Handbook on the Law of Bailments and Carriers

Pirmais vāks
West Publishing Company, 1914 - 852 lappuses

No grāmatas satura

Saturs

Bailment of Personalty Only
20
Delivery 2122
21
Acceptance 2225
22
What Title Bailor Must Have
25
Interest of Bailor and Bailee in the Bailed Goods 2628
26
Estoppel of Bailee to Deny Bailors Title 2830
28
Bailor Must Not Expose Bailee to Danger without Warning 3132
31
Care to be Exercised by the Bailee 3236
32
Presumption of Negligence from Loss or Injury 3639
36
Bailee Must Act in Good Faith 3940
39
Redelivery of Bailed Goods by the Bailee 4043
40
Termination of the Bailment 4446
44
CHAPTER III
47
DOB BAILM vii
49
Nature of the Relation 5152
51
Absence of Compensation to Bailee 5357
53
Rights and Duties of the Parties
58
Liability for Nonfeasance and Misfeasance 6062
60
Use of Bailed Chattels by Bailee
62
Degree of Care to be Exercised by the Bailee 6570
65
Termination of Bailment 7175
71
Redelivery of the Bailed Goods 7576
75
CHAPTER IV
77
Nature of the Relation 7980
79
Rights and Duties of the Parties
81
Fraud in Procuring the Loan
82
Use of Bailed Chattels by the Bailee 8384
83
Interest of the Bailee 8586
85
Right of Bailor and Bailee to Bring Suit 8687
86
Degree of Care to be Exercised by the Bailee 8891
88
Termination of the Bailment 9194
91
CHAPTER V
96
Locatio or HiringIn General 9899
98
Nature of the Relation 99103
99
Locatio Rei or the Hired Use of a Thing 103104
103
Use of Bailed Chattels by the Bailee 104112
104
Interest of the BaileeRight to Bring Suit 112113
112
Assignability of Bailees Interest 114115
114
Bailors Warranty of Title or Interest 115116
115
Liability for Injuries to Third Persons 116117
116
Expenses about the Bailed Chattels 117118
117
Degree of Care to be Exercised by the Bailee 118122
118
Liability of Bailee for Acts of his Agents or Servants 122124
122
Compensation of the Bailor 124126
124
Termination of the Bailment 126128
126
Redelivery of the Bailed Goods
128
CHAPTER VI
129
Rights and Duties of the PartiesIn General 131132
131
Performance of the Agreed Services by the Bailee 132133
132
Interest of the BaileeRight to Bring Suit 133134
133
Compensation of the Bailee 134143
134
92
141
Expenses of the Bailment
143
The Degree of Care to be Exercised by the Bailee 154158
154
Delegation of the Services by the Bailee to a Third Person 158159
158
Specific Bailments 159170
159
Wharfingers 165166
165
SafeDeposit Companies 166168
166
Factors or Commission Merchants 168169
168
Officers Charged with the Custody of Public Funds 169170
169
Termination of the Bailment
171
Redelivery of the Bailed Goods
172
CHAPTER VII
173
The Nature of the Relation 179183
179
The Title of the Pledgor 183185
183
What May be Pledged 185188
185
Delivery 188197
188
Rights and Duties of the Pledgor 197203
197
Rights and Duties of the Pledgee as Affected by Pledgors De fault
203
Rights and Duties of the Pledgee Before DefaultAssignability of the Pledgees Interest
204
Relative Title Acquired by the Pledgee 205214
205
Special Property of Pledgee in Pledged GoodsRight to Bring Suit 214215
214
Right to Use the Pledged Goods 215216
215
Profits of the Thing Pledged 216217
216
Expenses About the Thing Pledged 218219
218
Degree of Care Required of the Pledgee 219222
219
Redelivery of the Pledged Goods 222225
222
Rights and Duties of the Pledgee After DefaultIn General 225226
225
Holding the Pledged Goods 226227
226
Suit on the Debt or Engagement Secured 227229
227
101
289
The Termination of the Relation
295
Common Carriers of Goods
301
CHAPTER X
312
in Advance
319
Agent
320
Liability for Loss of or Damage to the Goods 324341
324
Liability as Affected by the Carriers Negligence 341347
341
Burden of Proof 347350
347
Carriers of Live Stock 350356
350
The Harter Act as to Carriers by WaterLimited Liability Act 356358
356
Carriers Liability for Deviation and DelayDeviation 358360
358
Delay 360365
360
CHAPTER XI
366
Method of Limiting Liability 369372
369
Notice of the Carriers Regulations 372373
372
Form of the Contract 374380
374
Consideration of the Contract 380383
380
Construction of the Contract 383388
383
Burden of Proof 388390
388
Validity of Specific StipulationsStipulations Relieving Car rier of Liability Save for Negligence 391393
391
Stipulations Seeking to Relieve the Carrier from Liability for Negligence 393395
393
Stipulations Limiting Liability as to Amount Recoverable In the Absence of the Carriers Negligence 395396
395
Carrier NegligentAmount Fixed Without Regard to the Value of the Goods 396397
396
Agreed Valuation of the Goods 397404
397
Limitations as to Time and Manner of Presenting Claims 404408
404
Statutory Regulation of Contracts Limiting Carriers Liability 408411
408
CHAPTER XII
412
Acceptance by the Carrier 414418
414
Evidence of Delivery and Acceptance 418419
418
Termination of the Common Carriers LiabilityIn General 419420
419
Delivery to Consignee 420421
420
Delivery to the Proper Person 421424
421
Delivery at a Proper Time
424
Delivery in a Proper Manner 431436
431
Delivery to a Connecting Carrier 436452
436
Excuses for Nondelivery by the Carrier 452457
452
CHAPTER XIII
458
Discrimination in the Carriers Charges 467473
467
The Carriers Lien 473483
473
CHAPTER XIV
484
Postmasters and Other Officials 485488
485
Contractors for Carrying the Mails 489491
489
CHAPTER XV
492
The Parties 493501
493
The Form of Action 501504
501
The Pleadings 504505
504
The Evidence 506507
506
The Measure of DamagesIn General 507508
507
Actions for Carriers Refusal to Accept and Transport the Goods 508510
508
Actions for Total Loss or Nondelivery of the Goods
510
Actions for Injury to the Goods 511512
511
Actions for Delay in Transportation or Delivery of the Goods 512513
512
Special Damages 514516
514
PART THREE CARRIERS OF PASSENGERS CHAPTER XVI
517
Sleeping Car Companies 520526
520
Who are Passengers 526536
526
Termination of the RelationIn General
537
CHAPTER XVIII
561
Duty to Furnish Equal Accommodations to Passengers
567
Liability of Carrier for Injuries to PassengersAnalysis
573
181
580
183
590
185
596
Presumption and Burden of Proof as to Negligence
607
Liability of the Carrier to Persons Other than Passengers 616619
616
The Right to Compensation
623
Wrong Ticket Given to Passenger by the Carrier
629
Section Page
635
What is Baggage 642649
642
Liability of Carrier for Merchandise Shipped as Baggage 649651
649
Passengers Custody of the Baggage 657662
657
CHAPTER XXI
663
The Evidence
670
Exemplary or Punitive Damages 679681
679
SUPPLEMENT
685
THE EMPLOYERS LIABILITY ACTS
695
INDEX
775
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Populāri fragmenti

686. lappuse - That every common carrier subject to the provisions of this Act shall file with the Commission created by this Act and print and keep open to public inspection schedules showing all the rates, fares, and charges for transportation between different points on its own route...
664. lappuse - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
694. lappuse - The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States.
606. lappuse - There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant that the accident arose from want of care.

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