company, or persons operating a railroad, or any transportation company using or leasing cars of any description and used in the commerce of the country, or in the construction of railroads, to have upon any railroad in Nebraska for use in transportation of freight of passengers any car that is not equipped with such safety automatic coupler as provided for in section one of this act [566].

568. That it shall be unlawful for any corporation, company, or person operating any line of railroad in this state to use any locomotive engine upon any railroad or in an railroad yard in this state after the first day of January, 1892, that is not equipped with a proper and efficient power-brake, commonly called a "drive-brake."

569. That it shall be unlawful for any corporation, company or person operating a line of railroad in this state to run any train of cars after the first day of January, 1895, that shall not have in that train a sufficient number of cars with some kind of efficient automatic power-brakes, so that the engineer upon the locomotive car can control the train without requiring brakemen to go between the ends or on the tops of the cars to use, as now, the common hand-brake.

570. Every railroad corporation, company, or person operating a railroad in this state, and every person using or leasing cars in the transportation business, or in building railroads, shall and are by this act required to include in their annual report to the state railroad commissioners the number of locomotive engines and cars used in this state, and what number is equipped with automatic power-brakes, and what number of cars equipped with automatic safety couplers and the kind of brakes and couplers used and the number of each kind when more than one kind is used.

571. Any corporation, company, or person operating a railroad in this state, and using a locomotive engine or running a train of cars, or using any freight, way, or car contrary to the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than five hundred ($500) dollars, or not more than one thousand ($1,000) dollars for each and every offense, for the benefit of the school fund; Provided, the penalties on this section shall not apply to companies hauling cars belonging to railroads other than those of this state which are engaged in interstate traffic; and any railroad employee who may be injured by the running of such engine, or train, or cars, contrary to the provisions of this law shall not be considered as waiving his rights to recover damage by continuing in the employ of such corporation, company, or person running such engine or trains of cars contrary to this law.

572. Every railroad company as aforesaid, shall be liable for all damages inflicted upon the person of passengers while being transported over its road, except in cases where the injury done arises from the criminal negligence of the persons injured, or when the injury complained of shall be the violation of some express rule or regulation of said road actually brought to his or her notice.

This section (572) formed sec. 147, ch. 11, Gen. Stat., p. 203. Laws 1867, p. 89, sec. 3. Liable only when injury has arisen from the negligence of the railroad company. McClary v. S. C. & P. R. R. Co., 3, 54. A railroad company cannot loan or transfer its line so as to escape liability for damages except by legislative sanction. When liable for injury received on a connecting road. Chollette v. O. & R. V. R. R. Co.. 26, 169 (41 N. W., 1106). That the injury occurred on Sunday is no defense. Johnson v. M. P. R. R. Co., 18, 700 (26 N. W., 347). “Criminal negligence ” is such negligence as would amount to a flagrant and reckless disregard of a person's own safety, and a willful indifference to the injury liable to follow. O. & R. V. R. R. Co. v. Chollette, 33, 146 (49 N. W., 1114).

Secs. 573 to 577 formed secs. 110, 108, 121, 111, 122 respectively, R. S., 1866, pp. 227, 228, 231.

573. In case any passenger on any railroad shall be injured while on the platform of a car while in motion, or in any baggage, wood, or freight car in vio

lation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury, provided said company furnished room inside its passenger cars sufficient for the accommodation of its passengers.

574. If any person shall, while in charge of locomotive engine running upon the railroad of any such corporation, or while acting as the conductor of a car or train of cars on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not less than six months nor more than one year, and be imprisoned until the fine is paid.

575. Every such railroad corporation shall start and run their cars for the transportation of passengers and property at regular times, to be fixed by public notice, and shall furnish sufficient accommodations for the transportation of passengers and freight, and shall take, transport, and discharge all passengers to and from such stations as the trains stop at, from, or to all places and stations upon this said road, on the due payment of fare or freight bill.

See B. & M. R. R. Co. v. Rose, 11, 184 (8 N. W., 433).

576. Any railroad company receiving freight for transportation, shall be entitled to the same rights and be subject to the same liabilities as common carriers. And whenever two or more railroads are connected together, the company owning either of said roads receiving freight to be transported to any place on the line of either of the roads so connected shall be liable as common carriers for the delivery of such freight to the consignee of said freight, in the same order in which such freight was shipped.

Railroad cannot avoid the liability of a common carrier by a special contract. A. & N. R. R. Co. v. Washburn, 5, 121.

577. In case of the refusal, by such corporation or their agent, to take and transport any passenger or property, or to deliver the same or either of them under the laws, rules, and usages that regulate common carriers, such corporation shall pay to the party aggrieved all damages which shall be sustained thereby, with costs of suit.

Secs. 578 and 579 formed secs. 5 and 4, Laws 1867, p. 89.

578. No notice, either express or implied, shall be held to limit the liabil ities of any railroad company as common carriers, unless they shall make it appear that such limitation was actually brought to the knowledge of the opposite party and assented to by him or them, in express terms, before such limitation shall take effect.

Rule applied in case of connecting lines, also on statements of agent. U. P. R. Co. v. Marston, 30, 248 (46 N. W., 485).

579. Service upon railroad companies may be made as upon other corporations, or by leaving a copy of the summous by the proper officer with any station agent, ticket agent, conductor, or other officer of said railroad formed within the limits of this state, or left at the usual place of business within said county.

Secs. 580 to 585. "An act to regulate railroad corporations in their transportation of passengers and baggage and to fix a maximum rate of charges, and to provide for a penalty for the violation thereof." 1885, p. 285. In force V. PASSENGER RATES.

June 5.

580. It shall be unlawful for any railroad corporation operating, or which shall hereafter operate, a railroad in this state to charge, collect, demand, or receive for the transportation of any passenger over ten years of age, with baggage, not exceeding two hundred pounds in weight, on any train over its line of road in the state of Nebraska, a sum exceeding three cents per mile.

Amended 1887, p. 539.

581. Said railroad corporation shall not charge, collect, demand, or receive within the limits above specified for the transportation of any child under ten years old in the care or control of any passenger on any train a sum exceeding onehalf of the rates prescribed in section one of this act [580].

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582. Nothing herein shall be construed as to prevent any railroad company from adopting the rule that when the fare is paid on the train the conductor may charge and collect not to exceed twenty-five cents, in addition to the regular fare, for which he shall give back to such passenger a conductor's check which shall be good for the sum so charged at any station on such road on presentation to the agent of said road.

583. It shall be unlawful for any railroad corporation operating a railroad in this state to expel or remove from any coach used for conveying passengers over their line of road any person who offers to pay the regular rate of fare, not to exceed the maximum rate herein fixed for conveying passengers along the line of said road; Provided, Said persons conduct themselves properly while remaining therein.

584. Any railroad corporations violating any of the provisions of this act shall, upon conviction thereof, forfeit and pay for each offense not less than two hundred dollars nor more than one thousand dollars, such forfeiture to be paid into the school fund of the county in which such forfeiture is imposed, and shall also be liable to the party injured for all damages he or she sustained thereby.

585. The term "railroad corporation," contained in this act, shall be deemed and taken to mean all corporations, companies, or individuals now owning or operating, or which may hereafter own or operate, any railway in whole or in part in this state, and the provisions of this act shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railway in this state (street railways excepted), the same as to railroad corporations hereinbefore mentioned.

Sec. 586 formed sec. 107, R. S. 1866, p. 227.

586. If any passenger shall refuse to pay his fare, it shall be lawful for the conductor of the train and the servants of the corporation to put him and his baggage out of the cars, using no unnecessary force, at any place within five miles any station.

of

F., E. & M. V. R. R. Co. v. Lamb, 11, 596 (10 N. W., 493).

Secs. 587 to 608.

VI. BOARD OF TRANSPORTATION.

"An act to regulate railroads, to prevent unjust discrimination, provide for a board of transportation, and define its duties," etc. 1887, p. 541. In force July 1. (Repealing Laws 1881, ch. 68, and Laws 1885, ch. 65.)

587. That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property by railroad, under a common control, management, or arrangement for a continuous carriage or shipment from any point in the state of Nebraska to any other point in said state. The term "railroad," as used in this act, shall include the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and the term "transportation" shall include all instrumentalities of shipment or carriage. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivery, storage, or handling of such property, shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.

Defines power of board; mandamus will lie to compel railroads to reduce their rates in conformity with orders of board. State v. F., E. & M. V. R. R. Co., 22, 321 (35 N. W., 118). It is the duty of the board to fix reasonable rates in the state without regard to the rate outside. State v. F., E. & M. V. R. R. Co., 23, 126 (36 N. W., 305). Warehouses and depots and other facilities must be maintained where needed. State v. R. V. R. R. Co., 17, 647 (24 N. W., 329).

588. That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater compensa

tion for any service rendered or to be rendered in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carriers shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.

589. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any prejudice or disadvantage in any respect whatsover. Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such contracting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.

590. 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; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance; Provided, however, That upon application to the board appointed under the provisions of this act, such common carrier may, in special cases after investigation by the board, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the board may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.

591. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense.

592. That every common carrier subject to the provisions of this act shall print and keep for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any common carrier has established and which are in force at the time upon its railroad, as defined by the first section of this act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force upon such railroad, and shall also state separately the terminal charges and any rules or regulations which in anywise change, affect, or determine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall be printed in large type, of at least the size of ordinary pica, and copies for the

use of the public shall be kept in every depot or station upon any such railroad, such places and in such form that they can be conveniently inspected. No advance shall be made in the rates, fares, and charges which have been established and published as aforesaid by any common carrier in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force and the time made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules then in force at the time and kept for public inspection. Reductions in such published rates, fares, or charges may be made without previous public notice; but whenever any such reduction is made, notice of the same shall be publicly posted and the changes made shall immediately be made public by printing new schedules, or shall immediately be plainly indicated upon the schedule at the time in force and kept for public inspection. And when any such common carrier shall have established and published its rates, fares, and charges, in compliance with the provisions, of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater compensation for the transportation of passengers or property, or for any service in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.

the same.

593. That every common carrier subject to the provisions of this act shall file with the board hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said board of all changes made in Every such common carrier shall also file with said board copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party; and in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares, or charges for such continuous lines or routes, copies of such joint tariff shall also, in like manner, be filed with said board. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said board, in so far as may, in the judgment of the board, be deemed practicable, and said board shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published; but no common carrier party to any such joint tariff shall be liable for the failure of any other common carrier, party thereto, to observe and adhere to the rates, fares, or charges thus made and published. If any such common carrier shall neglect or refuse to file or publish its schedule of rates, fares, and charges, as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any district court in the judicial district wherein the principal office of said common carriers is situated, or wherein such offense may be committed, to compel compliance with the provisions of this act, and such writ shall issue in the name of the state on the relation of the board provided for in this act, and a failure to comply with its requirements shall be punishable as and for a contempt; and the said board as complainants may also apply in any court of competent jurisdiction for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property as mentioned in the