A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, Volum 1Callaghan, 1906 - 2350 sider |
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Side xviii
... course . .294 Same subject 295 ..... Same subject .296 Where the loss would not have occurred but for the carrier's un- reasonable delay 297 Same subject ..298 Same subject ..299 Same subject .... .300 Same subject - The contrary view ...
... course . .294 Same subject 295 ..... Same subject .296 Where the loss would not have occurred but for the carrier's un- reasonable delay 297 Same subject ..298 Same subject ..299 Same subject .... .300 Same subject - The contrary view ...
Side xxiii
... course of dealing .... ..441 Carrier may limit time within which claim shall be made for loss..442 Same subject - Condition limiting time within which claim shall be made must be reasonable ..... .443 Same subject - Carrier may waive ...
... course of dealing .... ..441 Carrier may limit time within which claim shall be made for loss..442 Same subject - Condition limiting time within which claim shall be made must be reasonable ..... .443 Same subject - Carrier may waive ...
Side xxviii
... course of the transportation ... ..631 Same subject ...... ..632 Same subject .... ..633 Care to be taken of live stock ..... .634 Space for cattle must be sufficiently ventilated .. ..635 Care due pregnant or sick animals .... .636 ...
... course of the transportation ... ..631 Same subject ...... ..632 Same subject .... ..633 Care to be taken of live stock ..... .634 Space for cattle must be sufficiently ventilated .. ..635 Care due pregnant or sick animals .... .636 ...
Side xxxii
... Course to be pursued by carrier - Interpleader - Indemnity .. Same subject - Entitled to reasonable time to investigate title .... 753 Carrier not liable for not permitting goods to be seized on process not against owner . .750 ... 751 ...
... Course to be pursued by carrier - Interpleader - Indemnity .. Same subject - Entitled to reasonable time to investigate title .... 753 Carrier not liable for not permitting goods to be seized on process not against owner . .750 ... 751 ...
Side xxxiii
... Course to be pursued by carrier for his own protection .... .775 VIII . THE CARRIER'S RIGHT TO A RECEIPT ON DELIVERY . Carrier may demand receipt on delivery .... But cannot require surrender of bill of lading . .776 .777 In general ...
... Course to be pursued by carrier for his own protection .... .775 VIII . THE CARRIER'S RIGHT TO A RECEIPT ON DELIVERY . Carrier may demand receipt on delivery .... But cannot require surrender of bill of lading . .776 .777 In general ...
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Vanlige uttrykk og setninger
aff'g affirmed agent Allen baggage bailee bailment Bank Barb bill of lading boat Brown carriage carrier for hire carry citing Hutchinson Clark Coal Colo common car common carrier Conn consignee consignor contract cotton court custody Davis defendant delivered delivery diligence draft duty Exch Express ferry freight held Hutchinson on Carr Insurance Interstate Commerce Commission Iowa Johnson Law Rep liability loss Mass Minn Misc Miss N. Y. Supp negligence Ohio St owner parties passengers Penn Pennsylvania Pennsylvania Co person plaintiff private carrier Q. B. Div Rail Railroad 24 Railroad Co railroad company Railway Co Railway L. R. receipt received REFERENCES refuse responsibility reversing rier road rule S. W. Rep SECTIONS ship shipment shipper Smith Steamboat Steamship succeeding carrier Tenn tion transportation U. S. App undertaking Wend Wilson
Populære avsnitt
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.