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

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Callaghan, 1880 - 767 էջ
 

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private carrier may by express contract exonerate himself from liability for negligence 2526
25
his liability for injury to goods when subsequently lost without his fault
26
observance of due care and diligence general test of liability of private carrier for hire
27
but common carrier cannot by contract exonerate himself from liability for negligence of himself or agent
28
quære whether private carrier has lien on goods carried
29
CHAPTER II
30
effect of holding ones self out as common carrier
32
this test not universal
33
rule in Tennessee 34
34
contrary to general principle and in that state confined to carrier by water
35
elsewhere no such exception made and persons not holding them selves out as common carriers not liable as such 3638
36
principle further illustrated
38
express companies always common carriers
68
carrier not liable for wayside deposits
97
ΙΟΙ when responsibility of ferryman as common carrier begins
103
forwarders
111
may demand prepayment of freight
116
Section Page
120
Section
124
legal import of cannot be varied by parol
127
title to goods passes by indorsement and delivery of receipt 103 104
134
carriers sometimes merely forwarders of goods beyond their
145
not liable for losses occasioned by inherent vice of animal 165168
165
proprietors of land vehicles used exclusively for carriage of goods
170
222
176
Section Page 257 but carrier liable for full value of goods where loss occasioned by his negligence except in states where he can by contract pro tect ...
208
this distinction supported by decision under English Carriers Act
209
260264 whether carrier can provide by contract against liability for neg ligence 210214
210
power of agent to bind owner of goods to terms of limitation 214
214
duty of shipping agent to accept terms of carrier when not un reasonable 215
215
power of agent of carrier to bind him by contract 216
216
in England local or station agent may bind carrier beyond scope of his legal duties 217
217
public have right to assume that agent of carrier has authority to bind him by contracts in particular line of business in which they are employed
218
how the benefit of such contract can be claimed by connecting carriers
220
reasons for distinction 221
221
connecting carrier when agent of first carrier entitled to advan tage of contract made with him
222
general terms controlled by specific provisions 223
223
carrier protecting himself in receipt from liability for loss by rob bery responsible for loss by larceny
224
must have fair construction 225
225
2So carrier liable notwithstanding where loss result of negligence 226
226
exceptions to liability in bills of lading of carriers by water
227
what is embraced within 228
228
not synonymous with act of God
229
carrier relying upon as defense must show exercise of highest degree of skill and care
230
general rule for determining what are perils of the sea 231233
231
construction given
232
but not by notice
238
must carry for all alike and cannot show preferences
239
previous verbal agreements merged in biil of lading or receipt 195 196
244
but in case of negligence would be liable for full value unless
250
Section Page 324 liable for loss resulting from failure to use due care and diligence in preservation of goods
261
same rule applied to seagoing vessels
262
goods must be carried within reasonable time in absence of ex press contract
263
what is reasonable time how determined
264
when excused for 265267
265
delay sometimes a duty
267
obstructions and accidents excusing delay do not put an end to con tract of carriage
268
case iliustrating principle
269
CHAPTER VIII
271
requisites to good delivery 272
272
former rule
273
when personal delivery necessary and diligence to be used in seek ing consignee 274
274
liability of carrier for delivery to wrong person 275
275
carrier delivers to wrong person at his peril 276277
276
346349 same subject continued 278282
278
no possible circumstances of fraud imposition or mistake will excuse wrong delivery
282
cases discussed 284286
284
summary statement of law on question of wrong delivery
286
when relation of carrier ceases and that of ordinary bailee begins 287
287
delivery by carrier by water need not be personal
288
what losses carrier still liable for notwithstanding these excep
290
implied duty of master of seagoing vessel to store goods
304
railway companies not required to make personal
367
general observations touching necessity of notice to consignee
373
regulation requiring passenger to surrender ticket in exchange
375
express companies bound to make personal delivery
379
effect of holding goods by carrier at request of consignee 313
386
Section Page
389
202
394
CHAPTER X
398
must use every precaution to ensure safety of passenger reason
405
responsibility for defects in vehicles and machinery attributable
411
may sell goods in case of emergency
432
must communicate with owner when practicable
438
entitled to freight only on goods delivered
444
person not employee of carrier lawfully in conveyance entitled
453
362363
454
whether acceptance voluntary how determined in absence of
457
when journey to which ticket entitles is commenced it must
462
duty of carrier as to transhipment when completion of voyage
463
carriers cannot sue for freight till goods delivered
469
other cases in which carrier may
475
PASSENGER CARRIERS BY WATER
491
CHAPTER XI
502
when passenger may recover notwithstanding
508
when passenger cannot obtain seat in
514
must be at safe distance from track and otherwise in good
517
must be enforced without partiality
523
responsibility for not adopting useful improvements which
529
dorsee his agent
531
CHAPTER XII
534
685687 what is not baggage 542544
542
what constitutes baggage a question of law
544
701703 owner must be a passenger 554556
554
but need not accompany his baggage
556
7c6 passenger may lie over on route and permit baggage to proceed
557
what regarded as reasonable time 558
558
should demand on day of arrival at destination 559
559
rule commented upon
560
liable for negligence of subsidiary carrier holding as warehouse man when contract was for through transportation
561
through contract as to passenger will be through contract as to baggage
562
baggage check
563
carriers lien upon baggage
564
CHAPTER XIII
565
general owner may sue
566
person making contract with the carrier may sue 567
567
even though the contract be not express and he have no interest in the goods
568
even where statute requires that action shall be brought in name of real party in interest
569
this rule in harmony with general principles
570
whenever carrier accepts goods from shipper under contract to carry express or implied a right of action for damages accrues to latter immediately u...
571
until recently all actions against common carriers were brought
576
if contract on ticket must be written or printed legibly and intel
582
passenger must conform to reasonable regulations of carrier 470
588
contract with carrier may be either express or implied
590
whether due care has been used a question of fact
594
Section Page 808 suffering must be real 623
623
damages must have resulted from injury 624626
624
damages in case of maltreatment 626
626
exemplary or punitory damages against carrier
627
negligence or recklessness of carriers servants
628
effect of carriers approval or ratification of misconduct of ser vant 629630
629
maltreatment of passenger 630
630
ratification of misconduct of agent may be implied from subse quent conduct of principal towards him 631
631
carrier cannot be held liable for exemplary damages for miscon duct of servant unless servant would also be liable
632
negligence of passenger will not always protect carrrier from lia
637
So passenger carriers not common carriers as to persons carried
644
goods must be carried at and within time agreed upon
652
presumption that consignee is owner of goods may be rebutted 364 365
655
lien not lost by delivery procured by fraud or by promise to
667
responsibility for character of servants employed
680
carrier may eject rassenger for refusing to comply with reasona
684
lien has precedence of claim of general creditor or right of stop
694
gross negligence knowingly to retain incompetent unfit or intem
726
consequences
727

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