Wrongs and Rights of a Traveller: By Boat--by Stage--by Rail

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R. Carswell, 1875 - Carriers Canada - 208 pages
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Page 53 - ... it was held by the House of Lords (reversing the decision of the court below) that the train having come to a stand-still, the calling out the name of the place was an invitation to alight, and that the company's servants calling out afterwards
Page 178 - I AM monarch of all I survey, My right there is none to dispute ; From the centre all round to the sea I am lord of the fowl and the brute.
Page 93 - ... to be recovered by indictment, to the use of the executor or administrator of the deceased person, for the benefit of his widow and heirs...
Page 74 - Due care" however undoubtedly means, having reference to the nature of the contract to carry, a high degree of care, and casts on carriers the duty of exercising all vigilance to see that whatever is required for the safe conveyance of their passengers is in fit and proper order.
Page 2 - If he was going out of his way, against his master's implied commands, when driving on his master's business, he will make his master liable; but if he was going on a frolic of his own, without being at all on his master's business, the master will not be liable.
Page 62 - What!" " Can't you hear ? I say thirty or forty pounds.' " Well, I am very sorry for you. Did not you see the notice on the ticket that ' the company will not be responsible for any package exceeding the value of 10."' " Oh, but I did not read that." " The legal inference, however, is that you did read it, and did assent to it ; and so I am afraid that the company in case of a loss will not be liable as your goods exceed the prescribed...
Page 8 - At the same time we think we may safely assume that, in the term " accident" as so used, some violence, casualty, or vis major, is necessarily involved. We cannot think disease produced by the action of a known cause can be considered as accidental. Thus disease or death engendered by exposure to heat, cold, damp, the vicissitudes of climate, or atmospheric influences, cannot, we think, properly be said to be accidental ; unless at all events, the exposure is itself brought about by circumstances...
Page 131 - the coachman must have competent skill, and use that skill with diligence ; he must be well acquainted with the road he undertakes to drive ; he must be provided with steady horses, a coach and harness of sufficient strength, and properly made ; and also with lights by night. If there be the least failure in any one of these things, the duty of the coach proprietors is not fulfilled, and they are answerable for any injury or damage that happens.
Page 116 - A person who puts another in his place to do a class of acts in his absence necessarily leaves him to determine, according to the circumstances that arise, when an act of that class is to be done, and trusts him for the manner in which it is done ; and consequently he is held answerable for the wrong of the person so intrusted either in the manner of doing such an act, or in doing such an act under circumstances in which it ought not to have been done ; provided that what was done was done, not from...
Page 78 - In case any passenger on any railroad shall be injured while •on the platform of a car, or on any baggage, wood, or freight car, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train, such company shall not be liable for the injury; provided said company at the time furnished room inside its passenger cars sufficient for the proper accommodation of the passengers.

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