COLOR BLINDNESS.

statute disqualifying person on account of, not invalid as regulation
of commerce,

COMITY.

as to right of action for injury out of jurisdiction,

COMMERCE. See INTERSTATE COMMERCE.

STATE AND INTERSTATE (CHAP. XXIII.),
state and national control over agencies of,

COMMON CARRIERS. See CARRIERS.

COMMON LAW.

carrier's liability not part of ancient,
presumption as to existence of in another state,

COMMUTATION.

rates and tickets,

holders of, required to show,

CONDUCTOR.

PAGE.

443

643

483

450

72

645

508

184

invested by common law and statute with police power,
plenary authority must be exercised whenever necessary,

220

166

carrier's liability for false arrest of, although conservator of peace,
seizing property of passenger to enforce payment of fare is assault
and battery,

357

340

guilty of assault and battery for forcibly ejecting passenger, when,
duty of, in expelling man from train, question for jury,

214

187

lack of curtesy not cause for damages,

186

negligent mistake by, no excuse for expulsion of passenger,
company not liable where conductor collects fare over connecting

173

road, for passenger's ejection on it,

198

traveling on freight train or baggage car with knowledge of,
permission of, to ride on freight train renders company liable for

252

injury,

of accommodation train, duty to keep informed as to passing of ex-
press train,

252

134

not negligence not to warn passenger standing on platform,

37

notice to, is notice to carrier,

222

of street car not driver of carriage within statute,

333

CONFLICT OF LAWS.

as to limitation of actions,

action out of jurisdiction where injury occurred,
as to right of action for death in other jurisdiction,

PAGE.

631

643

601

CONNECTING ROADS.

through tickets over,

524

company not liable where conductor collects fare over for passenger's

ejection on,

198

CONSERVATOR.

of the peace, conductor as,

356

CONSIDERATION.

for passage other than payment of fare constitutes person passenger, 272

CONSTRUCTION COMPANY.

contract of railroad allowing to operate road, liability,

248

2

247

250

by one holding drover's pass to be regarded as carrier's employé does
not change relations of parties,

271

not necessary to support action for negligently carrying passenger,
ticket as evidence of,

19

199, 510, 516

indivisible for continuous trip,

514

of carriage continues how long, broken by passenger how,
passenger may recover on failure of conductor to stop at flag station

362

according to,

144

acceptations of fare to flag station does not constitute special, when, 144
implied, to protect passenger from insult,

360

CONTRIBUTORY NEGLIGENCE. See NEGLIGENCE.

CONTRIBUTORY NEGLIGENCE (CHAP. XX.),

when will preclude recovery,

in alighting from a car,

about station platforms and steamer landings,

at stations or approaching or leaving them,

PAGE.

375

380

45

386

383

in exposing the person without the car,

402

entering train in motion,

389

company liable for injuries to child not of sufficient age to be respon

state and national control over agencies of commerce or,

450

COUPLING CARS.

passenger injured by a jar, caused by

141

on freight train, damages not recoverable for injury caused by,
passenger may assume car in safe and proper condition,

251

233

street car driver seeing gate open may suppose the track is clear,
presumption that person killed at, stopped, looked and listened,

37

678

CULVERT.

carrier liable for passenger injured when train stopped over,

140

CURTESY.

lack of, in conductor not cause for damages,

186

admiralty rule for apportioning extended to actions for personal in-

compensation for pain and suffering is a question for the jury,

36

verdict for $300 is excessive when passenger carried less than 300
yards past station,

143

DAMAGES EXCESSIVE-AGGRAVATION OF HURT OR DISEASE (CHAP.
XXXVII.),

745

measure of, for loss of money or jewelry in sleeping car,

557

what will sustain judgment for illegal ejection from train,

186

passenger riding on excursion ticket wrongfully ejected by conductor
entitled to,

174

person carried past destination, recovery,

143

leck of curtesy of conductor not cause for,

186

passenger expelled from train cannot recover for walking when was

unnecessary,

177

no recovery for wounded feelings of passenger expecting and desiring
to be put off,

178

measure of, for disappointment and delay,

229

punitive, when allowed,

229

allowed woman carried beyond her station where employés, refus

ing to put her off, were insulting,

148

when allowed for gross carelessness of carrier's employé,

332

rule as to vindictive, for wanton violence of employés,

340

exemplary, what will justify, for expulsion from train,
when may be imposed on lessor of railroad,

187

548

may be given for carrying out unreasonable regulation,
for loss of baggage,

"utmost care" and "diligence" and "most exact care,"

DEPOTS. See STATIONS.

DILIGENCE.

PAGE

94

75

74

68

32

32

21

2

551

74

4

561

669

1

212

169

52

21

218

60

only unjust, prohibited by Interstate Commerce Act,
when exclusion of other carriers is,

500

118

DISEASE.

EXCESSIVE DAMAGES; AGGRAVATION OF HURT OF DISEASE (CHAP.
XXXVII.),

contraction of, from ticket agent, carrier's liability,

effect of on right of action for subsequent personal injury,

DISTRESS.

as element of damages,

745

330

605

606