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 xxvi
... tion one Discrimination in carriage of live stock and affording proper facili- ties under section three Discrimination in coal car distribution under section three ..... ..557 Third section applies as well to passenger as to freight ...
... tion one Discrimination in carriage of live stock and affording proper facili- ties under section three Discrimination in coal car distribution under section three ..... ..557 Third section applies as well to passenger as to freight ...
Side xxvii
... tion four is one of fact ....... ... 569 Real and substantial competition a factor under section four . ... 570 " Basing Point System " is not illegal under section four .... Competition must not be conjectural .... ... 571 ..572 Joint ...
... tion four is one of fact ....... ... 569 Real and substantial competition a factor under section four . ... 570 " Basing Point System " is not illegal under section four .... Competition must not be conjectural .... ... 571 ..572 Joint ...
Side xxviii
... tion , the goods arrive on time ..... Construction of clauses in contracts of affreightment permitting deviations ... tion until a future date ..... ..... 629 Same subject - Implied authority of agent to agree to furnish cars on given ...
... tion , the goods arrive on time ..... Construction of clauses in contracts of affreightment permitting deviations ... tion until a future date ..... ..... 629 Same subject - Implied authority of agent to agree to furnish cars on given ...
Side xliv
... tion - Conclusiveness of contract ..... .1069 Same subject - Good faith required on part of carrier ..... ... 1070 Same subject - When limitation inures to benefit of connecting carrier ..... .... 1071 Right of the carrier to provide ...
... tion - Conclusiveness of contract ..... .1069 Same subject - Good faith required on part of carrier ..... ... 1070 Same subject - When limitation inures to benefit of connecting carrier ..... .... 1071 Right of the carrier to provide ...
Side xlix
... tion ... ..... 1234 ..... Whether the negligence of the passenger's carrier is to be imputed to him when injured by the concurrent negligence of another- The former English rule of Thorogood v . Bryan ..... ...... 1235 Same subject ...
... tion ... ..... 1234 ..... Whether the negligence of the passenger's carrier is to be imputed to him when injured by the concurrent negligence of another- The former English rule of Thorogood v . Bryan ..... ...... 1235 Same subject ...
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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.