Elements of the Law of Bailments and Carriers, Including Pledge and Pawn and Innkeepers

Εξώφυλλο
Callaghan, 1908 - 856 σελίδες
 

Περιεχόμενα

Conversion of the property
52
Lien once lost cannot be revived
60
The death of the bailee 82
66
A contract relation 92
71
The liability of the bailee 102
77
Locatio et conductio bailments 113
83
Mandatum
85
Duty of bailor to give notice of defects rendering thing unfit
89
Bailees right under certain circumstances to assign his interests 129
95
Whether a sale or bailment 137
101
The work must be done as contracted 142
107
He must exercise the skill adequate to the proper performance
113
When will failure of bailor to give notice waive defects 157
119
Bailees possessionProperty interest in the thing
122
Lien by statute 162
126
All warehouses public or quasipublic 170
132
At common law a warehouse receipt in a technical sense is
138
Negotiability of receipt provided by statute 175
145
Storagehouse keepers 179
154
When the liability begins 191
163
Liability of bailee in custodia bailments 198
169
Does the burden of proof of negligence shift 203
175
Unauthorized use of chattels 207
181
PART SECOND
189
Property the subject of the pledge 223
195
Pledge as collateral security 230
201
Delivery of the property by the pledgorAcceptance and continued
208
CHAPTER III
222
How affected by charter and bylaws of the company 250
229
Bills of lading subject of pledge 253
238
Who are bona fide holders of bills of lading
244
Notes and mortgages and bonds and mortgages 270
252
Pledgor of valuable securitiesNotes bonds mortgages etc 276
260
Statutes of states with reference to pledgee of warehouse receipt
264
As to notice of intention to redeem 282
266
Right to use the pledged property 290
272
CHAPTER V
279
Foreclosure of the pledge of corporeal property 301
285
The utmost good faith demanded in the matter of the notice of sale 306
291
SECTION II
297
Compromise
306
INNKEEPERS AND BOARDINGHOUSE KEEPERS
315
Some essential characteristics
321
Accounting for the pledged property
327
Length of timeContracts for rates will not always determine
328
Limitations
335
Disorderly conduct
341
Liability and exceptions analyzed
348
By reason of the inherent nature of the property
355
Reasonable regulations of the inn
357
If a boarder not a guest
363
Injuries from fire
370
The property of third persons
379
Carrier not permitted to arbitrarily refuse to receive and ship
439
Duty to provide proper vehicles
445
FIXING LIABILITY OF CARRIERTHE BILL OF LADING
448
Conclusiveness as to condition weight contents or value
458
Does not always excuse the carrier from all care
464
Strikers rioters and robbers not the public enemy
470
Loss from mistake or intermeddling on the part of the shipper
477
The exception applies
479
Statutes of United States with reference to duties of the carrier
485
Delay occasioned by deviation from route
495
Duty of carrier as to goods after disaster
502
When the change deviation or delay from the stipulations in
508
Rule in different states as to limitation for negligence
514
Contract must be reasonable fair and without fraud
523
Representations of the shipper fraudulent or otherwise 523
542
The English rule 529
550
Who are connecting carriers 532
556
CHAPTER X
566
Right of carrier to collect its advances to connecting carriers 544
573
Where the freight is only carried a part of the distance contracted
576
The interstate commerce act 552
584
For what charges will the lien attach 556
593
CHAPTER XI
601
The requirements of the carrier upon arrival of the goods at des
607
Carrier may assist in preventing fraud on the part of consignor 572
613
Consignee cannot prolong liability as carrier 579
620
The law favors the right 587
626
CARRIERS OF PASSENGERS
633
Drovers 599
643
Prepayment of fare 603
650
WHO MUST THE CARRIER ACCEPT AND CARRY AND CERTAIN
655
CERTAIN DUTIES INCUMBENT UPON THE CARRIER
665
Safe and sufficient means of transportation 622
672
When the injury is the result of an incompetent fellow servant 626
679
LIABILITY GROWING OUT OF DUTY TO PASSENGER WHILE IN TRANSIT
694
Liability of carrier for abuse of passengers 638
700
Where the carrier or agent is at fault 640
707
What proofs should be adduced
708
Tickets over connecting lines 644
715
Not liable as innkeepers 648
722
WHEN THE CARRIER IS EXCUSED
729
Same subject 662
735
Limitations growing out of that which is incident to the carriage 671
747
BAGGAGE OR THE PASSENGERS EFFECTS
749
The owner of the baggage should be a passenger 684
759
The baggage of a steerage passenger 693
768
Defendants proofs 710
779
Damages for refusal to receive and transport 715
786
ACTIONS AGAINST CARRIERS OF PASSENGERS
792
Actual exemplary punitive or vindictive damages 731
800
Special not general deposit 88
808
Fastfreight lines dispatch companies etc 422
833
Termination of the relation 328
849

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Σελίδα 582 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
Σελίδα 585 - States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of trans-shipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country...
Σελίδα 585 - shall include cars and other vehicles and all Instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or Implied, for the use thereof and all services In connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported...
Σελίδα 234 - 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.
Σελίδα 6 - And this is a politic establishment, contrived by the policy of the law, for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Σελίδα 585 - ... terminal facilities of every kind used or necessary in the transportation of the persons or property designated herein, including all freight depots, yards, and grounds, used or necessary in the transportation or delivery of any such property. The term 'transportation...
Σελίδα 33 - 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...
Σελίδα 243 - 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.
Σελίδα 544 - ... or any of them, contained in any parcel or package which shall have been delivered, either to be carried for hire or to accompany the person of any passenger...
Σελίδα 409 - ... to his injury in the performance. Unlike the case of common carriers, damage sustained- by the tow does not ordinarily raise a presumption that the tug has been in fault. The contract requires no more than that he who undertakes to tow shall carry out his undertaking with that degree of caution and skill which prudent navigators usually employ in similar services.

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