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

Robert Hutchinson

Callaghan, 1880 - Carriers - 767 pages

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BAILMENTS	1

Section Page 452 when consignee agent of owner of goods liable for freight unless fact of agency disclosed 36	3

responsibility of bailee for negligence when bailment for exclu	8

liability of bailee for malfeasance and fraud	14

Section Page	24

loss of bailors goods without loss of his own similarly exposed	30

less numerous than formerly	36

26	42

must communicate with owner when practicable	354

his right to know character of goods and contents of pack ages 355357	355

rule when freight to be ascertained by measurement 356	356

duty of shipper to make known dangerous character of goods 357	357

carriers liability for damages occasioned by dangerous goods	358

liability of shipper for damages occasioned by dangerous goods 35S 359 443 compensation of carrier 359	359

entitled to freight only on goods delivered	360

goods must be properly separated and designated for use	361

effect of holding ones self out as common carrier	48

road agreeing to furnish motive power and use of road only	64

himself out to public as engaged	78

Section Page 119 common law liability of carrier generally limited by contract	93

ships bill of lading	94

effect of as evidence of delivery of goods to carrier 95	95

as to innocent holder for value 96	96

carrier not liable for wayside deposits	97

stipulations in except as to receipt of goods their quantity and condition cannot be varied by parol 9899	98

legal import of cannot be varied by parol	99

assignable but not negotiable 100	100

consignee presumptively the owner of the goods 101	101

delivery must be made to holder of bill of lading 102	102

delivery to connecting carrier to complete transportation 7981	103

consignment may be changed by shipper when there is no agree ment which makes delivery to carrier a delivery to con signee IC4 135 otherwise wh...	104

in such case carrier permitting change of destination by con signor liable 105	105

such change may be justified by previous course of dealing	106

140144 by what law validity and effect of contract determined 108110	108

CHAPTER IV	111

the rule in Muschamps case	112

courts in America about equally divided on question of liability of first carrier for safety of goods beyond his own line in ab sence of contract	113

conflict of authorities on this question 114	114

no American court except in Georgia holds first carrier exclusively liable	116

such contract may be inferred from circumstances 117120	117

Section	124

153	133

do	134

partnerships and associations between carriers	158

partnerships between corporations as carriers	170

Section Page 228 approved by the courts 182	182

right of carrier to limit liability for losses from any cause except gross negligence or misfeasance either by express contract or notice recognized at co...	183

objects of this act	184

loss by sudden inundation within exception	185

effect of this modification	186

beginning of controversy in America as to carriers right to limit his common law liability 187	187

existence of such right at first denied by the courts 188	188

earlier opinions disapproved and law settled that carrier may limit common law liability by express or special contract 189	189

but not by notice 190	190

acceptance by en ployer of receipt containing printed conditions equivalent to special contract under English Carriers Act	191

acceptance of receipt by owner of goods in the absence of fraud affords conclusive presumption of assent to its terms and con ditions 194	194

the contract need not be in writing	195

notices not intended to limit liability 196	196

terms of limitation must be plain and easily legible 197199	197

receipt to be effectual in limiting liability must by given to and accepted by the shipper at the time of the acceptance of the goods except where cours...	199

in absence of such course of dealing delivery of receipt subse quently to acceptance of goods of no avail to protect carrier	200

may fix limited value upon property to be transported	201

but in case of negligence would be liable for full value unless ex pressly relieved from such liability by contract	202

when owner of goods bound to disclose value 203	203

notice requiring disclosure of value under English Carriers Act	204

how far decisions relating to authority in America 205	205

decisions in this country	206

effect of war upon contract of affreightment	223

Railway and Canal Traffic	244

Davis v Garrett discussed	252

when concealment of value of goods by owner equivalent	256

179181	271

consideration necessary to uphold such contracts	278

consignees right to inspect the goods	319

for carriage	331

CHAPTER VIII	337

Section Page 421 carrier obeys or disobeys notice of stoppage in transitu at his peril 342	342

when personal delivery necessary and diligence to be used in seek	343

CHAPTER IX	345

not inconsistent with rights of general owner	346

carrier paying owner for property lost or destroyed by another while in his custody substituted to rights of owner against wrongdoer	347

his right to insure the goods 348	348

bailment to carrier ordinarily confers no power to sell and sale by without other authority void 349	349

no possible circumstances of fraud imposition or mistake will	350

master of vessel may in case of absolute necessity sell both ship and cargo	351

what purchaser must show to establish title	352

degree of necessity justifying sale 353	353

amount of compensation for carriage 362	362

consignee prima facie liable for freight	363

railway companies not required to make personal delivery	367

freight pro rata itineris 368	368

whether acceptance of goods by owner waiver of further carriage	369

whether acceptance voluntary how determined in absence of ex press agreement 370	370

general observations touching necessity of notice to consignee	373

rule for adjusting freight pro rata itineris adopted by Lord Mans field	375

duty of carrier as to transhipment when completion of voyage in original vessel becomes impossible	376

Shipton v Thornton commented upon 377378	377

when master may bind owner of goods to pay increased freight	378

express companies bound to make personal delivery	379

when goods are carried contrary to wishes of owner	380

carriers cannot sue for freight till goods delivered	381

when shipper may recover freight paid in advance	382

carrier may recover damages in nature of demurrage from stranger 383	383

other cases in which carrier may sue	384

lien confined to charges and advances on particular goods 385	385

confined to charges for transportation 386387	386

when delivery by carrier extinguishes lien	387

whether carrier has lien on goods wrongfully shipped by one	392

CHAPTER X	398

must use every precaution to ensure safety of passenger reason	405

but if claimant has not paramount title over bailor withholding	407

responsibility for defects in vehicles and machinery attributable	411

against whom right may be exercised	413

duty of conductor when fight takes place on railway train 444	444

consignee assigning bill of lading not liable for freight unless	449

313	453

the contract to carry tickets	457

delivery of part of goods does not extinguish lien on remainder	480

effect of holding goods by carrier at request of consignee 313	504

how far a warranter of the perfection of his vehicle and appli	506

weight of authority that so far as passenger is concerned carrier	512

and well lighted	518

3SS duty to notify consignor or owner of absence of consignee or	524

dependent upon surrounding circumstances	530

dorsee his agent 363364	531

CHAPTER XII	534

doctrine in America	538

701703	554

person making contract with the carrier may	567

carrier may eject passenger for refusing to comply with reasona	569

until recently all actions against common carriers were brought	576

no fixed rule to ascertain when plaintiff has election	582

what must be proven by the plaintiff	588

conclusions of Simrall J in case of Railroad v Ragsdale 598601	598

the time at which carrier must commence transportation	603

province of jury in allowing damages	606

form of action when exemplary damages are claimed	612

must be careful not to invite passenger to alight at improper	615

different rule in Iowa and Indiana	621

Section Page	623

provisions in regard to inspection have been extended to hulls	625

duty of master with respect to passenger	631

109 110	644

fraud upon carrier 20620S	652

presumption that consignee is owner of goods may be rebutted 364 365	655

liable for false representations	656

bona fide transfer of bill of lading will defeat right of stoppage	657

when relation of carrier ceases and that of ordinary bailee	662

question as to burden of proof sometimes of the utmost import	678

responsibility for character of servants employed	680

568	681

458	690

340 341	692

delivery by carrier by water need not be personal	695

725	701

must provide safe landing and delivery must be at proper	709

gross negligence knowingly to retain incompetent unfit or intem	726

619 620	732

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Common terms and phrases

acceptance accident act of God action Adams Ex affreightment agent agreement arising authority baggage bailee bailment bailor Barb become bill of lading boat bound carriage carry carry for hire cause charge circumstances claim common carrier common law compensation condition consequence consignee consignor contributory negligence conveyance court custody damage danger defendant delay delivered delivery destination diligence duty employer entitled Exch excuse express company fact fault fraud freight held liable hire injury insurer jury limit Lord Mansfield master negligence notice obligation occasioned Ohio St ordinary owner package pany party passenger Penn perils person plaintiff public enemy question Rail Railroad railroad company reasonable receipt received recover refusal responsibility rier risk road route rule safety senger servants ship shipper special contract steamboat Story on Bail Strob supra ticket tion tract train trans transportation undertaking unless vessel Wend

Bibliographic information

Title	A Treatise on the Law of Carriers: As Administered in the Courts of the United States and England
Author	Robert Hutchinson
Publisher	Callaghan, 1880
Original from	the University of Michigan
Digitized	28 Jun 2012
Length	767 pages

Export Citation	BiBTeX EndNote RefMan

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