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, 5. sējums

Byron Kosciusko Elliott, William Frederick Elliott

Bobbs-Merrill Company, 1922

Priekšskatīt šo grāmatu »

No grāmatas satura

Atlasītās lappuses

Titullapa

Satura rādītājs

Saturs

The general doctrine	2

The duty to carry 2382 Refusal to carryExtraordinary press of business	5

Excuses for refusal to carryDisregard of rules and regulations	7

Excuses for refusal to carryImproper or unfit persons 2385 Refusal to carry on account of color or racePutting passenger 2386 in wrong	13

Carriage of dead bodies	14

Who are passengers	16

Who are passengersIllustrative cases	18

Who are passengers Burden of proofOffer and acceptance	25

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

The relation of passenger and carrierWhen it begins	26

The relation of passenger and carrierAuthority of subordinate employes to create	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 2400 Duty to provide and equip trains with modern and improved	51

Care required in operation	53

CHAPTER LXXVII	54

Duty to make provisions for feeding passengers en route 2402 Care required in operation of trains 2403 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 2411 Termination of the relation of carrier and passenger SECTION	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	112

fore entering trains 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

2439	140

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

General nature of sleeping car companies	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 liabilityContractNotice	175

CHAPTER LXXVIII	178

CHAPTER LXXXIV	179

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

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	298

CHAPTER LXXIX	302

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

Taking passage on freight	323

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	338

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 constitutionGenerally	380

The interstate commerce actGenerally	384

DiscriminationUndue preferenceWhat is under the inter	385

Construction of the interstate commerce	386

The police power as affected by the commerce clause	389

Police powerOther cases	392

sengers from insults	394

State statutes held to be regulations of interstate commerce 2546 State statutes held not to be regulations of interstate commerce 2547 State regulation...	402

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

Railroads engaged in domestic commerceWhen a railroad is interstate	425

Commerce and manufacturesMonopoliesTrustsConspiracies	427

Discrimination or preference in furnishing cars and expediting	439

Undue preferenceDiscriminationIllustrative instances	447

Formation of connecting linesPreferenceTerminal facilities	453

Long and short haulsChanges made by subsequent amendments	462

Transit privilegesMilling in transit	471

passes	477

Recent decisions under latest acts of Congress	483

Recent controversy in regard to twocent fares and other rate	490

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

regulations	522

Changes in rates	525

Remedy of carrier where rate regulation is confiscatory	528

CHAPTER LXXXII	531

Scope of chapter 2606 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

ConsolidationSystems	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 withstanding state laws	546

Intrastate ratesEffect on interstate rates Controversy between commission and states	547

Commission may prescribe rates and classificationsThrough routesExtension of time of suspension of new rates	548

2625 Commission may establish just division of joint rates etc 2526 Live stock in carload lotsTransportation includes unloading	550

Diversion contrary to routing instructionsLiability of carrier Routing by commission	551

Definition of terms used in new section 15a 2629 Rates and fair return under section	552

What constitutes fair returnCommission to determine and make publicBasis for two years from March 1 1920	553

Amounts received in excess of fair return to be paid to United States 2633 Amount in excess of six per cent of value of propertiesDispo sition 2634 R...	554

Contingent and revolving fundLoans to carriers	555

Lease to carriers of equipment or facilities purchased from contingent fund	557

Purchase of equipment by commissionRules and regulations 2638 Reparation to shippers in case of overchargeHow far affected by section 15a 2639 ...	558

Limitation of actionsAction on orders of reparation 2641 Penalty for failure to obey orders of commission 2642 Duty of commission as to valuation ...	560

When liability of initial carrier is same as that of carrier by water 2645 Limitation of time for notice and filing of claims and bringing suit	562

Issuing of securities assumption of obligationsAuthority	563

Securities issued in violation of section 20a are voidPenalty	565

Holding position of officer or director of more than one corpora	566

Schedules and distribution where carriage is partly by water Through bills of lading	567

Safety devices for railroads	568

CHAPTER LXXXI	570

Effect of Federal controlExtent to which it affects action of states or courts	571

Actions not limited to those arising out of breach of duty	572

common carrier 2659 Parties to actionsDirector general or corporationWhen com pany is liable	573

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	593

Terms and conditions of new loans 2680 Advice or assistance from Federal Reserve BoardAppropriation 2681 Evidences of indebtedness to United S...	594

Scope of chapter	596

PleadingUltimate factsConclusions	597

Direct averment of essential factsInferences	598

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

2699	614

Evidence 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 2715 Physical factsSuction of train 2716 Mode of submitting cause to jurySpecial verdictFederal courts	669

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

Reasonable charges	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	710

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 delaySpecial 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 InstructionsGenerally	738

InstructionsFailure to furnish cars	739

InstructionsDelay in transportation of goods 2767 InstructionsDelay in shipment of live stock because of failure to furnish cars	741

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

InstructionsInjuries 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	824

Expert testimony and competency of experts employer	825

Photographs as evidence	829

EvidenceTicketsBest and secondaryPatrol 2818 EvidenceWhether injured person was a passenger	830

Reasonableness of ratesBasis on which capital or investment	832

EvidenceInjury to passenger on carriers premises 1	833

EvidenceInjuries to passengers in boarding or alighting from cars	834

EvidenceInjuries to passengers in course of transportation	836

EvidenceWrongful ejection of passengers	839

Nature of the liability as	840

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 crossing	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

Recent decisions under Federal Employers Liability Act and Workmens Compensation	865

DAMAGES IN ACTIONS FOR PERSONAL INJURIES 2840 Object of damagesKinds	867

Necessary that damages should be proximate result of negli gent actSpeculative damages	870

Prospective damagesReasonable certainty required	873

Exemplary damages	875

Exemplary damagesLiability of corporation for 2845 Exemplary damagesEvidence of financial condition of de fendant	881

Duty of injured person to minimize damages	882

Minimizing damagesSubmission 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	906

Mental anguish	907

Fright	911

Peril as an element of damages	914

Disfigurement deformity and loss of functions	915

Expenses of medical treatment and nursing	917

Mental suffering on account of injury to another	921

Injury to anotherParent and childHusband and wife 2866 Ejection of passengers	925

Interest	929

Amount of damagesWhether excessive	930

Excessive damagesJudgments or verdicts held excessive	932

Excessive damagesJudgments or verdicts held not excessive	933

Remittitur	934

Inadequacy of damages	937

INSTRUCTIONS IN ACTIONS FOR PERSONAL INJURIES 2880 Injuries to railroad employes	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

tion etc forbiddenPenalty	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

Autortiesības

Citi izdevumi - Skatīt visu

A Treatise on the Law of Railroads: Containing a Consideration of ..., 5. sējums
Byron Kosciusko Elliott,William Frederick Elliott
Pilnskats - 1922

Populāri fragmenti

462. lappuse - 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...

Iekļauts 562 grāmatās, sākot no 1778. līdz 2007.

550. lappuse - ... 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...

Iekļauts 159 grāmatās, sākot no 1798. līdz 1996.

550. lappuse - 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...

Iekļauts 183 grāmatās, sākot no 1778. līdz 1996.

547. lappuse - ... 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.

Iekļauts 163 grāmatās, sākot no 1880. līdz 1996.

546. lappuse - 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...

Iekļauts 277 grāmatās, sākot no 1881. līdz 1996.

550. lappuse - 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...

Iekļauts 136 grāmatās, sākot no 1888. līdz 1996.

416. lappuse - 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...

Iekļauts 155 grāmatās, sākot no 1861. līdz 2000.

594. lappuse - ... 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...

Iekļauts 118 grāmatās, sākot no 1876. līdz 1996.

546. lappuse - 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...

Iekļauts 117 grāmatās, sākot no 1888. līdz 1996.

559. lappuse - 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...

Iekļauts 270 grāmatās, sākot no 1778. līdz 2005.

Bibliogrāfiskā informācija

Nosaukums	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 ..., 5. sējums Grāmatas A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations 5. sējums. sējums, William Frederick Elliot 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, William Frederick Elliott
Autori	Byron Kosciusko Elliott, William Frederick Elliott
Izdevums:	3
Izdevējs	Bobbs-Merrill Company, 1922

Eksportēt avotu	BiBTeX EndNote RefMan

Par Google grāmatām - Konfidencialitātes politika - Pakalpojuma _ noteikumi - Informācija izdevējiem - Ziņojiet par problēmu - Palīdzība - Google sākumlapa

Grāmatas