Carriers, goods, loading and unloading of, under-Continued

shipper's control, 37.
notification by party having goods to be transported, 35.
packing of,

reasonable regulations by carrier regarding, valid, 36, 37.
perishable provisions, icing of, 67.
priority of,

goods of special classes, 120, 121.
passenger service over freight service, 120.

perishable goods and live stock over ordinary freight, 120.
special arrangements for particular service, 49, 50.
tender of, for shipment,

at a certain place, 35, 54.
in a certain manner, 54.

within reasonable time before departure of train, 54.
vice of the,

defined, 81.

carrier not liable for destruction due to, 81.
liability of,
exemption of carrier of goods,

against losses beyond its own lines, 89.

by special contract, 93.
exemption of carrier of passengers from liability for acts of car

employees, 89.
for injury to, or loss of goods, 37, 44, 45, 73-93.
abnormal liability, 77, 83.

may be cut down by special arrangement, 83.

rigidly confined, 77.
as an insurer, when, 73, 74, 77, 83, 84, 94, 95.

limitation of liability, 84.
no apparent reason for this onerous obligation, 83.
until a reasonable time for consignee to get the goods after

transit is completed, 95.
commencement of liability, 44, 45.
depends upon possession, when, 44.
exemption from liability,

against losses beyond carrier's own lines, 89.

by special contract, 93.
extraordinary liability, 73, 74, 77, 83, 84, 94.
in case of gratuitous service, 75, 76, 90, 91.

carrier not liable for loss or damage, when, 75, 76.
carrier not obliged to perform gratuitous service, 90.

rule of liability for public service does not apply, 90.
limitation upon amount recoverable, 87, 88.

agreed amount, 87.
by special contract, 87.
not against public policy, 87, 88.
to set amount fixed by company,

87.

Carriers, liability of, for injury to, or loss of goods-Continued

limitation upon liability,
as an insurer, 84, 85.

contract not against public policy, 85.
by special contract, 83, 84.
invalidity of special stipulations, 86, 87.
notice of, by carrier not enough, 84.

possible, when, 83.
negligence, carrier cannot limit liability for, 83, 85, 86.
no liability resulting from,

act of God, 64, 66, 73, 75, 79, 80.
gratuitous carriage, when, 75, 76, 90, 91.
interference by the shipper, 73, 81, 82.
King's enemies, 66, 73, 80.

vice of the goods, 81.
normal liability, extent of, 77, 78.
notice of loss, 88, 89.

stipulation in contract of carriage regarding the giving of,

88, 89.

invalid, when, 89.

not against public policy, 88.
proof of loss, notice of, 89.
special limitation of liability, 83-93.

theory of, 73.
for injury to passengers,

for negligence, 74, 90, 91.

in case of gratuitous service, 90, 91.
for injury to their employees,
while transporting them without charge, 91.

in connection with their work, 91.

upon a pass giving them the right to travel as passengers, 91.
negligence of,
carrier cannot limit liability for, by special contract, 83, 85, 86.

employees' negligence, 85, 86.

reason for the rule, 86.
office hours of, 34, 35.
passengers,
acceptance of, by carrier, 45, 46.

boarding of train as constituting, 46.

may be express or implied, 46.
baggage of, carrier required to carry free of charge, 76, 77.

proper baggage, what amounts to, 76, 77.
desiring to sell wares aboard a train may be refused, 26.
duty of carrier towards one assisting a departing passenger, 27.
ejection of, from trains, 53, 54, 57, 60, 61.

must be at a proper time and place, 53.
on account of,

loss of railroad ticket, 57.

Carriers, passengers, ejection of, on account of-Continued

ticket agent's mistake in selling wrong ticket, 60.

wrongful collecting or punching of ticket by conductor, 61.
fare of,

agent's mistake in selling wrong ticket, effect of, 59.
excess charge for cash fare on trains permissible, 57, 58.
in case ticket office is closed when passenger applies for

ticket, 59.
refund check for excess, 58, 59.
mistake of passenger in purchasing wrong ticket, effect of, 59, 60.
payment of,
systems to prevent the escaping of, 57,

58.
prepayment of, 38-40, 57.

may be demanded by carrier, 38-40.
regulations relating to, must be reasonable, 57.

unit of service, charge for, 40.
injury to, liability of carrier for,
by,

fellow passengers, 70.
mob violence, 71.
servants, 62, 68, 69.

third persons, 69, 70.
carrier not an insurer, 74, 75.
due to lack of protection under special circumstances, 72.
from negligence, 74, 90, 91.

from overcrowding of cars or stations, 70.
intending passenger,

cannot demand delay of train after time for departure, 34.

signaling to stop by, 35.
mistake of first conductor in collecting or wrongfully punching

ticket, 60, 61.
one riding on a freight train considered as a passenger, when, 48, 49.
persons not considered as,
one,
making a deal with the conductor to travel for a gratuity

paid, 48.
riding in baggage car without knowledge or consent of con-

ductor, 48.
riding on a construction train, 48.
riding on a locomotive with permission of the engineer, 48.

stealing a ride, 47.
priority of passenger service over freight service, 120.
protection of, carrier obliged to provide, 67, 68.
refusal of service,

cannot be made on account of race or color, 110.
involving special danger, 105, 106.

justification for refusal, 105.
on account of cars having statutory complement, 103.

Carriers, passengers, refusal of service

Continued
to an armed passenger, 106.

to persons with contagious disease, 106.
setting down of, at station, 97, 98.
public duty, establishment of, 1-42. See also Public Duty.
public employment of, 1-11. See also Public Employment.
public profession of, 12-21. See also Public Employment.
public service by,
conditions precedent to, 33-42.

application to be in proper form, 36.
arrearages, payment of, 41, 42.
improper conditions may not be imposed, 38.
prepayment, 33, 38-40.

waiver of, 39, 40.
reasonable conditions may be imposed, 37, 38.
service must be,

demanded at proper place, 35, 36.
demanded at proper time, 34, 35.

demanded in proper manner, 36, 37.

tender of conditions precedent, 33.
regulations by,

reasonable rates may be imposed, 37, 38.

regarding performance of obligations, 35.
warehousemen, when, 34, 44, 45, 96.
Certiorari,

control by courts of public officers by, 385.
will issue,
to review the actions of inferior tribunals in proceedings against

insolvent or fraudulent debtors, 385.
to review the appointment and proceedings of commissioners, 385.
Charter Parties, charterers of a vessel for a special voyage not a com-

mon carrier, 15.
Charters,
of municipal corporations, 144, 146-150, 153, 155, 157-173.

defined, 158.
acceptance of, 162, 163.
alteration of, 166.
amendment of, 153, 155, 156.
American charters, 158, 159.
are the paramount law of the municipality, 159.
constitute the inhabitants of the town or city a body politic, 158.
creation of, 166.
defective charter, effect of, 164.
form of charter, 164.
general charters, 150, 157, 158.

contents of, 157.
form of, 157.
recorded in the county office, 150.

Charters, of municipal corporations—Continued

governing body, composing of, under, 158.
judicial notice of, 163.
land and people under the, 162.
legislative discretion in, 148, 149.
legislative power, how exercised, 149.
may be granted by,

Congress of the United States, 146, 147.
state legislatures, 146, 147.

territorial legislatures, when, 147, 148.
officers, mode of the election of, 158.
powers of municipality under, 159-162. See also Powers, of munici-

pal corporations.
repeal of, 153, 156, 165, 166.

a special charter, 165.
charter under general incorporation act, 165.
forbidden by the constitution, when, 165.

power of législature to repeal, 153, 156, 165.
special charters, 157, 158, 165.

forms of, 157.
territorial boundaries of municipality under, 158.
under constitutional provisions, 150, 151.
under the general law, 150, 163, 164.

proposal for incorporation by the voters, 164.
provisions of acts, 150.
special election to determine whether the majority of the voters

are in favor of incorporation, 164.
voters, qualification of, under, 158.

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