A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water |
From inside the book
Results 1-5 of 100
Page xvi
... Ship Constitution 195 , Spencer v . Percival 581 615 , 616 , 642 Spencer v . White 378 Relf v . Rapp 263 , 266 Spivy v . Farmer 86 , 87 , 96 Reynolds v . Tappan 142 Sproul v . Hemmingway 642 Richards v . Gilbert 85 , 157 Sprowl v ...
... Ship Constitution 195 , Spencer v . Percival 581 615 , 616 , 642 Spencer v . White 378 Relf v . Rapp 263 , 266 Spivy v . Farmer 86 , 87 , 96 Reynolds v . Tappan 142 Sproul v . Hemmingway 642 Richards v . Gilbert 85 , 157 Sprowl v ...
Page 51
... ship of war for the loss of a quantity of bullion , the plaintiff declared , that in consideration that he had caused to be delivered to the defendant certain casks of dollars , to be carried on a voyage from the river Plate to London ...
... ship of war for the loss of a quantity of bullion , the plaintiff declared , that in consideration that he had caused to be delivered to the defendant certain casks of dollars , to be carried on a voyage from the river Plate to London ...
Page 94
... ships as are employed for the transportation of merchandise for all persons indif- ferently . Should the owner of a ship employ it on his own account , and , for the special accommodation of a particular individual , take goods on board ...
... ships as are employed for the transportation of merchandise for all persons indif- ferently . Should the owner of a ship employ it on his own account , and , for the special accommodation of a particular individual , take goods on board ...
Page 95
... ship and freight ; nor should part - owners , in those cases , be liable beyond their respective shares in the ship and freight.1 The statute 53 Geo . III . further limited the responsibility of ship owners for damage done , without ...
... ship and freight ; nor should part - owners , in those cases , be liable beyond their respective shares in the ship and freight.1 The statute 53 Geo . III . further limited the responsibility of ship owners for damage done , without ...
Page 102
... ship - masters and other agents to receive and transport new kinds of goods which were before unknown , and yet it was never , and never could reasonably , be questioned , that the ship - owner was equally liable , as if he had been per ...
... ship - masters and other agents to receive and transport new kinds of goods which were before unknown , and yet it was never , and never could reasonably , be questioned , that the ship - owner was equally liable , as if he had been per ...
Other editions - View all
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.