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

Framsida
Callaghan, 1891 - 1090 sidor
 

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Same subject No distinction made in these cases as to degree of neg
11
Carrier must furnish reasonable opportunity and facilities for getting
14
Undertaking to carry is a sufficient consideration
16
Same subject Other illustrations
22
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 subject Exceptional cases Gordon v Hutchinson
41
Same subject Further illustrations
47
Same subject Notice contained in receipt
50
Action Lies lie for refusal to carry
54
Warehousemen wharfingers and forwarders of freight are common
56
Watercraft railroads and express companies are chief carriers
62
DELIVERY BY EXPRESS COMPANIES
65
Same subject Their attempts to secure exemption
69
No carrier required to carry every kind of goods
75
CHAPTER IV
81
Same subject
87
Same subject Rule to be applied with caution
93
Same subject Implied acceptance
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
Same subject Remedy for wrongful refusal 1156
125
Variance in duplicate Shippers controls
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
CHAPTER V
164
Further of this rule
171
Implied power of agents to make contracts for through carriage 152a
179
Same subject
185
Tickets
193
Same subject Contract must be express 172
199
Same subject
206
Loss by wind
212
Same subject Cases holding contrary view
219
Burden of proof as to carriers contributory negligence 202a
225
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
CHAPTER VII
256
Rule permitting limitation of liability by contract of early origin
259
Early American cases
265
Mere notice not sufficient What constitutes special contract 238
273
Same subject
281
Same subject Effect of this limitation where loss caused by negli
289
Same subject Notices under English Carriers Act 253
296
May limit time within which claim shall be made
301
Same subject This rule the prevailing
308
Same subject Implied authority
314
Goods must be carried at and within time agreed upon
317
Same subject Particular exemptions not enlarged by general lan
320
Exceptions to liability in bills of lading of carriers by water 281
327
Same subject Carrier liable notwithstanding these exemptions
334
Same subject Illustrations
337
Same subject Must provide safe and suitable vehicles
340
Same subject Duty to furnish facilities to express companies
348
Same subject The English rule
356
Same subject Stowage on deck
362
Same subject Carrier held liable for damages from failure 311
368
Same subject Not excused by circumstances beyond his control 319
373
Same subject Care to be taken of live stock
379
Personal delivery excused at small stations 380 Personal delivery excused at small stations
381
Time within which goods must be carried
385
Same subject
387
Carrier must complete carriage when cause of delay removed 335
391
Same subject Right to recover goods delivered without payment 3920
393
Same subject How delivery made Degree of diligence required 343
401
Same subject Carrier not liable for innocent delivery to consignee
407
Same subject How when consigned to agent of carrier 849a
414
Carriers by water not required to make personal delivery
421
Necessity of notice may be waived by usage 366
427
DELIVERY BY RAILROADS AS CARRIERS
433
Same subject 398
465
Effect of garnishment or trustee process upon property in carriers
471
Who may exercise the right Agent Want of privity
478
802
481
What constitutes delivery
484
Right of action for goods taken from him or injured 425
493
Same subject Absolute necessity will justify
497
The degree of care and diligence required of passenger carriers
498
By what law the validity and effect of contracts governed 140
501
His liability for damages caused by dangerous goods 441
506
Same subject 446
512
Same subject Remedy against consignee not conclusive Consignee
518
Same subject The English rule 508
575
Same subject Same rule applies to bridges 512a
581
Duty as to stational facilities
588
Same subject Passenger not justified in incurring danger to avoid
594
Duty to keep roads vehicles etc in repair
600
Duty as to examination of vehicles and other apparatus
606
Same subject Extraordinary and unexpected demand will excuse
610
Their duty to accept as passengers those who offer themselves for car
615
Same subject
631
Same subject May be passenger though received in vehicle before
637
Same subject Duty to one not a passenger but lawfully on train
643
Same subject The rule stated
646
The contract to carry Tickets 568
650
Samne subject Ticket must be produced when called for Lost
656
No freight recoverable when ship captured by public enemy 467
659
Rule different in case of coupon tickets 577
662
Same subject Provision that coupon shall not be good if detached 580c
671
Same subject 540
672
Same subject But passenger is not without remedy 580k
683
Same subject
688
15
691
Same subject 142
692
Ejection of passenger for breach of regulations
694
Whether due care has been used is question of fact
705
Same subject The distinguishing test
712
Must carry to end of journey and give time to alight at usual stop
723
Same subject Effect of calling name of station
729
Awaking sleeping passenger 6176
735
Same subject 143
739
Passenger entitled to occupy only the berth he pays for 617
741
These regulations do not lessen liability of carrier for safety of pas
747
Carrier cannot sell goods for his charges 494
754
Of contributory negligence generally
755
Same subject English cases Dissent from earlier authorities 693a
758
Alighting from train while in motion
761
Same subject 14
764
Using means for entering or leaving not intended for that purpose 647a
767
Same subject How when car full
773
Exposure of person Passenger projecting limbs from car window 655
780
Same subject The true view
786
624
802
CHAPTER XIII
811
Same subject Various articles held baggage
819
Baggage not limited to articles to be used on journey 686
825
Same subject General result of American cases 694
835
Same subject Conclusions from the cases
841
Passenger need not accompany his baggage
847
Same subject
853
Liability for baggage when passenger is carried gratuitously 716
859
Hoymen bargemen lightermen canalboat men etc are common
863
Presumption that each of several connecting carriers received goods
864
Who may sue carrier for loss of or injury to goods
865
Same subject Even if plaintiff have no interest in goods or con
869
When consignee may
875
Same subject 541
878
First recognition of carriers contract obligation
881
Important to determine if declaration is in case or assumpsit 749
889
The carriers defense to the action 758
895
OF THE CARRIERS LIABILITY AND THE EXCEPTIONS THERETO
904
istinction between common carrier and carriers of passengers
906
7680
908
Right of consignee to refuse to receive injured goods 770d
914
565
915
The measure when carrier refuses to accept and carry the goods
924
CHAPTER XV
930
STATUTORY ACTIONS
936
Same subject
946
Extraterritorial effect of these statutes
952
Recovery must be for cause of action stated
958
0
968
THE EVIDENCE
969
Damages must be natural and proximate result of injury 809
978
On what theory allowed
987
Same subject
998
IN GENERAL
Same subject English cases Passengers contributory negligence 692
Passengers may be separated according to sex character etc Color
111
ENEMY
OF THE LIMITATION OF THE CARRIERS LIABILITY BY CON
459
651
460
629
Same subject Where one passenger may be ejected for misconduct
Liability for detention of passenger 608
203
809
Duty to stop trains for passengers at stations

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Sida 357 - 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...
Sida 357 - 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...
Sida 526 - ... 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...
Sida 477 - 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.
Sida 568 - 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.
Sida 286 - 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.
Sida 306 - 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.
Sida 253 - The charterer of any vessel, in case he shall man, victual, and navigate such vessel at his own expense, or by his own procurement...
Sida 595 - 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...
Sida 357 - ... 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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