A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water
Arno Press, 1851 - 791 pages
This 1849 treatise demonstrates the eforts of legal writers to free the transportation industry from rules developed in a pre-commercial society.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
accident action aforesaid agent amount answerable ante appeared applied arising authority baggage bailee Bank bill of lading boat bound brought carriage carry cause charge circumstances cited coach collision common carrier Common Law Company consequence considered consignee contract course Court damage defendant delivered delivery directed driver duty employed entitled evidence express fact fire freight give given ground happened held hire horse injury insurer Judge jury liable lien limit Lord loss lost master means nature Navigation neglect negligence notice obligation occasioned opinion ordinary owner paid particular party pass passengers Penn person plaintiff port present principle proper proprietors proved question Railroad reasonable received recover refused respect responsibility reward rule safely says servant ship steamboat Story on Bailm sufficient taken thing tion tort transportation undertaking unless usage usual vessel voyage Wend York
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 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 680 - 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.