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Elements of the Law of Bailments and Carriers Including Pledge and Pawn and ...
Philip T 1843-1917 Van Zile
No preview available - 2015
accept action agent amount apply assignment authority baggage bailee bailment bailor Bank become benefit bill of lading bound carry charge circumstances claim common carrier compensation condition consideration consignee contract course court court say created custody damages debt defendant delivered delivery demand diligence discussed duty entitled example exercise express fact follows freight furnished give given guest hands held hire hold implied indorsement injury innkeeper insurer interest liability lien limited loss Mass ment mortgage nature necessary negligence negotiable notice obligation obtained ordinary owner particular parties passenger payment perform person plaintiff pledge pledgor possession protect question railroad Railway Railway Co reasonable receipt receive recover refusal relation render result rule servants ship shipper statute sufficient thing tion train transfer transportation usual warehouse warehouseman
Page 550 - That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Page 550 - America in congress assembled, that the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management or arrangement, for a continuous carriage or shipment...
Page 550 - railroad" as used in this Act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease ; and the term " transportation " shall include all instrumentalities of shipment or carriage.
Page 552 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Page 625 - To adopt appropriate legislation for correcting the effects of such prohibited State laws and State acts, and thus to render them effectually null, void, and innocuous.
Page 21 - I said I could see no difference between negligence and gross negligence — that it was the same thing, with the addition of a vituperative epithet...
Page 212 - And there is great reason and justice in this rule, for necessitous men are not, truly speaking, free men, but to answer a present exigency will submit to any terms that the crafty may impose upon them.
Page 220 - It cannot be, therefore, that the statute which made them negotiable by indorsement and delivery, or negotiable in the same manner as bills of exchange and promissory notes are negotiable, intended to change totally their character, put them in all respects on the footing of instruments which are the representatives of money, and charge the negotiation of them with all the consequences which usually attend or follow the negotiation of bills and notes.
Page 625 - It is state action of a particular character that is prohibited. Individual invasion of individual rights is not the subject matter of the amendment.