| 1909 - 1164 σελίδες
...performance of his duties. But a stipulation as to the value of the goods to be shipped has no such tendency. It exacts from the carrier the measure of care due to the value agreed on, and is, we think, a proper and lawful mode of securing a due proportion between the amount for which... | |
| New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1886 - 628 σελίδες
...rule in this state to be, that a earner may so exempt himself. The court said in the Hart case : " The limitation as to value has no tendency to exempt from liability as to negligence. It does not include want of care. It exacts from the carrier the measure of care... | |
| 1888 - 1048 σελίδες
...been told by the plaintiff the sum inserted in the contract. The limitation as to value has notendency to exempt from liability for negligence. It does not...in that value for negligence. The compensation for carnage is based on that value. The shipper is estopped from saying that the value is greater. The... | |
| Arkansas. Supreme Court - 1888 - 642 σελίδες
...the freight and secure the carriage 410 SUPREME COURT OF ARKANSAS, St. L., IM & 8. By. Co. v. Weakly. if there is no loss; and the effect of disregarding...care due to the value agreed on. The carrier is bound t» respond in that value for negligence. The compensation for caraiage is based on that value. The... | |
| 1915 - 1288 σελίδες
...has no tendency to exempt from liability for negligence ; that it does not induce want of care, but exacts from the carrier the measure of care due to the value agreed on. The decision of that case was placed upon the distinct ground that such a contract is valid when fairly... | |
| Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1890 - 700 σελίδες
...contract. VOL. 30.1 C. & NW Ry. Co. v. Chapman. In Hart v. Pa. Co., ll2 US, 340, 34l, the court say : "The limitation as to value has no tendency to exempt from liability for negligence. * * * The carrier must respond for negligence up to that value." And in L. & N. Co. v. Sherrod, 4 S.... | |
| John Lewis - 1892 - 846 σελίδες
...for, as stated by Blatchford, J., in Hart v. Railroad Co., 112 US 331, 340; 5*Sup. Ct. Rep'r, 151, "The limitation as to value has no tendency to exempt...It does not induce want of care. It exacts from the carriers the measure of care due to the value agreed on. The carrier is bound to respond in that value... | |
| |