The Law of Loss and Damage Claims: Including the Cummins Amendment, Bill of Lading Act, Twenty-Eight Hour Law, and Standard Claim Forms |
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The Law of Loss and Damage Claims: Including the Cummins Amendment, Bill of ... Herbert Confield Lust No preview available - 2023 |
Common terms and phrases
Adams Express Co agent arrival baggage bill of lading Carmack Amendment carrier is liable carrier's liability cattle caused Cent Chicago claimant common carrier condition connecting carrier consignee consignor contract of shipment Cummins Amendment declared delay delivering carrier delivery destination duty evidence fact failure Fargo & Co federal filed held horses initial carrier injury Interstate Commerce Act Interstate Commerce Commission interstate shipment jury live stock loaded loss and damage loss or damage Louisville & N. R. market value measure of damages ment Missouri N. R. Co N. Y. Supp negligence Norfolk Southern notified plaintiff provision public enemy question Railway rates reasonable receipt received recover rier rule ship shipment of live shipper Southern Express Co statute stipulation tariff terminal carrier Texas thereof tion transit transportation uniform bill unloaded unreasonable valuation
Popular passages
Page 193 - That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it...
Page 313 - Where a negotiable bill has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient surety to be approved by the court...
Page 319 - If, however, a negotiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu...
Page 316 - A creditor whose debtor is the owner of a negotiable bill shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such bill, or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.
Page 317 - That a person to whom an order bill has been duly negotiated acquires thereby — a. Such title to the goods as the person negotiating the bill to him had or had ability to convey to a purchaser in good faith for value...
Page 57 - ... should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 306 - An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, and all Acts amendatory thereof, and to enlarge the powers of the Interstate Commerce Commission...
Page 320 - Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding $5,000, or both. Sec. 42. First, That in this Act, unless the context of subject matter otherwise requires — "Action" includes counterclaim, set-off, and suit in equity.
Page 195 - States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such receipt or bill of lading, or in any contract, rule, regulation, or in any tariff filed with the Interstate Commerce Commission; and any such limitation, without respect to the manner or form in which it is sought to be made is declared to be unlawful and void...
Page 194 - Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.