jury by collision, or for any act, matter, or thing, lost, damage or forfeiture, done, occasioned or incurred without the privity or knowedge of the owners. Under this section it has been held that the owners of steam vessels are relieved from liability for injuries to pa sengers occasioned by a boiler explosion, although the inspection laws have been violated, if such violation was without their personal knowledge or privity, and that this right is not affected by section 4493 Rev. St. U. S., providing that the owners of steam vessels shall be responsible for damage to passengers or baggage through violation of the inspection laws, or through known defects in the steaming apparatus.233 In a case before the Supreme Court of the United States, an effort was made to bend section 4281 of the Revised Statates to an extraordinary purpose, namely, to exempt a railroad company from liability for the theft of valuable laces from the trunk of a pa senger while in the charge of the company. These laces constituted a part of the wearing apparel of the passenger, and were properly a part of her baggage. The company had no knowledge of their being in the trunk, and no extra compensation was paid for the carriage of the trunk. The court held that the section in question had no application whatever to the case, but referred alone to the liability of carriers by water who transport goods and merchandise of the kind designated.284 § 3713. Jurisdiction in Certain Cases under this StatuteA question of jurisdiction has at different times arisen under this act. Section 3 of the act235 limits the liability of shipowners to the value of the ship and freight then pending. Section 4 of the ac provides the mode to be adopted by the owner, in case the injury is to several, and the value of the ship and freight then pending is insufficient to compensate all in full, to stay actions at common law in seem, therefore, that liability for baggage, even when lost by fire, may be limited if proceedings are brought under this section. And such seems to be the holding in Re Louisville &c. Packet Co.. 95 Fed. Rep. 996, though the point in issue there was whether the baggage hai been "shipped" within the meaning of the statute. 233 The Annie Faxon, 66 Fed. Rep. cluded in the word "goods." It would 575. See, also, Butler v. Boston Steamship Co., 130 U. S. 527. It is to be noticed that this section in terms relates to "property, goods or merchandise." On the question of limitation of liability for baggage under this section, this would seem important, since the court in The Marine City, 6 Fed. Rep. 413, rested its decision on the fact that the word "goods" was omitted from act 1851, ch. 43, § 2, when incorporated in § 4282 of the U. S. Revised Statutes, and expressly approved of the decision in Chamberlain v. Western Transportation Co., 44 N. Y. 305, on the ground that baggage was in 234 New York &c. R. Co. v. Fralof, 100 U. S. 24; s. c. 9 Cent. L. J. 432; s. c. 8 Reporter 801; 20 Alb. L. J. 409; aff'g s. c. 10 Blatchf. (U. S.) 16. 235 Rev. Stats., § 4283. 230 Rev. Stats, §§ 4284, 4285. the State courts. In such cases the remedy can not be afforded by a court of common law, which has not the methods or the machinery whereby the act can be administered.237 But no objection can be taken to the jurisdiction of a common-law court where the injury is sustained by a single party, and the amount of damage is less than the value of the ship and pending freight.288 Other cases, illustrative of the construction to be put upon the sections of the act referring to collisions, and therefore not properly within the scope of this article, will be added without extended notice.239 § 3714. Construction of Act of 1882 for the Protection of Emigrant Passengers.-An act of Congress, passed in 1882,240 makes it unlawful to bring vessels containing emigrant passengers, taken at any port or place in a foreign country, into this country, unless certain named accommodations have been provided. The act contains an exception in respect of emigrants brought from places in foreign territory contiguous to the United States. It has been held that Vancouver Island, in British Columbia, is not within the prohibition of the statute, but is within the exception.241 The responsibilities and duties devolving upon vessels and their masters under this act can not be evaded by a contract of charter.242 Under the section of the act which provides that fines imposed on a master for violation of the act shall be liens on his vessel, a libel for such lien can not be maintained until the fine has been imposed in a criminal prosecution.243 § 3715. Limitation of Liability to Passengers under the "Harter Act." It has been held that the provisions of the "Harter Act,"244 which it is intended to consider in a future volume, do not apply to passengers or their baggage. Injuries to passengers and claims for loss or damage to their personal baggage are not within the exemptions of section 3 of the act, which provides that a shipowner, who uses due diligence to man, equip and make his vessel seaworthy, shall not be responsible for loss or damage resulting from errors in navigation or management of the vessel.245 And section 2 of the act, for 238 Dougan v. Champlain Transp. Co., 56 N. Y. 1. 237 Chisholm v. Northern Transp. Norwich, 1 Ben. (U. S.) 89; Allen Co., 61 Barb. (N. Y.) 363. v. Mackay, 1 Sprague (U. S.) 219. 240 U. S. Rev. Stat., Supp., p. 363. 241 The Danube, 55 Fed. Rep. 993. 242 The Prinz Georg, 23 Fed. Rep. 906. 239 Thorp v. Hammond, 12 Wall. (U. S.) 409; Norwich Co. v. Wright, 13 Wall. (U. S.) 104; The City of Hartford and The Unit, 11 Blatchf. (U. S.) 290; Place v. The City of 243 The Sidonian, 38 Fed. Rep. 440. 244 Act 1893, ch. 105, 27 U. S. Stat. L. 445. 245 The Rosedale, 88 Fed. Rep. 324. bidding the insertion in a bill of lading or shipping document of any covenant or agreement relieving the carrier from the obligation to use due diligence, does not apply to passenger tickets. A clause in a ticket limiting the liability of the carrier for baggage to a specified sum is valid and binding.246 246 The Kensington, 88 Fed. Rep. 331; s. c. aff'd 94 Fed. Rep. 885. INDEX TO VOLUME THREE. ACCIDENTS, [References are to Sections.] A status of passenger delayed by, 2661. no presumption that there was where it is not susceptible of proof, liability for that produced by unforeseen cause, 2802. no liability for injuries caused by, 2980. See PRESUMPTION OF NEGLIGENCE FROM HAPPENING OF THE ACCIDENT. ACT OF GOD, no presumption where injury proceeds from, 2766. ACTIONS, to recover fares, 2618. when accrues for expulsion of passenger, 3200. when that for expulsion of passengers barred, 3204. procedure in those for ejection of passengers, 3262-3269. parties to these for loss of baggage, 3464. forms of for loss of baggage, 3465. evidence in those growing out of street railway collisions, 3507. ADMIRALTY COURTS, jurisdiction over contracts for carriage of passengers by water, 3677. duty to carry passengers according to, 2552. ADVICE, AGE, passenger taking that of trainmen, 2932, 2933. as affecting duty to passenger, 2865. AGED PERSONS, duty of carrier to where they are passengers, 2735, 2736. AGENTS, power of station agents to establish regulations, 3114. liability for arrests by one possessing constabulary powers, 3274. what ones have implied authority to make arrests, 3277. carrier liable for acts of what ones in respect to baggage, 3406, 3407. AISLE OF CAR, See EMPLOYES. when negligence for passenger to stand in, 2967. AISLE OF STREET CAR, passenger obstructing with baskets, 3555. [References are to Sections.] ALIGHTING AT IMPROPER OR DANGEROUS PLACE, passenger alighting at improper or dangerous place, 3041, 3042. when contributory negligence imputable to such an act, 3044. alighting on wrong side of the train, 3046. alighting after station is called, but before train stops, 3047. alighting where station is called, but the train stops before reach crawling between two cars of freight train in making exit from passenger in alighting struck by engine or train on another track. alighting inside the turn-loop of an electric railway, 3052. conduct of passenger after leaving train, 3053. procedure in such cases, 3054. ALIGHTING FROM CAR, going onto platform preparatory to, 2953. ALIGHTING FROM STREET CARS, care required in favor of street railway passengers in the act of duty toward passenger while alighting, 3519. duty to see that all passengers have safely alighted before starting starting car before passenger has had reasonable time to alight. starting car with sudden jerk while passenger is getting off, 352% effect of violation of ordinance requiring street car to stop to allow stopping street car in improper or dangerous place, 3525. cases where company not liable, 3526. duty to protect alighting passengers against contact with car on 'duty to protect alighting passengers against contact with other burden of proof is on street railway passenger as to negligence, 3530. See CONTRIBUTORY NEGLIGENCE IN ALIGHTING FROM STREET CARS. ALIGHTING FROM TRAIN, duty to afford passenger a reasonable opportunity to safely alight, degree of care required of carrier respecting, 2862. duty of conductor to know whether he has on board passengers de waiting a reasonable time for, 2864. time for to be adjusted to age, sex, infirmities, etc., of the passen |