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 30
... party from the imputation of gross negligence , or what omission will amount to the charge , is necessarily a question of fact , depending upon a great variety of circumstances , which could not exactly be defined . See , also , Nelson ...
... party from the imputation of gross negligence , or what omission will amount to the charge , is necessarily a question of fact , depending upon a great variety of circumstances , which could not exactly be defined . See , also , Nelson ...
Page 36
... 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 40
... parties , either enlarging or qualifying , or limiting it , ( except for the protection of himself against fraud ; 1 ) ... party might have been held responsible , although he would not otherwise have been liable by the general law . This ...
... parties , either enlarging or qualifying , or limiting it , ( except for the protection of himself against fraud ; 1 ) ... party might have been held responsible , although he would not otherwise have been liable by the general law . This ...
Page 41
... party upon whom the burden of proof lies , in an action by the bailor against a gratuitous bailee for gross negligence , a regard must be had to the form of the action . Where a prima facie case of trover is made out at the trial , the ...
... party upon whom the burden of proof lies , in an action by the bailor against a gratuitous bailee for gross negligence , a regard must be had to the form of the action . Where a prima facie case of trover is made out at the trial , the ...
Page 44
... that the admissions of a party are evidence to the jury equally as well what makes in his favor as against him . See also Graves v . Ticknor , 6 New Hamp . R. 537 . the quo modo he lost it , when the bailor 44 [ CH . II . LAW OF CARRIERS .
... that the admissions of a party are evidence to the jury equally as well what makes in his favor as against him . See also Graves v . Ticknor , 6 New Hamp . R. 537 . the quo modo he lost it , when the bailor 44 [ CH . II . LAW OF CARRIERS .
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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...