The Law of Carriers, Inn-keepers, Warehousemen, and Other Depositories of Goods for Hire |
Other editions - View all
The Law of Carriers, Inn-Keepers, Warehousemen, and Other Depositories of ... Henry Jeremy No preview available - 2020 |
The Law of Carriers, Inn-Keepers, Warehousemen, and Other Depositories of ... Henry Jeremy No preview available - 2016 |
Common terms and phrases
action agent agreement answerable arises assignees Assumpsit Bailments bankrupt bill of lading bound breach Burr Camp captain carriage carried for hire carry charge charter-party coach common carrier common law liability considered consignee consignor conveyance court custom damage declaration defendant delivered delivery detained directed duty East evidence ex delicto felony fraud freight guest held hire horse implied indorsement infr injury inn-keeper judgment jury latter liable lien London Lord Ellenborough Lord Kenyon Lord Mansfield loss luggage Mansfield master ment misfeazance negligence non-delivery notice obliged owner paid parcel particular party passengers payment person plaintiff porter portmanteau possession postmaster principal privity of contract proprietors prove Raym received recover refused remedy responsibility rule Salk sent servant ship shipper statute supr tort transitu trover undertaking usage vendee vendor verdict vessel voyage waggon warehouse warehouseman wharf wharfinger whilst Willan
Popular passages
Page 17 - The keeping of the goods in the warehouse is not for the convenience of the carrier, but of the owner of the goods ; for when the voyage to Manchester is performed, it is the interest of the carrier to get rid of them directly; and it was only because there was no person ready at Manchester to receive these goods that the defendants were obliged to keep them.
Page 107 - ... right to stop in transitu con-[545]-tinued ; but Lord Ellenborough said, " that the goods having been transferred into the name of the purchaser, it would shake the best established principles, still to allow a stoppage in transitu. From that moment the defendants became trustees for the purchaser, and there was an executed delivery, as much as if the goods had been delivered into his own hands.
Page 94 - ... if a tradesman order goods to be sent by a carrier, though he does not name any particular carrier, the moment the goods are delivered to the carrier it operates as a delivery to the purchaser. The whole property immediately vests in him ; he alone can bring an action for any injury done to the goods, and if any accident happen to the goods it is at his risk.
Page 11 - It has been determined, that, if a man travel in a stage-coach, and take his portmanteau with him, though he has his eye upon the portmanteau, yet the carrier is not absolved from his responsibility, but will be liable if the portmanteau be lost.
Page 30 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons, the necessity of whose affairs obliges them to trust these sorts of persons, that they may be safe in their ways of...
Page 30 - But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests.
Page 96 - This is an action upon the agreement between the plaintiffs and the carrier. The plaintiffs were to pay him. Therefore the action is properly brought by the persons who agreed with him and were to pay him.
Page 36 - ... for that purpose, it is a term of the contract on the part of the carrier or lighterman implied by law, that his vessel is tight, and fit for the purpose or employment for which he offers and holds it forth to the public ; it is the very foundation and immediate substratum of the contract that it is so ; the law presumes a promise to that effect on the part of the carrier without any actual proof; and every reason of sound policy and public convenience requires it should be so.
Page 51 - That no owner or owners of any ship or vessel shall be subject or liable to answer for or make good to any one or more person or persons any loss or damage which may happen to any goods or merchandise whatsoever which...
Page 143 - ... could seldom or never obtain legal proof of such combinations, or even of their negligence, if no actual fraud had been committed by them.