ON THE

LAW OF RAILROADS

CONTAINING A CONSIDERATION OF THE ORGANIZATION, STATUS
AND POWERS OF RAILROAD CORPORATIONS, AND OF THE
RIGHTS AND LIABILITIES INCIDENT TO THE LOCATION,
CONSTRUCTION AND OPERATION OF RAILROADS;
TOGETHER WITH THEIR DUTIES, RIGHTS AND
LIABILITIES AS CARRIERS

INCLUDING BOTH

STREET AND INTERURBAN RAILWAYS

BY BYRON K. ELLIOTT

AND

WILLIAM F. ELLIOTT

Authors of ROADS AND STREETS, General pRACTICE, EVIDENCF

Third Edition
VOLUME V

INDIANAPOLIS

THE BOBBS-MERRILL COMPANY

PUBLISHERS

COPYRIGHT 1897

BY THE BOWEN-MERRILL COMPANY

COPYRIGHT 1907

BY THE BOBBS-MERRILL COMPANY

COPYRIGHT 1922

BY THE BOBBS-MERRILL COMPANY

287799

SECTION.

TABLE OF CONTENTS

CHAPTER LXXV.

RAILROADS AS CARRIERS OF PASSENGERS

2380. The general doctrine.

2381. The duty to carry.

2382. Refusal to carry-Extraordinary press of business.

2383. Excuses for refusal to carry-Disregard of rules and regulations.

2384. Excuses for refusal to carry-Improper or unfit persons.

2385. Refusal to carry on account of color or race-Putting passenger

in wrong car.

2386.

Carriage of dead bodies.

2387. Who are passengers.

2388. Who are passengers-Illustrative cases.

2389. Who are passengers-Burden of proof-Offer and acceptance.

2390. The relation of passenger and carrier-When it begins.

2391. The relation of passenger and carrier-Authority of subordinate

employes to create.

2392. Trespassers and intruders.

2393. Trespassers and intruders-Illustrations.

2394. Taking passage on freight trains, hand-cars and the like.

2395. Nature of the liability as a carrier of passengers.

2397. Degree of care required of railroad passenger carriers-General

rule.

2398. Duty as to road-bed and tracks.

2399. Duty as to engines, cars, equipments and appliances.

2400. Duty to provide and equip trains with modern and improved

appliances.

2401. Duty to make provisions for feeding passengers en route.

2402. Care required in operation of trains.

2403. Vestibuled trains-Leaving doors or gates open.

2404. Station buildings-Depots-Negligence in maintaining.

2405. Station buildings-Lighting.

Station building-Waiting-room-Heating.

2407. Duty to protect passengers from injury by third persons.

2408. Protection of colored passengers.

SECTION.

2409. Protection from injury by strikers.

2410. Protection of female passengers from insults and annoyance.

2411. Termination of the relation of carrier and passenger.

SECTION.

CHAPTER LXXVI.

TICKETS, FARES AND PASSES

2415. Tickets and fares-Generally.

2416. Rate of fare-State regulation-Interstate Commerce Act.

2417. Ticket as evidence of passenger's rights-Loss of ticket.

2418. Conclusiveness of tickets-Decisions partially reconciled.

2419. Stop-over privileges.

2420. Through tickets-Coupons.

2421. Round trip tickets.

2422. Limited tickets.

2428. Rules requiring passengers to exhibit tickets to gate keepers be-

2431. When person riding on a pass is a passenger and when not.

2432. Drovers riding on passes.

2433. Duty to person riding on pass.

2434. Conditions in passes.

2435. Validity of stipulation exempting carrier from liability for negli-

gence.

2436. Injury to person riding on pass.

2437. Persons other than the one entitled to use a pass riding thereon—

Fraud.

2438. Contract to give passes.

2439.

Interstate commerce law.

2440. Statutes prohibiting the granting of passes.

2441. Effect of subsequent statute rendering performance of contract

in regard to pass impossible.

2442. Rights of persons holding passes to be carried in sleeping and

parlor cars.

2443. Baggage of person riding on pass.

CHAPTER LXXVII.

SLEEPING CAR COMPANIES

SECTION.

2450. General nature of sleeping car companies.

2451. Duty to furnish accommodations.

2452. Liability for representations of agents as to operation of trains.

2453. Duties and liabilities of sleeping car and parlor car companies-

Generally.

2454. Refusal to furnish berth-Right of railroad company to determine

on what trains or tickets sleeping car berths shall be furnished.

Tickets-Berths.

2455.

2456. Duties of sleeping car companies to passengers-Illustrative in-

stances.

2457. Duty to furnish means of getting in and out of berths and to

keep aisles free from obstructions.

2458. Duty as to property of passengers.

2459. Baggage of passengers-Loss of-Negligence.

2460. Contributory negligence-Loss of baggage or property.

2461. Relation of railroad companies to passengers traveling in sleep-

ing car or parlor car company coaches.

2462. Relation of railroad company to passenger in sleeper-Employe―

Contract against liability.

2463. Railroad companies may require compensation for sleeping car

accommodations.

2464. Extra fares for riding in parlor cars.

2465. Limiting liability-Contract-Notice.

SECTION.

CHAPTER LXXVIII.

INJURIES TO PASSENGERS

2470. Liability for failure to stop at stations-Detention.

2471. Boarding and alighting from trains—Generally.

2472. Boarding and alighting-Contributory negligence.

2473. Injuries received in boarding trains-Illustrative cases.

2474. Injuries received in alighting-Illustrative cases.

2475. Injuries received in alighting-Announcement of station.

2476. Injuries received on freight trains.

2477. Injuries to passengers riding on platforms and steps.

2478. Passenger on platform-When company liable.

2479. Injuries to passengers riding in baggage car.

2480. Injuries received by passengers riding in other dangerous and

improper places.