A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, Volum 1

Robert Hutchinson

Callaghan, 1906 - 2350 sider

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OF BAILMENTS AND CARRIERS GENERALLY	lvii

Transfer of bill of lading to bona fide holder defeats rights	lxxiv

Carriers duty as to management of vehicles containing live stock 639	lxxix

Same subjectInland vessels subject to same rules as carriers	cx

Same subjectInsurance by shipper for carriers benefit	cxxxix

772	cliii

776	ccxxxvi

Owners right of action how affectedExtent of carriers recovery 780	ccxlvii

Liability beyond terminus may be excluded by contract 233	255

Rule where free passes are issued on condition of no liability 1075	259

Same subject 239	261

Same subjectMeaning of the term to forward or to be for	267

Same subjectNotice given after contract to carry has been per	270

Same subjectCases holding carriers jointly liable 252	273

Same subjectEffect of establishing joint or through rates 262	281

CHAPTER XIII	286

Bailment defined	1

The treatment of the passenger	3

Same subjectSale must be made where market and competition	4

Negligence in one bailee not necessarily so in another	7

Are subject to general rules regulating other carriers 1147	10

Same subjectDamage to goods in discharging cargo 609	11

CHAPTER II	14

Duty as to beginning continuing and ending the transportation	18

Same subjectThrough passenger cannot claim the advantage	20

Not gratuitous where indirect compensation derived	21

Preference may be given to perishable goods already received 649	22

Duty of master to provide for safety health and comfort of passen	23

No presumption of negligence	25

Liability for loss by theft or robbery	31

Private carrier cannot become common carrier by contract 4 5	38

CHAPTER XII	40

His employment must be public in its nature	44

The contract to carryTickets 1028	49

Same subjectFurther illustrations	51

THE EVIDENCE	53

Measure of damages for conversion of the goodsMitigation	55

Must undertake to carry by customary means and route	57

THE LIABILITY OF THE CARRIER AS AFFECTED BY THE CON	62

Proprietors of land vehicles like stagecoaches omnibuses carts	63

Same subjectDuty to persons coming to stations to assist pas	64

Construction of clauses reserving leave to tow and assist other	65

Same subjectCannot give away the goods 794	67

Same subjectWhen liability begins	69

Not required to make personal delivery of goodsWhether notice	72

Railroad receivers trustees etc are common carriers	75

Who are passengers	76

Whether standing in car is contributory negligence 1216	77

Special circumstances under which carrier not deemed to be com	81

Power of the owner of the goods to change their destinationLia	83

Reasonableness of state rates should be determined by a study	85

Same subjectIllustrations	87

Who entitled to be considered a passenger 997	93

Passenger must be allowed reasonable opportunity to enter vehicle	95

Livery stable keepers are not common carriers	96

OF PASSENGER CARRIERS GENERALLY	96

Liability for injury caused passenger by article brought into vehicle	96

CHAPTER IV	98

Same subjectThe contrary view 673	99

Carrier not liable if loss occurs through misconstruction of bill	100

THE FORM OF ACTION	101

Same subjectPrepayment of fare not necessary 1008	102

Same subjectEquipment and heating of waiting roomsRetiring	103

Not sufficient when made to agent not authorized to receive it	104

Same subjectLimitations on rule	114

Carrier excused when goods taken from him by legal process 738	118

Same subjectDuty of carrier to protect passenger while in station	120

Same subjectExpress companies	121

Same subjectHow where goods are misdirected 677	122

The effect of garnishment or trustee process upon the property	125

Delivery to ferrymen when complete	128

Duty of first carrier to effect delivery to succeeding carrier	129

Same subjectIllustrations	135

Same subject 259	136

Passenger allowed reasonable time to call for baggage 1285	138

Same subjectCases holding delivery complete	145

Same subject	151

Duty to accept passenger	152

Same subjectImplied obligations cannot be varied by parol	156

Remedy for wrongful refusal	158

COMMONLAW ACTIONS	161

Same subjectAs receipts not conclusive	164

Leaving or entering train elsewhere than on platform where	169

Effect of recitals as to amount or quantity of goods received	171

Terms of bill of lading cannot be varied by parol	178

Same subjectEffect of subsequent parol agreement	181

Same subjectStatutes making them negotiable	190

Same subjectCarriers duty to ascertain if bill of lading issued 180	196

The rights arising out of the contract must be created by law	200

Same subjectPledge of bill of lading to shippers orderTime	202

Same subjectDuplicate receiptsGoods delivered only on produc	208

Same subjectStatutes controlling 198	214

Traveling on Sunday 1232	216

When performance wholly within one state the law of that state	217

Of contributory negligence generally 1170	221

Matters relating to remedy are governed by law of forum 208	224

Same subjectExtraordinary and unexpected demand will excuse 1114	225

Passenger carrier cannot limit his liability by notice or regula	226

Enforcement of limitation valid in one state by courts of another	231

Enforcement of limitation invalid at place of contract invalid	237

OF CONNECTING CARRIERS	239

English rule denied in majority of states	245

Same subjectPassenger not justified in incurring danger to avoid	247

Same subjectContinues to be passenger though temporarily	248

Contributory negligence usually a question of fact 1174	249

CARRIER NOT LIABLE FOR LOSSES FROM THE ACTS OF THE PUBLIC	287

Effect of cesser clause 854	288

The liability of the carrier by law 265	289

Same subjectOr if he negligently exposes the goods to danger	292

Same subjectWhat purchaser must show	293

Act of God must be proximate cause of loss 274	295

Same subject	298

Questions discussed in this chapter 1240	300

Same subjectSame rule applies to carriers using steam 281	302

How made in general 664	306

What is baggage 1242	311

Same subjectThe contrary view	314

Same subjectNot liable for not guarding against accidents	318

Carrier responsible as in case of deviation	320

Degree of care and diligence required	322

Same subjectDestruction or injury under police power	325

Same subjectRebellionRevolution	328

Same subject 254	330

Same subjectExtent of carriers liability	331

Same subjectLimitations as to time within which ticket is good	334

Same subject 255	336

Same subject 683	337

Same subjectIllustrations	338

Riding in baggage or mailcar 1200	339

Same subject	344

Care to be taken of the goods in case of delay or accident in	346

Same subjectCases holding contrary view	351

Though injury caused by peculiar nature of the animals carrier	358

Who may sue under these statutes 1389	361

Rule different in case of coupon tickets 1048	364

Statute similar to Harter Act enacted in Great Britain in 1900 346	365

Sleepingcar company not responsible for train connections 1137	368

Stowage of delicate and easily tainted goods	371

Second section of Harter Act is the complement of section three 362	377

Duty of sleepingcar company to furnish berth 1139	382

Unfastened ports	384

THE PLEADINGS	387

Effect of deceaseds contributory negligence or his settlement of	390

Due diligence in manning vessel	391

Dangers of the sea	396

Same subject 901	400

Same subjectParol modificationsSigning by one partyEffect	401

Goods usually shipped under contracts limiting liability 388	403

Construction of act	409

Same subject 707	410

Same subjectProvision that ticket shall not be good on certain	412

THE CARRIERS RIGHT TO COMPENSATION	414

Carrier may limit liability by special contract	415

Mere notice is not sufficientWhat constitutes special contract 406	421

Entitled to freight though the goods have become worthless if they	422

Form and nature of the contractNeed not be in writingEvi	427

Regulation of carrier may be waived by usageAuthority of	429

Same subjectStatutory requirements 413	430

Same subjectTerms of limitation on baggage checks 1298	433

Same subjectParol agreement acted upon cannot be limited by	436

Responsibility for defects in vehicles and machinery attributable	437

Same subjectWho to be deemed the owner 721	439

Same subjectHow when train does not stop at passengers des	440

Contracts limiting the amount of damages recoverable 425	442

Same subject 907	443

Proof of the carriers negligence 1411	445

Same subjectExecution of contracts limiting recovery to agreed	450

Effect of time limitation 1396	453

Notice contained in receipt that unless informed of value of goods	456

Same subjectHow under English Land Carriers Act 436	462

Same subjectNotice from course of dealing 441	466

Proof of injury usually makes a prima facie case of negligence 1415	470

Same subjectCarrier may waive benefit of such conditions 444	473

A rate though reasonable should not tend to create a monopoly 587	478

Where liability is limited by contract burden of proof is upon	479

Same subjectSuch protrusions held negligence 1210	482

Same subjectThis rule the prevailing one 453	487

At what place passenger may be ejected 1082	488

Same subjectCarrier responsible to passenger for negligence	492

Same subject 458	493

Through rate may be less than sum of locals 595	498

What will be construed as a contract exempting from liability	500

Carrier in the selection of vehicles must guard against the exigencies	502

STOPPAGE IN TRANSITU	506

Same subject 467	507

How where shipper selects the vehicles himself	508

By what law contract is to be construed 474	513

Same subjectDuty to furnish facilities to express companies with	514

Contract must have a fair construction 476	515

Delay not a conversion of the goodsNor loss through mere non	517

Giving preference to one shipper over another 520	520

Same subjectPerils of the sea etc not synonymous with act	521

Same subject 289	526

Same subjectHow question determined 490	527

Andre utgaver - Vis alle

A Treatise on the Law of Carriers: As Administered in the Courts of the ...
Robert Hutchinson,J. Scott B. 1880 Matthews,William F. B. 1877 Dickinson
Ingen forhåndsvisning tilgjengelig - 2015

TREATISE ON THE LAW OF CARRIER
Robert D. 1878 Hutchinson,J. Scott (Jacob Scott) B. 188 Matthews,William F. (William Frederick Dickinson
Ingen forhåndsvisning tilgjengelig - 2016

Populære avsnitt

Side 358 - ... to exercise due diligence, properly equip, man. provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided.

Vises i 199 bøker fra 1835-2006

Side 355 - The liability of the owner of any vessel, for any embezzlement, loss, or destruction, by any person, of any property, goods, or merchandise, shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity, or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.

Vises i 368 bøker fra 1832-2006

Side 442 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for Opinion of the Court. negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.

Vises i 71 bøker fra 1852-1977

Side 40 - To bring a person within the description of a common carrier, he must exercise it as a public employment ; he must undertake to carry goods for persons generally ; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.

Vises i 133 bøker fra 1803-2001

Side 482 - But the proposition to allow a public carrier to abandon altogether his obligations to the public, and to stipulate for exemptions that are unreasonable and improper, amounting to an abdication of the essential duties of his employment, would never have been entertained by the sages of the law.

Vises i 43 bøker fra 1843-1987

Side 481 - His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents • often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.

Vises i 90 bøker fra 1843-1998

Side 40 - common carrier" has, therefore, been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him from place to place.

Vises i 190 bøker fra 1831-2008

Side 304 - But we think the real answer to the objection is, that no wrong-doer can be allowed to apportion or qualify his own wrong; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.

Vises i 69 bøker fra 1830-1987

Side 356 - ... shall in no case exceed the amount or value of the interest of such owner or owners respectively, in such ship or vessel, and her freight then pending.

Vises i 79 bøker fra 1832-1995

Side 49 - Moore, at page 22, vol. 1, defines a common carrier as one who "holds himself out as such to the world ; that he undertakes generally and for all persons indifferently to carry goods and deliver them for hire; and that his public profession of his employment be such that, if he refuse, without some just ground, to carry goods for anyone, in the course of his employment and for a reasonable and customary price, he will be liable to an action.

Vises i 46 bøker fra 1871-1994

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Tittel	A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, Volum 1 A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, William Frederick Dickinson
Forfatter	Robert Hutchinson
Redaktører	Jacob Scott Matthews, William Frederick Dickinson
Utgave	3
Utgiver	Callaghan, 1906
Lengde	2350 sider

Eksporter sitat	BiBTeX EndNote RefMan

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A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, Volum 1

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