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

Pirmais vāks
Callaghan, 1891 - 1090 lappuses

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CHAPTER I
3
Apportionment of diligence according to benefit
9
Same subjectNo distinction made in these cases as to degree of neg
10
Same subject
14
Same subject Further illustrations
20
Same subject Reckless exposure of own goods
23
Liability for loss by theft or robbery
29
Private carrier cannot become common carrier by contract
35
Vehicles carrying passengers usually liable as common carriers only
37
Same subjectThese exceptional cases not elsewhere followed
45
16
52
18
63
20
70
Owners and managers of passenger elevators
79
But not sufficient if agent not authorized to receive
81
Variance in duplicateShippers controls
82
Same subjectDuplicate receipts Goods deliverable only on pro
151
By what law the validity and effect of contracts governed
157
CHAPTER V
164
Who is a connecting carrierTransfer company
183
Same subjectCases holding carriers not jointly liable
189
Partnerships between corporations as carriers
195
Same subjectContract must be express
197
133
210
Same subjectCases holding contrary view
219
Burden of proof as to carriers contributory negligence
225
CARRIER NOT LIABLE FOR LOSSES FROM THE ACTS OF THE PUBLIC
233
VIIL EXCEPTIONS MADE BY STATUTE
253
Summary of
256
May limit time within which claim shall be made
257
133a
268
Same subject What includedIllustrations
328
CHAPTER VIII
336
Goods must be carried at and within time agreed upon
337
Same subjectDuty to furnish facilities to express companies
348
Same subjectThe English rule
356
Same subjectStowage on deck
362
Same subjectCarrier held liable for damages from failure
368
CHAPTER IX
394
Situation or condition of consignee immaterial
395
Yet claim upon him by adverse claimant is sufficient
396
Consignee must remove goods within reasonable time
425
At what wharf delivery shall be made
431
No freight recoverable when ship captured by public enemy
533
CHAPTER XI
556
Same subject Not liable for defect in road caused by unforeseen
557
Same subjectWho liable for fare Adult and child
558
Same subject Other cases uphold such contracts Free passes
559
Must carry to end of journey and give time to alight at usual stop
560
Duty of carriers to supply vehicles with necessary service and accom
586
Same subjectPassenger not justified in incurring danger to avoid
594
When the passenger may be ejected for improper conduct
624
Duty of the carrier to protect passengers
626
Same subjectDuty to persons coming to stations to assist passengers 553a
632
Same subject Injury while waiting but before purchase of ticket
638
Same subjectPayment of fare not necessary
644
580j
675
tion Conclusiveness of contract
687
saults by servants
706
Same subject The distinguishing test
712
Duty to stop trains for passengers at stations
718
Duty to furnish passengers with food and other necessaries
747
Same subject
748
Standing in cars
755
Questions discussed in this chapter
811
Implied authority of baggagemaster concerning baggage
826
Same subjectNor for any property in exclusive possession of pas
837
What is contract where baggage not accompanied by owner
843
Delivery of baggage
850
Strict liability preserved where carrier causes unreasonable delay
856
CHAPTER XIV
863
Presumption that each of several connecting carriers received goods
864
CHAPTER XV
930
Plaintiff must not needlessly aggravate injury 809c
931
Proof of the carriers negligence
960
Same subjectCases holding burden of disproving is on plaintiff
968
Sufferings must be real
978
308
981
Plaintiff cannot recover for injuries invited 809d
985
Same subject Cases authorizing such damages 815α
992
Same subject Evidence of authority on ratification 816
999
201
1001
520
Same subject The degree of care required
521a

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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.
570. 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...
597. 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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