A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water |
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Page 3
... fact , that so important a branch of jurisprudence , as the title bailment , in the English law , should have , from the reign of Elizabeth to the reign of Anne , produced more contradictions and confusion , more diversity of opinion ...
... fact , that so important a branch of jurisprudence , as the title bailment , in the English law , should have , from the reign of Elizabeth to the reign of Anne , produced more contradictions and confusion , more diversity of opinion ...
Page 7
... fact than of law ; and the later decisions hold , that it must often be left to the jury upon the nature of the subject - matter , and the particular 1 Jones on Bailm . 5 , 6 . 2 Story on Bailm . § 11 ; and see Vaughn v . Menlove , 3 ...
... fact than of law ; and the later decisions hold , that it must often be left to the jury upon the nature of the subject - matter , and the particular 1 Jones on Bailm . 5 , 6 . 2 Story on Bailm . § 11 ; and see Vaughn v . Menlove , 3 ...
Page 9
... fact the general measure of diligence . ' 8. The customs of trade and the course of business also have an important influence . If , in the course of a particu- lar trade , particular goods , as for instance , coals , are usually left ...
... fact the general measure of diligence . ' 8. The customs of trade and the course of business also have an important influence . If , in the course of a particu- lar trade , particular goods , as for instance , coals , are usually left ...
Page 13
... fact his fifth division is no more than a branch of his third ; and he might , with equal reason , have added a seventh , since the 1 Sleat v . Fagg , 5 B. & Ald . R. 342. See also Ellis v . Turner , 8 T. R. 531 ; Garnett v . Willan , 5 ...
... fact his fifth division is no more than a branch of his third ; and he might , with equal reason , have added a seventh , since the 1 Sleat v . Fagg , 5 B. & Ald . R. 342. See also Ellis v . Turner , 8 T. R. 531 ; Garnett v . Willan , 5 ...
Page 22
... fact , and others , where it is matter of fact more than of law . All the cases afford illustration of the difficulty of defining gross negligence with satisfactory precision ; but the case of Tracy v . Wood is considered very striking ...
... fact , and others , where it is matter of fact more than of law . All the cases afford illustration of the difficulty of defining gross negligence with satisfactory precision ; but the case of Tracy v . Wood is considered very striking ...
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Common terms and phrases
Abbott on Shipp accident act of God action Admiralty aforesaid agent alleged Appx assumpsit baggage bailee bailment bailor Bank bill of lading Bing boat bound cargo carriage carry carrying for hire charge charter-party cited coach Coggs collision Comm common carrier Common Law Company consequence considered consignee consignor conveyance Court damage declaration defendant defendant's delivered delivery diligence doctrine driver duty entitled evidence fraud freight Grand Junction Railway gross negligence held hire horse injury insurer Jersey Steam Navigation jury Kent learned Judge liable libellants lien Lord Ellenborough loss master notice occasioned opinion ordinary owner paid parcel party passengers Payne Penn perils person plaintiff port principle proprietors proved public enemy question Railroad reasonable received recover responsibility rule safely says servant ship Sir William Jones special contract stage-coach steamboat Story on Bailm tion transportation trover undertaking usage verdict vessel voyage wagon Welsb Wend York
Popular passages
Page 290 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 145 - The law charges this person thus intrusted to carry goods, against all events but acts of God, and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 73 - any man undertaking, for hire, to carry the goods of all persons indifferently;" and in Dwight v. Brewster (1 Pick. 50), to be "one who undertakes, for hire, to transport the goods of such as choose to employ him, from place to place.
Page 651 - ... carriers might have an opportunity of undoing all persons that had any dealings with them, by combining with thieves, etc., and yet doing it in such a clandestine manner, as would not be possible to be discovered. And this is the reason the law is founded upon in that point.
Page 651 - Let us consider the reason of the case. For nothing is law that is not reason.
Page 573 - By section 2, it is further enacted, " that every such action shall be for the benefit of the wife, husband, parent, and child, of the person whose death shall have been so caused...
Page 651 - He seldom follows or sends any servant with them to the place of their destination. If they should be lost or Injured by the grossest negligence of the carrier or his servants, or stolen by them or by thieves In collusion with them, the owner would be unable to prove either of these causes of loss. His witnesses must be the carrier's servants, and they, knowing that they could not be contradicted, would excuse their masters and themselves.
Page 573 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, in respect thereof...
Page 651 - The fifth sort is, when goods or chattels are delivered to be carried, or something is to be done about them, for a reward to be paid by the person who delivers them to the bailee, who is to do the thing about them.
Page 603 - That by virtue of this it is not only the right but the bounden and solemn duty of a State to advance the safety, happiness, and prosperity of its people and to provide for its general welfare by any and every act of legislation which it may deem to be conducive to these ends, where the power over the particular subject or the manner of its exercise is not surrendered or restrained in the manner just stated.