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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... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Σελίδα 197
των New York (State). Supreme Court, John Lansing Wendell - 1846
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A Treatise on the Law Relating to the Carriage of Goods by Sea

Thomas Gilbert Carver, Robert Alderson Wright Baron Wright - 1909 - 1156 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 tempests. If an armed force come to rob the carrier of the goods, he is liable ; and a reason is given in the...

The Revised Reports: Being a Republication of Such Cases in the ..., Τόμος 105

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1909 - 900 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." Again, in the case of The Company of the Trent Navigation v. Wood (I), Lord MANSFIELD said,...

Cases on the Law of Carriers

Frederick Green - 1910 - 650 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 tempests. If an armed force come to rob the carrier of the goods, he is liable; and a reason is given in the...

Ruling Case Law: As Developed and Established by the Decisions and ..., Τόμος 4

William Mark McKinney, Burdett Alberto Rich - 1914 - 1318 σελίδες
...has been at the basis of the modern narrow conception of the term, namely, that it is such an act as could not happen by the intervention of man, as storms, lightning and tempests. That "act of God" must mean something in opposition to the act of man seemed to him indisputable, for,...

Modern American Law: A Systematic and Comprehensive Commentary on ..., Τόμος 13

Eugene Allen Gilmore, William Charles Wermuth - 1914 - 840 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 tempests. If an armed force come to rob the carrier of the goods, he is liable: and a reason is given in the...

Lawyers' Reports Annotated

1915 - 1306 σελίδες
...man, adding 'that th'i law presumes against the oarrior, unless he shows it was done by such an act as could not happen by the intervention of man, as storms, lightning, and tempest.' " LRA1915C. (The italics are ours.) Substantially the same definition is given in Polack...

The Southeastern Reporter, Τόμος 88

1916 - 1274 σελίδες
...against the carrier, unless he shows it was done by the king's enemies, or by such an accident, as could not happen by the intervention of man; as storms, lightning, and tempests." The carrier is rendered, thus liable on motives of public policy. The court uses the following language...

The Southeastern Reporter, Τόμος 88

1916 - 1138 σελίδες
...against the carrier, unless he shows it was done by the king's enemies, or by such an accident, as coulc! not happen by the intervention of man, as storms, lightning, and tempests." The carrier Is rendered thus liable on motives of public policy. The court uses the following language...

A Selection of Cases on Carriers and Other Bailment and Quasi-bailment Services

Joseph Henry Beale - 1920 - 700 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. In the case of the Trent Proprietors v. Wood (4...

Treatises in an Interstate Commerce and Railway Traffic Course, Τεύχη 1-9

La Salle Extension University - 1920 - 778 σελίδες
...presumes against the carrier, unless he shows that 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 come to rob the carrier of the goods, he is liable; and a reason is given...




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