Abbildungen der Seite
PDF
EPUB

25. A seeks to recover against a common carrier for injuries to his person; he fails to show that the relation of carrier and passenger existed. Has he any other ground upon which he may recover?

26. A public service corporation contracts with the tenant of certain premises to furnish him water, but fails to do so. Who may maintain the action, the tenant or the owner of the premises?

27. A railroad company sees fit to operate its own express cars. In the absence of express legal provisions forbidding this, may it be prevented from so doing?

28. An express company has a contract with a railroad company extending over a number of years; the railroad company abrogates it; litigation follows. What interest, if any, has the public in such litigation?

29. A railroad extends from A to B; a person desires to ship goods to C, a point beyond B; the railroad refuses to accept goods for shipment beyond B. May the intending shipper maintain an action?

30. A desires to ship goods from New York to San Francisco by rail, and makes a contract with a railroad company which agrees to carry and deliver them. The goods are lost in transit, but beyond the termination of the line of the original carriers who made the contract. Against whom should the shipper bring his action?

31. An applicant for a certain service agrees to comply with all reasonable rules and regulations; the public service company has made its own rules and regulations. Who is to decide whether or not they are reasonable? 32. A tenders baggage at a railway station; the company has not the facilities at hand to forward it until the following day; A suffers loss. May he recover?

33. One desires to ship goods. When and where should he offer them to the carrier for shipment?

34. May the carrier require the passenger or the shipper to enter into a contract regarding carriage or shipment? 35. A tenders for shipment a piano, unboxed and otherwise unprotected. Is the railroad company justified in refusing to receive it?

36. What duty rests upon the carrier with reference to discrimination between persons generally?

37. What protection has a public service corporation against loss of the amounts that may become due for its services? 38. The carrier or innkeeper does not demand payment in advance, but accepts the goods of the passenger or guest, as the case may be. Does this fact have any effect upon the duties and obligations of carriers and shippers or innkeepers and guests, respectively?

39. What is the rule regarding the unit of service as applied to public service corporations?

40. Jones is a shipper, and is in arrears to the railway com

pany for charges on prior shipments. He tenders other goods for shipment and offers to pay charges in advance. Must the railroad company accept these goods?

41. May a common carrier by special contract become a private carrier?

42. A delivers goods to a common carrier for shipment on Monday; but the goods are not shipped on that day; on Thursday a fire occurs and the goods are destroyed. Is the liability of the carrier that of warehouseman or common carrier?

43. Suppose A, desiring to make a shipment of goods, delivers to the railroad company a warehouse receipt for such goods. Does this constitute delivery to the carrier?

44. A, desiring to become a passenger, goes upon the premises of the carrier in an intoxicated condition and so causes a disturbance. Is the carrier bound to receive him?

45. The carrier is a corporation; its agent undertakes to transport goods on his own account, but this fact is unknown to the shipper; the goods are lost. Is the carrier liable? 46. A enters an inn for the purpose of becoming a guest; he places his valise in a chair, but while he is in the act of entering his name upon the register, the valise disappears. May he maintain an action against the innkeeper? 47. To what extent is a carrier liable for injuries to one riding upon its conveyance who has failed to comply with reasonable rules and regulations relating to his carriage? 48. A farmer ships a carload of cattle and accompanies them

to market for the purpose of caring for them en route. Does this relieve the carrier of liability, as such? 49-50. State the scope and limitations of the regulations which a public service company may prescribe.

51. A procures a check for his baggage upon the back of which are printed restrictions as to value; the baggage is lost. May A recover beyond the amount of such limitations as to value?

52. A person enters a train and refuses to pay the regular fare. What may the conductor lawfully do?

53. May a carrier require that freight for shipment be tendered at a certain place and within a certain time prior to the departure of trains?

54. Assuming the schedule in operation is adequate, what notice, if any, is the carrier required to give when it desires to make substantial changes therein?

55. What, if anything, may the public supplying company do to prevent wastage in the thing supplied?

56. A street car company posts notices in its cars to the effect that the conductor will not furnish change beyond the amount of $2. Is this regulation valid?

57. The subscriber to telephone service neglects to pay the charge in advance; the service is cut off, to his damage. Has he any remedy?

58. Is it lawful for the carrier to establish a regulation requiring additional compensation from those not procuring tickets before entering its trains?

59. A ticket is presented to the conductor of a train; it is bad on its face. May the conductor in all circumstances refuse to accept such ticket?

60. If a person is improperly refused passage upon a train by the conductor, is the conductor liable, or is the carrier liable?

61. What degree of diligence is required of the carrier in the performance of its duties as such?

62. To what extent, if at all, is the carrier liable for delay in the transportation of goods? of passengers?

63. As between connecting carriers, what, if anything, will excuse the second carrier for unreasonable delay?

64. What is meant by deviation and under what circumstances will it render the carrier liable for loss?

65. Where deviation is proved is it necessary to establish negligence to maintain an action?

66. The carrier selects the more dangerous of two routes, by reason whereof the goods are lost. Is the carrier liable? 67. A passenger, fearing assault, appeals to the conductor for protection. What ought the conductor to do?

68. A conductor, without just excuse, assaults and injures a passenger; the passenger brings action against the carrier. May he recover?

69. A passenger entrusts his hand baggage to the conductor. If it is lost through the negligence of the conductor, may the passenger recover from the carrier?

70. Robbers enter a train, and the train crew makes no effort to prevent it; a passenger is robbed. May he maintain an action against the company?

71. Suppose the relation of carrier and passenger does not exist at the time of an assault by the conductor. May the company be held liable?

72. An innkeeper, with knowledge, exposes a guest to infectious disease in his hotel, and the guest becomes ill. May he recover against the innkeeper?

73. What is the liability of a common carrier for the loss of goods properly entrusted to it for shipment?

74. What is meant by liability as an insurer and to what extent is such liability applicable to carriers of goods? 75. What degree of care must the carrier of passengers exercise to relieve itself of responsibility for personal injuries suffered by them?

76. In the case of purely gratuitous services, what is the liability of the carrier of goods?

77. What constitutes baggage and what is the liability of the carrier in case of its loss or damage?

78. Is a sleeping car company subject to the same rules of law with reference to its liability, as govern innkeepers? 79. Under what circumstances may a telegraph company be held liable for mistakes in the transmission of messages? 80. A company furnishing electric light undertakes to wire a

house; the wiring is defective and a fire occurs. May the owner suffering the loss maintain an action?

81. If the carrier defends on the ground that loss was occasioned by an "act of God," what must he prove?

82. What is meant by "the public enemy" and under what circumstances may it be available as a defense to the carrier?

83. Suppose the shipper does not truthfully disclose the fact that the goods are perishable and loss occurs through this fact. May the shipper recover in such a case ?

84. After delivery to the carrier the shipper, without the knowledge of the carrier, does some act which increases the probability of the loss of the goods, and loss actually occurs. Is the carrier liable in such a case as an insurer?

85. In what manner, if at all, may carriers and innkeepers limit their extraordinary liability?

86. Is a general notice issued to the public by the carrier of goods sufficient to protect it against liability as an insurer? 87. May a carrier, by private contract with the shipper, relieve itself from liability for loss occurring through its negligence?

88-89. To what extent does public policy enter into contracts between public service corporations and their patrons?

90. A tenders a package to a common carrier for shipment, fixing the value thereof at $50, and is charged a rate based on such valuation. In case of loss what is the extent of his recovery?

91. A bill of lading provides that all claims for loss or damage to goods thereunder must be made within ninety days. May the carrier rely upon such stipulation?

92. What degree of care must the carrier observe regarding its employees and to what extent may it exempt itself therefrom by contract?

93. Does the law of the public service govern when the carrier undertakes to transport goods or passengers gratuitously? 94. A person receives a pass from a carrier; the pass recites that the carrier will not be liable for injuries. Under what circumstances, if at all, may such passenger recover? 95. An express messenger is injured in an accident resulting

« ZurückWeiter »