Federal Liabilities of Carriers: A Treatise Upon the Duties and Liabilities of Common Carriers by Railroads Under All Federal Laws, with an Appendix Containing a Copy of the Federal Statutes Affecting Railroads, and the General Orders of the Director General of Railroads Under the Federal Control Act of 1918, Volume 2

Front Cover
Callaghan & Company, 1918 - Carriers
 

Contents

Terms Railroad and Transportation Defined by Stat
1097
Existence of Undue Preference or Unjust Discrimination
1106
Compensation for Transit Privileges Not Limited to Actual
1114
CHAPTER VII
1131
CHAPTER XXXIII
1137
Scope of Act and Powers of Commission Greatly Extended
1139
Suits for Damages Recoverable Under Section 8 Cannot
1145
Formal Claims for Reparation Based upon Findings of Com
1158
State Statutes for Safety of Employes not Included
1161
UNJUST DISCRIMINATIONS AND UNLAWFUL PREFERENCES
1162
CHAPTER XXXV
1170
Plaintiffs Petition Must Plead Facts Showing That Injury
1179
Bridge Workers and Carpenters Employed in Interstate
1183
Unlawful Discriminations and Preferences Between Ship
1190
Burden of Proving Assumption of Risk upon Defendant
1210
CHAPTER XXXVII
1219
When Reshipment from Point of Delivery Does not Change
1223
Employes Procuring Supplies and Materials to be Used
1224
CHAPTER XXXVIII
1227
Power of Administrator to Settle Claims under Federal
1247
FEDERAL SAFETY APPLIANCE
1251
Cases in Which Interstate Employes were Held to have
1253
THE INTERSTATE COMMERCE COMMISSIONITS NATURE
1259
CHAPTER XXIX
1264
THE ACT TO REGULATE COMMERCE AS ORIGINALLY ENACTED
1265
Futile Attempts of the States to Regulate Charges for Inter
1283
Distinction Between Wholesale Rates in Passenger
1293
CHAPTER XIII
1306
Effect of the Decision in Wabash St L P Ry Co v Illi
1310
Linemen Repairing Telegraph and Telephone Lines of Inter
1311
CHAPTER XXV
1328
The Statutory Provision
1339
CHAPTER XLV
1363
Purpose of Congress in Empowering Commission to Prescribe
1375
CHAPTER XLVII
1385
CHAPTER XLVIII
1400
Contributory Negligence Defined
1404
CHAPTER XLIX
1416
CHAPTER L
1425
CHAPTER LI
1431
THE COMMERCE CLAUSE OF THE FEDERAL CONSTITUTION
1438
When Temporary Stoppage or Interruption Changes Inter
1469
Burden of Proving Excessive Service to be Within Statutory
1486
CHAPTER LII
1487
Illustrative Cases Wherein the Foregoing Rule was Applied
1491
Purpose of Congress in the Passage of the Provisions
1494
Status of Employes Dumping Coal from Chutes into Tenders
1500
FEDERAL ASH PAN
1502
Ancient Common Law and Modern Exceptions to Liabilities
1504
Adamson Act a Valid Exercise of the Power of Congress
1509
Appendix
1513
Defense of Estoppel to Actions Against Shippers for Under
1514
Duty of Commission When Classification is Used to Effect
1516
Strict Uniformity Not Always Required
1518
Introductory
1524
Extension of Transit Privilege Over Twelve Months
1531
Term Lawful Holder of Bill of Lading not Limited
1532
Amendments of 1906 and 1917 Increasing Membership
1535
Measure of Damages for Unreasonable Rates and Unlawful
1549
Discriminations and Preferences in the Classification
1551
Preferential Rates to Other Carriers as Shippers Prohibited
1553
Appendix D
1566
Transportation Wholly Within One State Not Under Fed
1567
Appendix
1575
Damages Growing out of Inadequate Service or Facilities
1578
Relation Between Carload and Less Than Carload Rates
1583
Applications to Carriers Under Fourth Section
1584
What the Schedules of Rates Fares and Charges Filed with
1585
Allowances for Lighterage Services to Shipper Within Free
1590
Requirements of the Rules at to Answers Filed Before Com
1598
Appendix I
1633
Transit Privileges Part of Transportation Under Control
1640
Regulation of Grain Elevation Service Under Federal Con
1654
Demurrage Charges on Interstate Shipments Must be Filed
1857
Initial Carrier Liable for Loss and Damage on Lines of Con
1863
Interstate Employment of Train Crews on Return Trip
1864
Removing Bolts from Timbers after Having Been Taken
1867
Application of Carload Rates to Carload Lots when Goods
1870
Federal Regulation to be Valid Must Have Real or Substan
1872
Nature of Carriers Liability as Warehouseman
1873
Loading Dunnage and Special Preparation of Freight Cars
1874
When Congressional Power may be Validly Exercised over
1879
Difference in Rates on Freight Not Justified by Different
1885
Report of Cullom Committee to Congress and Bill Recom
1886
Amendments Authorizing Commission to Prescribe Through
1888
States May Compel Carriers to Make and Maintain Track
1892
Courts Bound by Published Rates and Charges Until
1893
Commission not Authorized Under Original Act of 1887
1894
Apportionment of Damages under Federal Act Different from
1895
In Actions to Collect Scheduled Rates Counterclaims
1896
Complaints for Damages before Commission must be Filed
1897
Purpose and Object of Congress in the Enactment of Sec
1902
Status of Watchmen Detectives and other Employes doing
1905
Independent Express Companies Included by Hepburn
1906
Different Uses to which Commodity is Put No Justification
1907
DISCRIMINATIONS BETWEEN SHIPPERS AS TO RATES SERV
1908
Amendments and Additions to the Statute by the Mann
1910
Agents of Express Companies
1914
Employes on Premises of Railroad Company Going to
1915
Discrimination in Reserving Right to Route Through Ship
1916
Foregoing Principle Further Illustrated and Applied
1917
State Regulations or Charges for Transportation by Water
1920
Rates to One Locality Per Se Reasonable Unlawful
1923
The 1910 Amendment to the Long and Short Haul Provi
1931
Circumstances and Conditions Determining Dissimilarity
1932
CHAPTER V
1934
Clearing Debris from Interstate Lines after Wrecks
1938
Instances where Employes were Engaged in Interstate Com
1939
Commission may Prescribe the Forms of all Schedules
1942
When Congress Legislates upon a Subject Matter of Com
1943
THE CARMACK AMENDMENT AS MODIFIED BY FIRST
1944
Statutory Duty of Carriers to Route Interstate Freight
1946
Trap Car Service Not Unlawful If Practiced Without Dis
1948
Unjust Discrimination and Preference Sections of Original
1950
Commission an Administrative Body Exercising Quasi
1952
Invalid Provision of Section 12 Remedied by Passage
1953
Effect of Second Amendment upon Provisions of First Cum
1954
Relation of Discrimination Clause to the Elkins Act
1957
Transcripts of Testimony to be Furnished Complainant
1958
When Assumption of Risk is a Defense to Negligent Acts
1963
Difference in Amount of Traffic Between Localities Simi
1966
Discrimination in Refusal of Rail Carriers to Establish
1967
States May Not Regulate Ticker Service of Interstate
1969
Rules Governing Filing of Briefs
1971
Carriers and Their Agents Prohibited from Giving Informa
1975
Limitations of Liability Valid as to Property Other Than
1976
Exclusive Privileges for Auxiliary Facilities at Stations
1984
Power of Commission over Safety Appliances on Railroad
1986
Negligence of Common Carrier Need Not be Shown
1987
Extension of Jurisdiction of Commission over Water Car
1989
Unreasonable Compensation to Shippers for Services
1990
Interurban Electric Railroads Included Within the
1991
Discrimination in the Establishment and Maintenance
1993
Lower Rates to Settlers Unlawful
1994
Rates for Passage of Vehicles on Railroad Ferries Must
1995
Amendment of 1917 Prohibiting Filing of Increased Rates
1996
Valid Municipal Regulations of Drivers on Streets Carry
2004
Constitutionality and Validity of the Carmack Amendment
2009
Effect of Statute Upon Contracts with Discriminatory Pro
2010
Express Companies not Common Carriers by Railroad Under
2012
CHAPTER III
2014
PROCEDURE BEFORE INTERSTATE COMMERCE COMMISSION
2022
Carriers May Limit Liability for Value of Property at Time
2023
Unreasonable Preferences to any Particular Description
2025
President Empowered to Assume Control of Transportation
2027

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