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

Εξώφυλλο
Callaghan, 1902 - 785 σελίδες
 

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Περιεχόμενα

CHAPTER VI
53
Termination of the relation and bailors remedies 100
59
Redelivery of the thing bailed 111
65
General subdivisions of the hiring bailments 120
71
Bailors right against third party against bailee
77
Contract relation
83
If the work is to be performed by the job and loss or injury occur
89
Where skill as well as care is required
96
The lien of the bailee in locatio operis faciendi bailments
102
Lien by statute
109
LOCATIO CUSTODIÆ
111
Sale or bailment
117
At common law a warehouse receipt in a technical sense is not nego
126
Common carriers when warehousemen 82
135
Storagehouse keepers 190
141
Liability of bailee in custodiæ bailments 200
149
Does the burden of proof of negligence shift 205
155
Negligence of servants 208
161
Delivery misdelivery nondelivery 210
162
PART SECOND
169
Property not in existence or acquired 2 5
175
If property not delivered Pledge when good 238
187
PLEDGING NEGOTIABLE PAPER
191
The pledging of corporate stock 246
201
The pledgee protected as against creditors 251
207
Bills of lading subject of pledge 233
216
Bona fide holder from agent of owner or one having apparent title 260
224
Notes and mortgages and bonds and mortgages 270
230
Pledgor of valuable securities Notes bonds mortgages etc 276
236
As to notice of intention to redeem
242
May repledge
248
CHAPTER V
255
Foreclosure of the pledge of corporeal property 301
261
The utmost good faith demanded in the matter of the notice of sale 306
267
Rights remedies and liabilities of the pledgor and pledgee of negotia
272
Pledgee may recover in an action on the negotiable securities
278
The rights and liabilities of the pledgor after default
286
CIIAPTER II
302
Personal presence of the guest 338
305
Limitations 344
311
CHAPTER III
318
Liability and exceptions analyzed 351
324
By reason of the inherent nature of the property 357
331
If a boarder not a guest 364
338
Limiting liability 372
344
COMPENSATION AND LIEN OF THE INNKEEPER
346
The property of third persons 379
352
Cannot be revived 386
358
Carrier may fix time and place for receiving 445
407
Action for refusal to accept and transport goods 453
414
Its negotiability 459
420
Authorities not entirely harmonious 463
427
The act of God 469
434
The diligence required on the part of the carrier 475
440
Loss from mistake or intermeddling on the part of the shipper 483
448
Statutes of United States with reference to duties of the carrier 490
456
lic enemy
459
Delay occasioned by deviation from route 497
466
Often duty of the carrier to delay or deviate from course 499
468
CHAPTER VIII
474
Cannot limit liability when the loss is the result of the negligence
482
Contract must be reasonable fair and without fraud
492
Contract limiting liability need not be in writing
498
Representations of the shipper fraudulent or otherwise
511
Decisions of states not harmonious
520
Authority to make contract binding connecting carriers
527
CHAPTER X
534
Right of carrier to collect its advances to connecting carriers
544
The interstate commerce act
550
For what charges will the lien attach
558
Requirements as to delivery
563
CHAPTER XI
566
Where consignee fails to receive the goods or refuses to receive them
570
Termination of liability
585
Some requisites to the right to exercise stoppage in transitu
591
CARRIERS OF PASSENGERS
597
Drovers
606
Persons violating reasonable regulations
612
CHAPTER II
618
Vehicles machinery roadways tracks etc
628
Safe and sufficient means of transportation
634
LIABILITY GROWING OUT OF DUTY TO PASSENGER WHILE IN TRANSIT
642
WHEN THE CARRIER IS EXCUSED
669
659
678
Kinds of baggage
688
Payment of excess baggage
696
Sleepingcar companies
702
CHAPTER VI
709
What proofs should be adduced
718
Damages for refusal to receive and transport
726
When the injury does not result in death
732
Actual exemplary punitive or vindictive damages
739
Rights and duties to third parties
741
152
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Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 11 - Bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

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