About this book
My library
Books on Google Play
TOPIC C.- -THEORY OF LAISSEZ FAIRE.
§ 20. Freedom of individual effort limiting the application of the prin-
ciple.
21. Early decisions as to gas supply an illustration.
22. Early decisions as to waterworks an illustration.
23. Cotton press as a modern illustration.
24. Stockyards as a modern illustration.
25. Conservative and radical views concerning the public services.
TOPIC D.-GROWTH OF THE PUBLIC EMPLOYMENTS.
§ 26. Extension of the application of the principle in recent times.
27. Growth of the public service companies in late years.
28. Grain elevators as an illustration.
29. Warehouses as an illustration.
30. Associated Press as an illustration.
31. Ticker service as an illustration.
32. The public services as virtual monopolies.
33. Overshadowing importance of the problem of rate regulation.
34. Rate regulation at the present time.
PART I.
CHIEF CHARACTERISTICS OF COMMON CARRIAGE.
CHAPTER II.
COMMON CARRIAGE AS A PUBLIC EMPLOYMENT.
§ 41. Reasons for regarding carriers as in the public employment.
TOPIC A.-LEGAL PRIVILEGES AS GROUND OF PUBLIC POSITION
OF THE CARRIER.
§ 42. Power of eminent domain.
43. Pipe lines as an example.
44. Cemeteries as an example.
45. Aid from taxation.
46. Irrigation canals as an example.
47. Grist mills as an example.
TOPIC B.-EFFECT OF LEGAL MONOPOLY CONSIDERED.
§ 48. Grant of an exclusive franchise.
49. Bonded warehouses as an example.
50. Log-driving corporations as an example.
51. Use of the streets.
52. Street railways as an example.
53. Electrical subways as an example.
54. General conclusions relative to special legal privileges.
TOPIC C.-VIRTUAL MONOPOLY AS A GROUND OF PUBLIC POSI-
TION OF THE CARRIER.
§ 55. Virtual monopoly the true ground for regulating public callings.
56. Monopoly due to character of business.
57. Water works as an example.
58. Natural gas as an example.
59. Gas works as an example.
60. Electric plants as an example.
TOPIC D.-MONOPOLY OF THE ESTABLISHED PLANT.
§ 61. Monopoly due to established plant.
62. Telegraph service as an example.
63. Telephone service as an example.
64. Sewerage system as an example.
65. Docks as an example.
66. General conclusions as to virtual monopolies.
67. Law governing all public employments the same.
CHAPTER III.
REQUISITES OF COMMON CARRIAGE.
TOPIC A.-BY WHOM THE CARRIAGE IS UNDERTAKEN.
71. Who are common carriers.
72. Carriage or goods by servant of a carrier.
73. Carriage of passengers by servant of a carrier.
74. Carrier must control the thing carried.
TOPIC B.-WHETHER THERE HAS BEEN ACCEPTANCE OF PASSEN-
GERS AND THEIR BELONGINGS.
§ 75. Carriage in vehicle not intended for passengers.
76. Carriage on freight cars.
77. Carriage in a place not intended for passengers.
78. Whether there is acceptance in such cases.
79. Baggage carried in car with passenger.
80. American rule as to baggage carried by passenger.
TOPIC C.-WHETHER THERE HAS BEEN BAILMENT MADE OF
GOODS.
§ 81. Owner accompanies the goods and retains possession.
82. Owner accompanies the goods without retaining possession.
83. Cattle carried with a drover furnished by the owner.
84. Goods taken across a ferry by the owner.
85. Goods carried across a bridge.
86. Issue of bill of lading without receipt of goods.
TOPIC D.-TRANSPORTATION NECESSARY FOR THE CONCEPTION
OF CARRIAGE
§ 87. Carrier must undertake transportation.
88. Storage hulks not carriers.
89. Log drovers not carriers.
90. Drovers of cattle not carriers.
91. Vehicles leased for carriage.
92. Shipper furnishes servants to manage vehicle.
TOPIC E.-WHEN TRANSPORTATION IS FURNISHED BY OTHERS.
§ 93. Leased railways.
94. Chartered accommodations.
95. Refrigerator car lines not carriers.
96. Sleeping car companies not carriers.
97. Forwarding agents not carriers.
CHAPTER IV.
PUBLIC PROFESSION OF THE COMMON CARRIER.
§ 101. Nature of public profession.
TOPIC A-PUBLIC EMPLOYMENT.
§ 102. Public profession as an assumption of a public trust.
103. Express profession of public employment.
104. By whom the profession must be made.
105. Lighterman.
TOPIC B-PRIVATE BUSINESS.
§ 106. Employment in private business.
107. Private ferries.
108. Private railroad.
109. Private spur tracks.
110. Lateral branches.
111. Public spur tracks.
112. Industrial railways.
113. Tap lines.
114. Distinction between public lateral branch and private spur.
TOPIC C-CASUAL EMPLOYMENT.
§ 115. Intermittent employment.
116. Shipmaster.
117. Railroad not opened for passengers.
118. Incidental employment-Wagoner.
119. Truckman.
TOPIC D-SPECIAL ARRANGEMENTS AS TO THE CARRIAGE.
120. Whether the transaction is upon a public or private basis.
121. Special train.
122. Special freight trains.
123. Private excursion trains.
124. Establishment of train on guaranty of an individual.
TOPIC E-EXTENT OF THE PUBLIC PROFESSION.
§ 125. To what goods the profession to carry extends.
126. Money.
127. Cattle.
128. Carrier of passengers whether also a carrier of goods.
129. Rolling stock.
130. Newspapers.
131. Other special classes of goods.
132. Obligation to carry all goods of a class.
TOPIC F.-REGULAR BUSINESS.
§ 133. Special agreement.
134. Establishment of regular charge.
135. Permanent profession.
136. General practice.
CHAPTER V.
COMMON CARRIAGE INVOLVES COMPENSATION.
§ 141. Common carriage is compensated carriage.
TOPIC A-COMPENSATED CARRIAGE.
§ 142. Carriage is for hire unless it is otherwise agreed.
143. Pass issued for business reasons.
144. Carrier's services in returning goods compensated.
145. Carriage of baggage is compensated.
146. Baggage carried without compensation.
147. Baggage carried apart from the passenger.
§ 154. Persons never accepted in a proper place not passengers.
155. Carriage of goods secured by fraud.
156. Stealing a ride.
157. Riding on invalid ticket.
158. Attempt to escape conductor's notice.
159. Riding free by connivance of the conductor.
160. Guest of servant of the carrier.