A Treatise on the Law of Carriers: As Administered in the Courts of the United States and England

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Callaghan, 1891 - 1090 halaman
 

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588
8
CHAPTER I
3
Negligence in one bailee not necessarily so in another
9
Who deemed to be 16
15
Degree of negligence which creates liability Instances 24
21
Same subject Reckless exposure of own goods
23
Liability for loss by theft or robbery
29
Private carrier cannot become common carrier by contract
35
Same subject Exceptional cases Gordon v Hutchinson
41
Same subject Further illustrations
47
Action litsi lie for refusal to carry 570
54
Proprietors of local land vehicles are common carriers
59
Railroad receivers trustees etc are common carriers 6741
66
Special circumstances under which carrier will not be deemed to be
73
Logdriving companies not common carriers 816
79
But not sufficient if agent not authorized to receive
86
Same subject Limitations on rule
92
Same subject Implied acceptance
99
When liability of first carrier terminates
106
Same subject Illustrations
112
Of the carriers duty to accept goods offered for carriage
119
Bills of lading are both receipts and contracts
127
Same subject Remedy for wrongful refusal
135
Same subject Statutes making them negotiable
142
Same subject Directions to notify certain person do not dispense
148
Same subject Not when goods become property of consignee on
154
OF CONNECTING CARRIERS
164
Further of this rule
171
Implied power of agents to make contracts for through carriage 152a
179
Same subject Contract must be express 172
199
Same subject No distinction made in these cases as to degree of neg
201
Same subject Prudence or mistaken judgment no excuse 181
207
Same subject 187
213
Same subject Cases holding contrary view 196
219
Burden of proof as to carriers contributory negligence 202a
225
Who are public enemies Mobs rioters strikers thieves pirates
227
CARRIER NOT LIABLE FOR LOSSES FROM THE ACTS OF THE PUBLIC
233
Difference in liability based on inherent nature
239
Carrier of animals is common carrier and not special agent of owner
248
THEREOF
253
Goods usually shipped under contract limiting liability
256
Considerations leading to English Land Carriers Acts
262
Carrier may limit liability by special contract
268
136
275
Same subject
281
Zame subject Effect of custom
287
Extent to which liability may be limited
289
Same subject Carrier liable notwithstanding these exemptions
290
Same subject Notices under English Carriers
296
Same subject The contrary view held in some states
308
Same subject Meaning of the term to forward or to be for
312
Contracts limiting liability must be construed strictly against carrier
319
Or though exemption from negligence sustained if loss occurred
325
CHAPTER VIII
326
Same subject Other perils Fire not included
331
In general 291
337
Same subject Exposed cars 295
343
Same subject The Express Cases in the United States supreme
350
437
353
Same subject The English rule 803
356
Same subject Stowage on deck 305
362
Same subject Carrier held liable for damages from failure 311
368
Same subject
371
Care to be taken of goods in case of delay or accident on the
379
Time within which goods must be carried
386
Same subject
392
Right to freight where the goods are carried contrary to the wishes
393
In general
398
Same subject Statutes controlling
399
Partnerships and associations between carriers
403
Same subject Carrier not liable for innocent delivery to consignee
407
Same subject How when consigned to agent of carrier 849a
414
Same subject
417
Same subject 356
420
Diligence required of carrier in giving notice to consignee 865
426
Not required to make personal delivery of goods Whether notice
433
By what law the validity and effect of contracts governed
437
Situation or condition of consignee immaterial
445
388
453
395
462
Same subject Process must be issued against owner
468
Carrier cannot of his own motion set up adverse title 405
474
Vendee must be insolvent What constitutes insolvency 413
480
Course to be pursued by carrier for his own protection O 422
487
438a
488
Effect of garnishment or trustee process upon property in carriers
491
When carrier subrogated to owners claim 427
493
Same subject Absolute necessity will justify
497
His right to know the character of goods and contents of packages
504
Same subject
512
Same subject Remedy against consignee not conclusive Consignee
518
Same subject Actual partnership not necessary
519
Same subject Acceptance of proceeds of sale made without con
524
Same subject Payment of freight in such cases
530
Carrier cannot sue for freight until goods are delivered
535
Where injury results from contributory negligence of another 513
584
Ferrymen are common carriers when
586
Same subject
588
Same subject Liability for not lighting stations
590
Power of company to regulate admission to stations and depots
599
Same subject 551
606
Same subject
607
Same subject Extraordinary and unexpected demand will excuse
610
Same subject
614
Same subject Other cases uphold such contracts Free passes
617
115a
618
When once accepted passenger not to be ejected except for miscon
622
Same subject
623
Same subjectDuty to persons coming to stations to assist passengers 553a
632
1156
637
Same subject Injury to passenger on platform by objects thrown
638
Same subject Payment of fare not necessary 565
644
246
646
Same subject Cases holding carriers not jointly liable
648
Same subject Who liable for fare Adult and child 5670
650
Same subject Ticket must be produced when called for Lost
656
Rule different in case of coupon tickets 577
662
Same subject Provision that coupon shall not be good if detached 580c
670
Same subject
674
Same subject But passenger is not without remedy 580
683
Same subject Conclusion from last decision
693
163
694
594
705
Same subject Not liable for assault by servant not acting in line
711
Same subject
713
Liability for detention of passenger
717
167
723
Same subject Effect of calling name of station
729
Awaking sleeping passenger
735
Passenger entitled to occupy only the berth he pays
741
These regulations do not lessen liability of carrier for safety of pas
747
Of contributory negligence generally
755
Same subject English cases Dissent from earlier authorities 693a
758
Alighting from train while in motion
761
Same subject
764
Using means for entering or leaving not intended for that purpose 647a
767
Same subject How when car full
773
Exposure of person Passenger projecting limbs from car window 655
780
Same subject The true view
786
Same subject When negligence will be imputed to children
799
Same subject The rule stated
800
Sunday traveling
805
CHAPTER VI
811
Same subject Various articles held baggage
819
Baggage not limited to articles to be used on journey
825
Same subject General result of American cases 694
835
Same subject Conclusions from the cases 700
841
Passenger need not accompany his baggage 704
847
Same subject 710a
853
Liability for baggage when passenger is carried gratuitously 716
859
Presumption that each of several connecting carriers received goods
864
Who may sue carrier for loss of or injury to goods 720
865
arrival necessary
867
Person making contract with carrier may
869
When consignee may
875
First recognition of carriers contract obligation
882
Important to determine if declaration is in case or assumpsit
889
What is sufficient averment of an overcharge at common
895
OF THE CARRIERS LIABILITY AND THE EXCEPTIONS THERETO
904
247a
906
768a
908
Right of consignee to refuse to receive injured goods
914
The measure when carrier refuses to accept and carry the goods
924
CHAPTER XV
930
Same subject Similar acts in the United States
938
250
942
Same subject
946
Extraterritorial effect of these statutes
952
Recovery must be for cause of action stated
958
251
963
801
965
544
966
THE EVIDENCE
969
Future damages may be considered
971
Sufferings must be real
978
Same subject
983
Plaintiff must not needlessly aggravate injury
984
546
988
What the plaintiff must prove
1002
252
2776
447a
8036
Crossing tracks to reach or leave cars
756c
OF DELIVERY BY THE CARRIER
252a
759
IN GENERAL
809

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Halaman 359 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Halaman 359 - Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Halaman 528 - ... but 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...
Halaman 479 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Halaman 570 - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
Halaman 288 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for Opinion of the Court. negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Halaman 308 - His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents ; often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Halaman 255 - The charterer of any vessel, in case he shall man, victual, and navigate such vessel at his own expense, or by his own procurement...
Halaman 597 - But in the approaches to the cars, such as platforms, halls, stairways, and the like, a less degree of care is required; and for the reason that the consequences of a neglect of the highest skill and care which human foresight...
Halaman 359 - ... persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is...

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