Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign Law

Joseph Story

Little & Brown, 1843 - Bailments - 636 pages

Three clever billy goats outwit a big ugly troll that lives under the bridge they must cross on their way up the mountain.

Contents

• CHAPTER I: 1
• Definition of Bailments: 2
• Division of Bailments into three sorts: 3
• Deposit definition: 4
• Mandate definition: 5
• Gratuitous Loan for use definition: 6
• Pledge or Pawn definition: 7
• Hiring definition of and various sorts: 8
• Obligations of Bailee in different sorts of Bailments Difference of Legal and Moral Obligation: 9
• The same subject: 10
• Diligence three different degrees of Ordinary Diligence what: 11
• Standard of Diligence variable: 12
• And different in different Countries and Ages: 13
• Diligence affected by Customs and Usage of Trade and Business: 14
• And by Nature Bulk and Value of Articles: 15
• High or Great Diligence what is Low or Slight Diligence what: 16
• Degrees of Negligence Slight Ordinary and Gross: 17
• The like degrees in the Civil: 18
• Gross Negligence whether equivalent to Fraud: 19
• The same subject 20 a The same subject 20 b The same subject: 20
• The same subject: 21
• The same subject: 22
• Degree of Diligence required in different sorts of Bailments at the Common: 23
• And in the Civil: 24
• Bailees not generally liable for inevitable accident Irresistible force what: 25
• Robbery how far deemed Irresistible Force: 26
• Theft how far deemed Irresistible Force: 27
• Burglary how far Irresistible Force: 28
• Other cases of Casualties at the Common: 29
• And in the Civil: 30
• Exception in cases of Special Contract: 31
• Bailee cannot contract against his own Fraud: 32
• Responsibility of Bailee may be enlarged by Special Contract: 33
• So by the Civil: 34
• Effect of Special Contract to keep safely whether Bailee is liable for Robbery or Theft: 35
• Or in such case liable for Accidents: 36
• How far such a Bailee is liable by the Civil: 37
• Private Theft whether Presumptive of Fraud at the Common: 38
• The same subject: 39
• Confusion of Property by Bailee: 40
• Definition of Deposits: 41
• The same subject: 42
• From what the word is derived: 43
• Division of Deposits into Voluntary and Necessary 44 a Involuntary Deposits what: 44
• Another Division into Simple Deposits and Sequestrations: 45
• How far these Divisions are recognised at the Common: 46
• Difference between Deposit and Mutuum: 47
• Principles of the Contract arising from Natural: 48
• Divisions of the subject: 49
• By and between what persons the contract of Deposit may: 50
• What may be the Subjectmatter of a Deposit: 51
• What title Depositor must possess Secondary Bailments: 52
• Effect of Return of Deposit to owner: 53
• How and when an Accessorial thing passes with a Deposit: 54
• What is of the Essence of the Contract of Deposit Delivery of: 55
• The same subject: 56
• The same subject: 57
• The same subject The Contract must be voluntary and not by mis take: 59
• The same subject Examples: 60
• Obligations of Depositaries To keep with care and to restore on request: 61
• What is Keeping with reasonable Care required of Depositary: 62
• Whether sufficient for the Depositary to keep as he keeps his own goods: 63
• The same subject 64 a The same subject: 64
• The same subject Rules in the Civil Law 65 a The same subject: 65
• The same subject Rules in the Common: 66
• The same subject: 67
• Lord Cokes Doctrine on the same subject: 68
• Southcotes Case statement: 69
• The same subject: 70
• The same subject: 71
• An undertaking to keep not equivalent to undertaking to keep safely: 72
• Effect of undertaking to keep Deposit as Bailee keeps his own goods He is not liable for theft: 73
• Effect of undertaking to keep goods in a particular place: 74
• Effect of Concealment of Contents of Deposit: 75
• The same subject: 76
• Bonions Case 77 The same subject: 77
• The same subject General principle of the common: 78
• Presumption of due Diligence if Bailee keeps the Deposit as he keeps his own goods: 79
• Exceptions as to the general rule of Diligence 1 Special Contract 2 Officious Offer of Services: 80
• Whether an Officious Offer by Depositary changes the rule as to the Diligence required of: 81
• The same subject: 82
• Rule as to Diligence in cases of Necessary Deposits 83 a Involuntary Deposit Rights of Bailor and Bailee: 83
• Irregular Deposits what: 84
• Quasi Deposits by finding goods Responsibility of Finder 85 a Whether Finder is responsible for Gross Negligence: 85
• The same subject: 86
• The same subject: 87
• Bank DepositsGeneral and Special of the Bank: 88
• Use of Deposit how far Depositary may use: 89
• The same subjectat the Common: 90
• The same subject in the Civil: 91
• Bailm: 97
• Whether Bailee may restore to his Bailor notwithstanding an: 104
• What is to be done in cases of Adverse Claims by Different Per: 110
• Responsibility of Joint Depositaries: 116
• Restitution whether demandable before expiration of time of Deposit: 119
• Restitution what will excuse the Depositary or entitle him to Time to make Return Recovery by Title Paramount: 120
• Expenses of Depositary to be reimbursed whether he has a lien for 121 a Involuntary Deposits Expenses: 121
• Effect of unjustifiable Refusal to restore the Deposit Future Re sponsibility of Depositary: 122
• When Interest or Damages payable on account of Detention: 123
• Deposits of Goods attached on Process: 124
• Rights of the Attaching Officer in cases of Deposits on Attachments: 125
• When the Attaching Officer may demand the Deposit attached Ef fect of Judgment and Subsequent Attachment: 126
• The Attaching Officer may retake the goods attached from the pos session of the Debtor: 127
• Responsibility of the Attaching Officer to the Debtor: 128
• Rights of the Creditor in such cases of Attachment and Deposit: 129
• The Duties of the Attaching Officer what degree of Negligence will make liable: 130
• Who is to indemnify the Attaching Officer for his expenses in keep ing the Goods attached: 131
• The Rights and Duties of the Attaching Officers Bailee: 132
• Whether the Bailee has a Special Property in the Goods attached: 133
• Notice of the French Law in cases of Attachments and Sequestra tions: 134
• Effect of Attachment as to the Rights of the Owner of the Goods: 135
• Conclusion of the head of Deposits: 136
• Mandate Definition: 137
• Mandator definition of Mandatary Definition: 138
• Contract of Mandate recognised in Common: 139
• Distinction between a Deposit and a Mandate: 140
• Contract of Mandate at Common Law confined to Personal Property not so in Civil: 141
• What Agencies are deemed Mandates in the Civil: 142
• Nature and Character of the Contract of Mandate: 143
• What is of the Essence of a Mandate: 144
• The matter of the contract Acts in futuro: 145
• Certainty in regard to the object of the Mandate: 146
• The Act must be for the Benefit of the Mandator by Another as his Agent: 147
• It must be capable of being done: 148
• It must not concern the Interest of the Mandatary alone Joint In terest: 149
• The Mandatary has not a Special Property in the thing: 150
• How far the Act must be for the Benefit of the Mandator or a Third Person: 151
• Right of Mandatary to maintain an Action for a Wrong to the thing: 152
• The Contract must be gratuitous Difference between Counsel and Attorney: 153
• Expenses of Mandatary to be reimbursed: 154
• The Contract must be voluntary without mistake or fraud Distinc tion between Language of Advice and a Representation: 155
• Rules of the Common Law on this subject: 156
• The same subject: 157
• The Contract must not be illegal or against sound morals: 158
• Cases of Breach of Trust by Trustees and Guardians How Man dates affected: 159
• No particular form or ceremony to create a Mandate: 160
• The Contract of Mandate may be absolute or conditional temporary or permanent: 161
• Parties between whom the Contract may be made: 162
• Obligations of the Mandatary: 163
• Whether the Mandatary is legally bound to perform the act by: 164
• Civil Law 165 Whether he is so bound by the Common: 165
• The same subject: 166
• Reasons for the Common Law distinction between cases of Nonfea sance and Misfeasance: 167
• The same subject: 168
• The same subject: 169
• The same subject: 170
• The same subject 171 a Application of the Distinction 171 b The same subject 171 c The same subject 171 d The same subject: 171
• Cases of negligent execution of Mandate governed by the same rule as Misfeasance: 172
• What degree of Diligence the Mandatary is responsible for by the Civil Law 173 a The same subject: 173
• What degree by the Common: 174
• Whether there is any Distinction as to Degree of Diligence be tween cases of Mandates to do work and to carry goods: 175
• The same subject: 176
• The same subject: 177
• The same subject: 178
• The same subject: 179
• The same subject: 180
• The same subject: 181
• Opinion of Dr Paley 182 a Mandatary generally liable only for gross negligence: 182
• Presumption of Diligence if Mandatary keeps the goods as he keeps his: 183
• Illustrations of the doctrine: 184
• The same subject: 185
• Degree of Diligence to be proportional to Value of the Goods and Danger of Loss or Injury 186 a Case of a Bank what is negligence in Directors 18...: 186
• The Scottish Law on this subject: 187
• Misuser by Mandatary Violation of Trust effect: 188
• Quasi Contract of Negotiorum Gestor what 189 a Responsibility of Negotiorum Gestor 189 b The same subject: 189
• Illustrative Case at the Common: 190
• Account to be rendered by Mandatary how and when: 191
• What Deductions to be allowed to Mandatary: 192
• The Expenses and Disbursements of Mandatary to be allowed: 193
• The Increase and Profits of Mandate to be accounted: 194
• Joint Mandataries liable in solido: 195
• Obligations of Mandator: 196
• In relation to Expenses of Mandatary: 197
• In relation to Incidental Contracts of Mandatary: 198
• Contracts of Mandatary how far binding on Mandator: 199
• How far Mandator is bound to indemnify Mandatary for Expenses: 200
• Opinion of Dr Paley on this subject: 201
• How the Contract of Mandate is dissolved 1 By Act of the Party 2 By Death of Mandatary Case of Death of one Joint Manda tary: 202
• Death of Mandator when it dissolves the contract: 203
• Effect of Death in case of part execution: 204
• Difference of Civil and Common Law on this subject: 205
• When Contract dissolved by Change of state of the Parties as Mar riage Insanity: 206
• Revocation of Mandate by operation of: 207
• Revocation by the act of Mandator by the Civil Law when good: 208
• Revocation by the act of the Mandator by the Common Law when good: 209
• Countermand of Delivery to a Third Person when good: 210
• Bankruptcy of the Mandator a revocation by operation of: 211
• Burden of Proof on whom it lies in cases of Loss or Injury of Man date: 212
• The same subject: 213
• An anomalous case of Negotiorum Gestor: 214
• Exceptions from the general rule as to Diligence: 215
• Case of Mutuality of Interest Degree of Diligence required: 216
• Case of a Slave running away: 217
• Conclusion of the head of Mandates: 218
• Gratuitous Loans definition: 219
• The same subject: 220
• No English word exactly expresses the meaning of Commodatum: 221
• The use of the word Loan in this Treatise: 222
• What is of the essence of a Gratuitous Loan It must be Personal Property: 223
• It must be absolutely gratuitous: 224
• It must be for the use of the Borrower: 225
• Joint use of Lender and Borrower effect: 226
• Contract may be limited or conditional and during pleasure: 227
• The thing loaned to be returned Case of Mutuum: 228
• Between what persons the contract may be made: 229
• Whether the Lender need to be the absolute Proprietor: 230
• The Rights of the Borrower Use: 231
• Limitation of Right to: 232
• Illustration of the doctrine: 233
• When the Loan is personal: 234
• The same subject: 235
• The Obligations of the Borrower: 236
• Degree of Diligence required of the Borrower: 237
• The same subject: 238
• Degree of Diligence how varied Theft when Borrower responsi ble: 239
• Borrower not liable for accidents: 240
• Except when he is in default: 241
• Loss by Robbery when Borrower is responsible: 242
• Effect of Fraud and fraudulent Concealment: 243
• Losses by Accident in case of Ordinary or Extraordinary: 244
• In case of Fire whether Borrower may save his own Goods in pref erence: 245
• The same subject: 246
• The doctrine of Sir William Jones and Pothier doubted and dis cussed: 247
• The same subject: 248
• The same subject 249 a The same subject 249 b The same subject: 249
• The same subject: 250
• The same subject: 251
• Exceptions to the general rule of Diligence: 252
• Effect of Valuation of the Loan 253 a The same subject 253 b Diligence in case of a Precarium 253 c Diligence what is required by the Scottish: 253
• The Use to be made by the Borrower: 254
• The same subject: 255
• Expenses of Borrower by whom to be borne: 256
• The Restitution of the Loan how and when Rules of the Civil: 257
• Rules of the Common LawOf Revocation of Loan: 258
• Effect of Delay in Restitution: 259
• Accessorial things to be delivered back: 260
• Place of Restitution: 261
• To whom Restitution is to be made: 262
• Special Excuses for nonreturn: 263
• Borrower cannot detain for prior Debt: 264
• To whom Restitution is to be made: 265
• In case of Title by a Stranger: 266
• In case of Joint Loan: 267
• Condition in which the thing is to be returned: 268
• How far receiving the thing back affects Damages Right of action for Injuries: 269
• Obligations of the Lender: 270
• As to the Use of the thing How far Bailment revocable: 271
• Disturbance in use by a Stranger: 272
• Reimbursement of Expenses by Lender by the Civil: 273
• By the Common: 274
• Concealment of Defects by the Lender: 275
• Restitution of thing after paid for by Borrower: 276
• Revocation of Loan by act of the Party: 277
• Burthen of Proof on whom in case of Loss or Injury: 278
• Borrower has no Special Property in the Loan: 279
• But he has a Right of Action in certain cases 281 Comment on certain Positions in Rich v Aldred 6 Mod R 216: 280
• Fungibles in Scottish Law what: 284
• Conclusion of the head of Gratuitous Loans: 285
• Definition of a Pawn or Pledge: 286
• Distinction between a Pawn and a Mortgage: 287
• Hypothecation without Possession in what cases: 288
• The Essence of the Contract of Pawn or Pledge: 289
• It must be of Personal Property: 290
• How far the Pawner need be owner of the Pledge: 291
• Increase of Pledge whether subject to the Contract: 292
• What may not be pawned by the Civil and Common: 293
• Whether any Future Interest the proper subject of a Pawn: 294
• Limited Title of Pawnee: 295
• Pawn of Negotiable Instruments: 296
• Delivery of the Pawn Necessity of at Common: 297
• How far necessary by Civil and Foreign: 298
• Effect of Redelivery: 299
• For what Debts and Engagements a Pawn may be Security: 300
• Extent of the Security: 301
• Pawn Contract of between what persons 302 Rights of Pawnee Special Property: 302
• Whether Pawn may be retained for other Debts: 304
• Rule of the Civil Law on this subject: 305
• Expenses of Pawn 306 a The same subject: 306
• Special Property in Pawn how far by Civil and Foreign: 307
• Sale of Pawn: 308
• The same subject: 309
• The same subject: 310
• Distinction between Pawns and Liens in regard to Sale: 311
• Rights of Creditors on Proceeds of Sale: 312
• The same subject: 313
• Sale of Pawns when composed of Different Articles: 314
• Right of Pawnee to sue personally for the Debt: 315
• Whether Pawnee can be compelled to such Suit by the Civil: 316
• Effect of Stipulation prohibiting Sale: 317
• Right of Pawnee confined to Sale: 318
• Sale must be bonû fide: 319
• Whether a Pawnee is compelled to sell: 320
• Negotiable Securities in Pawn how disposed of Compromise with Debtor: 321
• Transfer of Pawn by Pawnee: 322
• Transfer of Negotiable Securities: 323
• Transfer by Pawnee in Pledge: 324
• Common Law Doctrine of Pledge by Factors in England: 325
• In America: 326
• Pledge by the Pawnee when good by the Common: 327
• When by the Civil: 328
• Use of the Pawn by Pawnee: 329
• The same subject: 330
• Use by the Civil: 331
• Duties of the Pawnee Diligence what Degree required: 332
• Whether Theft is presumptive evidence of Fraud: 333
• The same subject: 334
• The same subject: 335
• The same subject: 336
• The same subject: 337
• The same subject: 338
• Duty of Pawnee to return Pawn Onus Probandi in case of Loss: 339
• When Pawn may be delivered to original Owner if he is not: 340
• Effect of Refusal to return the Pawn: 341
• Liability of Pawnee for Acts of Omission as well as of Commission: 342
• Pawnee how and when to render an Account: 343
• Antichresis what in Civil Law Welsh Mortgage: 344
• Rights of Pawner Right of Redemption: 345
• Time of Payment Lapse of Time: 346
• Prescription and Statute of Limitations: 347
• Time to redeem when not fixed by the Parties: 348
• Effect of Sale before Offer of Redemption: 349
• Sale and Transfer by Pawner: 350
• Damage to Pawn: 351
• Pawnee has a Special Property Action for Damage by a Stranger: 352
• Pawns not seizable on Execution: 353
• Duties of Pawner Warranty of Title: 354
• Concealment of Defects of Pawn: 355
• Fraud by Pawner: 356
• Reimbursement of Expenses of Pawn: 357
• The same subject: 358
• Extinguishment of the Contract of Pawn: 359
• The same subject: 360
• The same Bailm: 361
• The same subject: 362
• The same subject Pawn perishing by Accident: 363
• The same subject Release: 364
• Common Law on this subject: 365
• Local Law of Massachusetts respecting Attachments by Pawner: 366
• Conclusion of the subject of Pawns CHAPTER VI: 367
• Contract of Hire LocatioConductio Definition: 368
• Parties Denomination of in Common Civil and Foreign: 369
• Division of Contract of Hire into four kinds 370 a Cases of regular Hire and irregular Hire what: 370
• Nature of the Contract: 371
• Essence of the Contract: 372
• The same subject What may be let 373 a The same subject Use by the Hirer: 373
• The same subject Price: 374
• The same subject: 375
• The same subject: 376
• The same subject Pecuniary Recompense: 377
• Obligations of the Contract of Hire: 378
• Illegal Contracts what: 379
• Between what Parties the Contract may: 380
• Consent: 381
• Mistake: 382
• Obligations and Duties in cases of Hire of Things: 383
• Delivery of the Thing 384 a The same subject: 384
• Obstruction to: 385
• Sale by the Letter: 386
• Warranty of Title: 387
• Repair of thing hired: 388
• subject Higher Security: 389
• Warranty against Defects 390 a The same subject: 390
• Concealment of Defects: 391
• In what cases the Servants also are responsible: 404
• When Part only of Hire: 417
• HIRE OF LABOR AND SERVICES: 419
• Obligations and Duties of the Employer: 425
• In what Cases the Workman is responsible for Skill as well: 431
• Loss by Casualty or Superior Force: 437
• AGISTERS of Cattle Rights and Responsibility: 443
• The same subject Delivery to keep the thing Custody must be gratuitous Delivery must be to a third person: 447
• The same subject: 448
• The same subject: 449
• Effect of Misdelivery: 450
• WHARFINGERS Rights and Responsibility: 451
• The same subject: 452
• When Responsibility of begins and ends: 453
• Onus Probandi on whom in cases of Hire of Custody: 454
• FACTORS AND BAILIFFS Rights and Responsibility: 455
• The same subject: 456
• Contract of Carriage of Goods general Nature: 457
• The Civil Law as to Carriers and others: 458
• The Common Law differs from the Civil: 459
• Enumeration of Excepted Cases from the Common Doctrine as to Hire: 460
• Origin of PostOffice Establishment: 461
• PostmasterGeneral how far responsible: 462
• DeputyPostmasters how far responsible: 463
• Reasons for the peculiar Liability of Innkeepers in the Civil: 464
• Extent of their Responsibility by the Civil: 465
• Innkeepers responsible for their Servants 466 a The same subject: 466
• The modern Jurisprudence of Continental Europe the same: 467
• Results of the Civil Law Doctrine on this subject 468 a The Responsibility of Innkeepers at Common Law for Theft 468 b The Modern Doctrine in Fr...: 468
• The Common Law derived from the Civil: 469
• What the Common Law is as to Innkeepers: 470
• Responsibility of Innkeepers generally: 472
• Robbery by the Servants of the Guest: 473
• General Divisions of the Rights and Duties of Innkeepers: 474
• Who are deemed Innkeepers: 475
• Rights and Duties of Innkeepers 476 a Liens of Innkeepers: 476
• Who are deemed Guests: 477
• Liability of Innkeepers: 478
• The same subject What a sufficient Delivery of Goods: 479
• The same subject: 480
• Liability for Deeds Bonds and Obligations lost: 481
• What will excuse an Innkeeper: 482
• The same subject Exclusive Possession by Guest: 483
• Effect of Choice of Place of Deposit by Guest: 484
• Statute Regulations in America respecting Inns: 485
• Case of a Gratuitous Guest: 486
• When Innkeeper is liable only as a Common Bailee: 487
• Liability of Common Carriers by the Civil: 488
• Liability by the Common: 489
• Reasons for Extraordinary Liability: 490
• The same subject 491 a Exceptions to the rule: 491
• General Liability of Carriers: 492
• Rule relaxed in England: 493
• Divisions of the subject: 494
• Who are Common Carriers: 495
• Common Carriers 1 by Land 2 by Water: 496
• Carriers by Water a Decision considered: 497
• Stage Proprietors whether Common Carriers: 498
• The same subject: 499
• The same subject: 500
• Ship Owners when deemed Common Carriers: 501
• Forwarding Merchants not Common Carriers: 502
• Nor Wharfingers: 503
• Case of Dale v Hall considered: 504
• Specific Price of Hire not material: 505
• Joint Carriers Liability: 506
• Carriers liable for the Acts of their Servants 507 a Carriers liable for Torts of Strangers: 507
• Duties and Obligations of Common Carriers: 508
• The same subject: 509
• Risks of Carriers at Common: 510
• What are Losses by Act of: 511
• What are Perils of the Sea 512 a The same subject: 512
• Destruction by Rats: 513
• Collision of Ships at: 514
• Proximate not Remote Cause of Loss looked: 515
• Losses by Perils of the Sea when Carriers liable: 516
• Illustrative Case: 517
• Comments on the same Case: 518
• Case of Injury by Steam Gross Negligence 519 a Loss by fraud at: 519
• Case of Loss by Striking on the Bottom whether a Peril of the: 520
• Loss by Press of Sail when a Peril of the: 521
• Loss by Impressment of Seamen: 522
• Loss by sudden Failure of Wind: 523
• Seaworthiness of Vessel what sufficient: 524
• Jettison a Peril of the: 525
• What are Losses by Kings Enemies: 526
• Jettison by Compulsion of an Enemy 528 In what cases Carriers are Liable though free from Negligence: 528
• Onus Probandi on whom: 529
• In respect to Property carried: 530
• Illustrative Case considered Goods thrown overboard: 531
• Commencement of the Risk of Common Carriers: 532
• Liability attaches from Time of Acceptance of Goods: 533
• Usage of Masters and Owners of Ships as Carriers: 534
• Case where the Carrier is also a WarehouseMan or Innkeeper: 535
• The same subject: 536
• Case where the Carrier is also a Forwarding Merchant: 537
• Termination of the Risk of Common Carriers: 538
• The same subject: 539
• The same subject: 540
• The same subject: 541
• The same subject: 542
• Whether the Carrier is bound to make a Personal Delivery of Goods to the Owner: 543
• Illustrative Case: 544
• American Decisions in respect to Goods transported Coastwise 545 a At what time goods to be delivered 545 b To whom delivery to be made 556 Ca...: 545
• Case of Kemp v Coughtry 11 Johns R 107: 548
• Operation of a Bill of LadingIn England In America: 550
• Special Contracts are either express or more often implied: 551
• Bill of Lading does not cover Seizure for Violation of Revenue Laws unless for Legal Cause of Forfeiture: 552
• Validity of Notices by Common Carriers: 553
• The same subject Chief Justice Bests Opinion Mr Bells: 554
• The same subject: 555
• Nature and Effect of Notices: 556
• Notice where brought home to the Parties the Effect: 557
• Upon whom Notices are Obligatory: 558
• Cases in which several Persons are Carriers as Partners: 559
• Notice a mere Nullity where not brought home to the Owner of Goods carried: 560
• Rights and Duties of each Party growing out of Notices: 561
• Carrier must employ Suitable Means of Conveyance: 562
• Owner of Goods bound to put them in a Fit Condition for Transpor tation: 563
• Other Rights and Duties of the Parties: 564
• Effect of Concealment or Fraud 565 a Case on the effect of concealment: 565
• Concealment of Value of Goods whether of itself fraudulent: 566
• Where there is no Notice Owner of Goods not bound to disclose their Value unless asked: 567
• Whether the same rule applies to cases of Notice Mr Justice Bests Opinion: 568
• Case where the Carrier knows the Goods are of Extraordinary Val ue though not paid for as such: 569
• Degree of Carriers Liability notwithstanding Notices: 570
• Whether Carrier is liable for Ordinary as well as Gross Negligence 571 a When Carrier not exempted by notices: 571
• What amounts to a Waiver of Notice: 572
• Onus Probandi as to Negligence on whom in cases of Notice: 573
• What will excuse a Nondelivery of Goods by a Common Carrier: 574
• The same subject: 575
• The same subject: 576
• Question in respect to the Carriage of Slaves 577 a Doctrine of the Roman Law as to Slave Passengers: 577
• Nondelivery excused by act of Shipper discharging the Carrier: 578
• Nondelivery excused by Illegal Act of Shipper: 579
• Effect of Stoppage in transitu: 580
• The same subject: 581
• Case where the Goods are demanded by a Person having a Superior Title 582 a Acceptance of Goods by Owner no bar to Action for Negligence: 582
• Doctrine of Average and Contribution: 583
• Land Carriers when entitied to Compensation of Expenses: 584
• PassengerCarriers on Land: 590
• Bound for the Acts of their Servants and Agents: 596
• The same subject: 602
• Four Varieties of Cases of Collision according to Lord Stowell: 608
• SPECIAL OR QUASI BAILEES FOR HIRE: 609
• Cases of Possession of Property by Captors by Revenue Officers by Prize Agents by Officers of Courts and by Salvors: 613
• When Captors are bound for Losses: 614
• To what Degree of Diligence Captors are bound: 615
• The same subject Lord Stowells Opinion: 616
• Case where Goods have been unlivered by Decree of Prize Court: 617
• Rules applicable to Goods seized by Revenue Officers: 618
• As to Prize Agents what Principles prevail: 619
• Officers of Court Degree of Diligence to which they are bound: 620
• Rule as to Receivers appointed by the Court 621 a Finders of Goods Responsibility: 621
• Salvors who are regarded as such: 622
• Salvors how far responsible: 623
• Loss of Salvage Property pending a Suit for Compensation by whom: 624
• to be borne 625 Conclusion: 625

Bibliographic information

• Title: Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign Law; Issues 10154-10161 of 19th-century legal treatises
• Author: Joseph Story
• Edition: 3
• Publisher: Little & Brown, 1843
• Original from: the New York Public Library
• Digitized: May 4, 2009
• Length: 636 pages