A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water |
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Page 11
... party guilty of fraud , no laches would come up to the legal notion of gross negligence , so as to entitle the sufferer by the loss to recover . A man may leave a casket of jewels or a purse of gold upon the table of a public room at an ...
... party guilty of fraud , no laches would come up to the legal notion of gross negligence , so as to entitle the sufferer by the loss to recover . A man may leave a casket of jewels or a purse of gold upon the table of a public room at an ...
Page 33
... party under the circumstances might be presumed to rely , not on the rule of law , but on the care , which the party was accustomed to take of his own property in making the deposit . But , unless he knew the habits of the bailee , or ...
... party under the circumstances might be presumed to rely , not on the rule of law , but on the care , which the party was accustomed to take of his own property in making the deposit . But , unless he knew the habits of the bailee , or ...
Page 43
... party charged with negligence alone . " 1 $ 41. In general , a mandatary can be said to have a special property in the thing bailed only when he has in- curred expenses about it , and , consequently , has a lien . But , even when he has ...
... party charged with negligence alone . " 1 $ 41. In general , a mandatary can be said to have a special property in the thing bailed only when he has in- curred expenses about it , and , consequently , has a lien . But , even when he has ...
Page 52
... party from losses by theft . A store may be broken open however securely locked ; a person may be robbed while riding in a stage- coach , or while asleep ; a servant may be faithless , and betray the confi- dence reposed in him ; a ...
... party from losses by theft . A store may be broken open however securely locked ; a person may be robbed while riding in a stage- coach , or while asleep ; a servant may be faithless , and betray the confi- dence reposed in him ; a ...
Page 58
... party as the other , the carrier is not liable . In Whalley v . Wray , 2 the damage complained of happened distinctly by the owner's neglect . This was an action of assumpsit against the de- fendant , as a lighterman , for damage done ...
... party as the other , the carrier is not liable . In Whalley v . Wray , 2 the damage complained of happened distinctly by the owner's neglect . This was an action of assumpsit against the de- fendant , as a lighterman , for damage done ...
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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.