A Treatise on the Law of Carriers of Passengers, Volumen1

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West publishing Company, 1897 - 1693 páginas

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Unforeseen Accidents
22
Duty to Adopt New DevicesFinancial Ability
26
VOLUME 2
28
Custom and Practice of Other Carriers
29
Act of God and of Public Enemy
31
Same Degree of Care Required Whatever Mode of Conveyance Adopted
32
SameFreight and Construction Trains
33
SameStreet Cars
36
SameStage Coaches SameVessels 20
38
FET CAR
49
CHAPTER II
57
FET CAR PAS1
65
Rate of Speed
74
Conflict of Laws as to Limitation of Liability 634 Carriers Lien for Fare 635 General Average Contribution
78
CHAPTER III
96
Degree of Care
99
Defects in Station Buildings
104
Station Platforms
110
SameAdjustment Between Platform and Trains
111
Approaches
114
Ownership by Third Persons
115
Snow and
118
Lights
121
CHAPTER IV
124
80
130
81
138
SameStreet Cars
158
Carriers Liability
168
CHAPTER V
187
SameRailroad Companies
198
Riding on Platform
203
CHAPTER VI
226
CHAPTER VII
229
CHAPTER VIII
254
Children
267
Intoxicated Passengers
268
SameEjection
269
CHAPTER IX
273
SameSteamboats and Vessels
304
SameMistake of Gateman
319
SameMistake in Taking up Tickets
320
SameMistake as to Time Limit
321
SameMistake as to Trains
322
CHAPTER X
323
SamePassenger Incumbered with Packages 160 Passengers on Vessels 161 Boarding Passenger Elevator 162 During Transportation 163 Placing Han...
324
Masters Liability for Servants Torts
340
History and Reason of the Rule
341
No Distinction between Corporations and Individuals
342
Who are Servants
343
SameIndependent Contractors
344
SamePhysicians and Surgeons
345
SamePilots
346
SameDouble Employment
347
SamePolice Duties
348
SamePerson Assisting Servant
349
SameEvidence of Employment
350
Torts Commanded or Ratified by Master
351
Negligence of Servant
352
Excessive or Erroneous Execution of Authority
353
SameExploded Rule Exempting Master from Liability for Willful Torts of Servant
354
SameMisconduct at Stations
355
SameDirecting or Assisting Passenger in Boarding or Alight
356
SameInviting Persons to Ride in Dangerous and Prohibited Places
357
Same Ejection of Passengers
358
SameEjection of Trespassers
359
SameFalse Imprisonment and Arrest
360
SameEnforcing Payment of Fare
361
SameDirecting Performance of Perilous Service
362
SameWarning Passengers of Danger SameViolation of Masters Orders
363
SameApplications of Rule
366
Same Justifiable Assaults
367
SameWhen Terminates
368
Independent Torts of Servants
369
Contracts of Agents
370
Connecting CarriersLiability of Carrier for Its Own Torts
371
SameLiability of First Carrier for Torts of Connecting Car rier
372
SamePartnership or Joint Management
373
SameRefusal to Honor Ticket
374
SameRights and Liabilities as between Themselves
375
Use of Anothers Means of TransportationLiability of Carry ing Company
376
SameLiability of TrackOwning Company
377
SameRailroad and SleepingCar Companies
378
Lease of RailroadsLiability of Lessee
379
SameLiability of Lessor
380
Sale of Railroad
381
Consolidation of Railroads
382
Ultra Vires Defense
383
Receivers as Common Carriers
384
SameActions against
385
SameLiability of Railroad Company
386
SameEffect of Discharge
387
Mortgage Trustees
388
Power to Stipulate against Negligence
389
SameStatutory Prohibitions
390
SameRule in New York and in England
391
SameGross Negligence Rule 5 SameGratuitous Passengers
392
SameWho are Gratuitous Passengers
394
SameExpress Messengers
395
SameConnecting Lines
396
SameLimitation as to Amount of Recovery
397
Conflict of Laws
398
Mode in Which Limitation may be Made
399
SameContract with Third Person Construction of Contract Release and Discharge after Injury SameRescission SameRatification and Laches
404
405 No Distinction in Principle between Carriers by Water and by Land
405
Duty to Carry to Destination without Delay
406
Accommodations
407
Authority and Power of Master
408
Duty to Passengers in Shipwreck
409
Admiralty Jurisdiction
410
SameLiability of Vessel
411
Liability of Master
412
Statutory RegulationsEmigrant or Steerage Passengers
413
SameSteam Vessels
414
SameCarrying Excessive Number of Passengers
415
SameCarrying Explosives
416
Statutory Limitation of Vessel Owners Liability
417
SameTo What Claims Statute Extends
418
SameTo What Waters and Vessels Applicable
419
SameAscertaining Value of Vessel
420
Action for Damages and Writ of Mandamus
421
Form of Action
422
SamePersonal Injuries Negligently Inflicted xxi
423
SameFailure to Receive Passenger or to Carry to Destina
424
SameEjection of and Assaults on Passengers
425
Distinction between Actions on Contract and in Tort
426
Plaintiffs
427
Defendants
428
429 Statement of Plaintiffs Cause of ActionIn Action Based on Negligence
429
SameAlleging Duty of CareRelation of Carrier and Passen
430
SameAlleging Negligence
431
SameAlleging Contributory Negligence
432
SameActions for Ejection or Failure to Carry to Destina tion
433
SameAlleging Damages
434
SameJoinder of Causes of Action
435
Defensive Pleadings
436
SameAllegations as to Place
439
SameAllegations of Negligence
440
SameAllegations of Gross Negligence and Willfulness
441
SameAllegations by Plaintiff Negativing Contributory Neg ligence
442
SameIn Actions for Ejection and Failure to Carry to Destina tion
443
SameAllegations as to Damages and Injuries
444
SameDefendants Pleadings
445
SameWaiver of Objections
446
Knowledge of Defects or Incompetency
447
Custom and Usage
448
Other Acts of Negligence
449
Other Accidents
450
Other Defects
451
Subsequent Precautions and Repairs
452
Declarations against Interest
453
SameBy Agents or Employés
454
Declarations in Favor of Party Making Them SameDeclarations and Exclamations of Pain
455
Real or Demonstrative Evidence
458
Photographs
459
After the Injury
460
Best EvidenceEvidence on Former Trial
461
Miscellaneous DecisionsNegligence and Contributory Negli gence
462
CHAPTER XI
463
SameAs to Damages and Injuries
464
Opinion Evidence
465
SameAs to Injuries and Damages
466
Expert Evidence
467
SameOn What Subjects Competent
468
SameMedical Experts
469
470 SameMedical Opinions Based on Statements Made out of Court
470
SameExamination of Experts
471
Privileged Communications
472
473 Burden of Proof
473
SameAs to Breach of Duty
474
Same As to Damages and Injuries
475
SameContributory Negligence
476
Degree of Proof
477
Judicial Notice
478
Presumption of Being Passenger
479
Presumption of NegligenceHappening of Accident
480
SameAccidents on Road Vehicles SameDerailment of Car or Train
482
SameCollision
483
SameExplosions
484
SameDefective Roadbed and Machinery
485
SameRebutting the Presumption
494
SameRule in Texas
495
Same Statutory Presumptions
496
Credibility of Witnesses
497
SameContradictory Statements
498
SameFalsus in Uno Falsus in Omnibus
499
Positive and Negative Testimony
500
Failure to Call Witness
501
CHAPTER XIII
502
Admiralty Rule
503
SameBetween Witnesses for Same Party
504
SameSufficiency of Evidence as to Relationship of Carrier and Passenger
505
Comparative Negligence
506
SameDuty of Judge on Motion for New Trial
507
SameOn Appeal
508
Rule in Tennessee
509
Limitation of Actions
510
Rule in Georgia and Florida
511
Competency of Jurors
512
Rule in Nebraska
513
InstructionsProvince of Jury
514
CHAPTER XIV
515
SamePleading and Evidence to Support
516
SameDefining and Presenting Issues
517
Same As to Damages
518
SameConstruction as a Whole
519
SameRequests and Exceptions
520
Verdict
521
Personal Injuries
522
SameBodily Injury and Pain
523
SameFuture Injury and Pain
524
SameLoss of Time and Impairment of Earning Capacity
525
SameExpense of Cure
526
SameMarried Women
527
SameRecovery by Husband for Injuries to Wife
528
SameRecovery by Parent for Injuries to Child
529
SameMitigation of Damages
530
Mental Suffering and Fright
531
SameIllness or Insanity Caused by Fright or Shock
532
Refusal to Accept Passenger
533
Breach of Charter Party and of Contract for Free Pass
534
Failure to Carry to Destination and Delay in Transportation
535
Carrying Past Destination
536
Ejection
537
SameHumiliation and Mortification
538
SameInconvenience
539
CHAPTER XV
540
False Imprisonment
541
Definition and When Recoverable
542
Railroad Companies
543
Province of Court and Jury
544
UnionDepot Companies
545
SleepingCar Companies
546
StreetRailroad Companies
547
Proprietors of Road Vehicles
548
Poverty of Defendant
549
Vessel Owners 209 Passenger Elevators
550
Carrying Past Destination
551
CHAPTER XVI
552
Rude and Insulting Tone
553
Statutory Provisions
554
Power of Courts over Excessive Verdicts
555
Personal Injuries
556
SameBruises Contusions and Muscular Injuries
557
SameHernia
558
SameSprains and Dislocations
559
SameBroken Bones
560
SameLoss of Limb
561
SameInjuries to Spine and Nervous System
562
SameLoss of Society Services
564
Assault Insult and Arrest
565
Failure or Refusal to Accept and Carry Passenger
566
Denial of Accommodations
567
Carrying Past Destination
568
Ejection
569
SamePersonal Injuries 571 SameGood Faith of Conductor
571
SameAt Place Other Than a Station
572
Compelling Payment of Two Fares
573
PracticeRemittitur
574
Inadequate Damages
575
CommonLaw Rule
576
Modern Statutes
577
SameMassachusetts Statutory Provisions Pertaining to Pas sengers
578
Same Statutes of Missouri Colorado and New Mexico
579
Carriers Liability
580
SameConsideration for Carriage
581
SameAct of
582
SameAct of Public Enemy
583
SameSeizure on Legal Process
584
SameInstances Where Liability has been Enforced
585
Duty to Carry
586
What Constitutes Baggage
587
SameProvince of Court and Jury
588
SameWearing Apparel
589
SameHousehold Goods
590
SameTools and Surgical Instruments
591
SameManuscripts
592
SameTheatrical Paraphernalia
593
SameJewelry
594
SameBicycles
595
SameFirearms
596
SameDogs
597
SameMoney
598
SameDuty to Disclose Value
599
SameProperty of Third Persons
600
SamePassenger to Accompany
601
Merchandise
602
SameCustom and Usage
603
SameCarriers Duty to Inquire
604
SamePayment of Extra Compensation
605
SameKnowledge of Carrier
606
Rights of Passenger as to Property not Baggage
607
Duration of Liability as Insurer
608
When Liability Begins
609
CHAPTER XVII
610
SameNotice to Carrier SamePurchase of Ticket
611
SameAgents Authority to Receive Baggage
612
Termination of Liability
613
SameWhat is Reasonable Time for Delivery
614
SameDelay for Convenience of Carrier
615
SameDelay for Convenience of Passenger
616
SameDelivery According to Custom
617
SameMistake
618
SamePassenger Stopping at Intermediate Station
619
SameDeath of Passenger During Voyage
620
Liability as Warehouseman
621
SameTermination of Liability
622
Connecting CarriersLiability of Each as to Its Own Line
623
SameLiability of First Carrier Beyond Its Line
624
SameLiability of Connecting Carrier Beyond Its Line
625
SamePartnership and Joint Traffic Arrangements
626
Limitation of Liability by Contract
627
SameConnecting Lines
628
Same Mode in Which Liability may be Limited
629
Limitation as to Value of Baggage
630
DUTY TO ACCEPT AND CARRY PASSENGERS 242 Carrier must Accept All Proper Persons 243 Who may be Rejected 244 SameBusiness Rivals ...
631
CHAPTER XIX
642
Contributory Negligence of Passenger
643
Parties
644
CHAPTER XX
645
Pleading
646
Admissibility of Evidence
647
At Stations
648
During TransportationSeats
649
Burden of Proof and Presumptions
650
SameHeating Cars
651
Sleeping Cars
652
SameDelay in Delivery
653
Chair Cars
655
Separation of Passengers on Account of
656
Separation of Passengers on Account of Color
657
Same Statutes Requiring Separation 258 Same Statutes Requiring Equal Accommodations
662
CHAPTER XXI
669
SameFree Passes to Public Officers
683
265 SameSale of Tickets by Scalpers
684
Mode of Payment
685
Time of Payment
689
Higher Train Fare
691
SameReasonable Opportunity to Purchase Ticket
692
SameExcessive or Unreasonable Train Fare
698
On Freight Trains
702
Free PassContract
703
Remedies of Carrier for Nonpayment
705
Recovery Back by Passenger
708
CHAPTER XXII
711
Statutory Limitation of Liability
715
CHAPTER XXIII
750
SamePassengers Duty to Know Regulations
766
SameRights and Duties of Passenger on Wrong Train
767
SameRepresentations of Ticket Agent
768
SameWaiver by Conductor
770
SameWaiver by Custom
772
Regulations Restricting Tickets to Particular Trains
774
Restriction as to Train in Ticket
775
Restriction as to Route
777
CHAPTER XXIV
779
FET CAR PAS
785
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Página 643 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Página 636 - The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.
Página 649 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Página 636 - In determining the question of reasonableness it is at liberty to act with reference to the established usages, customs, and traditions of the people, and with a view to the promotion of their comfort, and the preservation of the public peace and good order.
Página 637 - The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the negro except by an enforced commingling of the two races.
Página 638 - We boast of the freedom enjoyed by our people above all other peoples. But it is difficult to reconcile that boast with a state of the law which, practically, puts the brand of servitude and degradation upon a large class of our fellow citizens, our equals before the law. The thin disguise of "equal" accommodations for passengers in railroad coaches will not mislead anyone, nor atone for the wrong this day done.
Página 26 - Twelve men of the average of the community, comprising men of education and men of little education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant, the mechanic, the farmer, the laborer; these sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment thus given it is the great effort of the law to obtain. It is assumed that twelve men know...
Página 248 - But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Página 637 - Every one knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons.
Página 301 - ... the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.

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