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 negligence.... Massachusetts Reports - Page 257by Massachusetts. Supreme Judicial Court - 1910Full view - About this book
| Electronic journals - 1915 - 544 pages
...from the United States Supreme Court's presentation of the case. "The limitation as to value has no tendency to exempt from liability for negligence....measure of care due to the value agreed on. . . . The compensation for carriage is based on that value. The shipper is estopped from saying that the value... | |
| John Cecil Altman - Public utilities - 1915 - 158 pages
...from the United States Supreme Court's presentation of the case« "The limitation as to value has no tendency to exempt from liability for negligence«...care. It exacts from the carrier the measure of care tue to the value agreed on The compensation for carriage is based on that value. The shipper is estopped... | |
| William Mack, William Benjamin Hale - Law - 1917 - 1284 pages
...ordinary care. It has. in effect, been said that such contracts do not induce a want of care, but exact from the carrier the measure of care due to the value agreed on. But would it not be a very dangerous rule which permits care to be measured by value? It would lead... | |
| United States - Law - 1918 - 1316 pages
...has no tendency to exempt from liability for negligence; that it does not induce want of care, but exacts from the carrier the measure of care due to the value agreed on and the carrier is bound to respond in that value for negligence. Exemption authorized by foreign law.-... | |
| La Salle Extension University - 1920 - 778 pages
...of protecting himself against extravagant and fanciful valuation. The limitation as to value has no tendency to exempt from liability for negligence....is estopped from saying that the value is greater. It is just and reasonable that snch a contract, fairly entered into, and where there is no deceit practiced... | |
| Law - 1921 - 1186 pages
...Cal. 156, § 50, infra. 40 LRA 350, 47 Pac. 874, 52 874 Such a limitation has, it has been said, no tendency to exempt from liability for negligence....carrier the measure of care due to the value agreed on and the carrier is bound to respond in that value for negligence.17 While it is true that the actual... | |
| Hugh Evander Willis - Bailments - 1923 - 1036 pages
...fanciful valuation." In the same case the learned justice further said: "The limitation as to value has no tendency to exempt from liability for negligence....greater. The articles have no greater value for the purpose of contract of transportation between the parties to that contract. * * * There is no violation... | |
| Law reports, digests, etc - 1910 - 1050 pages
...has no tendency to exempt from liability for negligence; that it does not induce want of care, but exacts from the carrier the measure of care due ,to the value agreed on, and the carrier is bound to respond in that value for negligence. "The compensation for carriage,"... | |
| United States. Supreme Court - Law reports, digests, etc - 1926 - 1260 pages
...servants, said (p. 340, L. ed. p. 721, Sup. Ct. Rep. p. 15« ) : "The limitation as to value has no in made that it was issued in consideration of the...therefor. And [312]said policy, besides the provisions hound to respond in that value for negligence. The compensation for carriage is based on that value.... | |
| Law - 1801 - 518 pages
...injury has occurred through the negligence of the carrier. * * * The limitation as to value has no tendency to exempt from liability for negligence....negligence. The co'mpensation for carriage Is based upon that value. The shipper is estopped from saying that the value to greater. The aiticles have no... | |
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