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action affirmed agent agreement appellant assumpsit authority baggage bailee bailment bank bill of lading bound carriage carry cause charge Chicago circumstances cited claim common carrier common law conductor consignee consignor corporation court damages decision defendant defendant's delivered delivery deposit diligence doctrine duty entitled error evidence express company fact fare fendant fraud freight gross negligence guest held hire horse injury innkeeper judge judgment jury liability lien loss Mass ment notice obligation opinion owner paid pany parties passenger person plaintiff plaintiff in error pledge principle public enemy purchaser question railroad company Railway reasonable receipt received recover refused rendered responsible rier road rule safe servants shipped shipper sleeping car special contract statute steamboat stipulation sustained telegraph company ticket tion tort train transportation trover verdict warehouse Wend Western Union York
Page 669 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result...
Page 711 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 250 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 11 - a delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods...
Page 407 - The carrier and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle or stand out and seek redress in the courts.
Page 328 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 652 - It is agreed between the sender of the following message and this company, that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 655 - Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the Company for transmission.
Page 538 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.
Page 248 - When one becomes a member of society, he necessarily parts •with some rights or privileges which, as an individual not affected by his relations to others, he might retain. " A body politic," as aptly defined in the preamble of the Constitution of Massachusetts, " is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.