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

Framsida
Callaghan, 1891 - 1090 sidor
 

Så tycker andra - Skriv en recension

Vi kunde inte hitta några recensioner.

Innehåll

References are to sections
26
587
26
438a
26
Power of company to regulate admission to stations and depots
11
473a
12
349c
14
443
17
588
444a
5
References are to sections
7
Duty of carrier to protect passenger
9
696
Common carrier not usually agent of owner of goods
3
Duty to keep roads vehicles etc in repair
4
negligence 497
6
Same subject No distinction made in these cases as to degree of neg
10
OF CARRIERS WITHOUT HIRE AND PRIVATE CARRIERS
14
Same subject Other illustrations
22
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
Vehicles carrying passengers usually liable as common carriers only
37
Same subject Exceptional cases Gordon v Hutchinson
41
Same subject Further illustrations
47
Carriage inust be for hire
54
Owners of steamboats and canalboats are common carriers
63
Same subject Doctrine of the case stated
64
Same subject
69
Illustrations
75
Same subject The rule stated
77
CHAPTER IV
81
But not sufficient if agent not authorized to receive
86
Same subject Limitations on rule
92
Same subject Delivery to railroads and express companies
98
Checking etc not necessary
104
Agreement between carriers not binding on owner
111
Carrier cannot become warehouseman of the goods while in transit
121
Bills of lading are both receipts and contracts
127
Same subject
135
Same subject Statutes making them negotiable
142
Same subject Protection of third person paying draft for consignees
152
Same subject Remedy for wrongful refusal
158
Passenger must conform to reasonable regulations of the carrier
164
Liability beyond terminus of carriers line must be based on contract 145a
166
Must give notice of arrival at stations
168
Liability beyond terminus may be excluded by contract
173
Same subject
174
Implied power of agents to make contracts for through carriage 152a
179
No receipt bill of lading etc necessary
181
Same subject
185
Tickets
193
Same subject Duty to avoid injury
194
dence of diligence
197
Same subject Carrier liable notwithstanding exemption if loss
198
Loss by wind
212
Burden of proof
225
163
226
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
Duty as to road when provided by themselves
250
Same subject
256
Rule permitting limitation of liability by contract of early origin
259
Early American cases
265
Form and nature of contract Writing not necessary Evidence
275
May limit time within which claim shall be made
301
OF THE CARRIERS DUTY AS TO THE TRANSPORTATION OF
303
270
315
Şame subject
319
In general 291
337
Same subject Exposed cars 295
343
Same subject The Express Cases in the United States supreme
350
Same subject Parol agreement acted upon not limited by subse
353
Same subject The English rule 803
356
Same subject Cases holding carriers not jointly liable
360
Same subject Stowage on deck 305
362
Same subject Carrier held liable for damages from failure 311
368
221
373
Preferences may be given to perishable goods already received
383
Same subject Circumstances may make delay a duty
389
DELIVERY BY CARRIERS BY WATER
394
Same subject
395
Carriers by water not required to make personal delivery
421
be liable
427
DELIVERY BY RAILROADS AS CARRIERS
433
Whether railroad company bound to notify consignee of arrival
458
398
465
common carrier
474
Transfer of bill of lading to bona fide holder defeats rights
480
Course to be pursued by carrier for his own protection
486
Same subject Shipper cannot be required to insure for carriers
494
Same subject Absolute necessity will justify
497
The degree of care and diligence required of passenger carriers
498
222
499
His right to know the character of goods and contents of packages
504
sation
508
Same subject
512
Same subject Remedy against consignee not conclusive Consignee
518
Same subject Acceptance of proceeds of sale made without con
524
Same subject Payment of freight in such cases
530
Right to freight where the goods are carried contrary to the wishes
533
Carrier has lien for freight
540
Carrier responsible for safety of his means of conveyance 505
573
Powers of agents of carriers to bind them by contract
575
Same subject 511
579
lloymen bargemen lightermen canalboat men etc are common
580
Liability of railroad company for acts of lessees etc 5156
585
Ferrymen are common carriers when
586
train
591
Same subject Implied authority
611
76
615
Duty and liability as to carrying prisoners
618
445
621
Same subject Where one passenger may be ejected for misconduct
624
551
629
Same subject
631
Mode or place of delivery may be established by usage
632
Same subject Passenger by mistake on wrong train is not a tres
635
Same subjectDuty of protection does not depend on contract alone
641
Fare and its payment
647
The contract to carry Tickets
650
Same subject Ticket must be produced when called for Lost
656
Rule different in case of coupon tickets
662
112
663
113
671
Same subject But passenger is not without remedy
683
Contracts limiting liability must be construed strictly against carrier
690
Right to eject must be exercised in proper manner
697
The treatment of the passenger
706
Same subject The distinguishing test
712
223
731
617k
741
Statutes limiting carriers liability
742
Duty to furnish passengers with food and other necessaries
747
646
754
How far negligence excused by directions of carrier or his servants 6610
755
Same subject What will excuse attempt
760
Same subject Effect of carriers acquiescence or directions
766
Voluntarily riding on platform while train in motion
772
Riding in stockcar
778
Same subject
781
243a
782
167
783
Same subject Extent of protrusion when material
785
Same subject When negligence will be imputed to children
799
Sunday traveling
805
CHAPTER XIII
811
115a
814
Same subject Construction of specific terms not altered to release
818
Same subject Various articles held baggage
819
Baggage not limited to articles to be used on journey
825
Same subject Conclusion from last decision
832
Same subject Handbag dropped out of car window
838
Baggage accompanied by a person representing the owner
845
What is unreasonable delay
852
Liability for baggage when passenger is carried gratuitously
859
Same subject
869
When consignee may
875
Partnerships between corporations as carriers
876
First recognition of carriers contract obligation
882
Same subject Variance between declaration and proof is fatal
890
Effect of garnishment or trustee process upon property in carriers
897
Presumption that each of several connecting carriers received goods
898
1
903
By what law contract is to be
904
Rule that burden of proof is on carrier to show no negligence 766
908
Right of consignee to refuse to receive injured goods 770d
914
The measure when carrier refuses to accept and carry the goods
924
In general
930
benefit
951
1
956
OF THE LIMITATION OF THE CARRIERS LIABILITY BY CON
957
When the fact of the injury is prima facie evidence of negligence
962
681a
963
Goods usually shipped under contract limiting liability
968
Sufferings must be real
978
Plaintiff must not needlessly aggravate injury O 809C
984
Same subject Case holding carrier liable 814a
990
When carrier may disprove wrongful intent 818
999
247a
1006
Same subject English cases Question of delivery to carrier
1
riers
OF THE CARRIERS LIABILITY AND THE EXCEPTIONS THERETO
Extent to which liability may be limited
Exceptions to liability in bills of lading of carriers by water
319b
His authority to sell the goods
447α
488
Crossing tracks to reach or leave cars
340
Utility of this classification
What the plaintiff must prove
The liability of the carrier by
6536
544
Who may sue carrier for loss of or injury to goods
Distinction between common carrier and carriers of passengers
15
Liability for detention of passenger
660a
Duty to stop trains for passengers at stations

Andra upplagor - Visa alla

Vanliga ord och fraser

Populära avsnitt

Sida 349 - 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...
Sida 349 - 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...
Sida 518 - ... 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...
Sida 469 - 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.
Sida 560 - 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.
Sida 278 - 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.
Sida 298 - 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.
Sida 245 - The charterer of any vessel, in case he shall man, victual, and navigate such vessel at his own expense, or by his own procurement...
Sida 587 - 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...
Sida 349 - ... 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...

Bibliografisk information