VOLUME I To the Law of Loss and (Second Edition) By HERBERT C. LUST OF THE CHICAGO BAR Author: "DIGESTS OF DECISIONS UNDER THE INTERSTATE COMMERCE OF LOSS AND DAMAGE CLAIMS," ETC. THE TRAFFIC LAW BOOK COMPANY CHICAGO ILLINOIS PREFACE It is now almost two years since the second edition of the LAW of Loss and DAMAGE CLAIMS was published. In that time there has been a considerable expansion in the law, but this has resulted more from the application of old principles to new state of facts than to the creation of what might be called entirely new precedents. The principal change has been the settlement of the controversy concerning the validity of Section 3 of the old Uniform Bill of Lading, restricting the measure of damages to time and place of shipment. The United States Supreme Court has taken us back to the old days of the common law so that the market value at destination becomes the controlling feature. Principally because of the fact that there has been very few original precedents created it was not thought advisable to write a third edition of the LAW of Loss and DAMAGE CLAIMS. The author feels that that work was so complete that it would be largely a case of supererogation to go over the ground that has been so completely covered. A new idea in textbook writing has therefore been adopted, although it is an old one with law encyclopedias. A supplement to the second edition of the LAW OF LOSS AND DAMAGE CLAIMS has been written. When a reader desires to solve his problem he first goes to the LAW OF LOSS AND DAMAGE CLAIMS and when he finds the principles involving his particular problem he turns to the same chapter and heading in the ANNOTATIONS, and there he will find a discussion of the subsequent decisions. Thus, if he is interested in the Cummins Amendment, which is discussed on page 4 of the LAW OF LOSS AND DAMAGE CLAIMS, he turns to this book of ANNOTATIONS (same heading), Chapter 1, Carmack and Cummins Amendments, and finds the subsequent decisions. There is some new material in this volume, which is not covered in the LAW OF LOSS AND DAMAGE CLAIMS and, therefore, the index in the back of the book, as well as the table of contents in front should also be used. It might be noted that the cases covered by this volume are those discussed in the Loss AND DAMAGE REVIEW, Volume 3, and such cases in Volume 2 as were not included in the LAW OF LOSS AND DAMAGE CLAIMS (2nd Ed.), but have been revived by subsequent decisions. Also some important cases in Volume 4 of the REVIEW are included. HERBERT C. LUST. Chicago, Ill., 1921. |