Sidebilder
PDF
ePub

ees.

Against Buil- CD, (he the said CD then and there being a farrier,) in the way of his said business of a farrier, to shoe a certain horse of the said A B, of great value, and in consideration thereof, and also in consideration of certain reasonable reward, to the said CD in that behalf, he the said CD then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, &c. the said A B to shoe the said horse in a skilful, careful, and proper manner, and although the said CD then and there had and received the said horse for the purpose aforesaid, and shoed the same. Yet the said CD not regarding, &c. but contriving, &c. in this behalf, did not, nor would, shoe the said horse in a skilful, careful and proper manner, but wholly neglected so to do, and on the contrary thereof, he the said C D after the making of his said promise and undertaking, to wit, on, &c. aforesaid, at, &c. aforesaid, so unskilfully, carelessly, negligently and improperly shoed the said horse, that by and through the mere unskilfulness, carelessness and improper conduct of the said CD in this behalf, the near foot before, of the said horse, was then and there pricked and wounded. And the said CD then and there put and placed too narrow a shoe on the said horse, and thereby, and otherwise so improperly shoed the said horse that by means of the said several premises, the said horse then and there became, and was lamed and hurt, and so remained and continued for a long space of time, to wit, from thence, hitherto, during all which time the said A B thereby lost and was deprived of the use and benefit of his said horse, and also thereby, he the said A B was forced and obliged to, and did necessarily lay out and expend a large sum of money, to wit, &c. in and about the endeavouring to heal and cure the said horse, and the said horse was, and is by means of the said premises greatly damaged and deteriorated in value, to wit, at, &c. aforesaid. [Add one or more special counts, less particular and adapted to the nature of the case.]

[merged small][ocr errors]

*For that whereas the said C D, before and at the time of the making of his promise and undertaking hereinafter next men

(d) The action should be brought in the name of the consignee of the goods, when they are sent at his

risk, as is most usual, and not in the name of the consignor, 8 T. R. 330. Bull. N. P. 36. 3 P. Wms. 186. 3

ees.

tioned, was a common carrier of goods and merchandise for Against Bailhire, in and by a certain waggon, (or "coach,") from ▬▬▬▬▬▬▬▬▬ to -(e) to wit, at, &c. And the said CD being such carrier as aforesaid, the said AB heretofore, to wit, on, &c. at, &c. aforesaid, at the special instance and request of the said CD, caused to be delivered to him the said CD, being such carrier as aforesaid, at, &c. aforesaid, a certain box containing certain goods and chattels, to wit, &c. (describe them,) of the said A B, of great value, to wit, of the value of 7. of lawful, &c. to be taken care of, and safely and securely carried and con veyed by the said C D, as such carrier as aforesaid, in and by the said waggon, (or "coach,") from, &c. aforesaid, to, &c. aforesaid, and there, to wit, at &c. aforesaid, to be safely and securely delivered by the said C D for the said A B; and in consideration thereof, and of certain reward to him, the said CD, in that behalf, he the said CD being such carrier as aforesaid, then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, undertook, and faithfully promised the said A B to take care of the said box and its contents aforesaid, and safely and securely to carry and convey the same in and by the said waggon, (or "coach,") from, &c. aforesaid, to, &c. aforesaid, and there, to wit, at, &c. aforesaid, safely and securely to deliver the same for the said A B; and although the said C D as such carrier as aforesaid, then and there had and received the said box and its contents aforesaid, for the purpose aforesaid, yet the said CD, not regarding his duty as such carrier, nor his

* 118

B. & P. 582. 2 Saund. 47. h. Cowp.
995. 3 T. R. 469. See the modern
decisions as to the liability of car-
riers, and the form of declaring,
Selwyn's N. P. tit. Carrier. 4 East,
371. 5 East, 428, 512. 6 East, 564.
According to the last case, the de- (e) It does not appear to be ne-
claration may be in the usual form, cessary to commence with an induce-
though under the usual advertise- ment of the defendant's being a com-
ment the carrier may be liable only mon carrier, or of the nature of the
to the amount of 51. The declara- conveyance, but the declaration will
tion may be either in assumpsit or suffice if it merely state the delivery
ease, 5 Mod. 92. 2 Salk. 440. The to the defendant of the goods, &c, to
latter form of action is preferable if be carried from, &c. to, &e and his
there be any doubt as to the defend- undertaking to carry accordingly.

ant's having a partner, because in an
action on the case the joinder of too
many defendants will not prejudice,
nor can the defendant plead in abate-
ment the nonjoinder of his copart-
ners, 3 East, 62.

[blocks in formation]

ees.

Second count,

for not carry

ing within a

reasonable time.

Against Bail- said promise and undertaking so made as aforesaid, but con triving and fraudulently intending craftily and subtly to deceive and injure the said AB in this behalf, hati: not taken care of the said box, and its contents aforesaid, or safely or securely carried or conveyed the same from, &c. aforesaid, to, &c. aforesaid, nor hath there, to wit, at, &c. aforesaid, safely or securely delivered the same for the said A B, but on the contrary thereof, he the said CD, being such carrier as aforesaid, so carelessly and negligently behaved and conducted himself with respect to the said box and its contents aforesaid, that by and through the mere carelessness, negligence and improper conduct of the said CD and his servants in this behalf, the said box and its contents aforesaid, being of the value aforesaid, afterwards, to wit, on, &c aforesaid, at, &c. aforesaid, became and were wholly lost to the said A B, to wit, at, &c. aforesaid. And whereas also afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, in consideration that the said A B, at the special instance and request of the said C D, had then and there caused to be delivered to him the said CD, divers other goods and chattels, to wit, &c. of great va ue, to wit, of, &c. to be taken care of, and safely and securely carried and conveyed by the said CD from, &c. aforesaid, to, &c. aforesaid, and there, to wit, at, &c. aforesaid, to be delivered by the said CD for the said A B, for certain reward to the said CD, in that behalf, he the said CD undertook, &c. to take care of the said last-mentioned goods and chattels, and safely and securely to carry and convey the same from, &c. aforesaid, to, &c. aforesaid, and there, to wit, at, &c. aforesaid, to deliver the same for the said A B in a reasonable time then next following. And although the said CD then and there had and received the said last-mentioned goods and chatteis for the purpose aforesaid, and although a reasonable time for the carriage, conveyance and delivery thereof as aforesaid, hath long since elapsed, yet the said CD, not regarding, &c. but contriving, &c. did not, nor would, within such reasonable time as aforesaid, or at any time afterwards, although often requested so to do, safely and securely carry and convey the said lastmentioned goods and chattels from, &c. aforesaid, to, &c. aforesaid, nor there, to wit at, &c. aforesaid, deliver the same for the said A B, but hath hitherto wholly neglected and refused

* 119

ees.

so to do, whereby the said last-mentioned goods and chattels Against Buitbeing of the value aforesaid, have been, and are wholly lost to the said A B, to wit, at, &c. aforesaid. [Add counts for money had and received-and-upon an account stated.]

enach-owner, for not carry

ing a passenger.(f)

*120

For that whereas the said CD, before and at the time of 28. Against a the making of his promise and undertaking, hereinafter next mentioned, was the owner and proprietor of a certain coach or carriage, going and passing from, &c. to, &c. for the carriage and conveyance therein of passengers, and their luggage, for certain hire and reward, to wit, at, &c. And thereupon heretofore, to wit, on, &c. at, &c. aforesaid, in consideration that the said A B, at the special, &c. would take and engage a place or seat in the coach or carriage, of the said C D, to be carried and conveyed therein, as a passenger, from a certain place, called, &c. to, &c. aforesaid, together with his luggage, to be carried and conveyed by the said coach, from the said place, called, &c. to, &c. aforesaid, at and for certain reasonable hire or reward, to be therefore paid by the said A B to the said CD in that behalf, he the said C D then and there undertook, &c. to carry and convey the said A B, together with his said luggage, in and by the said coach or carriage, from the said place, called, &c. to, &c. aforesaid. And the said A B, in fact saith, that although he, confiding, &c. did afterwards, to wit, on, &c. at, &c. aforesaid, take and engage a place or seat in the said coach or carriage, to be carried and conveyed, together with his said luggage, in and by the said coach or carriage, from the said place, called, &c. to, &c. aforesaid, and although the said A B from the time of making the said promise, &c. was ready and willing, and on, &c. aforesaid, to wit, at, &c. aforesaid, was ready at the said place, called, &c. to be carried and conveyed, together with his said luggage, in or by the said coach or carriage, from thence, to, &c. aforesaid, and the said AB there requested the said C D, to carry and con

(f) This count is founded on the undertaking implied by the plaintiff's having taken a place. If no place have been taken, and the defendant refuse to carry the plaintiff or his luggage, having room for that pur.

pose, the declaration should be in
case, as post,——. Which action is
sustainable, Buil. N. P. 70. 2 Show.
327. 1 Show. 105. Dyer, 158. 8
Co. 32. 1 Saund. 312. n. e. 5
T. R. 149. Lord Raym, 652. 654.

[ocr errors]

Against Bail- vey him the said ♬ B, together with said luggage, in or by the said coach or carriage, from the said place, called, &c. to, &c. aforesaid. Yet the said C D, not regarding, &c. but contriving, &c. did not, nor would, when he was so requested as aforesaid, or at any other time, carry or convey him the said CD, together with his said luggage, in or by the said coach or carriage, called, &c. to, &c. but then and there wholly neglected and refused so to do, to wit, at, &c. aforesaid, whereby he the said AB was then and there forced and obliged to hire and procure another conveyance, from, &c. aforesaid, to, &c. aforesaid, and was thereby also put to great trouble and inconvenience, and to great expense of his monies, in the whole, amounting to a large sum of money, to wit, &c. and was, and is by means of the premises, otherwise greatly injured and damnified, to wit, at, &c. aforesaid. [State any special damage which the plaintiff may have sustained, and add a count or counts, omiting the inducement and statement, that the defendant was owner of the coach, and what relates to the luggage-also the money counts and accounts stated and breach.]

* 121

29. Against the captain of

a ship on his bill of lading

for loss of goods.(/)

For that whereas the said C D, before and at the time of the making of his promise and undertaking, hereinafter next mentioned, was the master and commander of a certain ship or vessel, called the then in the river Thames, and bound from thence to Liverpool, in the county of Lancaster, to wit, at, &c. (the venue.) And thereupon the said A B, heretofore, to wit, on, &c. (the date of the bill of lading) in the river Thames aforesaid, to wit, at, &c. aforesaid, at the special, &c. caused to be shipped and loaded in and on board of the said ship or vessel, whereof the said CD then was such master and commander as aforesaid, divers goods and merchandise, to wit,

then

(f) As to precedents in this ac- fice with very little alteration.— tion, see 2 Wentw. Index. Carth. In coasting voyages, frequently there 58. Rep. temp. Hardw. 195. The is no bill of lading, in which case a action may be brought either against part of the description of the conthe owner or the master of the tract will be omitted. If there be a ship, Carth. 58. Abbott's Shipping, charter-party under seal, the action per totum and Index. tit. Master must be founded on the deed, 1 New and Owners. If the action be against Rep. 104.

the owner, the above form will suf

« ForrigeFortsett »