A Treatise on the Law of Carriers of Goods and Passengers, by Land and by WaterThis 1849 treatise demonstrates the eforts of legal writers to free the transportation industry from rules developed in a pre-commercial society. |
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Page vii
... Lord Chief Justice Holt , from 1688 to 1710 : London , 1738. There was in Lord Holt " a clearness and perspicuity of ideas when he defined ; a distinct arrangement of them when he divided his subject ; and the natural difference of ...
... Lord Chief Justice Holt , from 1688 to 1710 : London , 1738. There was in Lord Holt " a clearness and perspicuity of ideas when he defined ; a distinct arrangement of them when he divided his subject ; and the natural difference of ...
Page xv
... Lord 301 , 304 , 313 , 316 391 482 , 487 157 415 356 173 495 221 , 239 Goodwyn v . Douglas Gould v . Hill Gordon v . Hutchinson 8 , 66 , 70 , 76 , 182 , 185 , 518 Emery v . Hersey 100 , 105 , 173 Enos v . Tuttle Erskine v . Thames 468 ...
... Lord 301 , 304 , 313 , 316 391 482 , 487 157 415 356 173 495 221 , 239 Goodwyn v . Douglas Gould v . Hill Gordon v . Hutchinson 8 , 66 , 70 , 76 , 182 , 185 , 518 Emery v . Hersey 100 , 105 , 173 Enos v . Tuttle Erskine v . Thames 468 ...
Page 2
... Lord Raym . R. 909 ; and see the case in the Appendix . In this case , Lord Chief Justice Holt seems to have traced with great attention , the subject of bailments , and he cites many passages from Bracton which he has nearly copied ...
... Lord Raym . R. 909 ; and see the case in the Appendix . In this case , Lord Chief Justice Holt seems to have traced with great attention , the subject of bailments , and he cites many passages from Bracton which he has nearly copied ...
Page 3
... Lord Holt'so pin ion are in Holt's Reports , 13 , 131 , 528 . 1 An Essay on the Law of Bailments , by Sir William Jones , Knt . ( 4th Eng . edit . ) 2 Commentaries on the Law of Bailments , with Illustrations from the Civil and Foreign ...
... Lord Holt'so pin ion are in Holt's Reports , 13 , 131 , 528 . 1 An Essay on the Law of Bailments , by Sir William Jones , Knt . ( 4th Eng . edit . ) 2 Commentaries on the Law of Bailments , with Illustrations from the Civil and Foreign ...
Page 13
... Lord Holt , in Coggs v . Ber- 1 See post , § 22 , 23 , and § 48-52 . 2 Sleat v . Fagg , 5 B. & Ald . R. 342. See also Ellis v . Turner , 8 T. R. 531 ; Garnett v . Willan , 5 B. & Ald . R. 53 . 3 Thorne v . Deas , 4 Johns . ( N. Y. ) R ...
... Lord Holt , in Coggs v . Ber- 1 See post , § 22 , 23 , and § 48-52 . 2 Sleat v . Fagg , 5 B. & Ald . R. 342. See also Ellis v . Turner , 8 T. R. 531 ; Garnett v . Willan , 5 B. & Ald . R. 53 . 3 Thorne v . Deas , 4 Johns . ( N. Y. ) R ...
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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 bill of lading Bing boat bound cargo carriage carried for hire carry charge charter-party cited coach Coggs collision Comm common carrier Common Law Company consequence considered consignee 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 jury Kent learned Judge liable libellants lien Lord Lord Ellenborough loss master Navigation notice occasioned opinion ordinary owner paid parcel party passengers Payne Penn perils person plaintiff port principle proper proprietors proved question Railroad Railway reasonable received recover respect 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 297 - ... 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 74 - 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 149 - 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 16 - 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 591 - 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 679 - 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 591 - 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 626 - 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.
Page lxviii - If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page lix - And said attorney saith that all and singular the premises were and are true, and within the admiralty and maritime jurisdiction of the United States and of this honorable court...