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

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Callaghan, 1906 - 2350 sider

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Innhold

CARRIER NOT LIABLE FOR LOSSES FROM THE ACTS OF THE PUBLIC
12
Statements as to the carriers reward or compensation
13
CHAPTER II
14
Presumption that carriage is gratuitous
20
Degree of negligence which creates liabilityInstances
22
Requisites of declaration against private carrier
27
Private carrier may contract for nonliability
34
CHAPTER III
40
Same subjectInland vessels subject to same rules as carriers
44
Same subjectThe rule in England
46
Same subjectOther cases illustrating general rule
53
What the carrier may show 1353
55
Must undertake to carry by customary means and route
57
Are subject to general rules regulating other carriers 1147
58
Goods must be of kind he professes to carry
59
Proprietors of land vehicles like stagecoaches omnibuses carts
63
Same subjectDuty to persons coming to stations to assist pas
64
Same subjectNot liable where passenger has evaded payment
65
Responsibility for delivery to the wrong personNegligent delivery
66
Same subjectCannot give away the goods 794
67
Same subjectWhen liability begins
72
SLEEPING AND PARLOR CABS
75
Who are passengers
76
Whether standing in car is contributory negligence 1216
77
Same subjectPeculiarities of their business
80
Reasonableness of state rates should be determined by a study
85
Same subjectHow when railroad company does not own cars
88
Who entitled to be considered a passenger 997
93
Postmasters mail contractors and carriers not common carriers
94
Livery stable keepers are not common carriers
96
CHAPTER IV
98
Carrier liable for his negligence in loading or unloading stock not
100
Same subjectPrepayment of fare not necessary 1008
102
Not sufficient when made to agent not authorized to receive it
104
Transfer of bill of lading to bona fide holder defeats rights 762
110
Same subjectLimitations on rule
114
Carrier excused when goods taken from him by legal process 738
118
Same subjectExpress companies
121
Delivery to ferrymen when complete
128
Duty of first carrier to effect delivery to succeeding carrier
129
Distinction between common carrier and carrier of passengers 890
134
Same subjectIllustrations
142
Entitled to freight though the goods have become worthless if they
147
Same subjectDuty of first carrier to forward shipping directions
149
Liability of carrier where illtreatment is provoked by the pas
151
Damages when carrier refuses to perform his contract to accept
152
Same subjectOther reasons
155
Liability of carrier usually limited by contract
161
The contract to carryTickets 1028
162
Rebate equal to cartage charges is discriminative 545
164
Same subjectHow in case of bona fide holder
167
Same subjectImplied obligations cannot be varied by parol
168
Leaving or entering train elsewhere than on platform where
169
Same subjectHow where duty to unload cars devolves on con
171
Same subject
176
Same subject
180
Conclusions on this subject 1320
182
Same subject 258
184
Bills of lading are assignable but not negotiable
186
COMMONLAW ACTIONS
188
Goods must be delivered only in accordance with bill of lading
192
Same subjectBill of lading to shippers orderDraft attached 183
199
The rights arising out of the contract must be created by law
200
Same subjectDuplicate bills of lading to consignorPossession
205
Same subjectConsignment cannot be changed by shipper when
211
Whether property of government subject to lien 886
214
Traveling on Sunday 1232
216
When performance wholly within one state the law of that state
217
THE FORM OF ACTION
220
Of contributory negligence generally 1170
221
Matters relating to remedy are governed by law of forum 208
223
Facts extrinsic of presumptive evidence may be considered by
229
Enforcement of limitation valid at place of contract valid
235
OF CONNECTING CARRIERS
239
Duty of carrier in general to avert injury to goods transported 645
240
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
Section three is more comprehensive than section two 552
249
Liability beyond terminus may be excluded by contract 233
254
The effect of garnishment or trustee process upon the property
255
Same subject 239
261
The liability of the carrier by law
265
Same subjectMeaning of the term to forward or to be for
267
Same subject
311
Same subjectWhen one passenger may be ejected for misconduct
316
Same subjectNot liable for not guarding against accidents
318
Same subjectWhat elements must exist 1015
320
Same subjectWhen passengers are carried on freight or mixed
322
Carrier protected if loss caused by public authority
324
Act of God will not excuse carrier if carrier has wrongfully
325
Power of the owner of the goods to change their destinationLia
327
Not necessary that vendor obtain actual possession of goodsNotice
329
Same subject 254
330
Same subject
331
Same subjectLimitations as to time within which ticket is good
334
Same subject 255
336
Same subjectExtent of carriers liability
337
Riding in baggage or mailcar 1200
339
Construction of clauses reserving leave to tow and assist other
341
Difference in liability based on inherent nature
343
The duty and liability of the carrier when adverse claim is set
346
To what vessels and property Harter Act applies
347
The time at which the carrier must commence and complete
348
Delivery by carrier to transfer companyDelivery by transfer
350
Same subjectCases holding carriers not jointly liable 256
351
Responsibility for such stowage rests on the carrier alone
353
Though injury caused by peculiar nature of the animals carrier
358
Proper stowage at commencement of voyage may be made improper
359
Same subjectHow where consigned to agent of carrier 675
361
Rule different in case of coupon tickets 1048
364
Statute similar to Harter Act enacted in Great Britain in 1900 346
365
Origin of goods immaterial under section three 554
367
Passenger must be allowed reasonable opportunity to enter vehicle
368
Same subjectLatent defects
377
Duty of sleepingcar company to furnish berth 1139
382
Unfastened ports
384
Due diligence in manning vessel
391
Discrimination in carriage of live stock and affording proper facili
393
Dangers of the sea
396
CHAPTER IX
400
Same subjectThe English rule 905
402
Goods usually shipped under contracts limiting liability 388
403
Original theory as to carriers obligation 1322
407
Construction of act
409
Same subject 707
410
Same subject Provision that ticket shall not be good on certain
412
In general 778
413
Carrier may limit liability by special contract
415
Mere notice is not sufficientWhat constitutes special contract 406
421
OF ACTIONS AGAINST COMMON CARRIERS
426
Form and nature of the contractNeed not be in writingEvi
427
Same subjectParol modificationsSigning by one partyEffect
429
Same subjectParol agreement acted upon cannot be limited by
436
Responsibility for defects in vehicles and machinery attributable
437
Same subjectHow when train does not stop at passengers des
440
Contracts limiting the amount of damages recoverable 425
442
Contributory negligence of passengerBurden of proof on
446
Same subjectExecution of contracts limiting recovery to agreed
450
The measure of damages
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
Who liable for the freightConsignee prima facie liable 807
468
Same subjectCarrier may waive benefit of such conditions 444
476
A rate though reasonable should not tend to create a monopoly 587
478
Same subjectThe contrary view 451
482
At what place passenger may be ejected 1082
488
Same subjectContrary rule prevails in New York 454
489
Same subjectHow when by mistake he is given obviously wrong
492
Tast duty of carrier is delivery 662
493
Powers of agents of carriers to bind them by contract 460
496
Through rate may be less than sum of locals 595
498
Discrimination in coal car distribution under section three 557
501
Carrier in the selection of vehicles must guard against the exigencies
502
Contracts limiting liability must be construed strictly against
503
STOPPAGE IN TRANSITU
506
Questions discussed in this chapter 1240
507
How where shipper selects the vehicles himself
508
How the benefit of such contracts can be claimed by connecting
509
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
Same subjectPerils of the sea etc not synonymous with act
521
Effect of joint rates in bringing a railroad within the scope of
526
Same subjectHow question determined 490
527

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Side 360 - ... 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 357 - 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 444 - 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 42 - 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 484 - 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 483 - 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 42 - 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 306 - 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 358 - ... 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 51 - 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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