 | Charles Patrick Daly - 1870 - 604 σελίδες
...against the carrier, unless he shows that the injury was done by public enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests." It has been repeatedly held that a common carrier cannot, by a special acceptance, or by simply delivering... | |
 | 1916 - 506 σελίδες
...precaution of the carrier could prevent; but the phrase, 'act of God' denotes natural accidents that could not happen by the intervention of man, as storms, lightning and tempest. The expression- excludes all human agency." A Mixed Question of Law and Fact: "The 'act of... | |
 | Isaac Grant Thompson - 1875 - 840 σελίδες
...give room for collusion, that the master may contrive to be robbed on purpose and share the spoil. In this case, it does not appear but that the fire arose from the act of some miin or other. It certainly did arise from some act of man, for it is expressly stated not to have... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1882 - 886 σελίδες
...the act of God, and that the company is not liable. It has been determined, that "such an accident as could not happen by the intervention of man, as storms, lightning and tempests," (Lord Mansfield in Forward v. Pittard, 1 TR 27) "those losses that are occasioned by the violence of... | |
 | United States. Supreme Court - 1882 - 758 σελίδες
...presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention of man, as storms, lightning and tempest." " If an armed force comes to rob the carrier of the goods, he is liable; and the true reason... | |
 | Isaac Grant Thompson - 1883 - 958 σελίδες
...the act of God, and that the company is not liable. It has been determined that " such an accident as could not happen by the intervention of man, as storms, lightning and tempests" (Lord Mansfield in Forward v. Pittard, 1 TR 27), " those losses that are occasioned by the violence... | |
 | Edmund B. Ivatts - 1883 - 1168 σελίδες
...law presumes against the carrier unless he shows it was done by the King's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests. If an armed force came to rob the carrier of the goods he is liable, and a reason is given in the books,... | |
 | Henry Roscoe - 1884 - 834 σελίδες
...Oakley v. Portsmouth, tC-c. .S'tew Packet Co., 1 1 Exch. 623 ; 25 LJ, Ex. 101, per Martin, В.; which, "could not happen by the intervention of man, as storms, lightning, and tempests ; " Forward v. Pittard, 1 TR 33, per cur.; and which " could not have been prevented by any amount... | |
 | 1914 - 1230 σελίδες
...man, adding 'that the law presumes against the carrier, unless he shows it was done by such an act as could not happen by the intervention of man, as storms, lightning, and tempest" " (The italics are ours.) SubstanUally the same definition is given in Polack v. Pioche, 35... | |
 | 1886 - 848 σελίδες
...give room for collusion, that tho master may contrive to be robbed on purpose and share tho spoil. In this case it does not appear but that the fire arose from the act of some man or other. It eertailly did arise from some act of man; for it is expressly stated not to have happened by lightning.... | |
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But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier, unless he shows it was done by the king's enemies, or by such act as could not happen by the intervention... 
