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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Callaghan, 1906 - 2350 sider
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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

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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

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