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action affreightment agent agreed agreement alleged appellant appellee arrival Assumpsit baggage bailee bailment bill of lading Boston bound cargo carry cause charge charter charter party Chicago circumstances claim common carrier common law conductor consignee consignor contract of carriage damages defendant defendant's delay delivered delivery demurrage destination discharge duty entitled evidence express fare fendant freight held injury judgment jury liability lien loss Mass master merchant N. Y. Supp negligence nonsuit notice Oleron opinion are omitted ordinary owner package paid party passenger performance perils person plaintiff port public enemy purchaser question railroad company railway company reasonable receipt received recover refused responsibility rier road rule servants ship shipment shipowner shipper statement of facts steamboat stipulation Supreme Court ticket tiff tion train transportation trial verdict vessel voyage West Mansfield York
Side 187 - In witness whereof the master or purser of the said ship hath affirmed to three bills of lading...
Side 569 - And, in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...
Side 561 - All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
Side 452 - It must not be forgotten that you nre not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Side 342 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen If those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Side 568 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...
Side 562 - Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the Commission.
Side 480 - That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied...
Side 561 - That it shall be unlawful for any common carrier, subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof...
Side 561 - That any person, firm, corporation, company, or association, or any mercantile, agricultural, or manufacturing society or other organization, or any body politic or municipal organization, or any common carrier, complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, in contravention of the provisions thereof...