Federal Liabilities of Carriers: A Treatise Upon the Duties and Liabilities of Common Carriers by Railroad, Under All Federal Laws, with Appendixes Containing the Federal Statutes Affecting Railroads, and the Orders and Rules of Practice of the Interstate Commerce Commission, Količina 2Callaghan & Company, 1929 - 2137 strani |
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CHAPTER 23 | 1021 |
Necessity for federal regulation | 1023 |
Effect of national legislation upon state laws and regulations | 1026 |
Federal law paramount although state legislation not in conflict therewith | 1030 |
Methods of regulation and agencies for enforcement | 1031 |
Purpose of Congress in empowering Commission to prescribe standardized equipment and operative regulations | 1034 |
Statutory basis of duty and liability | 1035 |
SAFETY APPLIANCE ACTS | 1038 |
720 Coupling facilities | 1352 |
Appliances for use in mounting dismounting or moving about upon cars | 1360 |
Employees inspecting cars for defects or moving or repairing defective cars | 1361 |
Nature and importance of question | 1363 |
Difficulty of stating comprehensive test | 1366 |
Analysis of test stated by national Supreme Court | 1369 |
Employees under Act for different reasons | 1372 |
Double aspect of work with respect to commerce | 1375 |
Standardization orders of Interstate Commerce Commission | 1039 |
Locomotives and tenders | 1041 |
Department and bureau interpretations of statutes and orders | 1042 |
CHAPTER 24 | 1044 |
Accident reports | 1047 |
Hours of service | 1049 |
ROLLING STOCK 515 Automatic couplers | 1050 |
Drawbars | 1052 |
Hand brakes sill steps running boards ladders and handholds | 1054 |
Ash pans | 1057 |
CHAPTER 25 | 1060 |
in intrastate commerce | 1061 |
Delegation of authority to designate height of drawbars valid | 1062 |
Constitutionality of the Hours of Service Act affirmed | 1063 |
525 Statute not void for uncertainty | 1064 |
Classification of operators in section 2 of statute does not render statute invalid | 1065 |
Boiler Inspection Act | 1066 |
CONSTRUCTION 529 Construction of Safety Appliance Act | 1067 |
Rules governing construction of criminal statute not applicable even in penalty actions | 1068 |
Custom of railroads with acquiescence of Commission persuasive in determining meaning of statute | 1069 |
Construction of Hours of Service Act | 1070 |
Movement of cars from transfer track to industrial track | 1071 |
b Hours of Service Act PAGE | 1072 |
CHAPTER 26 | 1073 |
Common carrier defined | 1074 |
Carriers by railroad | 1075 |
What constitutes interstate commerce | 1078 |
Beginning and ending of interstate character of shipments | 1079 |
Car containing interstate traffic placed upon switching track for repairs | 1082 |
Switching of car from one yard to another preparatory for interstate trip | 1083 |
When reshipment from point of delivery changes interstate char acter of traffic | 1084 |
When reshipment from point of delivery does not change inter state character of traffic | 1086 |
Transportation from point to point in one state passing through another state in transit | 1089 |
All cars hauled in interstate trains impressed with interstate character | 1090 |
Hauling empty cars or company property over state line | 1091 |
Transportation of interstate traffic for express companies | 1095 |
Carriers owning and operating lines wholly within a single state | 1097 |
550a Lessor of railroad engaged in interstate commerce when road so used by lessee | 1105 |
Interstate status of belt lines terminal railroads stock yard companies and railroads carrying only passengers | 1106 |
Dining car on siding regularly hauled in interstate trains | 1110 |
APPLICATION OF PARTICULAR STATUTES a Safety Appliance Act 554 Carriers subject to Act | 1111 |
Carrier hauling car with defective appliances over tracks of another railroad | 1113 |
Proof of use of car in moving interstate traffic not essential since 1903 amendment | 1115 |
Distinctions between haul and use of cars eliminated by 1903 amendment | 1117 |
Meaning of the term used | 1118 |
Applicability of statute to intrastate cars on tracks other than main lines | 1119 |
No distinction between passenger and freight cars | 1120 |
Cars and movements excepted | 1121 |
Movement of defective cars | 1122 |
When alternative duty to move or repair defective car arises | 1123 |
When duty arises to repair cars at point of discovery | 1124 |
Necessary movement for repairs defined | 1125 |
All movements of cars from repair points prohibited | 1126 |
Nearest available repair point | 1127 |
Defective cars may be hauled to repair points in revenue trains or with other cars commercially used | 1128 |
May haul defective cars containing livestock or perishable freight with chains | 1132 |
Carriers subject to Act | 1133 |
Term railroad as used in Act defined | 1134 |
Movements and employees exempted | 1137 |
Terms casualty unavoidable accident and act of God as used in proviso defined | 1139 |
Derailments and collisions as casualties within meaning of exemption clause | 1141 |
Ordinary delays incident to train operation not valid excuses | 1144 |
What constitutes an emergency within operators proviso of section 2 | 1145 |
Insubordination of employee may constitute emergency within section 2 | 1147 |
Boiler Inspection Act 583 Carriers and employees subject to Act | 1148 |
Equipment to which Act applies | 1149 |
Ash Pan Act 585 Carriers within Act | 1150 |
Locomotives exempted | 1151 |
CHAPTER 27 | 1152 |
Supplementary and additional requirements by Interstate Com merce Commission | 1153 |
Scope and purpose of requirements | 1155 |
Train train movement | 1156 |
Interyard movementsTransfer trains | 1159 |
Association of powerbraked cars and operation of train brake system | 1161 |
Use of hand brakes in train movements prohibited and operation of air brakes mandatory | 1163 |
Air brakes required on interurban electric trains and motors | 1167 |
Tests of compliance with Act | 1168 |
Time for compliance with orders | 1171 |
PAGE | 1174 |
Continuity of serviceEffect of brief periods off duty | 1177 |
Fireman engaged in watching an engine on duty within meaning | 1183 |
Hours of service in telegraph offices operated during day and part | 1192 |
Automatic couplers not required on singly operated selfpropelled | 1197 |
Purpose of requirement | 1198 |
620 | 1204 |
621 | 1211 |
DRAWBARS | 1219 |
REQUIREMENTS AS TO GRABIRONS SILL STEPS RUNNING BOARDS | 1226 |
640 | 1232 |
Power drivingwheel brakes | 1236 |
Automatic couplersNot required between engine and tender | 1237 |
Drawbar provision applicable to engines as well as cars | 1238 |
Hand brakes | 1240 |
ASH PAN ACT 650 Statutory provision | 1243 |
Rules and regulations for inspection and testing of locomotives tenders and their appurtenances | 1245 |
Tests of compliance with requirements | 1246 |
REQUIREMENTS PECULIAR TO MOTIVE POWER | 1251 |
Duty under Safety Appliance Act | 1253 |
Substitutes for required appliances not lawful | 1257 |
Duties include maintenance as well as equipment of cars | 1259 |
Knowledge of defect not an element of violation of statute | 1260 |
Use of care and diligence in discovering and repairing defects no defense | 1261 |
Inconvenience and impracticability of statutory requirements will not excuse violation | 1262 |
Appliances required by statute must be operative | 1263 |
Failure of employee to operate appliance capable of being operated no violation | 1264 |
Deliberate act of employee in causing appliance to become defec tive no defense | 1265 |
Carriers may refuse defective cars from connecting lines | 1266 |
THE BOILER INSPECTION ACT 669 Duty under Boiler Inspection Act | 1268 |
Dual nature of statutory requirement under 1915 and 1924 amend ments | 1270 |
Latest or best appliances not required if locomotive etc safe for use | 1273 |
THE HOURS OF SERVICE ACT 673 Duty under Hours of Service Act | 1274 |
Precautions to avoid breach of Act no defense | 1275 |
Statute may not be evaded by requiring service of another kind after statutory period | 1276 |
Duty under proviso concerning delay due to unavoidable accident and the like | 1277 |
Time for exercise of diligence to avoid consequences of unavoid able accident and measure of care required | 1282 |
CHAPTER 33 | 1287 |
Duties of carriers relative to reports of accidents | 1288 |
Power of Commission to require reports by carriers showing violations of Hours of Service Law | 1289 |
Investigation of accidents by Interstate Commerce Commission | 1291 |
Investigation of accidents affecting locomotives | 1292 |
Inspectors of locomotives and appurtenances thereto | 1293 |
Inspection districts and inspectors therefor | 1294 |
Appeals from decisions of inspectors as to condition of locomo tives | 1295 |
Sworn reports of inspection by carriers | 1296 |
Federal inspectors under no duty to notify carriers of discovered defects or defaults | 1297 |
Penalties for violation of statutes | 1299 |
Nature of action for recovery | 1301 |
Procedure controlled by state rules | 1302 |
Pleading and proof under provisos and exceptions | 1303 |
700 Functions of court and jury | 1305 |
PART FOUR REGULATION OF RESPONSIBILITY FOR INJURIES TO EMPLOYEES | 1307 |
CHAPTER 34 | 1309 |
Act | 1313 |
705 Reasons for adoption of 1910 amendments | 1319 |
Extent to which liability act and safety statutes contemplate uniformity of application | 1322 |
CHAPTER 35 | 1325 |
Second federal Employers Liability Act valid | 1329 |
Defects in Act of 1908 and amendments of 1910 | 1336 |
Federal Employers Liability Act to be liberally construed | 1337 |
Federal construction controlling | 1338 |
WHEN IS A RAILROAD EMPLOYEE ENGAGED IN INTERSTATE OR FOREIGN COMMERCE? a General principles | 1341 |
Employees making up train of another company for an interstate | 1342 |
CHAPTER 36 | 1343 |
Carriers by railroad engaged in interstate and foreign commerce | 1344 |
CLASSES OF EMPLOYEES FOR WHOSE BENEFIT FEDERAL STATUTES REGULATING EQUIPMENT AND OPERATION WERE ENACTED ... | 1345 |
The Safety Appliance Acts and orders thereunder | 1347 |
Appliances for controlling movement of cars and trains | 1349 |
Hand brakes | 1351 |
Knowledge or intention immaterial in determining status under Act | 1376 |
Classification upon basis of rank in service or work done | 1378 |
Status of negligent employee or of appliance causing injury | 1379 |
Existence of relation essential to applicability of Act | 1381 |
Independent contractors and their employees | 1383 |
Joint employment | 1385 |
General and special employment | 1387 |
Fraud in procuring employment no defense | 1388 |
Status while going to or from work and during interruptions of service | 1391 |
Employees intermittently engaged in commerce of both kinds | 1403 |
Participation in actual interstate transportation 741 Elements of problem | 1409 |
Operation of interstate trains and trains hauling interstate traffic | 1411 |
Switching operations | 1420 |
Switching cars loaded with interstate freight for repairs | 1432 |
Switching movement of cars after termination of interstate journey or after receipt by consignee | 1433 |
Weighing of cars containing interstate freight after unloading to determine weight of contents | 1434 |
Local movement of cars in yard between completion of one inter state trip and commencement of another | 1435 |
Exceptions to rule that delivery of car at destination ends its interstate status | 1436 |
Switching movements of empty cars in railroad yards to be loaded with interstate freight | 1439 |
Switching movement of car of lumber to be used in repairing and building cars used in interstate commerce | 1441 |
run over the latters track | 1442 |
Coordination of train movements by signal systems | 1443 |
Policing of equipment and subjects of transportation | 1444 |
Loading and unloading goods | 1446 |
Association with instrumentalities of interstate transportation 756 In general | 1448 |
Movement of cars and engines preliminary to use in actual transportation | 1450 |
Inspection and preparation of engines cars and trains for actual use | 1452 |
Furnishing materials and supplies for use in operation of trains engines and cars | 1456 |
Construction of instrumentalities for future use in interstate commerce | 1461 |
Distinction between original construction work and repair or maintenance of interstate instrumentalities | 1462 |
Maintenance and repair of cars and engines | 1465 |
765 Empty cars in terminal yards and engines in shops or round houses | 1469 |
Maintenance and repair of roadbed tracks bridges tunnels culverts etc | 1475 |
Side tracks spur tracks and switches | 1479 |
Scale tracks and track scales | 1480 |
Track and right of way drainage | 1481 |
Repair and maintenance of highway crossings | 1483 |
Policing and inspection of tracks bridges etc | 1485 |
Work incidental to maintenance and repair | 1486 |
776 Erecting foundations for new bridges under old bridges forming part of interstate lines | 1490 |
Removing bolts from timbers after having been taken out of interstate bridge | 1491 |
Surveying track to improve condition of roadbed | 1492 |
Employees handling rails | 1493 |
Handling ties | 1497 |
Handling ballast gravel sand etc for use in repairing inter state tracks | 1499 |
Operating camp car for gang | 1501 |
783 Maintenance and repair of facilities for production and delivery of electric power for operation of interstate trains | 1503 |
Maintenance and repair of appliances for controlling and coordi nating train movements | 1504 |
materials for use in operating trains engines and cars | 1505 |
Maintenance and repair of facilities for the handling of traffic before | 1513 |
Negligence per se shown by violation of federal safety statutes | 1521 |
Statute covers acts of intrastate employees and defects in instru | 1527 |
State workmens compensation laws superseded by federal act | 1535 |
CHAPTER 38 | 1544 |
Commonlaw negligence criterion of liability of carrier under | 1551 |
Negligence of human agencies not limited to fellow servants | 1557 |
Decisions of national courts control in determining negligence | 1559 |
Conflicting rulings eliminated by controlling decisions of national | 1565 |
Negligence of common carrier need not be shown by direct | 1572 |
Sufficiency of evidence of negligence to submit cause to jury gov | 1578 |
Cases under federal Employers Liability Act in which the facts | 1585 |
Cases under federal act in which facts were held not to show | 1591 |
CHAPTER 39 | 1597 |
Effect on interstate employees of state constitutions and statutes | 1604 |
Exception to rule that servant assumes obvious or known risks | 1617 |
Distinction between assumption of risk and contributory negli | 1623 |
When assumption of risk is not a defenseFederal safety stat | 1627 |
Cases in which interstate employees were held to have assumed | 1641 |
Assumption of risk no defense to injuries due to violation | 1647 |
Definitions and general considerations | 1653 |
Right of recovery under federal Employers Liability Act | 1662 |
Two theories of comparative negligence extant in United States | 1668 |
Gross negligence of plaintiff and slight negligence of defendant | 1674 |
Erroneous instructions on contributory negligence under the fed eral act | 1679 |
When contributory negligence of employee does not diminish damages Federal safety statutes | 1682 |
EMPLOYEES NOT ENGAGED IN INTERSTATE COMMERCE 863 Contributory negligence in actions based upon federal safety statutes | 1685 |
Effect of state statutes abolishing or modifying defense | 1687 |
When contributory negligence is a question for the jury | 1688 |
Contributory negligence as a question of law or fact in choosing dangerous way to uncouple cars with safe method available | 1689 |
Errorless instructions on contributory negligence in such cases | 1691 |
CHAPTER 41 | 1694 |
Actions for breach of federal safety statutes | 1697 |
Actions under federal Employers Liability Act | 1698 |
Effect of terms of Employers Liability Act | 1701 |
Meaning of phrase in whole or in part | 1706 |
No recovery if plaintiffs act sole cause of his injury | 1709 |
Determination of issueWhen matter of law | 1714 |
When question for jury | 1716 |
When evidence insufficient to show relation | 1717 |
CHAPTER 42 | 1724 |
Beneficiaries under the federal liability statute | 1725 |
Beneficiaries determined by status at time of employees death | 1727 |
Survivorship and dependency prerequisites to vesting of right of action in any class | 1728 |
Existence of beneficiaries as described in statute jurisdictional | 1729 |
Dependency of members of class inferior in rank to qualified bene ficiaries immaterial | 1731 |
Alien dependents residing abroad may recover under liability act | 1732 |
Who are next of kin under federal liability act determined by state law | 1734 |
Illegitimate children may be next of kin within meaning of fed | 1735 |
Scope of chapter | 1738 |
Recovery for death under liability act limited to pecuniary loss | 1746 |
Damages under section 9 limited to loss and suffering while | 1752 |
Measure of damages in cases of death under section 1 of the lia | 1758 |
Necessity of request to give rule in charge | 1767 |
No presumption of damages to widow and child | 1774 |
Illustrative cases involving sufficiency of proof to establish | 1789 |
ficiaries of third class | 1798 |
924 | 1806 |
926 | 1812 |
Purpose and effect of provision | 1819 |
Effect of provision upon state statutes regulating railroad relief | 1823 |
Limitation condition of right as well as of remedy | 1829 |
Time of commencement of action a question of procedure | 1836 |
Venue of actions under the liability act | 1842 |
Right to assert or to refuse jurisdiction of actions arising outside | 1851 |
Jurisdiction of actions under federal statutes as affected by enact | 1858 |
Removability when complaint states cause of action under | 1865 |
Removal of proceedings ancillary to action under liability act | 1871 |
Denial of federal right reviewable only when specially set | 1878 |
Pleading federal act and submitting case to jury under state law | 1884 |
Personal representative alone may revive suit commenced | 1894 |
In general | 1904 |
Petition need not specifically refer to the liability act if facts | 1910 |
Allegations to show cause of action under the liability act held | 1914 |
Averments of conscious suffering prerequisite to recovery under | 1920 |
Petition stating a cause of action under state law recovery per | 1928 |
Amendment to take case out of liability act | 1935 |
Amendment setting up new cause of action under liability | 1941 |
Whether contributory negligence and assumption of risk must | 1951 |
CHAPTER 49 | 1957 |
Burden of proving interstate employment | 1960 |
Competency and relevancy of evidenceInterstate commerce | 1966 |
eral liability statute 1735 | 1971 |
CHAPTER 50 | 1972 |
Compelling election between alternatively alleged causes of | 1978 |
Application of doctrine res adjudicata in actions involving | 1986 |
Right of plaintiff in action under federal liability act to sue | 1992 |
State laws adding penalty to judgment when affirmed on appeal | 1998 |
O The Federal Employers Liability Act of 1908 As Amended | 2003 |
Q Safety Appliance Standards for Cars of Various Types | 2010 |
R The Federal Hours of Service Act As Amended | 2039 |
T Safety Appliance Standards for Locomotives | 2045 |
U Rules and Instructions for Inspection and Testing of Locomotive | 2051 |
Rules and Instructions for Inspection and Testing of Steam Locomo | 2059 |
W The Federal Ash Pan Act | 2071 |
Z Adamson Act | 2079 |
Scope of regulation | 2113 |
Avtorske pravice | |