The Law of Loss and Damage Claims: Including the Cummins Amendment, Bill of Lading Act, Twenty-Eight Hour Law, and Standard Claim Forms

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Traffic Law Book Company, 1916 - 365 sidor
 

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Sida 193 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Sida 313 - Where a negotiable bill has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient surety to be approved by the court...
Sida 319 - If, however, a negotiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu...
Sida 316 - A creditor whose debtor is the owner of a negotiable bill shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such bill, or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.
Sida 317 - That a person to whom an order bill has been duly negotiated acquires thereby — a. Such title to the goods as the person negotiating the bill to him had or had ability to convey to a purchaser in good faith for value...
Sida 57 - ... should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Sida 306 - An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission...
Sida 320 - Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding $5,000, or both. Sec. 42. First, That in this Act, unless the context of subject matter otherwise requires — "Action" includes counterclaim, set-off, and suit in equity.
Sida 195 - States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission; and any such limitation, without respect to the manner or form in which it is sought to be made is declared to be unlawful and void...
Sida 194 - Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.

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