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Selected Cases on the Law of Bailments and Carriers: Including the Quasi ...
Edwin C. Goddard
No preview available - 2015
action agent agreed agreement amount answer appears applied authority bailee bailment bank bill of lading bound carriage carry cause charge circumstances claim common carrier common law condition consideration considered consignee contract court damages decision defendant delivered delivery direct duty effect entitled error evidence express fact freight give given gross ground guest held hold horse injury innkeeper instruction interest judge judgment jury liability lien limit loss Mass means nature negligence notice opinion owner paid particular parties passenger person plaintiff pledge possession present principle proper question railroad railroad company Railway reasonable received recover refused relation respect responsible result road rule safe servants shipped taken telegraph ticket tion train transportation unless York
Page 663 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract 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...
Page 705 - ... 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 250 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 11 - a delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods...
Page 401 - 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 324 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 646 - 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 for non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 649 - Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the Company for transmission.
Page 532 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.
Page 248 - When one becomes a member of society, he necessarily parts •with some rights or privileges which, as an individual not affected by his relations to others, he might retain. " A body politic," as aptly defined in the preamble of the Constitution of Massachusetts, " is a social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good.