A Treatise on the Law of Evidence, Volum 2C.C. Little and J. Brown, 1854 |
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Side 204
... common carrier , the law itself supplies the proof of the con- tract , so far as regards the extent or degree of his liability . But if he is not a common carrier , the terms of his under- taking must be proved by the plaintiff . And in ...
... common carrier , the law itself supplies the proof of the con- tract , so far as regards the extent or degree of his liability . But if he is not a common carrier , the terms of his under- taking must be proved by the plaintiff . And in ...
Side 205
... common carrier , and that he , without the owner's knowledge or authority , delivered them over to another , to be carried , this evidence will support an action brought directly against the latter , with whom the contract will be ...
... common carrier , and that he , without the owner's knowledge or authority , delivered them over to another , to be carried , this evidence will support an action brought directly against the latter , with whom the contract will be ...
Side 206
Simon Greenleaf. § 211. The defendant is proved to be a common carrier , by evidence that he undertakes to carry for persons generally , exercising it as a public employment , and holding himself out as ready to engage in the ...
Simon Greenleaf. § 211. The defendant is proved to be a common carrier , by evidence that he undertakes to carry for persons generally , exercising it as a public employment , and holding himself out as ready to engage in the ...
Side 207
... common carrier , by whom they are lost ; the carrier in such case is the agent of the vendor alone , and the action for the loss is maintainable by him only . So , where the goods were obtained of the vendor by a pretended purchase , by ...
... common carrier , by whom they are lost ; the carrier in such case is the agent of the vendor alone , and the action for the loss is maintainable by him only . So , where the goods were obtained of the vendor by a pretended purchase , by ...
Side 208
... common carrier may qualify his liability , by a general notice to all who may employ him , of any reasonable requisition to be observed on their part , in regard to the manner of delivery and entry of 1 Mayhew v . Nelson , 6 C. & P. 58 ...
... common carrier may qualify his liability , by a general notice to all who may employ him , of any reasonable requisition to be observed on their part , in regard to the manner of delivery and entry of 1 Mayhew v . Nelson , 6 C. & P. 58 ...
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17 Mass acceptor accord and satisfaction action actual admissible alleged amount assumpsit averment Bank bill or note Bing Bull Campb Chitty & Hulme circumstances claim Common Law contract Court covenant Cowen Cowp creditor damages debt debtor declaration deed defendant defendant's demand drawer East Eccl entitled evidence execution executor fact Greenl Hagg Hamp held holder Hulme on Bills Ibid indorser injury issue Jackson Johns judgment Jury land liable loss marriage matter ment mitigation of damages necessary non est factum notice owner paid party patent payable payment person Pick plaintiff plea pleaded possession presumption primâ facie principle promise promissory note proof prove question recover rule Saund seisin Shepl sheriff Smith Stark Stat statute Statute of Frauds statute of limitations Story on Bills sufficient supra Taunt tenant testator tion tort trespass trover Wend witnesses
Populære avsnitt
Side 370 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a, defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it. that he did not know he was doing what was wrong.
Side 237 - His heirs and assigns forever against the lawful claims and demands of all persons...
Side 39 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Side 370 - If the question were to be put as to the knowledge of the accused solely and exclusively with reference to the law of the land, it might tend to confound the jury, by inducing them to believe that an actual knowledge of the law of the land...
Side 371 - For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in selfdefence, he would be exempt from punishment. If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Side 501 - ... or the page immediately following, if it be a book ; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected...
Side 13 - ... when any variance shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof upon the record...
Side 370 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real. For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defence, he would be exempt from punishment.
Side 282 - I wish to know, in a case where a man disregards every principle which actuates the conduct of gentlemen, what is to restrain him except large damages ? To be sure, one can hardly conceive worse conduct than this.
Side 205 - It is now well settled that a common carrier may qualify his liability by a general notice to all who may employ him, of any reasonable requisition to be observed on their part, in regard to the manner of delivery and entry of parcels, and the information to be given to him of their contents, the rates of freight, and the like as, for example, that he will not be responsible for goods above the value of a certain sum, unless they are entered as such, and paid for accordingly :