allowed to stop for passengers at the intersection of streets until it had reached the further side of the street crossed, and that, when plaintiff undertook to alight, the car had only slackened its speed to await a signal from the flagman. Jackson v. Grand Ave. R. Co., 118 Mo. 199; 24 S. W. Rep. 192. Where a street car is stopped for a signal from the flagman before it reaches a crossing, and a passenger is about to alight, with the knowledge of the conductor, it is the latter's duty to give the passenger a reasonable opportunity to get off before starting the car. Ibid.

In an action by a passenger against a street railroad company for personal injuries, the court properly directed a verdict for defendant, where plaintiff was injured in attempting to get off a car while it was crossing a public street in violation of the rules of the company, none of the employees of the company having done anything to cause her to take the step. Calderwood v. North Birmingham St. R. Co., 96 Ala. 318; 11 South. Rep. 66.

A conductor was held not negligent in starting a street car so as to throw off a passenger who was about to alight, when the car had waited a reasonable length of time for passengers to alight, the passenger had delayed, and was not apparently in the act of leaving the car when the signal to start was given, and the conductor had no knowledge of the passenger's desire to alight. Gilbert v. West End St. R. Co., 160 Mass. 403; 36 N. E. Rep. 60.

3. Contributory negligence-failure to observe car passing in opposite direction.- Plaintiff's intestate stepped from an open car before it had stopped, and was struck and killed by an electric car coming from the opposite direction upon a parallel track. When he rose to leave the dashers of the two cars were opposite each other, the car which struck him was going at the rate of fifteen miles an hour, its gong was sounding, and there was nothing to prevent the intestate from seeing and hearing it. Before he left the car the conductor and a passenger both shouted to him to stop. Held, that a verdict was properly directed for defendant. Creamer v. West End Street R. Co., 156 Mass. 320; 31 N. E. Rep. 391.

4. Termination of relation of passenger.- A passenger on a street car, who steps from the car into a public street, ceases to be a passenger the moment he leaves the car. Creamer v. West End Street R. Co., 156 Mass. 320; 31 N. E. Rep. 391.

INDEX.

[Containing references to both the reported cases and the notes.]

erty interest in such trees, and the See RESTRAINTS OF TRADE, 40; STOCK
right to their enjoyment, subject only
to the convenience of public travel.

2. Where land is platted by the BUILDING AND LOAN ASSOCIA-
owner into lots, blocks, streets and al-
leys, and lots are sold by him with
reference to the plat, the purchasers
acquire, as appurtenant to the lots,
the right to have the adjoining streets
and alleys kept clear of obstructions
both on and above the ground. 707.

vide each ticket agent with a certifi-
cate of authority, and to redeem tickets
which are wholly or partly unused,
and forbidding persons not having
such certificates to sell such tickets, is
not unconstitutional as depriving any
person of property without due pro-
cess of law, or as impairing the obli-
gation of contracts. 451.

11. The act is not in conflict with the
Federal Constitution, as interfering
with interstate commerce, though it
applies to tickets entitling the holder
to travel on any railroad or steamboat,
"whether the same be situated, oper-
ated or owned within or without the
limits of this state." 451.

12. Nor is the act in conflict with
that provision of the State Constitu-
tion which prohibits the general as-
sembly from "granting to any cor-
poration, association or individual any
special or exclusive privilege, immu-
nity or franchise whatever." 451.

13. Validity of laws to regulate the

Limitation of liability — gratuitous pas-sale of tickets by common carriers and

sengers.

-

4. One who accepts and uses a free
pass, as a pure gratuity, on condition
that he will assume all risk of personal
injury, must be deemed to have ac-
cepted it on that condition, whether he
reads it or not. 332.

to prevent ticket brokerage or ticket
scalping. 459 note.

Regulating charges

rates

-

reasonableness of

state commissioners.
14. An act which declares that any
railroad company which shall charge
5. A contract, exempting a carrier or receive more than a fair and reason-
from liability to a gratuitous passen-able compensation shall be guilty of
ger, is not prohibited by any rule of extortion, is not void for uncertainty
public policy, and is effectual to exon-in defining the offense. 234.
erate the carrier from liability for the
negligence of his servants. 332.

15. The legislature may authorize
commissioners to fix rates which shall
be deemed prima facie fair and reason-

6. Effect of limitations on back of
passage ticket - when void as amount-able. 234.
ing to a mere notice. 346 note 4.

7. When stipulations on back of
ticket in the form of a notice will be
held valid as regulations, though limit-
ing liability effect of failure to read
condition. 346 note 5.

-

8. A contract by a carrier, limiting
its liability for damage occasioned by
its negligence, is governed by the lex
loci contractus. 345 note 2.

9. Effect of contract between ex-
press company and railroad company
limiting liability of the latter to ex-
press messenger for injuries by negli-
gence. 345 note 3.

Regulating sale of tickets-laws against
ticket scalping.

16. A provision making the com-
missioners' schedule prima facie evi-
dence of the reasonableness of their
rates is not unconstitutional, as depriv-
ing the carriers of their property with-
out due process of law, or as infring-
ing on the rights of trial by jury, since
it simply prescribes a rule of evidence,
and does not deprive the carriers of
their right to a judicial determination
of the reasonableness of the rates.
234.

17. How the reasonableness of rates
is to be determined. 262 note 4.

18. When rates will be deemed un-
reasonable. 263 note 5.

19. Whether the reasonableness of
rates established directly by the legis-
10. An act of Illinois requiring own-lature is open to judicial investigation.
ers of railroads and steamboats to pro- | 261 note 3.

20. Testing the reasonableness of for profit," public warehouses, and
rates by comparison with rates in prescribing maximum rates of charges
other states. 263 note 6.
for storing and handling grain therein,
is within the legitimate sphere of leg-
islative power. 380.