A Treatise on the Law of Carriers: As Administered in the Courts of the United States and England

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Callaghan, 1891 - 1090 lappuses

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Vehicles carrying passengers usually liable as common carriers only
37
Same subject
39
Same subject The rule in England
42
Same subject Other cases illustrating general rule
48
Regular trips or fixed termini not necessary
54
Same subject Peculiarities of their business
67
Owners of canal and ferryboats may show that they are not common
74
Bridge canal and turnpike companies
80
But not sufficient if agent not authorized to receive
81
258
85
Same subject
87
Same subject Rule to be applied with caution
93
carriers
95
Same subject
99
When liability of first carrier terminates
106
Agreement between carriers not binding on owner
112
Of the carriers duty to accept goods offered for carriage
119
Variance in duplicate Shippers controls
121
THE BILL OF LADING
125
Bills of lading are both receipts and contracts
127
Same subject 1256
135
Same subject Statutes making them negotiable 129a
142
Same subject Directions to notify certain person do not dispense
148
Same subject Not when goods become property of consignee on
154
The rule of Muschamps Case 146
166
Liability beyond terminus may be excluded by contract 1496
174
No distinction in this respect between corporations and other carriers 153
180
Same subject Actual partnership not necessary 160
186
Same subject
192
Same subject
198
Same subject
201
CARRIER NOT LIABLE FOR LOSSES ARISING FROM ACTS OF THE PUBLIC
226
Who are public enemies Mobs rioters strikers thieves pirates 205
227
CARRIER NOT LIABLE FOR LOSSES FROM THE ACTS OF THE PUBLIC
233
Difference in liability based on inherent nature 218
239
Carrier of animals is common carrier and not special agent of owner 222
248
Rule permitting limitation of liability by contract of early origin
256
May limit time within which claim shall be made
257
Considerations leading to English Land Carriers Acts 230
262
Carrier may limit liability by special contract 237
268
Form and nature of contract Writing not necessary Evidence
275
Same subject 247α
281
Extent to which liability may be limited 249
289
Same subject Notices under English Carriers Act 253
296
Same subject Implied authority
314
Same subject Particular exemptions not enlarged by general lan
320
Exceptions to liability in bills of lading of carriers by water
326
General nature of carriers duty
336
Goods must be carried at and within time agreed upon
337
Same subject Exposed cars
343
Same subjectThe Express Cases in the United States supreme
350
Same subject The English rule
356
Same subjectStowage on deck
362
By what law the validity and effect of contracts governed 140
375
Same subject The rule stated 169
381
How far carrier responsible for unavoidable delay
387
Right of owner to terminate carriage short of destination
393
CHAPTER VI
394
Situation or condition of consignee immaterial
395
Same subject
400
Same subject 142
404
Same subject Carrier not liable where wrong delivery induced
414
Carriers by water not required to make personal delivery
421
OF THE CARRIERS LIABILITY AND THE EXCEPTIONS THERETO
425
Necessity of notice may be waived by usage
427
goods
428
DELIVERY BY RAILROADS AS CARRIERS
433
to person not consignee
437
Express companies required to make personal delivery
448
Duty as to C O D goods
454
Consignees right to change place of delivery
461
Same subject Process must be issued against owner
468
IN GENERAL
473
Yet claim upon him by adverse claimant is sufficient
475
Right not defeated by attachment or garnishment by creditors of con
481
Same subjectDamage from other goods stowed in hold
485
VIIL CARRIERS RIGHT TO A RECEIPT ON DELIVERY
487
Effect of garnishment or trustee process upon property in carriers
491
Right of carrier to recover possession of goods from owner
493
Same subject Absolute necessity will justify
497
Same subject Liability for not discovering defect
528
Same subject Payment of freight in such cases
530
Same subject Liable for their negligence imprudence or incompe
534
When delivery deemed complete
535
Same subject
540
What charges lien protects
541
Lien may be waived by terms of payment
545
Same subject Lien exists where goods received from one clothed
552
Duty as to means of conveyance
556
Ejection of passengers for misconduct
557
Same subject Who liable for fare Adult and child
558
Passenger must conform to reasonable regulations of the carrier
560
OF PASSENGER CARRIERS GENERALLY
561
ENEMY
564
Same subject Liability for latent defects 506
573
Same subject 511
579
Liability of railroad company for acts of lessees etc 5156
585
THE LIABILITY OF THE CARRIER AS AFFECTED BY THE CON
588
Same subject Liability for not lighting stations 518
591
Same subject Extraordinary and unexpected demand will excuse
610
Same subject Effect of calling name of station
616
When once accepted passenger not to be ejected except for miscon
622
Same subject
628
553
631
Of contributory negligence generally
635
Same subject May be passenger though received in vehicle before
637
Getting on train while in motion
641
Same subject Duty to one not a passenger but lawfully on train
643
Same subject
674
Same subject But passenger is not without remedy
683
587
691
Goods must be carried in usual manner or according to shippers
693
Duty of carrier to tender back fare received before ejection
697
Whether due care has been used is question of fact
705
Same subject The distinguishing test
712
Person making contract with carrier may sue
723
Same subject Liability for indecent assaults of servants on female
725
Contract need not be in writing to enable shipper to sue upon it
729
Same subject Where sale is void consignor should sue
735
Same subject 143
739
The action in case several and not joint
741
When action should be upon the contract
747
Same subject Duty in respect of women and children 632
751
Same subject Variance between declaration and proof is fatal
753
645
754
How far negligence excused by directions of carrier or his servants
755
rections
792
CHAPTER XIII
811
Same subject Various articles held baggage
819
Baggage not limited to articles to be used on journey
825
Same subject English cases Dissent from earlier authorities
832
Same subject Handbag dropped out of car window
838
Passenger and baggage passing over different routes
845
What is unreasonable delay
851
Connecting carriers Limiting liability
857
The time at which the carrier must commence and complete
858
CHAPTER XIV
863
Presumption that each of several connecting carriers received goods
864
Mode or place of delivery may be established by usage
875
Same subject Whole contract must be stated 754
890
THE EVIDENCE
896
TRACT
920
775
927
Same subject 144
931
Husbands right of action
933
Statutory right of action in case of death Lord Campbells
936
Same subject
946
Extraterritorial effect of these statutes
952
Recovery must be for cause of action stated
958
Same subject Cases holding burden of disproving is on plaintiff
968
Same subject
983
Plaintiff cannot recover for injuries invited
985
Same subject Cases authorizing such damages
992
Same subject
998
Who may sue carrier for loss of or injury to goods
1002
Duty and liability of carrier when adverse claim is set
1005
Ferrymen are common carriers when
The obligation to carry in the manner provided in the contract
Liability for detention of passenger
Duty to stop trains for passengers at stations

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359. lappuse - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
359. lappuse - Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
528. lappuse - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
479. lappuse - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
568. lappuse - When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence.
288. 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.
308. 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.
255. lappuse - The charterer of any vessel, in case he shall man, victual, and navigate such vessel at his own expense, or by his own procurement...
595. lappuse - But in the approaches to the cars, such as platforms, halls, stairways, and the like, a less degree of care is required; and for the reason that the consequences of a neglect of the highest skill and care which human foresight...
359. lappuse - ... persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is...

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