 By the nature of his contract, he is liable for all due care and diligence ; and for any negligence he is suable on his contract. But there is a further degree of responsiblity by the custom of the realm, that is, by the common law ; a carrier is in the...  Term Reports in the Court of King's Bench - Page 33by Great Britain. Court of King's Bench, Charles Durnford - 1817Full view - About this book
 | William Blackstone - Law - 1800 - 568 pages
...to any negligence on the part of the carrier ; and Lord Mansfield declared, that " by " the cultom of the realm, that is, by the common law, a carrier " is in the nature of an iniurer. It is laid down, that he is liable " for every accident, except by the ncl of God or the king's... | |
 | William Blackstone - Law - 1800 - 562 pages
..." the cuftom of the realm, that is, by the common law, a carrier " is in the nature of an infurer. It is laid down, that he is liable " for every accident, except by the aft of God or the king's " enemies. Now what i* the act-of God ? I confider it to mean " fomething... | |
 | Samuel Comyn - Contracts - 1807 - 646 pages
...negligence he is fuable on his contract. But there is a further degree of refponfibility by the cuftom of the realm, that is, by the common law ; a carrier is in the nature of an infurcr. It is laid down that he is liable for every accident, except by the aft of God, or the King's... | |
 | Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - Law reports, digests, etc - 1824 - 628 pages
...navigable rivers, are answerable to the same extent, as carriers are by the common law of England. By the common law, a carrier is in the nature of an insurer ; and undertaking for hire to carry goods, he is bound to deliver them, at all events, unless they... | |
 | Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...Kneeland, Cro. Joe. 330, are liable as common carriers. A carrier is in the nature of an insurer, and liable for every accident except by the act of God or the king's enemies. Per Lord Mansfield, Fortvard V. Pittard, 1 T. 12.33. He is, therefore, liable for accidental fire.... | |
 | Matthew Bacon - Law - 1832 - 844 pages
...So, if they are damaged. Palm. 523. So, if he be robbed of them. 4 Co. 84. 2 Saund.380. [The carrier is liable for every accident, except by the act of God, or of the king's enemies. 1 Term R. 33.] Roll. Abr. 3, 4. So, if an innkeeper refuses to entertain a guest,... | |
 | William Blackstone - Law - 1836 - 852 pages
...liable to answer for any negligence ; and, by tbe common law, incurs a further degrre of responsibility; he is liable for every accident, except by the act of God, « the king's enemies. By the act of Gcxi. is here understood such act as coolJ not happen bythe intervention... | |
 | Law - 1840 - 946 pages
...distrust, which an ancient writer has called the sinew of wisdom;^) or as described by LORD MANSFIELD, " A carrier is in the nature of an insurer. It is laid...except by the Act of God, or the King's enemies." (c) A carrier differs in this from a bailee, the latter only engages to it. r,. ; Vinn. Com. in Just.... | |
 | Law - 1842 - 536 pages
...204; 7 Bac. Abr. 50. 3 Harrison v. Lord North, 1 Chan. Cas. 83. 4 Roll. Abr. ubi supra. 5 Dyer, 56 a. By the custom of the realm, that is, by the common law, a carrier of goods is in the nature of an insurer of them liable for every accident, however inevitable, if occasioned... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 866 pages
...So, if they are damaged. Palm. 523. So, if he be robbed of them. 4 Co. 84; 2 Saund. 380. [The carrier is liable for every accident, except by the act of God, or of the king's enemies. 1 Term R. 33.] /3 Common carriers are liable for every injury happening to property... | |
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