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

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Callaghan, 1902 - 785 pages
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Contents

Right of the bailor to compensation 75
45
By death of the bailee 83
51
For the sole benefit of bailor 96
53
Authorities not entirely harmonious 95
57
Failure to obey instruction or the terms of the bailment 99
59
Redelivery of the thing bailed 111
65
General subdivisions of the hiring bailments 120
71
Bailors right against third party against bailee 129
77
Contract relation 136
83
If the work is to be performed by the job and loss or injury occur
89
Reclaiming the property 150
95
Notice to the bailor that claims for defects must be made within
101
Lien by statute 161
109
LOCATIO CUSTODIÆ
111
Sale or bailment 175
117
At common law a warehouse receipt in a technical sense is not nego
126
Common carriers when warehousemen 182
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 225
175
If property not delivered Pledge when good 238
187
PLEDGING NEGOTIABLE PAPER
191
CHAPTER III
200
How affected by charter and bylaws of the company 250
206
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 282
242
May repledge 289
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 317
278
Foreclosure of the pledge where stocks are held on margins 322
284
PART THIRD
291
The test 331
297
Personal presence of the guest 338
305
When the pledgor is insolvent or a bankrupt
312
Liable as an innkeeper 349
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
Agents authorized to receive 438
401
Carrier not permitted to arbitrarily refuse to receive and ship 448
410
Duty to provide proper vehicles 457
416
Bill of lading as proof 462
422
Conclusiveness as to condition weight contents or value 464
429
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
Delay occasioned by deviation from route 497
466
When delay and deviation on account of strikes or riots 500
470
When the change deviation or delay from the stipulations in the con
479
Rule in different states as to limitation for negligence 511
485
Contract must be reasonable fair and without fraud 515
492
Contract limiting liability need not be in writing 518
498
Representations of the shipper fraudulent or otherwise
511
Decisions of states not harmonious
520
Liable only over his own line except when contract is for further lia
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
The requirements of the carrier upon arrival of the goods at destina
564
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
Impied obligation
628
Safe and sufficient means of transportation
634
LIABILITY GROWING OUT OF DUTY TO PASSENGER WHILE IN TRANSIT
642
Liability of carrier for abuse of passengers 632
647
Where the carrier or agent is at fault 634
653
Sleepingcar companies 641
660
Tendering fare to avoid ejection 646
666
Same subject 656
674
Carrier can limit liability even though damage
680
Limitations growing out of that which is incident to the carriage 665
686
BAGGAGE OR THE PASSENGERS EFFECTS
688
The owner of the baggage should be a passenger 678
698
What proofs should be adduced
702
The baggage of a steerage passenger 687
707
Defendants proofs
718
Damages for refusal to receive and transport 709
726
When the injury does not result in death 717
732
Actual exemplary punitive or vindictive damages
739
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Common terms and phrases

Popular passages

Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 19 - 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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