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PREFACE

The first edition of this book was entitled "Cases on the Law of Public Service," and dealt only with principles of the law applicable generally to public service agencies. It contained material on the bases of public service duties, the nature of the service to be rendered, the right to make rules for the service, material on the whole subject of rates, the duty against discrimination, the duty to furnish adequate facilities, and the right of withdrawal from public service. In this second edition the whole field of the first edition is covered in Part One. Part Two has been added, and deals with "The Law Peculiar to Common Carriers and Innkeepers." The result is that there is now available in one volume material for a combined course on Public Service and Carriers.

Of the cases which appeared in the original edition twenty-one have been deleted. New cases to a somewhat larger number have been added to Part One. While new material will be found throughout the seven original chapters, the greatest changes have been made in the chapters on Rates and on Withdrawal from Public Service. A very considerable amount of new material has been added to the footnotes, and it is believed that their usefulness has been particularly increased by the inclusion in them of references to a large number of articles and notes which have appeared in the legal periodicals on the various subjects which are dealt with.

Since common carriers and innkeepers are engaged in public service, the general law of public service applies to them. It is, then, an unnecessary and wasteful duplication to consider over again, in a course on Carriers, that general law. There is, however, a certain body of law peculiar to carriers and innkeepers. Material for the study of this body of law is contained in Part Two of the present edition of this casebook. Here are cases on what constitutes common carriage and innkeeping, on the commencement of these undertakings, on the insurance liability and its exceptions, cases dealing with the liability to passengers and guests, with the limitation of the common law liability, with the termination of carriage, and with connecting carriers. In this part also a good deal of supplementary material has been put into footnotes, and in these notes frequent reference has been made to useful articles and notes in the legal periodicals.

V

It has been found advisable, in most of the cases which are used, to omit parts of the statements of facts, and of the opinions. When this has been done the fact has always been indicated. Occasionally, when it has seemed desirable to bring to the attention of the student only one point in an opinion, that point alone has been printed.

The editor desires to express his warm appreciation of the useful suggestions made by his friend Professor Henry W. Edgerton, of the law faculty of George Washington University, during the preparation of the present edition of this casebook, as well as his appreciation of the courtesy of his colleague, Professor E. H. Woodruff, in turning over to him notes which had at one time been made in contemplation of the preparation of a casebook on carriers, which project was later abandoned.

Cornell University

June, 1924

C. K. B.

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