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 ix
... York . in the Appendix on account of the particular subject to which they relate , and because they contain , according to Chancellor Kent , " very able and learned discussions on the subject , and the validity and policy of the stern ...
... York . in the Appendix on account of the particular subject to which they relate , and because they contain , according to Chancellor Kent , " very able and learned discussions on the subject , and the validity and policy of the stern ...
Page xv
... York Fire Ins . Co. Gardner v . Greene 82 Gardner v . Ship New Jersey 193 Gardner v . Smallwood 205 495 Garrigues v . Coxe 170 Gates v . Miles 606 Gibbons v . Ogden 631 E. Eagle v . White 78 , 153 , 243 , 282 , Edwards 1. Kerr Edwards v ...
... York Fire Ins . Co. Gardner v . Greene 82 Gardner v . Ship New Jersey 193 Gardner v . Smallwood 205 495 Garrigues v . Coxe 170 Gates v . Miles 606 Gibbons v . Ogden 631 E. Eagle v . White 78 , 153 , 243 , 282 , Edwards 1. Kerr Edwards v ...
Page xvii
... York City v . Miln 631 , 632 497 Nourse v . Snow 485 609 226 , 228 Noyes v . Morris 557 430 M'Call v . Forsyth M'Clure v . Hammond M'Clure v . Richardson McDaniel v . Emanuel McGill v . Rowland 591 424 , 451 , 71 , 80 , 173 , 0 . O ...
... York City v . Miln 631 , 632 497 Nourse v . Snow 485 609 226 , 228 Noyes v . Morris 557 430 M'Call v . Forsyth M'Clure v . Hammond M'Clure v . Richardson McDaniel v . Emanuel McGill v . Rowland 591 424 , 451 , 71 , 80 , 173 , 0 . O ...
Page xviii
... York Ins . Co. Purviance v . Angus 519 187 , 403 Putnam v . Wood 173 Ship Nathaniel Hooper 398 Simpson v . Hand 556 , 565 , 634 , 636 , 649 R. Singleton v . Hilliard 159 , 230 , 244 Skinner v . Housatonic Railroad Rainhard v . Hovey 585 ...
... York Ins . Co. Purviance v . Angus 519 187 , 403 Putnam v . Wood 173 Ship Nathaniel Hooper 398 Simpson v . Hand 556 , 565 , 634 , 636 , 649 R. Singleton v . Hilliard 159 , 230 , 244 Skinner v . Housatonic Railroad Rainhard v . Hovey 585 ...
Page xxi
... Beale v . Thompson Beauchamp v . Powley Beaver , The 338 Bretherton v . Wood 422 , 426 , 440 , 401 524 , 591 27 , 626 514 Brickhead v . Archbishop of York 427 Section Section way Co. 193 251 Brien v . Bennett INDEX TO CASES CITED . xxi.
... Beale v . Thompson Beauchamp v . Powley Beaver , The 338 Bretherton v . Wood 422 , 426 , 440 , 401 524 , 591 27 , 626 514 Brickhead v . Archbishop of York 427 Section Section way Co. 193 251 Brien v . Bennett INDEX TO CASES CITED . xxi.
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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...