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 32
... held that the carrier could be held upon his special undertaking , and that the words used by him to the owner of the goods amounted to a warranty that the goods should go safely.43 Said the court , per Cham- bre , J. , " the defendant ...
... held that the carrier could be held upon his special undertaking , and that the words used by him to the owner of the goods amounted to a warranty that the goods should go safely.43 Said the court , per Cham- bre , J. , " the defendant ...
Side 34
... held where goods were de- posited in a warehouse for custody , and while there were in- jured through the carelessness of the warehouseman ; but be- fore they were taken away by the owner they were destroyed by a sudden freshet , which ...
... held where goods were de- posited in a warehouse for custody , and while there were in- jured through the carelessness of the warehouseman ; but be- fore they were taken away by the owner they were destroyed by a sudden freshet , which ...
Side 35
... held liable for losses occurring from certain accidents or causes , it may still be shown that , notwithstanding the loss or injury arose from one of the ex- cepted causes , it would not have occurred but for the negli- gence of the ...
... held liable for losses occurring from certain accidents or causes , it may still be shown that , notwithstanding the loss or injury arose from one of the ex- cepted causes , it would not have occurred but for the negli- gence of the ...
Side 47
... held in the action against him by the plaintiff to recover its value , that he was a common carrier in the performance of the service for the plaintiff and was liable as such . The decision was based mainly upon several previous ...
... held in the action against him by the plaintiff to recover its value , that he was a common carrier in the performance of the service for the plaintiff and was liable as such . The decision was based mainly upon several previous ...
Side 49
... held that under all the circum- stances he did have such author- ity , and that the defendant was liable for the cotton as a common carrier . " If the defendant , " said the court , " had previously em- ployed his boat for his own pur ...
... held that under all the circum- stances he did have such author- ity , and that the defendant was liable for the cotton as a common carrier . " If the defendant , " said the court , " had previously em- ployed his boat for his own pur ...
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A Treatise on the Law of Carriers: As Administered in the Courts of the ... Robert Hutchinson Uten tilgangsbegrensning - 1882 |
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 |
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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.