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

Front Cover
Callaghan, 1906 - Carriers - 2350 pages
 

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Contents

CHAPTER II
14
Duty as to beginning continuing and ending the transportation
18
Not gratuitous where indirect compensation derived
21
Degree of negligence which creates liabilityInstances
22
Same subjectEnglish casesQuestion of delivery to carrier 1259
25
Requisites of declaration against private carrier
27
Same subjectInland vessels subject to same rules as carriers
28
Private carrier may contract for nonliability
34
CHAPTER III
40
Same subjectEquipment and heating of waiting roomsRetiring
44
Same subjectThe rule in England
46
Same subjectOther cases illustrating general rule
53
What the carrier may show 1353
55
Must undertake to carry by customary means and route
57
Are subject to general rules regulating other carriers 1147
58
Same subjectNor for any property in exclusive possession of pas
62
Proprietors of land vehicles like stagecoaches omnibuses carts
63
Same subjectNot liable where passenger has evaded payment
65
Responsibility for delivery to the wrong personNegligent delivery
66
Same subjectCannot give away the goods 794
67
Same subjectWhen liability begins
69
Railroad receivers trustees etc are common carriers
75
Whether standing in car is contributory negligence 1216
77
Special circumstances under which carrier not deemed to be com
81
Reasonableness of state rates should be determined by a study
85
Owners of canal and ferryboats may show that they are not com
89
Negligence on one kind of vehicle may not be on another 1226
93
Same subjectRiding on freight trains engines handcars etc 1000
95
Livery stable keepers are not common carriers
96
CHAPTER IV
98
Carrier liable for his negligence in loading or unloading stock not
100
Same subjectPrepayment of fare not necessary 1008
102
Not sufficient when made to agent not authorized to receive it
104
Entitled to freight though the goods have become worthless if they
108
Transfer of bill of lading to bona fide holder defeats rights 762
110
Same subjectLimitations on rule
114
Carrier excused when goods taken from him by legal process 738
118
Same subjectDuty of carrier to protect passenger while in station
120
Same subjectExpress companies
121
Delivery to ferrymen when complete
128
Duty of first carrier to effect delivery to succeeding carrier
129
Same subjectDuty when succeeding carrier neglects or refuses
136
Passenger allowed reasonable time to call for bagg 1285
138
Agreements between carriers not binding on owner
142
Same subjectDuty of first carrier to forward shipping directions
149
Contributory negligence as affected by the blindness or deafness
151
Damages when carrier refuses to perform his contract to accept
152
Same subjectOther reasons
155
Liability of carrier usually limited by contract
161
Rebate equal to cartage charges is discriminative 545
164
Same subjectHow in case of bona fide holder
167
Same subjectImplied obligations cannot be varied by parol
168
Same subjectHow where duty to unload cars devolves on con
171
Same subject
176
Same subject
180
Conclusions on this subject 1320
182
Same subject 258
184
Bills of lading are assignable but not negotiable
186
COMMONLAW ACTIONS
188
Goods must be delivered only in accordance with bill of lading
192
Same subjectBill of lading to shippers orderDraft attached 183
199
The rights arising out of the contract must be created by law
200
Same subject 291
202
Same subjectDuplicate bills of lading to consignorPossession
205
Same subjectConsignment cannot be changed by shipper when
211
Whether property of government subject to lien 886
214
Traveling on Sunday 1232
216
When performance wholly within one state the law of that state
217
THE FORM OF ACTION
220
Matters relating to remedy are governed by law of forum 208
223
Statutory right of action in case of death 1384
225
Not necessary that vendor obtain actual possession of goodsNotice
228
Facts extrinsic of presumptive evidence may be considered by
229
Enforcement of limitation valid at place of contract valid
235
OF CONNECTING CARRIERS
239
Duty of carrier in general to avert injury to goods transported 645
240
English rule denied in majority of states
245
Same subjectPassenger not justified in incurring danger to avoid
247
Same subjectContinues to be passenger though temporarily
248
Section three is more comprehensive than section two 552
249
Liability beyond terminus may be excluded by contract 233
254
OF THE CARRIERS LIABILITY AND THE EXCEPTIONS THERE
289
Same subjectOr if he negligently exposes the goods to danger
292
Act of God must be proximate cause of loss 274
295
Same subject
298
Same subjectSame rule applies to carriers using steam 281
302
Same subjectCases holding carriers jointly liable 252
305
Same subject
311
Same subjectNot liable for not guarding against accidents
318
Same subjectWhat elements must exist 1015
320
Carrier protected if loss caused by public authority
324
Act of God will not excuse carrier if carrier has wrongfully
325
Power of the owner of the goods to change their destinationLia
327
Same subject 254
330
Same subject
331
Same subjectLimitations as to time within which ticket is good
334
Their duty to accept as passengers those who offer themselves
335
Same subject 255
336
Same subjectExtent of carriers liability
337
Construction of clauses reserving leave to tow and assist other
341
Difference in liability based on inherent nature
343
The duty and liability of the carrier when adverse claim is set
346
To what vessels and property Harter Act applies
347
Same subjectCases holding carriers not jointly liable 256
351
Responsibility for such stowage rests on the carrier alone
353
Though injury caused by peculiar nature of the animals carrier
358
Liability as warehouseman when goods refused or consignee can
360
Who may sue under these statutes 1389
361
Rule different in case of coupon tickets 1048
364
Statute similar to Harter Act enacted in Great Britain in 1900 346
365
Origin of goods immaterial under section three 554
367
Sleepingcar company not responsible for train connections 1137
368
Stowage with reference to the natural characteristics of the cargo
369
Second section of Harter Act is the complement of section three 362
377
Measure of damages is generally compensation for injury 1421
379
Duty of sleepingcar company to furnish berth 1139
382
Unfastened ports
384
Due diligence in manning vessel
391
Discrimination in carriage of live stock and affording proper facili
393
Dangers of the sea
396
CHAPTER IX
400
Goods usually shipped under contracts limiting liability 388
403
Original theory as to carriers obligation 1322
407
Construction of act
409
Carrier cannot of his own motion set up adverse title 750
410
Tast duty of carrier is delivery 662
412
Carrier may limit liability by special contract
415
Mere notice is not sufficientWhat constitutes special contract 406
421
Suffering must be real 1425
426
Form and nature of the contractNeed not be in writingEvi
427
Same subjectParol modificationsSigning by one partyEffect
429
Same subjectParol agreement acted upon cannot be limited by
436
Same subjectHow when train does not stop at passengers des
440
Contracts limiting the amount of damages recoverable 425
442
Same subjectExecution of contracts limiting recovery to agreed
450
Notice contained in receipt that unless informed of value of goods
456
Same subjectHow under English Land Carriers Act 436
462
Same subjectNotice from course of dealing 441
466
Effect of deceaseds contributory negligence or his settlement of
468
Same subjectCarrier may waive benefit of such conditions 444
476
A rate though reasonable should not tend to create a monopoly 587
478
Same subjectThe contrary view 451
482
At what place passenger may be ejected 1082
488
Same subjectContrary rule prevails in New York 454
489
Same subjectCarrier responsible to passenger for negligence
492
Powers of agents of carriers to bind them by contract 460
496
Through rate may be less than sum of locals 595
498
Discrimination in coal car distribution under section three 557
501
Carrier in the selection of vehicles must guard against the exigencies
502
Contracts limiting liability must be construed strictly against
503
STOPPAGE IN TRANSITU
506
Questions discussed in this chapter 1240
507
How where shipper selects the vehicles himself
508
How the benefit of such contracts can be claimed by connecting
509
Same subjectDuty to furnish facilities to express companies with
514
Contract must have a fair construction 476
515
Delay not a conversion of the goodsNor loss through mere non
517
Giving preference to one shipper over another
520
Same subjectPerils of the sea etc not synonymous with act
521
Effect of joint rates in bringing a railroad within the scope of
526
Same subjectHow question determined 490
527

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Common terms and phrases

Popular passages

Page 360 - ... to exercise due diligence, properly equip, man. provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided.
Page 357 - The liability of the owner of any vessel, for any embezzlement, loss, or destruction, by any person, of any property, goods, or merchandise, shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity, or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.
Page 444 - 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.
Page 42 - To bring a person within the description of a common carrier, he must exercise it as a public employment ; he must undertake to carry goods for persons generally ; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.
Page 484 - But the proposition to allow a public carrier to abandon altogether his obligations to the public, and to stipulate for exemptions that are unreasonable and improper, amounting to an abdication of the essential duties of his employment, would never have been entertained by the sages of the law.
Page 483 - 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.
Page 42 - common carrier" has, therefore, been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him from place to place.
Page 306 - 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.
Page 358 - ... shall in no case exceed the amount or value of the interest of such owner or owners respectively, in such ship or vessel, and her freight then pending.
Page 51 - Moore, at page 22, vol. 1, defines a common carrier as one who "holds himself out as such to the world ; that he undertakes generally and for all persons indifferently to carry goods and deliver them for hire; and that his public profession of his employment be such that, if he refuse, without some just ground, to carry goods for anyone, in the course of his employment and for a reasonable and customary price, he will be liable to an action.

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