Any other cause arising without the actual fault and privity of the carrier and without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither... United States Code - Page 7840by United States - 1959Full view - About this book
| Lewis Richard Lipsett, Thomas John Day Atkinson - 1928 - 980 pages
...due diligence : (g) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants...of the carrier contributed to the loss or damage. (8) 4. Any deviation in saving or attempting to save life or property at sea, or any reasonable deviation... | |
| United States. Department of State - 1929 - 820 pages
...by due diligence. (q) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants...the carrier contributed to the loss or damage. 3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising... | |
| United States. Congress. House. Merchant Marine and Fisheries - 1930 - 138 pages
...latest defects not discoverable by due diligence ; any other cause arising without the actual fault or privity of the carrier and without the fault or neglect...the person claiming the benefit of this exception. Mr. ABERNETHY. The carriers get Q and you get down now to changing the burden of proof. Mr. HAIGHT.... | |
| United States. Congress. House. Committee on Merchant Marine and Fisheries - 1930 - 140 pages
...latest defects not discoverable by due diligence ; any other cause arising without the actual fault or privity of the carrier and without the fault or neglect...the person claiming the benefit of this exception, Mr. ABERNETHY. The carriers get Q and you get down now to changing the burden of proof. Mr. HAIGHT.... | |
| United States. Congress. House Merchant Marine and Fisheries - 1936 - 210 pages
...construed to relieve a carrier from responsibility for the carrier's own acts ; "(1) Saving or attempting to save life or property at sea; (m) Wastage in bulk...the carrier nor the fault or neglect of the agents or servants of the currier contributed to the loss or damage. (3) The shipper shall not be responsible... | |
| United States. Congress. House. Committee on Merchant Marine and Fisheries - 1936 - 136 pages
...defects not discoverable by due diligence; (q) Any other cause arising without the actual fault or privity of the carrier and without the fault or neglect...of the carrier contributed to the loss or damage. Section 4 (2) (b) of the bill, notwithstanding the saving provisions of section S, is thought to be... | |
| United States - 1938 - 444 pages
...from inherent defect, quality, or vice of the goods; (n) Insufficiency of packing; (e) Act of war; (o) Insufficiency or inadequacy of marks; (p) Latent...privity of the carrier nor the fault or neglect of the agenta or servants of the carrier contributed to the loss or damage. (3) The shipper shall not be responsible... | |
| United States. Congress. Senate. Committee on Finance - 1938 - 448 pages
...from — "(q) Any other cause arising without the actual fault (or) arid privity of the carrier (or) and without the fault or neglect of the agents or...of the carrier contributed to the loss or damage." 8. Section 4, subsection (4) of the Act contains a proviso which is not in the Convention to the effect... | |
| United States - 1938 - 444 pages
...from — "(q) Any other cause arising without the actual fault (or) and privity of the carrier (or) and without the fault or neglect of the agents or...of the carrier contributed to the loss or damage." 8. Section 4, subsection (4) of the Act contains a proviso which is not in the Convention to the effect... | |
| Francis R. Eldridge - 1938 - 320 pages
...by due diligence. (q) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants...the carrier contributed to the loss or damage. 3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising... | |
| |