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accept according action agents agree agreement allowed amount answer appeal asked authority bank barge bill of lading called cargo carried caused charge charterers circumstances claim clause clear collision condition contract costs Counsel course Court damage defendants discharge doubt effect engines entitled evidence fact failed four freight further give given ground hand head hold instructed issue Judge judgment Justice learned letter liability light London Lord loss Lowe matter meaning ment Messrs negligence notice opinion owners paid parties Pass person plaintiffs port position proceedings profits question reason received referred regard repairs respect respondent result river Sect ship shipowners side stamps starboard steamship suggested taken thing tion trade underwriters vessel whole witnesses
Side 184 - Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from — (a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship...
Side 180 - America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped and supplied, neither the vessel, her owner or owners, agent, or charterers shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel...
Side 29-19 - No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.
Side 219 - The court said there must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Side 227 - ... satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.
Side 289 - The owners of every vessel or float of timber shall be answerable to the undertakers for any damage done by such vessel or float of timber, or by any person employed about the same, to the harbour, dock or pier or the quays or works connected therewith...
Side 65 - The doctrine will apply, which is to be found, I believe, In the laws of all civilized nations, that if a man either by words or by conduct, has intimated that he consents to an act which has been done, and that he will offer no opposition to it, although it could not have been lawfully done without his consent, and he thereby induces others to do that from which they otherwise might have abstained, he cannot question the legality of the act he had so sanctioned, to the prejudice of those who have...
Side 128 - Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.
Side 128 - Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with goods in an amount exceeding £100 per package or unit, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading.
Side 167 - represents and takes the place of the policy and conveys all the rights "of the original policy holder (for the purpose of collecting any loss or "claims) as fully as if the property was covered by a special policy direct "to the holder of this certificate and free from any liability for unpaid "premiums.