Imágenes de páginas
PDF
EPUB

JURY,

[References are to Sections.]

presumption takes question of negligence to, 2773.
necessity of inspection a question for, 2794.

how question as to inspection submitted to, 2795.

question for as to negligence in operating train, 2841.

when negligence in assuming dangerous position a question for,
2983.

negligence in jumping from moving train question for, 3014.

when contributory negligence in leaping from moving train a ques-
tion for, 3030.

whether carrier has performed police duty a question for, 3102.
questions for in connection with ejection of passengers, 3257.
See INSTRUCTIONS.

K

KNOWLEDGE,

passenger's that carrier's premises are unsafe, 3061.
of carrier's regulations, effect of, 3111.

[blocks in formation]

liability for injuries caused by, 2789.

what ones actionable and what ones not, 2803.

derailment caused by, liability for, 2812.

liability of stage and hackney proprietors for, 3627.
breaking of wheel or axle through, 3628.

LATEST IMPROVEMENTS,

[blocks in formation]

English doctrine as to liability of connecting carriers, 3348.
incorporated carriers not bound to carry beyond their own line,
3349.

contracts to carry beyond own line not ultra vires, 3350.
carriers may make contracts with connecting carriers, 3351.

[References are to Sections.]

LIABILITY FOR INJURIES TO PASSENGERS ON CONNECTING

LINES-Continued,

carrier not liable for losses or defaults beyond his own line in the
absence of special contract, 3352.

carrier may stipulate with passenger against liability for default
of connecting lines, 3353.

evidence of passenger's assent to stipulation against liability, 3354
in what sense a passage ticket is evidence of such a contract,
doctrine that through ticket or contract makes the carrier liable for
defaults of connecting lines, 3356.

first carrier not exonerated by private agreement among connect
ing carriers that each shall be responsible for his own defaults
only, 3357.

knowledge of passenger of the distinct ownership of the connecting
lines irrelevant, 3358.

view that a through ticket is a distinct contract with each carrier.
3359, 3360.

carrier doing injury liable, when, 3361.

responsibility of connecting carrier for representations of carrier
selling the ticket, 3362.

necessity of showing that passenger's baggage came into the hands
of the carrier who is sued, 3363, 3364, 3365.
when the last carrier is held responsible, 3366.

whether a transfer company is the last carrier or agent of the last
carrier, 3367.

cases depending upon special circumstances, 3368.

where there is a partnership or joint undertaking between two or
more carriers, 3369.

new contract not proved by a re-checking of baggage, 3370.
status of passenger in a "through car," 3371.

LIABILITY IN RESPECT TO PASSENGER'S BAGGAGE,

contract to carry passenger includes baggage, 3398.

measure of responsibility for baggage is that of common carrier of
goods, 3399.

distinction between measure of responsibility for personal safety
of passenger and for his baggage, 3400.

measure of responsibility in respect of articles not properly ag
gage, 3401.

carrier liable when notified of the nature of the articles, although
not baggage, 3402, 3403.

right of carrier to demand information as to contents of passengers
trunk, 3404.

duty of passenger with respect to his baggage during transit. 345.
carrier liable for acts of what agents in respect to baggage, 340.
when carrier exonerated because his agent acts outside the line of
his authority, 3407.

baggage not carried on same train or vessel with passenger. 5409
extra or excess baggage, 3409.

baggage of a gratuitous passenger, 3410.

statutes limiting liability for passenger's baggage, 3411.

[References are to Sections.]

LIABILITY OF CARRIER FOR ARRESTS OF PASSENGERS,
liability for arrests made by carrier's servants, 3272.

arrests of intending passengers made before the transit has com-
menced, 3273.

arrests made by officers of the law and railway agents possessing
constabulary powers, 3274.

rule of respondeat superior mistakenly applied in such cases, 3275.
liability for false arrests made either before or after transit com-
mences, 3276.

what officers have and have not implied authority to make arrests,
3277.

instigating officers to make arrests, 3278.

liability for permitting unlawful arrests of passengers, 3279.

arrest without warrant, 3280.

arrest for disorderly conduct, 3281.

LIABILITY WHERE ONE CARRIER USES ANOTHER'S MEANS OF
TRANSPORTATION.

carrier liable who uses another's means of transportation, 3375.
chargeable with negligence of such carrier, 3376.

illustrative cases, 3377, 3378.

rule under statutes, 3379.

circumstances under which several railroad companies may be
liable to passengers, 3880.

employing another carrier to carry out its contracts with its pas-
sengers, 3381, 3382.

liability of company over whose road the other company has running
powers, 3383.

right of action against such companies outside of statutes, 3384.
liability of a railroad company for injuries to passengers through
the negligence of its lessee, 3385.

lessor not liable where the lease is authorized by law, 3386.

liability of lessor company where the statute authorizing such lease
reserves such liability, 3387.

how question influenced by language of the lease, 3388.
liability of lessee company, 3389.

liability of receivers of railways, 3390.

where one company is exclusive bailee of the cars of another com-
pany, 3391.

negligence of independent contractors, 3392.

liability where a railroad is operated by a construction company,
3393.

illustrative cases of such liability, 3394.

LICENSE,

carrying passengers on vessel without, 3705.

LICENSEES,

duty of carrier to, 3309.

when persons on vessels are, 3646.

LIEN,

[References are to Sections.]

of carrier upon baggage for passenger's fare, 3412.
of carrier on baggage for passage money, 3672.
when injured party has on carrier's vessel, 3686.

LIGHTS,

duty to provide at stations at night, 2691.

negligence in failing to place on premises, 2692, 2694.

duty to provide in cars, 2834.

LIMITED TICKETS,

extensions of, 2606.

LIMITING LIABILITY,

contracts for in case of stockmen, 2910.

LIMITING LIABILITY FOR INJURIES TO PASSENGERS,

See CONTRACTS LIMITING LIABILITY FOR INJURIES TO PASSENGERS,
LIMITING LIABILITY FOR LOSS OF BAGGAGE,

contracts for, 3455.

forms of contracts deemed to have received passenger's asset
3456.

effect of notice limiting carrier's liability for passenger's baggage,
3457.

different views of subject, 3458.

what notice will be sufficient to affect the passenger, 3459, 3460.

in case of excursion trains, 3461.

notice and reasonableness of regulations as to checking, custody,
carriage, etc., of baggage, 3462.

[blocks in formation]

illustrative cases where negligence imputed to, 3078, 3079.

[blocks in formation]
[ocr errors]

MAIL CARS,

[References are to Sections.]

duty to provide safe passage to and from, 2707.

MAIL SACKS,

passengers injured by those thrown from trains, 2711.

MALICE,

in expelling passenger, question for jury, 3257.

MALICIOUS TORTS COMMITTED UPON PASSENGERS,

general doctrine as to liability of master for malicious torts of his
servant, 3162-3166.

liability of carrier for tortious acts of servants, 3167.

public policy involved, 3167.

carrier may be innocent, 3168.

enough that servant acts within scope of his employment, 3168.
liability where servant violates his duty to carrier, 3168.

carrier obliged to transport passenger in safety and defend himself
against unauthorized trespasses, 3169.

authority of agent to bring himself within relation of carrier to
person injured, 3170.

liability where servant steps outside the line of his duty, 3171.
liability on ground of respondeat superior, 3172, 3173.

cases holding master liable where servant acts within scope of his
employment, although willfully and wantonly, 3174.

when railway train conductor deemed to be acting within scope of
his employment, 3175.

when railway brakemen are within the scope of their employment,
3176.

when other servants are within the scope of their employment,
3177, 3178, 3179.

when carrier will be excused, 3180.

liability of carrier where servant, in doing a lawful act toward a
passenger, uses excessive force, 3181.

SEE ASSAULTS UPON AND INSULTS TO PASSENGERS; EJECTION OF PASSEN-
GERS; LIABILITY OF CARRIER FOR ARRESTS OF PASSENGERS.

MALPRACTICE,

liability for that of ship's physician, 3681.

MANUFACTURER,

negligence of imputed to the carrier, 2804.

liability for negligence of, 2805.

responsibility for slight negligence of, 2806.

MASTER AND SERVANT,

liability of master for the malicious torts of the servant, 3162.

doctrine of respondeat superior, 3172, 3173.

what will excuse master for servant's malicious acts, 3180.

liability where servant uses excessive force toward passenger, 3181.

MASTER OF VESSEL,

as common carrier, 3643.

when may refuse passengers, 3649.

when may expel passengers, 3650.

duty of as to treatment of passengers, 3661.

« AnteriorContinuar »