A Treatise on the Law of Carriers of Passengers, Volume 1

Front Cover
West publishing Company, 1897 - Carriers - 1693 pages
 

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Contents

Standard of Care
10
Highest Practicable Care
11
Unforeseen Accidents
12
Duty to Adopt New DevicesFinancial Ability
13
Custom and Practice of Other Carriers
14
Act of God and of Public Enemy
15
Same Degree of Care Required Whatever Mode of Conveyance
16
SameFreight and Construction Trains
17
SameStreet Cars
18
CHAPTER XXX
57
FET CAR PAS1
65
Same Medical Opinions Based on Statements Made out of Court
400
Same Allegations of Negligence 441 SameAllegations of Gross Negligence and Willfulness 412 Same Allegations by Plaintiff Negativing Contributor...
412
SameIn Actions for Ejection and Failure to Carry to Destina
413
Action for Damages and Writ of Mandamus
421
Form of Action
422
SamePersonal Injuries Negligently Inflicted
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
Statement of Plaintiffs Cause of ActionIn Action Based on Negligence
429
Same Alleging Duty of CareRelation of Carrier and Passen
430
SameAlleging Negligence
431
Same Alleging Contributory Negligence
432
SameActions for Ejection or Failure to carry to Destina tion
433
Same Alleging Damages
434
SameJoinder of Causes of Action
435
Defensive Pleadings
436
Amendments
437
Pleading and ProofVariance
438
SameAllegations as to Damages and Injuries
444
SameDefendants Pleadings
445
SameWaiver of Objections
446
Knowledge of Defects or Incompetency
447
Custom and Usage 449 Other Acts of Negligence
449
Other Accidents
450
Other Defects
451
Subsequent Precautions and Repairs
452
Declarations against Interest 454 SameBy Agents or Employés
454
Declarations in Favor of Party Making Them
455
SameDeclarations and Exclamations of Pain
456
Declarations and Acts of Third Persons
457
458 Real or Demonstrative Evidence
458
Photographs 460 Physical Examination of Plaintiff
460
Best EvidenceEvidence on Former Trial
461
Miscellaneous DecisionsNegligence and Contributory Negli gence
462
SameIn Actions for Ejection and Wrongful Arrest
463
SameAs to Damages and Injuries
464
Opinion Evidence
465
Same As to Injuries and Damages
466
Expert Evidence
467
SameOn What Subjects Competent
468
SameMedical Experts
469
SameExamination of Experts
471
Privileged Communications
472
Burden of Proof
473
SameAs to Breach of Duty
474
SameAs to Damages and Injuries
475
SameContributory Negligence
476
Degree of Proof
477
Judicial Notice
478
Presumption of Being Passenger
479
Presumption of NegrigenceHappening of Accident
480
SameAccidents on Road Vehicles 482 SameDerailment of Car or Train
482
SameCollision
483
SameExplosions
484
SameDefective Roadbed and Machinery 486 SameConcussion of Cars and Jars of Trains and Boats
486
SameInjuries to Passengers While Embarking and Alight
487
SameFalling Objects and Missiles
488
SameDeath of Passenger
489
SameOther Cases Where Presumption has Obtained
490
SameOther ases Where Presumption has not Obtained
491
SameContributory Vegligence
492
SamePersons not Passengers
493
SameRebutting the Presumption
494
SameRule in Texas
495
SameStatutory Presumptions
496
Credibility of Witnesses
497
SameContradictory Statements
498
SameFalsus in no Falsus in Omnibus
499
Positive and Negative Testimony
500
Failure to Call Witness
501
Weighing Expert Evidence
502
Conflict of EvidenceProvince of Jury
503
SameBetween Witnesses for Same Party
504
SameSufficiency of Evidence as to Relationship of Carrier and Passenger
505
SameTaking Case from Jury
506
SameDuty of Judge on Motion for New Trial
507
SameOn Appeal
508
Jurisdiction and Venue
509
Limitation of Actiois
510
Survival of Cause of Action
511
Competency of Jurors
512
Argument of Counsel
513
InstructionsProvince of Jury
514
SameAssuming Facts and Singling out Testimony
515
SamePleading and Evidence to Support
516
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
anity Caused by Fright or Shock
532
Refusal to Accept Passenger 534 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
SameExcessive Force
540
False Imprisonment
541
Definition and When Recoverable
542
In Cases Where There Has Been no Actual Damage
543
Province of Court and Jury 545 Corporations
545
Liability of Master for Torts of Servant
546
SameRatification of Servants Acts
547
Gross Negligence
548
Poverty of Defendant 550 Failure to Accept and Carry Passenger
550
Carrying Past Destination
551
Ejection 553 Rude and Insulting Tone 554 Statutory Provisions CHAPTER XXXVIII
552
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
Assault Insult and Arrest
563
Failure or Refusal to Accept and Carry Passenger
566
Denial of Accommodations
567
Carrying Past Destination
568
Ejection
569
SamePersonal Injuries
570
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 577 Modern Statutes
577
SameMassachusetts Statutory Provisions Pertaining to Pas sengers
578
SameStatutes of Missouri Colorado and New Mexico
579
CHAPTER XL
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
Same Theatrical Paraphernalia
593
SameJewelry
594
SameBicycles
595
SameFirearms 597 SameDogs
597
SameMoney
598
SameDuty to Disclose Value 600 SameProperty of Tuird Persons
600
SamePassenger to Accompany
601
Merchardise
602
SameCustom and Usage
603
SameCarriers Duty to Inquire
604
SamePayment of Extra Compensation 606 SameKnowledge of Carrier
606
Rights of Passenger as to Property not Baggage
607
Duration of Liability as Insurer
608
When Liability Begins
609
SameNotice to Carrier
610
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
Same Mistake
618
SamePassenger Stopping at Intermediate Station
619
SameDeath of Passenger During Voyage
620
Liability as Warehouseman
621
SameTermination of Liability
622
23 Connecting CarriersLiability of Each as to Its Own Line 624 SameLiability of First Carrier Beyond Its Line
624
SameLiability of Connecting Carrier Beyond Its Line
625
SamePartrership and Joint Traffic Arrangements
626
Limitation of Liability by Contract
627
SameConnecting Lines
628
SameMode in Which Liability may be Limited
629
Limitation as to Value of Baggage
630
SameMode in Which Liability may be Limited
631
CHAPTER XLII
645
TABLE OF CASES CITED
705
Statutory Limitation of Liability
715
11
784
Copyright

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Common terms and phrases

Popular passages

Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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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