ANNOTATIONS--Continued.

Carriers-Continued.

Connecting lines. When contracts limiting liability do not inure to
benefit of all. 474.

Construction of statutes restraining carriers in the limitation of their
common-law liability. 521.

Conversion: when carrier is guilty of. 562.

Delivery of goods without requiring production of bill of lading. 508.
Failure to provide shipping facilities. One shipper crowding out
another. 538.

Insurer's right of subrogation against carrier. 521.

Liability for refusal to receive freight. 538.

Liability of railroad transporting cars of another company. 524.
Massachusetts statute making railroads liable for damages done by fire
communicated from locomotive. Goods in warehouse. 530.

Measure of damages for delay in carriage of goods. 543.
Risk assumed by, of delivering goods to right person.

517.

Validity of stipulations limiting time within which claims for damages
must be presented. 546.

What amounts to contract to ship to destination. 496.

When liability as, ceases and liability as warehouseman begins. 455.

Collision.

Railroad. Action may be maintained against either company. 23.

Violation of ordinance limiting speed does not excuse. 15.

Crossing.

Approaching crossing with view obstructed, slowly, looking and listen-
ing, but not stopping. 157.

Approaching during snowstorm at rate of ten miles an hour. 155.
Approaching with head muffled up. 155.

Attempting to cross after gate is lowered. 154.
Contributory negligence of one familiar with. 158.

Crossing by custom and license: duty of railroad at.

55.

Crossing of railway and private track: collision at.
Driving across track in view of train. 156.
Duty of traveller approaching crossing when view is obstructed.
Duty of traveller to stop, look, and listen before going on track. 70.
Effect of failure to give statutory signals at.

23.

114.

6.

Evidence as to signals at. 6.

Evidence of flagman's negligence on previous occasion. 163.
Failure of foot-passenger carrying umbrella to stop and look. 155.
Failure to stop at right place. Whipping up horses after discovering
train. 81.

Finding dead man at crossing. Evidence to render railroad liable. 160.
Flagman: duty of railroad to post.

100.

Flagman: right of public to rely on presence and care of. 89.

Following directions of gateman at, is not contributory negligence. 155.
Frightening horses at crossing by noises from crossing. 159.

Going on track without looking to right or left when train is in sight.
156.

ANNOTATIONS—Continued.

Crossing-Continued.

Horses frightened at crossing by train passing at unlawful rate of speed.
159.

Horse frightened at drawbar. Encroachment on crossing. Question
for jury. 159.

Injury caused by attempting to pass between stationary cars. 30.
Injury caused by irregular train running at unexpected time and at ex-
traordinary speed. 121.

Injury to child at, contributory negligence. 158.

Making flying switch at. 64.

Negligence of railroad in obstructing view of tracks by leaving cars
standing near.

100.

Noise of wagon. Contributory negligence in not stopping. 154.
No rate of speed at, is negligence per se. 120.

Obligation of railroad to restore highway and keep in repair. Liability
for injuries caused by defective crossing. 196.

Private: duty of railroad at. 37.

Railroad having power to cross streets, manner of doing so is discre-
tionary. 182.

Railroad. Railroad collision. Action may be maintained against either
company.

23.

Rule requiring person approaching crossing to stop, look, and listen.

156.

Street-car driver in approaching, must exercise highest degree of care.
23.

View obscured by smoke. 155.

What amounts to contributory negligence at. 154.

Damages. See STREETS AND HIGHWAYS.

Duty of railroad to post at crossing. 100.

Right of public to rely on presence and care of, at crossing. 89.
Flying Switch.

Making, at crossing. 64.

Fire.

Allegation of ownership is essential in action for destroying property
by. 323.

Contributory negligence as a defence in actions for setting out. 342.
Evidence to show subsequent emission of sparks by same engine. Length
of time. 364.

Massachusetts statute making railroads liable for damages done by fire
communicated from locomotive. Goods in warehouse. 530.
Negligence of railroad in leaving combustible material on right of way.
372.

Presumptions of negligence in actions for causing. 328.

Proof of fires caused and sparks emitted at other times. 338.

Use of spark-arresters which will altogether prevent fire from escaping.
317.

Independent Contractor.

Liability of railroad for torts of. 26.

Indictment.

Indictment of railroads for non-repair or obstruction of highways. 199.

ANNOTATIONS—Continued.

Injunction.

Private owner cannot obtain, for unauthorized occupation of street
unless he suffers special damage.

270.

Injunction the proper remedy for the unauthorized occupation of streets
and highways. 270.

Interstate Commerce.

Establishment of rates upon a mileage basis not required. 595.

Failure to furnish cars owing to inability no violation of the act. Duty
to furnish cars ratably. Preferences. 616.

Railroad ties. Improper rate by improper classification. 595.

Underbilling: conclusions and recommendations of the commission
concerning. 595.

Grant of right to build railroad between two termini does not create.
219.

No rate of speed at crossings is negligence per se. 120.

Ordinance.

Violation of, limiting speed does not excuse contributory negligence.

15.

Private Switch Track.

Liability of railroad for injuries on. 23.

Rates.

Authority of board of transportation to fix rates. 438.

Contract for reduced rate not contrary to public policy because lower
than ordinary rate. 417.

Power of board of transportation to determine charges in advance of

rendition of service. 437.

Rebates: as to allowance of, generally. 417.

Rebates: shipper cannot recover, in Illinois. 417.

Receivers.

Liability of, for negligence, etc. 413.

Stoppage in Transitu.

Right of, not defeated by attachment by general creditor. 567.

Street-car driver in approaching crossing must exercise highest degree
of care. 23.

Streets and Highways.

Authority to impose on railroad the duty to make bridges and crossings
over new streets and highways. 276.

Changing grade of, by railroad under authority of city. 170.

ANNOTATIONS-Continued.

Streets and Highways-Continued.

Constitutional provisions. Taking. Damaging. 253.

Damages for the occupation of, by railways. 251.

Indictment of railroads for non-repair or obstruction of. 199.

Injunction. Private owner cannot obtain unless he suffers special
damage. 270.

Injunction the proper remedy for unauthorized occupation of. 270.
Laying out, across railroad track. Damages recoverable by railroad.
278.

Measure of damages for the occupation of, by railways.

252.

No compensation for diversion of trade caused by railroad in. 254.
Paving and repairing street by city at expense of railway company. 299.
Railroad having power to cross, manner of doing so is discretionary.

181.

Railways in. Immaterial on question of damages whether abutting
owner has fee or easement in. 254.

What amounts to permission to use. Charter construed. 270.
What grant of right to build railroad in street carries with it. 283.

Street Railway.

Authority to tunnel under street implied from grant and necessity. 262.
Construction and operation on highway not a new and different use.
170.

Exclusive horse-railway franchise does not prevent operation of cable
road. 219.

Exclusive privilege: authority of municipality to grant. 216.

Exclusive privilege: city granting, on certain streets, not prohibited
from granting privilege of crossing such streets. 219.

Exclusive privilege on certain street must be reasonably construed. 218.
Exclusive privilege: damage suffered by railway having, by operation
of cable road. Method of estimating.

Trustees.

Liability of, for negligence, etc. 413.

Tunnel Under Street.

219.

Authority implied from grant and necessity. 262.

Warehouseman.

When carrier's liability as, begins. 455.
ATTORNEY-GENERAL,

Attorney-general is the law officer of the State, and is required to defend
or prosecute any case in the supreme court in which the State is a
party or interested, and the board of transportation has no authority
to control the action of the attorney-general in the management of
the case. State v. Fremont, etc., R. Co. (Neb.). 426.

BILLS OF LADING.

Bank making advances on bill of lading which it takes as security can-
not hold a carrier liable for delivering grain represented by it to the
indorsee of the bill when it permits him to obtain possession of it.
Douglas v. People's Bank (Ky.). 510.

Delivery. Carrier delivering goods without presentation of bill of lading
becomes liable to shipper for conversion. Use of word "notify" in
bill shows that parties to be notified were not intended as consignees,
and none being named, no delivery can be safely made without pro-
duction of the bill. Furman v. Union Pac. R. Co. (N. Y.). 500.

BILLS OF LADING-Continued.

508 n.

Delivery. Carrier must ascertain whether bill of lading was delivered to
shipper, and if so deliver in accordance with it. If delivery is made
without it he runs risk of showing a delivery not in accordance with
its instructions. Furman v. Union Pac. R. Co. (N. Y.). 500.
Delivery of goods without requiring presentation of.
Delivery. Use of word "notify" in bill of lading shows that the parties
to be notified were not intended as consignees, and if none are named
delivery can be safely made only on production of the bill. Carrier
delivering without presentation of the bill is liable for conversion.
Furman v. Union Pac. R. Co. (N. Y.). 500.

Fraudulent issue. Company clothing agent with power to issue bills of
lading it is estopped to deny their existence, and is liable to parties
making advances on them. Bank v. New York, etc., R. Co. (N. Y.).
497.

Fraudulent issue. Liability of railroad company on fraudulent bills of
lading issued by its agents. 500 n.

Fraudulent issue. Recital in fraudulent bill of lading that contents of
packages were unknown is no defence to an action against a carrier.
Bank v. New York, etc., R. Co. (N. Y.).

497.

Nature of, symbol of property. 514 n.
Under Texas statute requiring carrier to deliver goods upon payment of
charges, and prescribing a penalty for failure to do so, in action to
recover the statutory penalty the plaintiff is entitled to recover with-
out surrendering bill of lading, notwithstanding a custom requiring
it. Dwyer v. Gulf, etc., R. Co. (Tex.). 461.

BOARD OF TRANSPORTATION.

BONDS.

See RAILROAD COMMISSIONERS,

Nebraska statute prohibiting the issue of, by railway corporation, except
for a consideration actually received. Objects of the provision. State
v. Atchison, etc., R. Co. (Neb.). 388.

BRIDGE.

Appropriation of county bridge by street railway company. Right of
county to compensation. 170 n.

Duty of building and keeping in repair devolves upon new company
which purchases property and franchises of a corporation at a sale
made under a decree of foreclosure and organized itself. New York,
etc., R. Co. v. State (N. J.). 186.

Obstruction. Indictment. Neglect to keep bridge in repair across cut
made by railroad company so that travel is obstructed is indictable.
New York, etc., R. Co. v. State (N. J.). 186.

BURDEN OF PROOF. See CROSSINGS; EVIDENCE; FIRES; NEGLIGENCE.
CARRIERS. See BILL OF LADING; INTERSTATE COMMERCE; RATES.
Action against. A shipper who has a judgment rendered against him
owing to the default of a carrier cannot maintain an action on such
judgment against the carrier, although he had notified the carrier and
requested him to defend. Garrison v. Babbage Express Transporta-

tion Co. (Mo.). 525.
Agents. Promise of depot agent to shipper that cars should not be
changed on through-shipment. Carrier's liability for the agent's con-
duct. Variance between allegations and proof. Alabama, etc., R.
Co. v. Thomas (Ala.). 434.

Attachment. Order to stop goods in transitu is not available to secure
the consignor possession if they have been attached, and if the carrier