CORPUS JURIS VOLUME TEN CARRIERS By WILLIAM A. MARTIN and HENRY H. SKYLES † [Matters not in this Title, treated elsewhere in this Work, see Cross References infra p 37] I. DEFINITION AND NATURE [sub-analysis p 6] II. LIABILITY FOR LOSS OR INJURY [sub-analysis p 6] III. ASSUMPTION OF SPECIAL LIABILITY [sub-analysis p 6] IV. LIEN FOR CHARGES [sub-analysis p 6] V. COMMON CARRIERS ACTING AS PRIVATE CARRIERS [sub-analysis p 6] II. REGULATION AND CONTROL OF COMMON CARRIERS [sub-analysis p 7] A. In General F. Judicial Proceedings to Enforce or Restrain Enforcement of Regulations by Statute or Orders of Railroad Commissions Author of "Accord and Sasisfaction" 1 C. J. 520, "Adverse Possession" 2 C. J. 37, "Arbitration and Award" 5 C. J. 1. "Assumpsit, Action of" 5 C. J. 1378, "Boundaries" 9 C. J. 145, "Bridges" 9 C. J. 417, "Burglary" 9 C. J. 1006, "Cancellation of Instruments" 9 C. J. 1154, "Accord and Satisfaction" 1 Cyc 305, "Adverse Possession" 1 Cyc 968, "Appearances" 3 Cyc 500, "Costs" 11 Cyc 1, and of a Treatise on the "Law of Labor Unions"; and joint author of "Appeal and Error" 3 C. J. 256. Author of "Abduction" 1 C. J. 281, "Adjoining Landowners" 1 C. J. 1200, "Agency" 2 C. J. 404. "Alteration of Instruments" 2 C. J. 1168, "Architects" 5 C. J. 254, "Auctions and Auctioneers" 6 C. J. 820. "Bail" 6 C. J. 883, "Bonds" 9 C. J. 1, "Brokers" 9 C. J. 505, "Building and Construction Contracts" 9 C. J. 688, "Fires" 19 Cyc 977, "Fish and Game" 19 Cyc 986, "Fornication" 19 Cyc 1433. "Improvements" 22 Cyc 1, "Informations in Civil Cases" 22 Cyc 716, "Joint Tenancy" 23 Cyc 482, "Liens" 25 Cyc 655; and joint author of "Gaming" 20 Cyc 873, "Railroads" 33 Cyc 1, "Street Railroads" 36 Cyc 1338, and of a Treatise on the "Law of Agency." For later cases, developments and changes in the law see cumulative Annotations, same title, page and note number. [10 C.J.-1] III. RIGHT OF CARRIER TO MAKE REGULATIONS FOR CONDUCT OF BUSINESS [sub-analysis p 7] IV. DUTY TO RECEIVE AND TRANSPORT PROPERTY [sub-analysis p 7] A. Statement of General Rule B. Rule Applicable to Connecting Carriers C. Excuses for Refusal to Transport D. Conditions Precedent to Right of Transportation V. DUTY TO FURNISH CARS [sub-analysis p 7] B. Excuse for Failure to Furnish Cars C. Conditions Precedent to Shipper's Right to Cars D. Action for Failure or Refusal to Furnish Cars E. Injunction to Compel Carrier to Furnish Cars VI. DUTIES INCIDENT TO TRANSPORTATION [sub-analysis p 7] A. Introductory Statement B. Duty to Furnish Suitable Facilities for Receiving and Delivering Goods C. Duty to Follow Shipping Directions D. Duty to Divert Shipment at Request of Owner of Goods E. Duty to Furnish Suitable Cars F. Care of Goods While in Transit G. Duty as to Loading and Unloading H. Correlative Right of Carrier to Furnish Facilities and to Charge for Them I. Miscellaneous Rights and Duties Imposed by Exceptional Circumstances VII. COMMON-LAW LIABILITY OF CARRIERS FOR LOSS OR INJURY [sub-analysis p 9] B. Reasons on Which Rule Is Based C. To What Classes of Carriers Rule Applicable D. Excepted Causes Exempting Carrier' E. Effect of Right of Carrier to Refuse to Receive Goods F. Insurance by Carrier against Usual Risks as Affecting Liability G. Effect of Interstate Commerce Act and Its Amendments on Liability H. The Louisiana Doctrine VIII. LIMITING OR EXTENDING COMMON-LAW LIABILITY BY CONTRACT [sub-analysis p 9] B. Limiting Common-Law Liability IX. SHIPPING RECEIPTS, BILLS OF LADING, AND SPECIAL CONTRACTS [sub-analysis p 11] B. Bills of Lading C. Special Contracts for Transportation X. AUTHORITY OF AGENTS TO MAKE CONTRACTS FOR CARRIER [sub-analysis p 12] B. Contracts for Furnishing Cars C. Contracts for Transportation on Connecting Line D. Stipulations as to Time and Place of Delivery E. Settlement of Claims for Damages F. Stipulations as to Rates, Rebates, and Discrimination G. Authority in Reference to Other Contracts XI. DELIVERY AND ACCEPTANCE TO CHARGE CARRIER [sub-analysis p 12] XII. CUSTODY AND CONTROL OF GOODS IN TRANSIT [sub-analysis p 12] A. Title to Goods B. Stoppage in Transitu XIII. CARRIER'S CUSTODY OF GOODS BEFORE AND AFTER TRANSPORTATION [sub-analysis p 13] A. Custody of Goods Awaiting Transportation B. Custody of Goods Stopped in Transitu C. Custody Awaiting Delivery to Consignee XIV. FINAL DELIVERY [sub-analysis p 13] A. Effect of Final Delivery B. Duty of Carrier to Make Final Delivery C. What Must Be Delivered D. Time of Delivery XV. SEIZURE OF GOODS UNDER LEGAL PROCESS AS EXCUSE FOR NONDELIVERY [sub-analysis p 14] A. In general B. Seizure under Police Regulations I. What Damages Recoverable XVII. CLAIMS FOR DAMAGES, WAIVER, NOTICE OF CLAIM, AND LIMITATION OF TIME TO SUE [sub-analysis p 16] A. Waiver of Claim B. Notice of Claim for Damages C. Contractual Limitations as to Time for Bringing Suit XVIII. ACTIONS FOR LOSS OF, OR INJURY TO, GOODS [sub-analysis p 16] A. Jurisdiction and Venue B. Conditions Precedent C. Parties D. Pleadings E. Evidence F. Trial G. Elements and Measure of Damages XIX. RATES AND RATE MAKING [sub-analysis p 18] A. Terminology B. Right of Carrier to Fix Rates C. Power of State to Fix or Regulate Rates D. Power of Federal Government to Fix or Regulate Rates E. Reciprocal Rights of Public and Carrier in Respect of Service and Rate of Compensation F. Reasonableness of Rates G. Standard of Adequate Return H. Evidence and Presumptions as to Reasonableness of Rates I. Joint Rates and Division of Rates J. Pooling Arrangements K. Filing, Publication, and Posting of Rates L. Power of Court to Prescribe Rates M. Construction of Particular Tariffs N. Proceedings to Enforce Compliance by Carrier with Rates Fixed by Statute or Railroad Commission 0. Proceedings Maintainable by Carrier for Relief against Unreasonable Rates P. Proceedings Maintainable by Shipper or Consignee for Relief against Unreasonable Rates Q. Proceedings Maintainable by Bondholders for Relief against Unreasonable Rates R. Effect of Change of Rates after Shipment Has Commenced XX. FREIGHT CHARGES AND LIENS [sub-analysis p 20] for later cases, developments and changes in the law see cumulative Annotations, same title, page and note number. A. Unjust Discrimination Prohibited Both by Common Law and Statute B. Only Unjust Discrimination Prohibited C. Offer of Discrimination Not a Violation of Interstate Commerce Act D. Who Are Amenable to Law against Discrimination E. In Whose Favor Law against Discrimination. Operative F. Services Outside Scope of Carrier's Duty as Such G. Competition as Justifying Discrimination H. Particular Kinds of Discrimination Considered I. Rights and Remedies Arising out of Unjust Discrimination J. Unjust Discrimination Ordinarily a Question of Fact XXV. CONNECTING CARRIERS [sub-analysis p 22] B. Rights, Duties, and Liabilities of Initial Carrier C. Rights, Duties, and Liabilities of Intermediate and Terminal Carriers D. Liability of Main Line for Loss Occurring on Branch Lines F. Right of Connecting Carrier to Benefit of Limited Liability Clauses in Contract of Carriage G. Right of Connecting Carrier to Benefit of Stipulation for Notice of Claim for Damages I. Liability Over of Carrier Causing Loss or Injury J. Furnishing of Facilities by Carrier to Connecting Lines C. Violation of Section 10 of Interstate Commerce Act and Its Amendment D. Sending Dangerous Goods by Carrier without Giving Notice of Their Character XXIX. LIABILITY OF SHIPPER OR CONSIGNEE TO CARRIER FOR TORTIOUS ACT [sub-analysis p 26] |