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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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Roscoe's Digest of the Law of Evidence on the Trial of Civil Actions, Τόμος 1

Henry Roscoe, James Sands Henderson - 1922 - 812 σελίδες
...(Oakley v. Portsmouth, <fc., Steam Packet Co., 11 Ex. 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, and which " could not have been prevented by any amount of foresight...

Cases on Bailments and Public Callings: With Especial Reference to Common ...

Hugh Evander Willis - 1923 - 1036 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...

Cases on the Law of Public Service: Including the Law Peculiar to Common ...

Charles Kellogg Burdick - 1924 - 772 σελίδες
...law presumes against the carrier, unless he shews 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...

Cases on the Law of Public Utilities

Young Berryman Smith, Noel Thomas Dowling - 1926 - 1310 σελίδες
...law presumes against the carrier unless he shews 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 Central Law Journal, Τόμος 30

1890 - 572 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 tempests. If an armed force came to rob the carrier of the goods, he is liable; and a reason is given in the...

Cases on the Law of Carriers: Including the Interstate Commerce, Bills of ...

Frederick Green - 1927 - 896 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 Central Law Journal, Τόμος 82

1916 - 512 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...

Cases Argued and Decided in the Supreme Court of the United States ..., Τόμος 2

United States. Supreme Court - 1910 - 710 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...

Manager's Guide to Freight Loss and Damage Claims

Colin Barrett - 2003 - 404 σελίδες
...law presumes against the carrier unless he shows [the loss or damage] was done by. . . such act as could not happen by the intervention of man, as storms, lightning and tempests."33 This follows the standard legal definition of an act of God as "[a]n overwhelming, unpreventable...
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Pennsylvania State Reports, Τόμος 41

Pennsylvania. Supreme Court - 1863 - 590 σελίδες
...introduced a somewhat different view ; holding that, to be an act of God, it must be such a one " as could not happen by the intervention of man, as storms, lightning, and tempests." He calls this a liability independent of the contract, and says it appears in all the cases for the...




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