Page images
PDF
EPUB

LAW

OF

NISI PRIUS,

EVIDENCE IN CIVIL ACTIONS,

AND ARBITRATION & AWARDS:

WITH

AN APPENDIX

OF

THE NEW RULES,

THE STATUTES OF SET-OFF, INTERPLEADER, & LIMITATION,
AND THE DECISIONS THEREON.

BY ARCHIBALD JOHN STEPHENS,

BARRISTER AT LAW.

IN THREE VOLUMES.

VOL. II.

LONDON:

LONGMAN, BROWN, GREEN, AND LONGMANS,

PATERNOSTER-ROW.

CARRIERS.

1. CARRIERS DEFINED, pp. 961-964.

Conveyance of goods for all persons for hire constitutes a carrier

a

-

Distinction between

private person undertaking the carriage of goods and a common carrier — Difference as to the degrees of care between a mandatary and a carrier · Persons usually denominated carriers Proprietors of mails and stage coaches Owners and masters of ships — Hackney coachmen · - Distinction between carriers and warehousemen Postmaster-general not a common carrier Postmaster and inferior officers responsible for personal negligence — Deputy postmaster liable for the non delivery of a letter - - Town carman not a common carrier.

2. GENERAL EXTENT OF LIABILITY, pp. 964-979.

[ocr errors]
[ocr errors]
[ocr errors]

Expression "Act of God" defined · The law presumes against carriers except such acts as could not happen by the intervention of human means — King's enemies Intermediate carriers An express declaration of the value of articles entrusted to a carrier must be given· - NEGLIGENCE- - Certain standard or degrees of care- Responsibility for gross neglect · Province of the jury to determine the question of gross negligence What is negligence Person not a common carrier agreeing to carry goods for hire— Carrier cannot absolve himself from responsibility when he has the means of observing the risk- CARRIERS BY WATER — STATUTORY RESTRICTIONS ON THE LIABILITY OF CARRIERS BY LAND- When carrier entitled and not entitled to the protection of stat. 11 Geo. 4, and 1 Will. 4. c. 68. Common law liability cannot be qualified by a public notice· Carrier can enter into a special contract· - Lookingglass within the meaning of stat. 11 Geo. 4. and 1 Will. 4. c. 68. -Judgment of Mr. Baron Bayley in Owen v. Burnett A receiving house within the foregoing statute Responsibility limited beyond the common law exception- Loss not occasioned by a neglect of the common and ordinary duty of defendant — Liability of wharfinger similar to that of a carrier STATUTORY RESTRICTIONS ON THE LIABILITY Stats. 7 Geo. 2. c. 15., 26 Geo. 3. c. 86., 53 Geo. 3.

[ocr errors]

OF CARRIERS BY WATER
c. 159., and 6 Geo. 4. c. 125.
LIABILITY FOR SERVANTS—

[merged small][ocr errors]

- RIGHTS AND LIABILITIES OF PARTNERS.

3. CONVEYANCE OF GOODS, pp. 979-982.

Duties of carriers are created by the possession of the goods — Liability of carrier for the safety of goods attaches immediately upon delivery - DELIVERY OF GOODS — Where, and to whom, carrier bound to deliver goods - What is and is not a delivery of goods to a carrier.

[merged small][merged small][merged small][ocr errors][ocr errors][merged small]

Distinction between a contract to carry goods and one to carry passengers ·
is implied when a coach is overturned· - Proper carriages must be provided — De-
fective construction Coach laden with passengers or luggage above its strength -
Competency and duties of coachmen · · Customary rules for driving · Proprietor
answerable for negligence of driver · Deviation from the road Driving with loose
reins, and not acquainting passengers of danger - RIGHTS AND LIABILITIES OF PAS-
Fure and lien upon luggage for its amount Passenger can refuse
going with an illegal number of passengers· - Passenger bound to be conveyed to the
termination of journey Periods for refreshment.

[blocks in formation]

Extent of carrier's lien — Carriers seeking to retain for a general balance ·
of particular individuals will release a carrier from responsibility - Carrier cannot
make one consignee pay freight for what was delivered to another Cannot question
the title of consignor Not justified in making a charge where no duty has been
performed.

« EelmineJätka »