A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, Volume 2

Robert Hutchinson

Callaghan, 1906 - 2350 pages

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Index

REFERENCES ARE TO SECTIONS	532

Effect of section two on limitations on the value of the goods placed	533

Same subjectOption as to routes to be exercised with regard	536

General nature of carriers duty 494	538

Same subjectLiability of initial carrier for defective vehicles pro	544

Duty in respect to providing refrigerator or ventilated cars 505	551

Duty of carrier to accept goods for carriage 511	557

Same subject 516	563

Effect when contract is silent as to time of loading or discharge 842	935

Same subjectVessel to proceed to berth as ordered 850	941

Waivers of claim for demurrage 857	947

Same subjectCar service associations 861	953

Same subjectDuty of railroad company to maintain whip lashes	954

What charges the lien protects 866	960

Same subjectOther illustrations 878	971

Came subjectHow compares with innkeeper 883	977

Same subjectThe English rule 522	571

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

Same subjectThe rule stated	646

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

Carriers duty to transport by usual route 613	682

Tempestuous weather may render deviation by vessel necessary 616	685

Construction of clauses reserving leave to tow and assist other	692

Same subjectImplied authority of agent to agree to furnish cars	698

Same subject 648	701

Care due pregnant or sick animals 636	704

Carrier liable for his negligence in loading or unloading stock not	710

Preference may be given to perishable goods already received 649	713

How far carrier responsible for unavoidable delay 653	721

Same subject 659	727

Same subjectHow where goods are misdirected 677	731

Mode or place of delivery may be established by usageEffect	732

EXCUSES FOR NONDELIVERY	733

Last duty of carrier is delivery 662	734

Same subject	739

Responsibility for delivery to the wrong personNegligent delivery	741

Same subjectThe contrary view 673	751

Same subjectDoctrine of the cases stated 679	758

Same subjectThe rule stated 684	764

Notice must be actual 690	770

Necessity of notice may be dispensed with by contract 697	777

Same subject 703	785

Same subjectWhen question of notice becomes immaterial 709	792

Şame subjectDifference in situation of shippers may justify a pref	793

What is reasonable time for removal 712	796

Carrier entitled to full freight if prevented by owner from complet	801

How far usage may affect duty 718	802

Same subjectHow when consignee absent or cannot be found 723	808

In the absence of express authority agent of carrier cannot guaranty	815

Same subjectCarrier must give notice of seizure to owner 743	828

Carrier cannot of his own motion set up adverse title 750	834

How right exercised 758	840

Effect of attachment of goods by vendor 764	846

Not necessary that vendor obtain actual possession of goodsNotice	852

Lien on subfreight	859

from him or for an injury to them while in his custody 779	861

His authority to sell the goods 785	869

Lien not lost by delivery obtained by trick or fraud	871

Same subjectSale must be made where market and competition	876

Same subjectWhat does not amount to a waiver	877

THE CARRIERS RIGHT TO COMPENSATION	882

The amount of compensation for the carriage 804	892

Same subjectHow when consignee assigns bill of lading before	898

Freight pro rata itineris 814	904

Same subjectHow when transportation to destination impossible 818	912

No freight recoverable when ship captured by the public enemy 826	918

Same subjectDelays due to customs officers 836	925

Same subjectParts of days 838	927

When the passenger may be ejected for improper conduct	984

Tickets	986

Same subjectProvision that ticket shall not be good on certain	987

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	1060

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 subject	1105

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 subjectEjection of drunken passengers 978	1119

Same subjectCarriers duty to protect female passengers 982	1126

Same subjectDuty of carrier to protect passenger from arrest 987	1132

Sleepingcar company not responsible for train connections	1137

Duty of carrier toward sick aged and disabled passengers 992	1139

Degree of care required in the carriage of children 995	1145

Same subjectRiding on freight trains engines handcars etc 1000	1151

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

Such tickets in universal use 1029	1184

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 1054	1221

Same subjectHow when train does not stop at passengers des	1227

Same subjectWhere conductor on first line tears off coupon	1233

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

Same subjectEjection of females and sick or intoxicated passen	1259

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

Helping passengers to enter train 1112	1301

Carrier must give sufficient time to alight 1118	1307

Same subjectNot liable where passenger has evaded payment	1314

Same subjectWhere announcement is made by stranger 1124	1321

Helping passengers to alight 1127	1328

Same subjectLimit of the liability 1132	1336

Responsibility of sleepingcar company where sleepingcar does	1340

Duty to ventilate and heat cars 1143	1345

Government of merchant vessels 1152	1350

Duty of master to provide for safety health and comfort of passen	1356

Other editions - View all

A Treatise on the Law of Carriers: As Administered in the Courts of the ...
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Full view - 1880

TREATISE ON THE LAW OF CARRIER
Robert D. 1878 Hutchinson,J. Scott (Jacob Scott) B. 188 Matthews,William F. (William Frederick Dickinson
No preview available - 2016

A Treatise on the Law of Carriers as Administered in the Courts of the ...
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No preview available - 2015

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Common terms and phrases

affirming affreight agent arrival bailee bill of lading cargo Carr carriage carried charges circumstances citing Hutch common carrier subject connecting carrier consignee consignor contract corporation court damages defendant delay delivered destination discrimination duty entitled excuse express company fact freight furnish held liable injury Interstate Commerce Act Interstate Commerce Commission joint rates live stock livered loss Louisville & N. R. manner mission N. R. Co N. Y. Supp negligence notice owner Pacific Express Co particular party passengers plaintiff port proper question Rail Railroad Co railroad company Railway Railway Co reasonable receive refused regulate rier road route rule S. W. Rep ship shipment shipper signee statute Steamboat stowage stowed Swannick tariffs thereof tion traffic trans transportation U. S. App United unjust unreasonable usage vehicles vessel wharf

Popular passages

Page 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.‎

Appears in 585 books from 1819-2005

Page 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...‎

Appears in 577 books from 1856-2005

Page 659 - We do not say that there may not be other matters to be regarded in estimating the value of the property.‎

Appears in 791 books from 1861-2007

Page 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.‎

Appears in 532 books from 1798-2005

Page 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.‎

Appears in 321 books from 1856-2006

Page 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.‎

Appears in 505 books from 1845-2000

Page 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.‎

Appears in 421 books from 1856-2004

Page 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.‎

Appears in 344 books from 1803-1999

Page 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.‎

Appears in 520 books from 1833-2007

Page 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.‎

Appears in 410 books from 1852-2007

Bibliographic information

Title	A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, Volume 2 A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, William Frederick Dickinson
Author	Robert Hutchinson
Editors	Jacob Scott Matthews, William Frederick Dickinson
Edition	3
Publisher	Callaghan, 1906
Length	2350 pages

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