Watkins on Shippers and Carriers

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Harrison Company, 1930 - 1258 σελίδες

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Laws Limiting or Enlarging the CommonLaw Liability of Carriers
33
Same SubjectLiability to Employees
34
Congressional Regulation of Loss and Damage Claims
35
Requiring Railroads to Perform Transportation Service
36
Lake E W R Co 83 Fed 284
40
Louisville N R Co 57 Fla 526 49 So 39 28
58
StoneTracy Co 220 U S 107 55 L Ed 389 31 Sup Ct 342
59
Minneapolis St L R Co 80 Minn 191 83 N W 60 89
64
Same SubjectMileage BooksPartyRate Tickets
75
Free Transportation
78
Routing Freight
79
Florida Citrus Ex v A C L R Co 39 I C C 325 184
91
Same SubjectRelative Cost of Different Kinds of Transportation
100
Testing a Rate by Use to Determine Whether or Not It Is Confiscatory
102
So Ry Co 203 U S 270 51 L Ed 178 27 Sup Ct 104 58
104
Issuance of Stocks and Bonds
105
Long and Short Haul
106
Ferries
109
Bridges
111
Regulating Charges for Transportation by Water
112
Regulating Pilotage Ports Harbors and Vessels
115
Boards of Trade and Exchanges 58 InspectionQuarantine Game Food Liquor and Lottery Laws
118
Florida Fruit Vegetable Asso v A C L R Co 17 I C C 552
121
Taxation Including License Taxes
122
Procedure to Test the Validity of State Regulations
124
CHAPTER II
127
ALL CHARGES FOR SERVICES RENDERED BY COMMON CARRIERS IN THE TRANSPORTATION OF PERSONS OR PROPERTY OR IN CON...
166
Same SubjectRule in Duncan Case Criticised 121 Proper Differential Between Rates on Carload and LessthanCarload Freight Carload Minima
167
Classification
171
Class and Commodity Rates
173
The Consolidation of Freight Classifications 87 Modern Tendency Toward the Making of Commodity Rates in Relation to Class Rates
174
Uniformity of Relationships Between Classes in the ClassRate Scales
175
MinimumRate Power of the Commission
176
Cost of Service
179
Some of the Principal Elements of the Cost of Service 92 Valuation of CommonCarrier Property
185
What is a Reasonable Return to the Carrier?
189
When Carriers Duty to Furnish Service
191
Value of Service
192
Rates on Cotton Seed and Its Products 28 I C C 219 497
193
Use to Which Commodity is
195
Cost of Assembling Theory 98 Value of the Commodity Its General Utility and Danger of Loss
197
Competition or Its Absence Considered in Determining Reasonableness of Rate
198
Limitations on the Observance of Competition in RateMaking
205
Rates Affected by Amount of Tonnage
207
Density of Traffic 104 Distance and Revenue Per TonMile
210
Re Export Rates of Flax Seed Products 27 I C C 246 104
212
MultipleLine Hauls 106 General Business Conditions
213
The HochSmith Resolution and Its Effect on RateMaking
216
Estoppel
219
Rates Long in Existence Are Presumed to Be Reasonable 110 Same Subject
222
Voluntary Reductions of Rates
223
Effect of Act of June 18 1910 on Voluntary Rate Reductions
224
Grouping Territory and Giving Each Group Same Rate Legal Under Some Circumstances
226
Grouping Producing Points and Making Zones Taking Same Rates 115 BasingPoint System
230
Breaking Rates at the Territorial Gateways
232
Carload and LessthanCarload Movements as Affecting the Rate 119 Establishing Carload Rates
237
TrainLoad Rates
242
Relation of Through Rates to the Sum of the Local Rates
243
Proportional Rates
245
Thrugh Rates Must Not Exceed Aggregate of Intermediate Rates 126 Through Routes and Joint Rates
249
Same SubjectAmendments of 1910 and 1912
250
Rates on Commodities Requiring Refrigeration 129 Rates on Returned Shipments
253
The Public Interest Must Be Considered in Making Rates
254
General Principles Applicable to the Question What Is a Reasonable Rate?
256
Same SubjectSome Statements of the Commission as to Such General Principles
258
Same SubjectDiscussion of Principles in Chicago LiveStock Exchange Case
260
Same SubjectRate Considered in and of Itself
262
Same SubjectCommission Not Bound by Technical Rules 136 General Summary
264
CHAPTER IV
269
RebillingConclusion 178 Payment of Elevator Allowances 179 Transit PrivilegesGenerally 180 Allowances to TapLine Railroads 181 Allowances to I...
270
Valuation How Made
280
Finality and Effect of Valuation
281
Office of Commission
282
Annual Reports from Carriers
283
Examiners
284
Reports by the Commission
285
Lake Erie and Ohio River Ship Canal
286
Parcel Post
287
Section 22
289
Hannibal St J R Co v Husen 95 U S 465 24 L Ed 527 58
308
Fourth Section Departures 129 I C C 187 164
314
S R Co 90 S C 485 75 S E 1020
356
Jurisdiction of the Courts of the United States to Compel the Attend ance of Witnesses Before the Commission and Enforce Obedience to
359
Rebates
360
Mandamus
361
Corporation Punishable for Rebating
362
Summary
363
Injunctions Against Unlawful Rates and Practices
364
CONSTRUCTION ABANDONMENT CONSOLIDATION AND FINANCING 199 General Statement 200 Extension Not Within the Statute 201 A Ce...
365
Same SubjectEffect of Amendment of 1910
367
Jurisdiction of Suits to Set Aside Orders of the Commission
368
Same SubjectNegative Order of the Commission
369
Parties
370
Procedure
371
Penalties 208 Consolidation of Carriers 209 Interlocking Directorates
372
Express and Telephone Companies
373
AntiTrust Laws 212 Water Carriers 213 Issuance of SecuritiesThe Statute
374
Constitutionality of Provision with Relation to Issuance of Securities 215 Rights of the States not Wholly Excluded 216 Procedure of Interstate Com...
375
The Substance and Not the Form of the Finding Determines
376
CHAPTER VI
377
Lack of Full Hearing
378
Awards of Damages
379
Awards of DamagesParties and Procedure
380
Procedure to Enforce or Annul Orders of the Commission
381
Interlocutory InjunctionsThree Judges to Hear Application
382
Interlocutory InjunctionsNotice and Hearing
383
Interlocutory InjunctionsAppeal from
384
Appeal from Final Judgment
385
Venue of Suits CHAPTER X
386
387 Scope of Chapter
387
Quarantine Laws Relating to Transportation
388
Sherman AntiTrust
389
Clayton AntiTrust
390
CHAPTER VII
391
GovernmentAided Railroads and Telegraph Companies 289 CommonLaw Remedies Continued
392
Industrial Switches and Railways
397
Switch Connections with Carriers by Water
398
Through Routes
400
Re Express Companies 1 I C C 349 1 I C R 677 401 403 448
401
Division of Joint Rate
402
Allowance to Shippers for Services and Facilities
403
Duty of Carrier to Furnish Transportation and to Establish Through Routes
404
All Transportation Charges Must Be Reasonable
405
Distribution of Cars
406
Furnishing CarsCar Service 246 LongandShortHaul Provisions History
407
Relationship of Intermediate and Through Rates 248 Water Competition 249 Power of the Commission Under the Fourth Section
409
Ownership of Water Carriers by Railroads
411
The Commissions Duty with Reference to Schedule of Rates
412
Bills of Lading
414
Damages
415
DamagesPower of the Commission to Make Award
416
Awards of Damages for Charging an Unjust and Unreasonable Rate
418
Awards of Damages for Unlawful Discrimination
422
Damages Under the Fourth Section
427
Eldred Milling Co v C N R Co 42 I C C 215
428
Damages for Misrouting
429
DamagesGeneral Statement 260 Damages for Misquoting a Rate
431
Fourth Section Violation in Rates on Sugar 31 I C C 511
432
Damages to Whom Paid
433
Damages by Whom Paid
436
DamageProtest Unnecessary
438
Little Rock M R Co v East Tenn Va Ga Ry Co 3 I C C 1 2
454
CHAPTER VIII
462
Documentary Evidence 334 Briefs and Oral Argument 335 Applications for Rehearings Rearguments or Modification of Orders 336 Number of Cop...
463
Persons Who May File Complaints With the Commission and Practice With Reference Thereto
483
Commission May on Its Own Motion Institute Investigations
484
The Weak and the Strong Roads
485
Other Orders 311 Service of Orders of the Commission 312 Rehearings by the Commission
486
Valuation of Property 314 Oral Argument
487
Estoppel by Former Order of the Commission
488
Rules of Procedure Prescribed by the Commission 317 Public Sessions and Hearings
489
Personal Appearances 319 Admission to Practice
490
Parties
492
Complaints
494
Re Free Transportation of Newspaper Employees 12 I C C 15 408 617
496
Answers
499
P R R Co 203 Fed 134
521
Service of Orders of Commission
524
Commission May Suspend or Modify Its Orders
525
Punishment for Knowingly Disobeying an Order Issued Under Section Fifteen
526
Special Attorneys May Be Employed
527
Courts May Enforce Obedience to Commissions Order Mandatory or Otherwise
528
Schedules Contracts Etc Must Be Filed With the Commission and When Filed Original or Certified Copy Prima Facie Evidence
529
Rehearings May Be Granted by Commission
530
Procedure Before the Commission
531
CHAPTER IX
532
Function of Commission May be Performed by Divisions
533
Procedure of DivisionsRehearing by Whole Commission
534
Powers of Commission not Lessened
535
Salaries and Expenses of the Commission
536
JurisdictionGeneral Statement
540
So Ry Co 42 I C C 736 179
541
Commerce Court
543
Re Gregory 219 U S 210 55 L Ed 184 31 Sup Ct 143 58
552
General Jurisdiction of Federal Courts
556
C of Ga Ry Co 149 S E 286
558
Order Bill of Lading Negotiable
563
Certain Order Bills
564
Indorsement on Order Bill
565
Indorsement on Straight Bill of Lading
566
Insertion of Name of Person to be Notified
567
Duty of Carrier to Deliver Goods on Demand
568
Persons to Whom Carrier May Deliver Goods
569
Liability of Carrier in Case of Delivery of Goods to Wrong Person
570
Liability of Carrier to Purchaser of Order Bill
571
Liability in Case of Part of Goods
572
Alterations
573
Courts May Order Delivery of Goods on Loss of Order Bill of Lading
574
Liability of Carrier on Bill of Lading Indorsed Duplicate
575
Adverse Claim of Title
576
Requiring Conflicting Claimants to Interplead
577
SafetyAppliance Law 394 HoursofService Law 395 EmployersLiability Law 396 Arbitration and Labor Laws 397 Breaking Seals of Railroad Cars C...
578
Claim of Third Person Enforced by Legal Process
579
Shippers Weight Load and Count
580
Weight Load and Count
581
Liability of Carrier on Bill of Lading Issued by its Agent
582
Attachment by Garnishment
583
Remedies of Creditor
584
Lien of Carrier
585
Liability of Carrier After Sale of Goods
586
Negotiation of Order Bill by Delivery
587
Act of February 11 1893 Chapter 83 27 Stat 443 49 U S C A Section
588
Free Service with Certain Exceptions Prohibited and Penalties Pre scribed 409 Excepting Cincinnati Southern Railway 410 Railroad Companies Prohi...
589
Whether or Not Competition Exists to be Determined by the Com mission 446 Commission May Relieve from Provision 447 Water Carriers to File T...
590
Power of Courts to Punish for Disobedience Witnesses Not Excused Because Testimony May Incriminate 482 Right to Take Testimony by Depositio...
591
Carrier Failing to Comply with Order for Reparation Suit May be Brought Thereon in United States and State Courts the Order Being Prima Facie Evi...
592
Carriers Liable for Full Value of Property TransportedCummins Amendment 559 All Carriers Parties to the Transportation Liable 560 Bills of Lading...
593
Not Applicable to NotesRule as to No Par Stock 613 Reports of Carriers Showing Security Issues Required 614 Securities Not Authorized VoidPenalti...
594
Direct Appeal to Supreme Court 652 GovernmentAided Railroad and Telegraph Lines 653 Connecting Telegraph Lines 654 Duties Imposed on Inter...
595
Re Huntington 68 Fed 881 428
598
Rates on High Explosives 33 I C C 567 401
604
Re Lumber Rates 21 I C C 455 495
617
Freight Bills 29 I C C 496 499
619
Elevation Allowances at St Louis 30 I C C 696 405
624
Through Bills of Lading Required
625
Such Through Lading not an Arrangement for Continuous Service
626
Automatic TrainStop or TrainControl Devices May be Required
627
Title of
628
Existing Laws as to Obtaining Testimony Applicable to
629
Repealing Conflicting Laws not to Affect Pending Suits
630
Time of Taking Effect of
631
Carriers Must Designate Agents in Washington
632
Pending Cases not Affected
633
Commission to Investigate Questions Pertaining to Issuance of Stocks and Bonds
634
Injunctions Against Operation of State Statutes
635
When Act Effective
636
Parties Defendant Other Than Carriers in Suit to Enforce Provisions of
637
Equitable Proceedings May be Instituted by the Commission to Restrain Discrimination or Departures from Published Rates
638
Immunity and Compulsory Attendance of Witnesses Production of Books and Papers
639
Expediting Act Applicable to Suits Brought Under Direction of
640
D L W R Co 236 N Y S 289 558
648
Penn Co 4 I C C 212 3 I C R 257 118 428
660
Little Rock M R Co v East Tenn Va Ga Ry Co 159 U S 698
666
Elwood Grain Co v St J G I R Co 202 Fed 845 121 C C A 153 462
672
Little Rock etc R Co v St Louis etc R Co 41 Fed 559 430 480 493
677
Columbus W R Co 1 I C C 236 1 I C R 631 432
682
Re Peasley 44 Fed 271 475 481
684
Emlenton Petroleum Rates 29 I C C 519 432
690
Railroad Com of Washington 52 Wash 17 100 Pac 179 15
703
Re Petition of Louisville N R Co and Southern Ry S S Co 1 I C C
709
Rates on Slag 34 I C C 337 449
712
Chicago N W Ry Co 13 I C C 167 404 474
744
Terminal R Asso 114 Fed 666 266 474
748
W S R Co 128 Ga 705 57 S E 795 43
750
St Paul M M R Co 1 I C C 102 1 I C R 323 483
777
Sterling Sons Co v M C R Co 21 I C C 451 500
791
Re Advances on Furniture 25 I C C 299 494
806
Empire Coke Co v B S R Co 31 I C C 573 495
809
Erie R R v Kieser Son Co 215 N Y S 576 216 App Div 500 403
815
torneyGeneral
828
Live Stock Classification 47 I C C 335 220 558
867
Reardon 204 U S 152 51 L Ed 415 27 Sup Ct 188 57
871
Erie R Co v Stone 244 U S 332 61 L Ed 1173 37 Sup Ct 633 558
872
N O M C R Co 22 I C C 578 103
873
Straight Bill of Lading
877
Warranties by Mortgagee 596 Bona Fide Purchaser of Bill Wrongly Negotiated
889
Negotiation of Order Bill by Mortgagor 598 Superior Rights of Bona Fide Purchaser of Order Bill 599 Lien Valid 600 Forgery or Counterfeiting Bill...
890
Definitions
891
Retroactive Effect 603 Invalidity of Part of Act 604 Carrier As Used in This and Next Eleven Sections Defined 605 Security Issues Regulated
892
Power of Commission Over Applications to Issue Securities 607 Commission to Prescribe Form of Applications
893
Notice of Sale of Securities Required 609 Notice of ApplicationsHow Served
894
Exclusive and Plenary Jurisdiction Given Commission 611 No Guarantee by United States
895
Mich Cent R Co 9 I C C 42 428 432
916
Repealing Clause not to Affect Pending Suits or Accrued Rights
918
Commerce Court
919
Commerce Court Abolished
927
Venue of Suits on Orders of Interstate Commerce Commission
928
Procedure in the District Courts
929
Temporary Restraining Orders
930
An Appeal to the Supreme Court from Interlocutory or Final Orders 648 Appeals from Final Judgments 649 Pending Causes Transferred to District C...
932
Effective Date Section Ten Clayton Act Extended 665 Part of Act Unconstitutional not to Invalidate Other Parts
945
Federal Control
946
CHAPTER XII
947
Feeding Shall be at Expense of Owner Lien Given for Food
951
Penalty
952
MeatInspection
953
Federal Control Act and Provisions of Transportation Act 1920 Termi nating Federal Control
955
Railway Labor
1011
United States Shipping Act 4 Merchant Marine Act 1920
1033
Merchant Marine Act 1928
1063
B M R Co 209 Mass 598 95 N E 945 23 Ann Cas 699 219
1121
Int Com Com 225 U S 302 56 L Ed 1099 32 Sup Ct 769 376
1173

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Σελίδα 117 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the constitution.
Σελίδα 156 - 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. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use,...
Σελίδα 136 - ... shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported...
Σελίδα 530 - That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment...
Σελίδα 772 - It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures.
Σελίδα 615 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Σελίδα 118 - If, as has always been understood, the sovereignty of congress, though limited to specified objects is plenary as to those objects the power over commerce with foreign nations, and among the several States, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Σελίδα 699 - President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
Σελίδα 532 - ... from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country...
Σελίδα 793 - States, and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and imprisonment.

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