§ 519. Granting preference to ore [$336. Purpose of second section. connecting carrier over 537. Effect of second section on discriminative interstate contracts. another. 520. Giving preference to one shipper over another. 521. Same subject-Discrimination in rates. 522. Same subject-The English 526. Effect of joint rates in bringing a railroad within the scope of the ActCommission has power to establish joint rates under certain conditions. 527. Principal objects of Act. 528. Act must be construed broadly. 529. Reasonableness of rates Necessity of actual tender of merchandise for shipment. 530. Interests of public predominant on questions of reasonableness of rates. 531. Value of goods should be considered in fixing a reasonable rate-Weight and bulk of goods. 532. Mileage is not the controlling factor in fixing a reasonable rate. 533. On questions of reasonableness of rates, a comparison of rates is of small importance. 534. What is a reasonable rate may vary with the season of the year. 535. Second section of Interstate Commerce Act modelled on English Act. 544. Car load is usually taken as the unit in fixing freight rates. 545. Rebate equal to cartage charges is discriminative. 546. Payment of carrier's prior debt by carriage as discrimination. 547. Agreement for rebate does not void contract of carriage. 548. Effect of section two on limitations on the value of the goods placed in bills of lading. 549. Question of relative rates is involved in section two. 550. Failure to pay expenses no excuse for unjust dis crimination under section two. 551. Third section of Interstate Commerce Act modelled on English Act-Their difference. § 552. Section three is more, com- § 565. Condition that initial car 556. Discrimination in carriage of live stock and affording proper facilities under section three. 557. Discrimination in coal car distribution under section three. 558. Third section applies as well to passenger as to freight traffic. 559. Real and substantial competition justifies dissimilarity in rates. 560. Third section does not relate to acts, the result of conditions beyond the control of carrier. 561. Competition may be be tween railroads. 562. Competition of ocean lines should be taken into consideration. 563. Interests of shipper, carrier and public should be considered. 564. Rules as to competition summarized. freight by connecting carrier is not unjust discrimination. 568. Duty to afford equal facilities for interchange of traffic. 569. Question of similarity or dissimilarity of circumstances under section four is one of fact. 570. Real and substantial competition a factor under section four. 571. "Basing Point System" is not illegal under section four. 572. Competition must not be conjectural. 573. Joint rates under section four. 574. Discrimination State Statutes. in rates § 580. Comparison of rates as a $595. Through rate may be less criterion of reasonable property is determined. 584. Courts should be fully advised of receipts and earnings of a railroad. 585. Cost of local business is greater than cost of interstate business. 586. Effect of connecting and branch lines in determining the reasonableness of a rate. 587. A rate, though reasonable, should not tend to create a monopoly. 588. Discrimination to be actionable must be unjust. 589. A special rate is not always unjustly discriminative. 590. A "rebilling" rate may be discriminative. 591. Free passes are discriminative. 592. An extra charge may be made for a shipment received off the carrier's own line. 593. Discrimination in transfer of stock from narrowgauge to standard-gauge cars. 594. Right of carrier to recover from shipper the difference between the discriminative and regular rate. than sum of locals. 596. Right of state to compel the issuance of mileage tickets at reduced rates. 597. Discrimination between 10calities. 598. A state may regulate domestic long and short haul rates. 599. A shipment is an entirety in reference to long and short haul clause. 600. Special contracts with shippers not impossibilities under long and short haul clause. 601. Competition not a factor in construction of Kentucky long and short haul clause. 602. General duty as to stowage on vessels. 603. Same subject-Stowage under deck. 604. Same subject-Stowage on deck. 605. Same subject-Usage as affecting the right to stow on deck in particular instances. 606. Same subject-Damage to other goods stowed in hold. 607. Same subject-Rule as to stowage in hold confined to vessels on seas and great lakes. 608. Same subject-Inland vessels subject to same rules as carriers on land. 609. Same subject-Damage to goods in discharging cargo. 610. Stowage upon freight cars of railroad companies. § 611. The goods must be carried | § 627. Same subject-Not excused 615. Same subject-Option as to routes to be exercised with regard to the shipper's interest. 616. Tempestuous weather may render deviation by vessel necessary. 617. The obligation to carry in the manner provided by the contract. 618. Same subject-Carrier liable for loss if contract not observed. 619. Same subject. 620. Same subject. 621. Liability of carrier where, notwithstanding an unauthorized deviation, the goods arrive on time. 622. Construction of clauses in contracts of affreightment permitting deviations Printed forms. by circumstances beyond his control. 628. Same subject-Shipper must not be in default. 629. Same subject-Carrier may agree to hold the goods for transportation until a future date. 630. Same subject-Implied authority of agent to agree to furnish cars on given day. 631. Care to be taken of the goods in case of delay or accident in the course of the transportation. 632. Same subject. 633. Same subject. 634. Care to be taken of live stock. 635. Space for cattle must be sufficiently ventilated. 636. Care due pregnant or sick animals. 637. Rule in Michigan with re ference to caring for live stock. 638. Carrier must provide suitable places for feeding and watering live stock. 639. Carrier's duty as to management of vehicles containing live stock. 640. Shipper may assume duty by contract to care for live stock in transit. 641. Same subject-But carrier must afford shipper reasonable opportunity and facilities for performing his contract. 642. The failure of the shipper to furnish a caretaker does not excuse any subsequent negligence on the part of the carrier. § 643. Carrier liable for his negli- | § 651. Time within which the gence in loading or un- 644. Negligent delay by carrier 645. Duty of carrier in general to avert injury to goods transported. 646. Same subject The rule stated. 647. But the carrier is not bound to suspend his voy- 648. Same subject. 649. Preference may be given to perishable goods already received. 650. So preference may be given to preservation of life. goods must be carried. 652. Same subject-What time reasonable. 653. How far carrier responsible for unavoidable delay. 654. Same subject-What will excuse delay. 655. Same subject-Other illustrations. 656. Same subject-Circumstances may make delay a duty. 657. Same subject-Delay from strikes or riots. 658. Carrier must complete carriage when cause of delay removed. 659. Same subject. 660. Power of the owner of the goods to change their destination-Liability for freight. 661. Right of owner to terminate carriage short of destination. Sec. 493. (§ 291.) In general.-Before we pass to a consideration of the manner in which the final act of the carrier in respect to the bailment, which consists in the delivery of the goods to the consignee, is to be performed, some other duties which grow out of his relation to them, and which have a more immediate connection with their transportation, claim attention. If we suppose the goods of various employers to have been received by him, and to be in his custody, awaiting transportation by him to their various destinations, questions may arise as to the order in which they shall be forwarded in case his means of conveyance are inadequate for an immediate shipment of them all; as to the time within which their transit. must be commenced in order that their delivery may be made within the reasonable time within which the law requires it to be made; the mode of carriage and the manner in which the goods must be stowed or laden; and the degree of care and |