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. |
From inside the book
Results 1-5 of 100
Page 24
... liable for other kinds of negligence . § 21. The rule as to responsibility for gross negligence in a depositary , it is evident from what has been offered , will apply to a mandatary , or a carrier without hire . The liability of both ...
... liable for other kinds of negligence . § 21. The rule as to responsibility for gross negligence in a depositary , it is evident from what has been offered , will apply to a mandatary , or a carrier without hire . The liability of both ...
Page 26
... liable for slight negligence , and Sir William Jones and Mr. Justice Story maintaining , that a borrower is liable for slight negligence , and a hirer only for gross negligence . There is no test to which these difficulties are to be ...
... liable for slight negligence , and Sir William Jones and Mr. Justice Story maintaining , that a borrower is liable for slight negligence , and a hirer only for gross negligence . There is no test to which these difficulties are to be ...
Page 39
... liable to an action . The surgeon would also be liable for such negligence , if he undertook gratis to attend a sick person , because his situation implies skill in surgery . But if the patient applies to a man of different employment ...
... liable to an action . The surgeon would also be liable for such negligence , if he undertook gratis to attend a sick person , because his situation implies skill in surgery . But if the patient applies to a man of different employment ...
Page 40
... liable for ordinary negligence , although the law would otherwise hold him liable only for gross negli gence . Upon this ground , proceeds the learned writer to say , Southcote's case may , perhaps , be maintained to be good law , and ...
... liable for ordinary negligence , although the law would otherwise hold him liable only for gross negli gence . Upon this ground , proceeds the learned writer to say , Southcote's case may , perhaps , be maintained to be good law , and ...
Page 57
... liable , if ordinary dili- gence had been used ; " so that it was for the omission of this diligence , ( which is the definition already given of ordi- nary neglect , 1 ) that made them liable.2 § 55. In Smith v . Horne , 3 a parcel had ...
... liable , if ordinary dili- gence had been used ; " so that it was for the omission of this diligence , ( which is the definition already given of ordi- nary neglect , 1 ) that made them liable.2 § 55. In Smith v . Horne , 3 a parcel had ...
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 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...