Elements of the Law of Bailments and Carriers Including Pledge and Pawn and Innkeepers

Pirmais vāks
Callaghan, 1902 - 785 lappuses

No grāmatas satura

Saturs

Modifying or enlarging responsibility by contract
33
Bailees right to compensation and to a lien upon the property
39
Right of the bailor to compensation
45
LIABILITY OF THE BAILOR AND BAILEE WHEN THE BAILMENT
53
LIABILITY OF BAILOR AND BAILEE WHEN BAILMENT FOR
60
CHAPTER VIII
67
Bailee Good faith of Misuse of thing
75
Bailors right against third party against bailee 129
77
Contract relation 136
83
If the work is to be performed by the job and loss or injury occur
89
Generally the bailee may do the work by an agent or servant 151
96
The lien of the bailee in locatio operis faciendi bailments 161
102
Lien by statute 164
109
LOCATIO CUSTODIE
111
Sale or bailment 175
117
At common law a warehouse receipt in a technical sense is not nego
126
Common carriers when warehousemen 182
135
Storagehouse keepers 190
141
Liability of bailee in custodia bailments 200
149
Does the burden of proof of negligence shift 205
155
Negligence of servants 208
161
Delivery misdelivery nondelivery 210
162
PART SECOND
169
Property not in existence or acquired 225
175
If property not delivered Pledge when good 238
187
PLEDGING NEGOTIABLE PAPER
191
CHAPTER III
200
The pledgee of stock by indorsement may transfer the title
210
Delivery by the pledgor
216
Bona fide holder from agent of owner or one having apparent title 260
224
Notes and mortgages and bonds and mortgages
230
Pledgor of valuable securities Notes bonds mortgages
236
As to notice of intention to redeem 282
242
May repledge 289
248
CHAPTER V
255
Foreclosure of the pledge of corporeal property 301
261
The utmost good faith demanded in the matter of the notice of sale 306
267
Rights remedies and liabilities of the pledgor and pledgee of negotia
272
Pledgee may recover in an action on the negotiable securities 317
278
Foreclosure of the pledge where stocks are held on margins 322
284
PART THIRD
291
The test 331
297
Personal presence of the guest 338
305
Limitations 344
311
When the pledgor is insolvent or a bankrupt
312
CHAPTER III
318
Liability and exceptions analyzed 351
324
By reason of the inherent nature of the property 357
331
If a boarder not a guest 364
338
Limiting liability 372
344
CHAPTER III
391
Actual notice of deposit of goods 433
397
Agents authorized to receive 438
401
Carrier not permitted to arbitrarily refuse to receive and ship 448
410
Duty to provide proper vehicles 457
416
Bill of lading as proof 462
422
Conclusiveness as to condition weight contents or value 464
429
WHEN THE LOSS OR INJURY IS CAUSED BY THE ACT OF
431
The act of God must be the conclusive and proximate cause 471
437
Contributory negligence 479
443
Animate freight 486
449
Statutes of United States with reference to duties of the carrier 490
456
Loss or injury occurring on deviated route Act of God or pub
459
Delay occasioned by deviation from route 497
466
When delay and deviation on account of strikes or riots 500
470
When the change deviation or delay from the stipulations in the con
479
Rule in different states as to limitation for negligence 511
485
Contract must be reasonable fair and without fraud 515
492
Contract limiting liability need not be in writing 518
498
The delivery 239
506
Representations of the shipper fraudulent or otherwise
512
Decisions of states not harmonious
520
Authority to make contract binding connecting carriers
527
CHAPTER X
534
Right of carrier to collect its advances to connecting carriers
544
The interstate commerce act
550
For what charges will the lien attach
558
CHAPTER XI
566
CARRIERS OF PASSENGERS
597
Drovers
606
Persons violating reasonable regulations
612
CHAPTER II
618
Imp ied obligation
628
Liability of carrier for abuse of passengers
631
Safe and sufficient means of transportation
634
LIABILITY GROWING OUT OF DUTY TO PASSENGER While in Transit
642
Tendering fare to avoid ejection
666
Same subject
674
May limit for negligence but not for gross negligence 662
683
BAGGAGE OR THE PASSENGERS EFFECTS
688
The owner of the baggage should be a passenger 678
698
What proofs should be adduced
702
The baggage of a steerage passenger 687
707
Defendants proofs
718
Actual exemplary punitive or vindictive damages 706
724
Failure to deliver and misdeliver 715
731
DAMAGES
737
Constructive or symbolical delivery 240
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Populāri fragmenti

550. lappuse - That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
550. lappuse - America in congress assembled, that the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management or arrangement, for a continuous carriage or shipment...
550. lappuse - railroad" as used in this Act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease ; and the term " transportation " shall include all instrumentalities of shipment or carriage.
552. lappuse - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
625. lappuse - To adopt appropriate legislation for correcting the effects of such prohibited State laws and State acts, and thus to render them effectually null, void, and innocuous.
21. lappuse - I said I could see no difference between negligence and gross negligence — that it was the same thing, with the addition of a vituperative epithet...
212. lappuse - And there is great reason and justice in this rule, for necessitous men are not, truly speaking, free men, but to answer a present exigency will submit to any terms that the crafty may impose upon them.
220. lappuse - It cannot be, therefore, that the statute which made them negotiable by indorsement and delivery, or negotiable in the same manner as bills of exchange and promissory notes are negotiable, intended to change totally their character, put them in all respects on the footing of instruments which are the representatives of money, and charge the negotiation of them with all the consequences which usually attend or follow the negotiation of bills and notes.
625. lappuse - It is state action of a particular character that is prohibited. Individual invasion of individual rights is not the subject matter of the amendment.
5. lappuse - Bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

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