnished
155
TicketsBerths
156
Duties of sleeping car companies to passengersIllustrative in stances
158
Duty to furnish means of getting in and out of berths and to keep aisles free from obstructions
161
Duty as to property of passengers
162
Baggage of passengersLoss ofNegligence
167
Contributory negligenceLoss of baggage or property
169
Relation of railroad companies to passengers traveling in sleep ing car or parlor car company coaches
170
Relation of railroad company to passenger in sleeperEmploye Contract against liability
173
Railroad companies may require compensation for sleeping
174
Extra fares for riding in parlor cars 2465 Limiting liability Contract_Notice
175
CHAPTER LXXVIII
178
Boarding and alighting from trainsGenerally
181
Boarding and alightingContributory negligence
186
Injuries received in boarding trainsIllustrative cases 2474 Injuries received in alightingIllustrative cases
197
Injuries received in alightingAnnouncement of station
200
Injuries received on freight trains
202
Injuries to passengers riding on platforms and steps
209
Passenger on platformWhen company liable
214
Injuries to passengers riding in baggage
217
Injuries received by passengers riding in other dangerous and improper places
219
Injuries received by passenger occupying an improper position in
222
Injuries caused by derailment
227
Collisions
231
Injuries from obstructions
235
Sudden stopping of train in emergency
238
Ejection of passengers
239
Care in ejecting
244
EjectionResistance by passenger
247
Assaults and injuries by employes
250
Injuries caused by other passengers and third persons
260
Injuries caused by third personMissiles 2492 Injuries received in sleeping cars
266
Injuries received at stations
269
Injuries to health of interurban passengers from exposure to cold in stalled cars
276
Contributory negligence
278
Contributory negligenceIllustrative cases
280
Effect of directions by trainmen to occupy dangerous position 2498 Burden of proof
289
Contracts limiting liability
293
Miscellaneous CHAPTER LXXIX
298
BAGGAGE
302
SECTION 2505 Definition
303
What things are personal baggage
304
When a question for the jury and when for the court
311
Merchandise as baggage
313
Papers books and documents
318
Excess of baggage
319
Baggage of infant traveling with parent without paying fare 2512 When company is liable as a common carrier
322
When company is liable as a warehouseman
325
Gratuitous bailee
330
Baggage of ejected passenger 2516 Delivery to the company
331
Rule where passenger retains custody of baggage
333
Baggage checks
336
Baggage on one train and owner on another
340
Baggage on street cars
342
Rule where baggage is received by mistake
343
Baggage shipped over connecting roads
344
Connecting roadsJoint agentCustom 2524 Delivery by companyDuty of owner
348
Liability for loss injury or delay
350
Limiting liability
353
Carriers lien on baggage
356
Measure of damage for loss or delay in transportation of baggage 2529 Hepburn ActCarmack and Cummins Amendments
360
CHAPTER LXXX
364
Private interests of railroadsLimits to governmental control 2538 The source nature and extent of the federal power over inter state railroads
371
Commerce clause of the federal constitutionGenerally
379
State power as limited by the commerce clause of the federal constitution Generally
380
The interstate commerce actGenerally
384
Construction of the interstate commerce
386
The police power as affected by the commerce clause
389
Police powerOther cases
392
State statutes held to be regulations of interstate commerce 2546 State statutes held not to be regulations of interstate commerce 2547 State regulation...
402
1
403
State regulationTwocent fare
406
Interstate commerce
410
The interstate commerce commissionPower of commission Recent amendments
413
Interstate commerce commissionFindings and ordersEnforce ment and review
417
Monopolies and trustsSherman Act and later acts
429
Railroads engaged in domestic commerceWhen a railroad is interstate
430
CombinationsPooling
431
DiscriminationUndue preference What is under the inter state commerce
436
Discrimination or preference in furnishing cars and expediting shipments
439
PreferenceDiscriminationWhen not unjustDifferences in circumstances and conditions
440
Undue preferenceDiscrimination Illustrative instances 2561 DiscriminationUndue preferenceClassification
447
Undue preferenceQuestion one of mixed law and fact
449
Rebates as affected by the interstate commerce
450
Formation of connecting linesPreferenceTerminal facilities
453
Long and short haulsPrior to amendment of 1910
454
Long and short haulsChanges made by subsequent amendments
462
Group rates
463
Interchange of businessInterchange of cars without breaking bulk
465
Joint tariffsThrough rates
467
Transit privilegesMilling in transit
471
Reconsignments 2572 Icing and refrigeration
474
Party ratesMileage and commutation ticketsInterchange
475
Violations of the interstate commerce actIndictment
477
Remedies and practice
479
Recent decisions under latest acts of Congress
483
Recent war acts and decisions
487
Recent controversy in regard to twocent fares and other rate regulations
490
1
493
CHAPTER LXXXI
497
Reasonableness of ratesBasis on which capital or investment is to be determined
498
Reasonableness of ratesCost of reproduction
502
Reasonableness of ratesExpenses
503
Reasonableness of ratesRate of return or profit
506
Reasonableness of ratesSystem and schedule as entirety Losses on part of system
508
Apportionment of values and expenses between intrastate and interstate business
509
Minnesota Rate Cases
512
Reasonableness of separate rateGenerallyRights of shipper
515
Reasonableness of separate rateHow testedElements to be considered
516
Reasonableness of rateWhat the traffic will bear
520
SchedulesWhen presumption of law as to reasonableness of rate
522
Changes in rates
525
Remedy of carrier where rate regulation is confiscatory
528
CHAPTER LXXXII
531
Changes in first paragraph of section 1 of Interstate Commerce
533
Duty to furnish transportationThrough routes and just and reasonable rates 2608 Classification of propertyRegulations and practices affecting transpo...
534
Car service
535
Extension and construction of new linesAbandonment of line 2611 Car service and extension of lineSafe and adequate facilities
537
Limitation of authority of commission as to extension or aban donmentSpur tracks etc Street and interurban railways 2613 Special rates and rebates p...
538
Carrier must keep possession of freight until charges and rates paid 2615 Equal facilities and terms to connecting linesTerminal facilities and compen...
539
Long and short hauls
540
PoolingDivision of traffic or earnings 2618 Acquisition of control of another carrier
541
Consolidation Systems
542
ConsolidationProblems presented
543
Schedules of rates etc and traffic contractsMaximum and minimum proportional rates to and from ports
545
Investigation and authority of commission over rates etc not
546
Transportation Act 1920Termination of Federal controlEx tent to which powers of President with drawn
577
Settlement of matters arising out of Federal controlAppropria tions
578
Compensation of carriers with which no contract madeEffect of acceptance of benefits 2663 Reimbursement of deficits during Federal control
579
Inspection of carriers records 2665 Causes of action arising out of Federal control
582
Payment and enforcement of judgmentsLimitations of actions 2667 Refunding of carriers indebtedness to United StatesSetoff
585
Funding indebtedness for additions and bettermentsWhere in debtedness for equipment is not refundable 2669 Notes and other evidences of indebte...
586
Existing rates to continue in effect
587
Guaranty to carriers after termination of Federal controlDefi nition of terms used
588
Guarantees by United States enumerated
589
Guaranty in excess of minimum railway operating income
590
Computation of operating income or deficit
591
Ascertainment and payment of amounts of guaranty 2676 Advances to carriers during guaranty period
592
New loans to railroadsApplication therefor 2678 Hearing of application and certificate of findings thereon by com mission
593
Terms and conditions of new loans 2680 Advice or assistance from Federal Reserve BoardAppropriation
594
Evidences of indebtedness to United States by carriers
595
GenerallyScope of chapter
596
PleadingUltimate factsConclusions
597
Direct averment of essential factsInferences 2693 Negligence may be pleaded generally
599
TheoryVariance
601
Construction of pleadings
603
Essential elementsDuty breach of duty and resulting injury
604
Burden of proof
608
Judicial knowledge
612
Evidence
615
Particular cases to be considered
622
Remedy for breach of duty as public or common carrier Mandamus 2702 Remedy for refusal to carryAction for damages
625
Actions against common carriersParties
627
Actions against common carriersForm of action
630
Actions against common carriersPleading 2706 Actions against common carriersEvidence
636
Actions for injuries to passengers
638
Actions for injuries to employes
642
Pleading ordinances
649
Inspection and physical examination of party
653
Experiments and practical testsReal evidence 2712 Presumptions
658
Withdrawing the case from the jury
664
Physical facts
670
Physical factsSuction of train 2716 Mode of submitting cause to jurySpecial verdictFederal courts
672
Misconduct of counsel
674
CHAPTER LXXXV
678
Right to sue third persons for injuries to goods
679
Actions for breach of contract of transportation generally 2727 Actions for refusal to receive or carry
682
Replevin by consigneeTender of freight charges
684
Actions for transportation charges
685
Delay in transportation not equivalent to conversion 2731 Actions for loss or injury where carrier acts as warehouseman
687
PleadingDelay in transportation
691
PleadingLoss or injury of goods in transit
692
PleadingInjuries to live stock
696
PleadingFailure or refusal to deliver goods to consignee
698
Pleading limitation of liability
699
Pleading failure to give notice of claim of damages 2738 Prima facie case of loss or injuryPresumptionsBurden of proof
701
Presumptions and burden of proof in case of injury to live stock
703
Burden of proof in case of delay in transportation 2741 Burden of proof that injury could have been avoided notwith standing vis major
707
EvidenceBill of lading
708
Evidence of the shippers assent to limitations
709
Evidence in cases of delay in transportation 2745 Evidence as to loss or injury
711
EvidenceFailure or refusal to deliver
713
Miscellaneous questions of evidenceInjuries to live stock 2748 Pleading and proof where goods have no market value
717
Damages for breach of contract to carry
718
Damages for delay
721
Damages for delay Special damagesLoss of profits
724
Damages for delaying notice of arrival of goods
726
Speculative and remote damages
727
Damages for injuries to goods or stock in transit
728
Damages for injury to animalsHire of other animals
730
Damages where damaged articles sell for more than valuation in bill of lading
731
Damages in case of agreed valuation and less than total destruc tion or loss
732
Shipper cannot refuse to accept partially damaged shipment and hold carrier for total lossDamages for injury
733
Damages for loss of goods
734
Damages for loss of commercial paper
735
Damages for loss of architects plans
736
Damages for nondelivery of shipment
737
Exemplary damages for refusal to deliver 2764 Instructions Generally
738
InstructionsFailure to furnish cars
739
InstructionsDelay in transportation of goods
741
InstructionsDelay in shipment of live stock because of failure to furnish cars
742
InstructionsDelay in transportation of live stock
746
InstructionsLoss or injury to live stock during transportation 2771 Approved instructionsFailure to take proper care of live stock during transportation
750
InstructionsInjury from failure to feed and water stock
755
InstructionsInjury to and loss of stock because of defective or insufficient pens
758
Approved instructions as to stock pens 2775 InstructionsBad condition of stock when received as affecting liability
760
Instructions Injuries resulting from loading unloading or
763
InstructionsLoss of or injury to goods in transit
765
Approved instructions in case of loss or delay caused by act of
768
InstructionsFailure or refusal to deliver goods to consignee
769
InstructionsLiability as between initial and connecting carriers
770
Approved instructions in cases of connecting carriers
774
InstructionsMeasure of damages for injury to or loss of goods and live stock during transportation
777
CHAPTER LXXXVI
785
PleadingExistence of passenger relation
786
PleadingInjuries to passengers generally
788
PleadingInjuries from failure to heat cars
790
PleadingInjuries to street and interurban railway passengers
791
PleadingEjection of passengers
793
PleadingInjuries at crossings
794
PleadingWilful and wanton injury at railroad crossing
797
PleadingInjuries to trespassers on tracks or premises
798
PleadingStreet and interurban railway injuries 2799 PleadingCollision between steam and street cars at crossings
801
PleadingInjuries to servants
802
PleadingAssumption of risksPromise to repair
806
PleadingFellowservant rule
808
PleadingRules for regulation of employes
810
PleadingInjuries to trainmen from low overhead bridges 2805 PleadingContributory negligence
811
PleadingDamages
813
PleadingGeneral and special damages
814
PleadingExemplary damages
817
Plea of release of damages by acceptance of benefits in a relief association
818
Presumptions and burden of proof as to existence of passenger relation
819
Presumption and burden of proof of ownership of road or engine causing injury
820
Presumptions and burden of proofStreet and interurban car col lisions with travelers
821
Presumptions and burden of proofPromulgation of rules 2815 Burden of proof where injury received while disobeying rule of employer
824
Expert testimony and competency of experts
825
Photographs as evidence
828
EvidenceWhether injured person was a passenger 2819 EvidenceTicketsBest and secondaryPatrol
832
EvidenceInjury to passenger on carriers premises
833
EvidenceInjuries to passengers in boarding or alighting from cars
834
EvidenceInjuries to passengers in course of transportation
836
EvidenceWrongful ejection of passengers
839
EvidenceStreet and interurban railway injuries to travelers on street
841
EvidenceStreet and interurban railway injuriesWhether traveler used proper care for his own safety
842
EvidenceInjuries at railroad crossings
843
EvidenceCare by plaintiff to avoid injury at cro rossing
847
EvidenceInjuries to persons on track away from crossing
849
EvidenceInjuries to employes
851
EvidenceFurther of injuries to employes
855
EvidenceFurther of injuries to employesLow bridges and other overhanging objects 2832 Injuries to employesRes ipsa loquiturMiscellaneous
860
Miscellaneous questions of practice and evidenceIndemnity in surance
861
Effect of verdict against company and in favor of codefendant
862
Object of damagesKinds 2841 Necessary that damages should be proximate result of negli
867
gent actSpeculative damages
870
Prospective damagesReasonable certainty required
873
Exemplary damages
875
Duty of injured person to minimize damages
882
Minimizing damages Submission to surgical operations
885
Effect of insurance
886
Aggravation of existing injuries
887
Social or financial condition of partiesCharacter and habits
889
Loss of time and earningsEmployment of substitute
891
Earnings and profits of business
894
Payment of wages and expenses during disability
896
Board of injured person pending recovery
897
Impairment of capacity to earn money
898
Impairment of capacityExpectancy of life
900
Impairment of capacityEvidence
903
Pain and suffering
905
Mental anguish
907
Fright
911
Peril as an element of damages
914
Disfigurement deformity and loss of functions 2863 Expenses of medical treatment and nursing
917
Ejection of passengers
925
Interest
929
Amount of damagesWhether excessive
930
Excessive damagesJudgments or verdicts held excessive
932
Excessive damages Judgments or verdicts held not excessive
933
Remittitur
935
Inadequacy of damages
937
employe
938
Injuries to passengersIn general
945
Degree of care required of carriers of passengers
952
Care required of passengers
957
Contributory negligence and assumption of risks by passengers
958
Wilful injury of passengers
965
Improper speed of cars 2887 Injuries to passengers by trainmen or other passengers
966
Ejection of passengers
970
Liability to persons accompanying stock
977
Condition of depots cars and premises
978
Taking up of passengers
984
Setting down passengers
990
Injuries to passengers from collision or derailment 2894 Burden of proof in actions for injuries to passengers
1007
Must be confined to issues
1010
Must be confined to the evidence
1013
Invasion of province of jury
1016
Assumption of facts in issue
1018
Damages for injuries to passengers
1021
Injuries to trespassers and licensees
1023
Injuries at railroad crossings
1030
Injuries to persons near railroad tracks
1041
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Page 462 - Act to charge and receive as great compensation for a shorter as for a longer distance; provided, however, that upon application to the Commission appointed under the provisions of this Act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved...
Page 550 - ... are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto (whether agreed upon by such carriers, or any of them, or otherwise established), the commission shall by order prescribe the just, reasonable, and equitable divisions thereof to be received by the several carriers, and in cases where the joint rate, fare, or charge was established pursuant to a finding or order of the commission...
Page 550 - Commission and the divisions thereof are found by it to have been unjust, unreasonable, or inequitable, or unduly preferential or prejudicial, the Commission may also by order determine what (for the period subsequent to the filing of the complaint or petition or the making of the order of investigation...
Page 547 - ... prescribe the rate, fare, or charge, or the maximum or minimum, or maximum and minimum, thereafter to be charged, and the classification, regulation, or practice thereafter to be observed ; in such manner as, in its judgment, will remove such advantage, preference, prejudice, or discrimination.
Page 546 - State authorities in the enforcement of any provision of this act. "(4) whenever in any such Investigation the commission, after full hearing, finds that any such rate, fare, charge, classification, regulation, or practice causes any undue or unreasonable advantage, preference. or prejudice as between persons or localities In intrastate commerce on the one hand and Interstate or foreign commerce...
Page 550 - In so prescribing and determining the divisions of joint rates, fares and charges, the Commission must give due consideration, among other things, to the efficiency with which the carriers concerned are operated, the amount of revenue required to pay their respective operating expenses, taxes, and a fair return on their railway property held for and used in the service of transportation...
Page 416 - Commerce leaves common carriers as they were at the common law, free to make special rates looking to the increase of their business, to classify their traffic, to adjust and apportion their rates so as to meet the necessities of commerce and...
Page 594 - ... that the prospective earning power of the applicant and the character and value of the security offered are such as to furnish reasonable assurance of the applicant's ability to repay the loan within the time fixed therefor...
Page 546 - Whenever in any investigation under the provisions of this Act, or in any investigation instituted upon petition of the carrier concerned, which petition is hereby authorized to be filed, there shall be brought in issue any rate, fare, charge, classification, regulation, or practice, made or imposed by authority of any State...
Page 559 - All complaints for the recovery of damages shall be filed with the Commission within two years from the time the cause of action accrues, and not after...

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