A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, 1. sējums

Robert Hutchinson

Callaghan, 1906 - 2350 lappuses

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Carriers duty as to management of vehicles containing live stock 639	lxxix

OF BAILMENTS AND CARRIERS GENERALLY	1

Same subjectLimitations as to time within which ticket is good	2

The treatment of the passenger	3

Same subjectSale must be made where market and competition	4

Distinction between common carrier and carrier of passengers 890	5

Negligence in one bailee not necessarily so in another	7

Are subject to general rules regulating other carriers 1147	10

Same subjectNo distinction made in these cases as to degree	252

Liability beyond terminus may be excluded by contract 233	255

Section three is more comprehensive than section two 552	258

Same subject 239	261

The liability of the carrier by law	265

Same subjectMeaning of the term to forward or to be for	267

Same subject	271

Same subjectCases holding carriers jointly liable 252	273

Gratuitous passenger	11

But may be agent in cases of emergency	13

Same subjectRight to recover goods delivered without payment 730	14

Presumption that carriage is gratuitous	20

Degree of negligence which creates liabilityInstances	22

Requisites of declaration against private carrier	27

Same subjectInland vessels subject to same rules as carriers	28

Private carrier may contract for nonliability	34

Must undertake to carry by customary means and route	39

CHAPTER III	40

Livery stable keepers are not common carriers	41

Same subjectImplied obligations cannot be varied by parol 168	42

Negligent delay by carrier ordinarily no excuse to shipper for refus	44

Same subjectThe rule in England	46

Duty of carrier in general to avert injury to goods transported 645	54

Measure of damages for conversion of the goodsMitigation	55

Hoymen bargemen lightermen canalboatmen etc are common	60

Duty of master to provide for safety health and comfort of passen	64

Construction of clauses reserving leave to tow and assist other	65

51	67

Proprietors of local land vehicles are common carriers	68

Railroad receivers trustees etc are common carriers	75

Whether standing in car is contributory negligence 1216	78

Same subjectMassachusetts rule as to merchandise 1252	78

Transfer of bill of lading to bona fide holder defeats rights 762	80

Special circumstances under which carrier not deemed to be com	81

Power of the owner of the goods to change their destinationLia	83

Reasonableness of state rates should be determined by a study	85

Same subjectIllustrations	87

Passenger carriers not common carriers of persons	93

Same subjectRiding on freight trains engines handcars etc 1000	95

Rule different in case of coupon tickets 1048	96

Same subjectMust allow passengers reasonable time to enter	96

Same subjectEffect of subsequent parol agreement 170	99

Carrier not liable if loss occurs through misconstruction of bill	100

THE FORM OF ACTION	101

The delivery must be complete	102

Entitled to freight though the goods have become worthless if they	108

Same subjectWhen liability begins	109

Same subjectNew York rule as to the responsibility of the car	110

Same subjectRule to be applied with caution	115

THE LIABILITY OF THE CARRIER AS AFFECTED BY THE CON	118

Same subjectExpress companies	121

The effect of garnishment or trustee process upon the property	125

Delivery to ferrymen when complete	128

Duty of first carrier to effect delivery to succeeding carrier	129

Carriers by water not required to make personal delivery 687	133

Same subjectIllustrations	135

OF THE CARRIERS LIABILITY AND THE EXCEPTIONS THERE	138

Same subjectCases holding delivery complete	145

Same subject	151

Duty to accept passenger	152

Same subjectWhen one passenger may be ejected for misconduct	157

Remedy for wrongful refusal	158

Same subjectAs receipts not conclusive	164

Leaving or entering train elsewhere than on platform where	169

Effect of recitals as to amount or quantity of goods received	171

Duty of the carrier to protect the passenger 980	172

Terms of bill of lading cannot be varied by parol	178

Same subjectHow when goods shipped under parol contract	182

OF THE RIGHTS OF THE CARRIER	186

COMMONLAW ACTIONS	188

Same subjectStatutes making them negotiable	190

Same subjectCarriers duty to ascertain if bill of lading issued 180	196

Last duty of carrier is delivery 662	197

Same subjectPledge of bill of lading to shippers orderTime	202

Same subjectDuplicate receiptsGoods delivered only on produc	208

Same subjectThese exceptional cases not elsewhere followed	212

Same subjectStatutes controlling 198	214

The rights arising out of the contract must be created by law 200	215

Traveling on Sunday 1232	216

Duty of sleepingcar company to furnish berth 1139	218

Same subjectWho to be deemed the owner 721	219

OF ACTIONS AGAINST COMMON CARRIERS	220

Rights created by foreign law should be enforced elsewhereEx	221

Statutory right of action in case of death 1384	225

IN GENERAL	227

Presumption exists that that law applies which is most favorable	228

Enforcement of limitation valid at place of contract valid	234

OF CONNECTING CARRIERS	239

English rule denied in majority of states	245

Same subjectPassenger not justified in incurring danger to avoid	247

Same subjectContinues to be passenger though temporarily	248

Contributory negligence usually a question of fact 1174	249

Same subject	277

Owners right of action how affectedExtent of carriers recovery 780	281

The duty of the carrier as to C O D goods 726	282

Loss by earthquake	283

Carrier protected if loss caused by public authority 324	287

Effect of cesser clause 854	288

Same subjectOr if he negligently exposes the goods to danger	292

Same subject	298

Same subject 253	305

How made in general 664	306

Same subject	311

Same subjectNot liable for not guarding against accidents	318

Same subjectWhat elements must exist 1015	320

Act of God will not excuse carrier if carrier has wrongfully	325

Same subject 747	328

Same subject 254	330

Same subject	331

The amount of compensation for the carriage 804	332

Same subject 255	336

Same subjectIllustrations	338

Riding in baggage or mailcar 1200	339

Care to be taken of live stock 634	341

Same subject	344

To what vessels and property Harter Act applies	347

Their duty to accept as passengers those who offer themselves	349

Same subjectCases holding contrary view	351

Responsibility for such stowage rests on the carrier alone	353

owner 341	357

Proper stowage at commencement of voyage may be made improper	359

CHAPTER XIII	360

Who may sue under these statutes 1389	361

Statute similar to Harter Act enacted in Great Britain in 1900 346	365

Origin of goods immaterial under section three 554	367

The test of seaworthiness	379

The evidence	384

Water and steam pipes etc	385

Due diligence in manning vessel	391

Dangers of the sea	396

Same subjectParol modificationsSigning by one partyEffect	401

Same subjectRule in Michigan 1349	402

Goods usually shipped under contracts limiting liability 388	403

Same subjectCases holding carriers not jointly liable 256	406

Action in case is several and not joint 1325	407

Construction of act	409

Carrier may limit liability by special contract	415

Contract with carrier may be either express or implied 1350	418

Mere notice is not sufficientWhat constitutes special contract 406	421

Form and nature of the contractNeed not be in writingEvi	427

Regulation of carrier may be waived by usageAuthority of	429

Same subjectStatutory requirements 413	430

Damages for delay in transporting articles intended for use	434

Same subjectParol agreement acted upon cannot be limited by	436

Same subjectHow when train does not stop at passengers des	440

Contracts limiting the amount of damages recoverable 425	442

Proof of the carriers negligence 1411	445

Same subjectExecution of contracts limiting recovery to agreed	450

Notice contained in receipt that unless informed of value of goods	456

Same subjectHow under English Land Carriers Act 436	462

Same subjectNotice from course of dealing 441	466

What the declaration must allege 1334	468

Same subjectCarrier may waive benefit of such conditions 444	473

A rate though reasonable should not tend to create a monopoly 587	478

Where liability is limited by contract burden of proof is upon	479

Same subjectSuch protrusions held negligence 1210	482

Same subjectThis rule the prevailing one 453	487

At what place passenger may be ejected 1082	488

Same subjectCarrier responsible to passenger for negligence	492

Same subject 458	493

Through rate may be less than sum of locals 595	498

What will be construed as a contract exempting from liability	500

Discrimination in coal car distribution under section three 557	501

Carrier in the selection of vehicles must guard against the exigencies	502

STOPPAGE IN TRANSITU	506

Same subject 467	507

How where shipper selects the vehicles himself	508

By what law contract is to be construed 474	513

Same subjectDuty to furnish facilities to express companies with	514

Contract must have a fair construction 476	515

Delay not a conversion of the goodsNor loss through mere non	517

Giving preference to one shipper over another 520	520

Same subjectPerils of the sea etc not synonymous with act	521

Same subjectHow common carrier compares with innkeeper 58	526

Same subjectHow question determined 490	527

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accept act of God aff'g affirmed agent baggage bailee bailment Bank Barb bill of lading boat cargo carriage carry citing Hutchinson common car common carrier common law Conn connecting carrier consignee cotton court custody damage defendant delivered delivery destination diligence duty Exch exemption freight held liable hire Hutchinson on Carr injury Insurance Iowa Law Rep liable for losses limitation Mass Minn Misc N. Y. Supp negligence notice Ohio St owner parties passengers Penn Pennsylvania Co person plaintiff private carrier public enemy Rail Railroad Co railroad company Railway Railway Co reasonable receipt received REFERENCES responsibility reversing rier road rule S. W. Rep SECTIONS ship shipment shipper Smith Steamboat Steamship stipulation succeeding carrier supra Tenn tion transportation U. S. App undertaking vessel Wend

Populāri fragmenti

358. lappuse - ... to exercise due diligence, properly equip, man. provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided.

Iekļauts 199 grāmatās, sākot no 1835. līdz 2006.

355. lappuse - The liability of the owner of any vessel, for any embezzlement, loss, or destruction, by any person, of any property, goods, or merchandise, shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity, or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.

Iekļauts 368 grāmatās, sākot no 1832. līdz 2006.

442. lappuse - 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.

Iekļauts 71 grāmatās, sākot no 1852. līdz 1977.

42. lappuse - To bring a person within the description of a common carrier, he must exercise it as a public employment ; he must undertake to carry goods for persons generally ; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.

Iekļauts 133 grāmatās, sākot no 1803. līdz 2001.

482. lappuse - But the proposition to allow a public carrier to abandon altogether his obligations to the public, and to stipulate for exemptions that are unreasonable and improper, amounting to an abdication of the essential duties of his employment, would never have been entertained by the sages of the law.

Iekļauts 43 grāmatās, sākot no 1843. līdz 1987.

481. lappuse - 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.

Iekļauts 90 grāmatās, sākot no 1843. līdz 1998.

42. lappuse - common carrier" has, therefore, been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him from place to place.

Iekļauts 190 grāmatās, sākot no 1831. līdz 2008.

304. lappuse - But we think the real answer to the objection is, that no wrong-doer can be allowed to apportion or qualify his own wrong; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.

Iekļauts 69 grāmatās, sākot no 1830. līdz 1987.

356. lappuse - ... shall in no case exceed the amount or value of the interest of such owner or owners respectively, in such ship or vessel, and her freight then pending.

Iekļauts 79 grāmatās, sākot no 1832. līdz 1995.

51. lappuse - Moore, at page 22, vol. 1, defines a common carrier as one who "holds himself out as such to the world ; that he undertakes generally and for all persons indifferently to carry goods and deliver them for hire; and that his public profession of his employment be such that, if he refuse, without some just ground, to carry goods for anyone, in the course of his employment and for a reasonable and customary price, he will be liable to an action.

Iekļauts 46 grāmatās, sākot no 1871. līdz 1994.

Bibliogrāfiskā informācija

Nosaukums	A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, 1. sējums A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, William Frederick Dickinson
Autors	Robert Hutchinson
Redaktori	Jacob Scott Matthews, William Frederick Dickinson
Izdevums:	3
Izdevējs	Callaghan, 1906
Apjoms	2350 lappuses

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