A Selection of Cases on Carriers and Other Bailment and Quasi-bailment Services |
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A Selection of Cases on Carriers and Other Bailment and Quasi-bailment Services Joseph Henry Beale No preview available - 2023 |
A Selection of Cases on Carriers and Other Bailment and Quasi-Bailment Services Joseph Henry Beale No preview available - 2015 |
Common terms and phrases
accident act of God action Adams Express Co affirmed agent alleged appears arrival authority baggage bailee bailment bill of lading boat Boston bound cargo carriage carry cause charge Chicago circumstances claim coach common carrier common law conductor consignee contract custody damages defendant defendant's delivered delivery depot destination diligence discharge duty entitled error evidence fact fare fendant fire freight Grand Trunk Railway guest held horses injury innkeeper instructions Jeffersonville judge judgment jury liability lien loss Mass master negligence notice obligation opinion ordinary owner paid parties passenger person plaintiff plaintiff in error platform proper public enemy question rail railroad company railway company reasonable receipt received recover refused responsible road route rule safe servants ship shipment shipper station steamboat stipulation SUPREME COURT ticket tion train transportation trial trunk unloading verdict vessel warehouse York York Central Railroad
Popular passages
Page 62 - ... 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 against it by his contract.
Page 350 - 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.
Page 30 - The law charges this person thus intrusted to carry goods against all events but acts of God and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable.
Page 342 - The carrier and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle or stand out and seek redress in the courts.
Page 182 - But we think the real answer to the objection is, that no wrong-doer can be allowed to apportion or qualify his own wrong; and that, as a loss has actually happened, whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction, if he could show, not only that the same loss might have happened, but that...
Page 266 - For the purposes of this case, it may be conceded that the motive actuating the court was good. His sympathy for this unfortunate girl and the feelings of her father and mother no doubt induced him to take the step which he did.
Page 431 - ... 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.
Page 377 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 386 - ... agreement that its value is a less sum than that claimed after a loss. It is just to hold the shipper to his agreement, fairly made as to value, even where the loss or injury has occurred through the negligence of the carrier. The effect of the agreement is to cheapen the freight and secure the carriage, if there is no loss, and the effect of disregarding the agreement after a loss is to expose the carrier to a greater risk than the parties intended he should assume. The agreement as to value...
Page 339 - EVERT such company as aforesaid [railway and canal companies] shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability...