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

Robert Hutchinson

Callaghan, 1882 - 767 sidor

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liability of common carrier distinguished from that of other	4

degrees of diligence defined	10

carriers without hire who	16

Section	20

carrier without hire not liable for loss by robbery except in case	23

right to compensation in some form essential to constitute com	24

loss of bailors goods without loss of his own similarly exposed	30

less numerous than formerly	36

to the fault of the manufacturer	411

when regarded as in transitu	416

tions	418

may sell goods in case of emergency	432

must communicate with owner when practicable	438

entitled to freight only on goods delivered	444

person not employee of carrier lawfully in conveyance entitled	453

Section Page 572 regulation requiring passenger to exhibit ticket when required reasonable 460	460

Section Page	41

character of vehicle and distance goods carried wholly immaterial	42

as also of liability of common carriers as now usually modified	43

this test not universal	49

54	56

proprietors of land vehicles of every kind who make it their busi	59

delivery to carrier must be complete before his liability begins	64

owner of ship usually common carrier	65

cannot escape liability as common carrier by assuming name	71

no carrier required to carry every kind of goods	77

but sufficient if for as early transportation as course of carriers	89

ships bill of lading	94

delivery to ship or vessel complete as soon as proper agent	95

Section	100

delivery to connecting carrier to complete transportation	102

no distinction in this respect between corporations and other car	116

bill of lading not necessary to render carrier liable as insurer	118

effect of as evidence of delivery of goods to carrier	123

Section	124

assignable but not negotiable	129

where consignee not prepared to pay for such goods immediately	134

otherwise when carrier holds as agent of consignee	135

carriers sometimes merely forwarders of goods beyond their	145

carrier may always contract for entire transportation	151

dations	157

partnership not necessary to create joint liability	160

partnerships between corporations as carriers	170

carrier takes risk of proper exercise of skill and judgment 140 141	183

objects of this	231

earlier opinions disapproved and law settled that carrier may limit	237

previous verbal agreements merged in bill of lading or receipt 195 196	244

may fix limited value upon property to be transported 201	250

power of agent of carrier to bind him by contract	267

must have fair construction	279

jettison rendered necessary by tempest ordinarily peril of the sea 229	286

must carry for all alike and cannot show preferences	297

Railway and Canal Traffic	303

agreeing to transport by land cannot transport by water 254 255	316

consignees right to inspect the goods	319

Page	323

preference may be given in forwarding perishable goods already	327

peril	331

agreed upon	333

delay will not be excused when caused by carrier or his ser	334

requisites to good delivery	340

may demand reasonable time to investigate and if in doubt insti	343

bailment to carrier ordinarily confers no power to sell and sale	349

no possible circumstances of fraud imposition or mistake will	350

delivery by carrier by water need not be personal	357

goods must be properly separated and designated for use	361

Section Page 452 when consignee agent of owner of goods liable for freight unless fact of agency disclosed	366

railway companies not required to make personal delivery	367

freight pro rata itineris 368 369	370

no freight due where transportation of goods to place of destina tion has become impossible 371373	373

necessity of notice as affected by usage	375

duty of carrier as to transhipment when completion of voyage in original vessel becomes impossible	376

Shipton v Thornton commented upon 377	377

when master may bind owner of goods to pay increased freight	378

in case of capture owner loses goods carrier loses freight	379

when goods are carried contrary to wishes of owner	380

carriers cannot sue for freight till goods delivered	381

when shipper may recover freight paid in advance	382

carrier may recover damages in nature of demurrage from stranger 383	383

refusal to receive raises presumption that consignor is still owner	384

lien confined to charges and advances on particular goods 385	385

when delivery by carrier extinguishes lien	387

receiving such goods bound to strict compliance with instruc	390

CHAPTER X	398

233	402

duty and liability of carrier when adverse claim is set up to	404

must use every precaution to ensure safety of passenger reason	405

how this right exercised	410

regulation requiring passenger to surrender ticket in exchange for check reasonable	461

when journey to which ticket entitles is commenced it must be continued to its end	462

for what time good	463

contract for through transportation may nevertheless be shown	464

ticket not always expressing the entire contract it may be shown by other proof 465	465

passenger carrier cannot limit his liability by notice or regulation may by contract 466	466

if contract on ticket must be written or printed legibly and intel ligibly on its face	467

passenger must conform to reasonable regulations of carrier	470

passenger refusing to conform forfeits his right to further car riage 471	471

reasonable opportunity must be given passengers to conform 472473	472

right to eject must be exercised in a proper manner	473

when attempt to eject wrongful may resist to the utmost extent necessary to defeat it	474

treatment due passenger	475

exemplary damages in such cases	477

cases adopting principle that master is not liable for wilful tort of servant 478	478

difficulty not in ascertaining governing principle but in its appli cation 479	479

delivery of part of goods does not extinguish lien on remainder	480

the time at which carrier must commence transportation	481

until recently all actions against common carriers were brought	482

liable for false representations in	483

time to alight given	486

503	506

the case of Dale v Hall 1750 the first innovation upon this	507

weight of authority that so far as passenger is concerned carrier	512

and well lighted	518

duty as to roads when provided by themselves	524

sick and aged passengers	528

dependent upon surrounding circumstances	530

CHAPTER XII	534

685687 what is not baggage 542544	542

what constitutes baggage a question of law	544

701703 owner must be a passenger 554556	554

but need not accompany his baggage	556

So passenger carriers not common carriers as to persons carried	557

what regarded as reasonable time 558	558

should demand on day of arrival at destination 559	559

rule commented upon	560

liable for negligence of subsidiary carrier holding as warehouse man when contract was for through transportation	561

through contract as to passenger will be through contract as to baggage	562

baggage check	563

carriers lien upon baggage	564

CHAPTER XIII	565

general owner may sue	566

person making contract with the carrier may sue 567 568	567

even though the contract be not express and he have no interest in the goods	568

even where statute requires that action shall be brought in name of real party in interest	569

this rule in harmony with general principles	570

whenever carrier accepts goods from shipper under contract to carry express or implied a right of action for damages accrues to latter immediately u...	571

action in assumpsit	579

reasons for requiring certainty in pleading	586

conclusions of Simrall J in case of Railroad v Ragsdale 598601	598

Lord Campbells act right of recovery in case of death of party	605

only next of kin can recover damages	611

different rule in Iowa and Indiana	621

damages in case of maltreatment	626

carrier by water in absence of express contract must provide pas	627

carrier cannot be held liable for exemplary damages for miscon	632

THE LIABILITY OF THE CARRIER AS AFFECTED BY	635

postmasters mail contractors and carriers and telegraph compa	644

288 289	650

when concealment of value of goods by owner equivalent	652

presumption that consignee is owner of goods may be rebutted 364 365	655

for freight on whole consignment 387 388	657

90 91	662

inevitable accident no excuse for failure to carry within time	674

question as to burden of proof sometimes of the utmost import	678

carrier may eject passenger for refusing to comply with reasona	684

gross negligence knowingly to retain incompetent unfit or intem	726

593 594	727

619 620	732

621623	741

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Bibliografisk information

Titel	A Treatise on the Law of Carriers: As Administered in the Courts of the United States and England
Författare	Robert Hutchinson
Utgivare	Callaghan, 1882
Original från	University of Michigan
Digitaliserad	28 jun 2012
Längd	767 sidor

Exportera citat	BiBTeX EndNote RefMan

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