A Treatise on the Law of Carriers of Passengers, Τόμος 2

Εξώφυλλο
West publishing Company, 1897 - 1693 σελίδες
 

Τι λένε οι χρήστες - Σύνταξη κριτικής

Δεν εντοπίσαμε κριτικές στις συνήθεις τοποθεσίες.

Περιεχόμενα

SamePolice Duties
860
34 SamePerson Assisting Servant
862
SameEvidence of Employment
863
Torts Commanded or Ratified by Master
865
Negligence of Servant
866
Excessive or Erroneous Execution of Authority 354 SameExploded Rule Exempting Master from Liability for Willful Torts of Servant
870
SameMisconduct at Stations
874
SameDirecting or Assisting Passenger in Boarding or Alight
877
SameInviting Persons to Ride In Dangerous and Prohibited Places
880
SameEjection of Passengers 359 SameEjection of Trespassers 360 SameFalse Imprisonment and Arrest
892
SameEnforcing Payment of Fare
898
SameDirecting Performance of Perilous Service
899
SameViolation of Masters Orders
900
36j Absolute Liability of Common Carriers 366 SameApplications of Rule
907
SameJustifiable Assaults
912
SameWhen Terminates
917
Independent Torts of Servants 370 Contracts of Agents
921
CHAPTER XXVI
925
RECEIVERS AND MORTGAGE TRUSTEES AS CARRIERS 384 Receivers as Common Carriers
956
SameActions against
957
SameLiability of Railroad Company
959
SameEffect of Discharge 388 Mortgage Trustees
961
CHAPTER XXVIII
962
SameGross Negligence Rule
969
oo SameGratuitcus Passengers 394 SameWho are Gratuitous Passengers
973
39o SameExpress Messengers
975
SameConnecting Lines
977
SameLimitation as to Amount of Recovery 398 Conflict of Laws
978
Mode in Which Limitation may be Made
980
SameContract with Third Person
983
Construction of Contract
987
Release and Discharge after Injury
989
SameRescission
991
SameRatification and Laches
994
CHAPTER XXIX
996
Duty to Carry to Destination without Delay
1000
Accommodations
1001
Authority and Power of Master
1002
Duty to Passengers in Shipwreck
1006
Admiralty Jurisdiction 411 SameLiability of Vessel
1009
Liability of Master 413 Statutory RegulationsEmigiant or Steerage Passengers 414 SameSteam Vessels
1016
SameCarrying Excessive Number of Passengers
1018
SameCarrying Explosives 417 Statutory Limitation of Vessel Owners Liability
1019
SameAscertaining Value of Vessel
1025
CHAPTER XXX
1027
CHAPTER XXXI
1040
Distinction between Actions on Contract and in Tort 427 Plaintiffs
1041
Defendants
1046
CHAPTER XXXII
1047
SameJoinder of Causes of Action
1066
Defensive Pleadings
1067
Amendments
1068
Pleading and ProofVariance
1069
SameAllegations as to Place
1070
SameAllegations of Negligence
1072
SameAllegations by Plaintiff Negativing Contributory Neg ligence
1075
SameIn Actions for Ejection and Failure to Carry to Destina tion
1078
SameAllegations as to Damages and Injuries 445 SameDefendants Pleadings
1088
SameWaiver of Objections
1090
CHAPTER XXXIII
1091
Custom and Usage
1094
Other Acts of Negligence
1098
Other Accidents
1099
Other Defects
1104
Subsequent Precautions and Repairs
1105
Declarations against Interest
1107
SameBy Agents or Employes
1108
Declarations in Favor of Party Making Them 456 SameDeclarations and Exclamations of Pain 457 Declarations and Acts of Third Persons
1129
45S Real or Demonstrative Evidence
1131
Photographs
1134
Physical Examination of Plaintiff
1135
Best EvidenceEvidence on Former Trial 462 Miscellaneous DecisionsNegligence and Contributory Negli gence
1137
SameIn Actions for Ejection and Wrongful Arrest 464 SameAs to Damages and Injuries
1150
Opinion Evidence
1160
SameAs to Injuries and Damages
1161
Expert Evidence 468 SameOn What Subjects Competent
1167
SameMedical Experts
1170
Privileged Communications
1181
CHAPTER XXXIV
1184
SameAs to Breach of Duty
1185
SameAs to Dnuages and Injuries 476 SameContributory Negligence
1189
Degree of Proof 478 Judicial Notice
1194
471 Presumption of Being Passenger
1195
Presumption of NegligenceHappening of Accident 481 SameAccidents on Road Vehicles
1200
SameDerailment of Car or Train
1202
SameCollision
1205
SameExplosions 485 SameDefective Roadbed and Machinery 48S SameConcussion of Cars and Jars of Trains and Boats 487 SameInjuries to Passen...
1209
SameFalling Objects and Missiles
1221
48 SameDeath of Passenger
1223
SameOther Cases Where Presumption has Obtained 491 SameOther Cases Where Presumption has not Obtained
1226
SameContributory Negligence
1227
SamePersons not Passengers 494 SameRebutting the Presumption
1229
SameRule in Texas 496 SameStatutory Presumptions
1238
Credibility of Witnesses
1242
SameContradictory Statements
1244
Same Falsus in Xno Falsus In Omnibus 500 Positive and Negative Testimony
1250
SameAssuming Facts and Singling out Testimony
1287
SamePleading and Evidence to Support 517 SameDefining and Presenting Issues
1289
SameAs to Damages
1291
SameConstruction as a Whole
1293
SameRequests and Exceptions 521 Verdict
1298
CHAPTER XXXVI
1299
Personal Injuries
1301
SameBodily Injury and Pain
1303
SameFuture Injury and Pain
1306
SameLoss of Time and Impairment of Earning Capacity
1308
SameExpense of Cure
1313
SameMarried Women
1316
SameRecovery by Husband for Injuries to Wife 529 SameRecovery by Parent for Injuries to Child
1321
SameMitigation of Damages
1322
Mental Suffering and Fright 532 SameIllness or Insanity Caused by Fright or Shock
1323
Carrying Past Destination
1339
Ejection
1342
53S SameHumiliation and Mortification
1343
SameInconvenience
1347
SameExcessive Force 541 False Imprisonment
1348
CHAPTER XXXVII
1349
In Cases Where There Has Been no Actual Damage
1351
Province of Court and Jury
1353
Corporations 546 Liability of Master for Torts of Servant
1354
SameRatification of Servants Acts 548 Gross Negligence
1361
Poverty of Defendant
1364
Failure to Accept and Carry Passenger 551 Carrying Past Destination
1367
Ejection
1370
Rude and Insulting Tone
1374
Statutory Provisions
1375
CHAPTER XXXVIII
1377
SameLoss of Society Services
1398
Assault Insult and Arrest
1399
Failure or Refusal to Accept ami Carry Passenger 567 Denial of Accommodations
1402
Carrying Past Destination
1403
58 Ejection
1408
SamePersonal Injuries
1410
Same Good Faith of Conductor 572 SameAt Place Other Than a Station
1413
Compelling Payment of Two Fares 574 Practice Remittitur 575 Inadequate Damages
1415
DEATH BY WRONGFUL ACT CommonLaw Rule Modern Statutes SameMassachusetts Statutory Provisions Pertaining to Pas sengers SameStatutes ...
1419
CHAPTER XL
1426
Conflict of Laws as to Limitation of Liability 634 Carriers Lien lor Fare 635 General Average Contribution
1427
SameConsideration for Carriage
1429
SameAct of
1430
SameAct of Public Enemy
1432
SameSeizure on Legal Process 585 SameInstances Where Liability has been Enforced
1433
Duty to Carry 587 What Constitutes Baggage
1438
SameProvince of Court and Jury
1441
SameWearing Apparel
1442
SameHousehold Goods 591 SameTools and Surgical Instruments
1446
SameTheatrical Paraphernalia 594 SameJewelry
1448
SameBicycles
1449
SameFirearms 597 SameDogs
1450
SameMoney
1451
SameDuty to Disclose Value
1454
SameProperty of Tuird Persons 601 SamePassenger to Accompany
1456
Merchandise
1459
SameCustom and Usage
1460
SameCarriers Duty to Inquire
1462
SamePayment of Extra Compensation
1464
6O6 SameKnowledge of Carrier
1467
Rights of Passenger as to Property not Baggage 608 Duration of Liability as Insurer 609 When Liability Begins
1472
SameNotice to Carrier
1473
SamePurchase of Ticket
1474
SameAgents Authority to Receive Baggage
1475
Termination of Liability
1476
SameWhat is Reasonable Time for Delivery
1478
SameDelay for Convenience of Carrier 616 SameDelay for Convenience of Passenger 617 SameDelivery According to Custom
1483
SameMistake
1485
SamePassenger Stopping at Intermediate Station 620 SameDeath of Passenger During Voyage
1487
Liability as Warehouseman
1488
SameTermination of Liability 623 Connecting CarriersLiability of Each as to Its Own Line
1491
SameLiability of First Carrier Beyond Its Line 625 SameLiability of Connecting Carrier Beyond Its Line
1497
Same Partnership and Joint Traffic Arrangements
1499
Limitation of Liability by Contract
1501
SameConnecting Lines
1505
SameMode in Which Liability may be Limited
1506
Limitation as to Value of Baggage
1510
SameMode In Which Liability may be Limited
1512
Statutory Limitation of Liability
1514
CHAPTER XLI
1519
SameRailroad Companies
1520
SameSteamboats and Vessels
1524
631 SameSleeping Cars
1527
SameLiability of Railroad Company for Loss of Articles from Sleeping
1531
SameArticles Left in Car 642 For What Property Liable
1534
CHAPTER XLII
1540
Pleading
1543
Admissibility of Evidence
1544
SameDeclarations of Agent or Employe 64 SameOpinion Evidence
1547
Burden of Proof and Presumptions
1548
SamePossession of Baggage Checks
1551
Measure of DamagesLoss of Baggage
1552
SameDelay in Delivery
1554
TABLE OF CASES CITED Page 1555
1555
INDEX Page 1615
1615

Άλλες εκδόσεις - Προβολή όλων

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 1010 - 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.
Σελίδα 949 - 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.
Σελίδα 1188 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Σελίδα 1126 - The inviolability of the person Is as much Invaded by a compulsory stripping and exposure as by a blow. To compel any one, and especially a woman, to lay bare the body, or to submit It to the touch of a stranger, without lawful authority, is an Indignity, an assault, and a trespass...
Σελίδα 1126 - No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.
Σελίδα 1011 - The individual liability of a shipowner shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole; and the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessel and freight pending...
Σελίδα 944 - States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Σελίδα 1323 - The nerves and nerve centers of the body are a part of the physical system, and are not only susceptible of lesion from external causes, but are also liable to be weakened and destroyed from causes primarily acting upon the mind. If these nerves, or the entire nervous system, are thus affected, there is a physical injury thereby produced...
Σελίδα 1347 - Exemplary or punitive damages, being awarded, not by way of compensation to the sufferer, but by way of punishment of the offender and as a warning to others, can only be awarded against one who has participated in the offense.
Σελίδα 954 - The business is mostly concentrated in a few powerful corporations, whose position in the body politic enables them to control it. They do, in fact, control it, and impose such conditions upon travel and transportation as they see fit, which the public is compelled to accept. These circumstances furnish an additional argument, if any were needed, to show that the conditions imposed by common carriers ought not to be adverse (to say the least), to the dictates of public policy and morality.

Πληροφορίες βιβλιογραφίας