| Commerce - 1849 - 716 pages
...accountable to h!m or to his employers, in any event, for loss or damage. We think it would be going farther than the intent of the parties, upon any fair and...either in the sea-worthiness of the vessel, her proper equipments and furniture, or in her management by the master and hands." ******* " The respondents... | |
| Commerce - 1849 - 710 pages
...employers, in any event, for loss or damage. We think it would be going farther than the intent of tho parties, upon any fair and reasonable construction...negligence, or want of ordinary care, either in the sca-wortliincss of the vessel, her proper equipments and furniture, or in her management by the master... | |
| Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...any fair and reasonable construction of the agreement, were we to regard it as stipulating for wilful misconduct, gross negligence, or want of ordinary...either in the seaworthiness of the vessel, her proper equipments and furniture, or in her management by the master and hands. This is the utmost effect that... | |
| Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...terms as it can be, will not discharge a common carrier from liability for negligence, misfeasance, or want of ordinary care, either in the seaworthiness of the vessel, or her proper equipments and furniture ; nor is it allowed to exempt the carrier from accountability... | |
| John William Smith, John Innes Clark Hare, Horace Binney Wallace, John William Wallace - Law reports, digests, etc - 1855 - 1006 pages
...damage, could not upon any fair and reasonable construction, be regarded as stipulating for wilful misconduct, gross negligence, or want of ordinary...either in the seaworthiness of the vessel, her proper equitments and furniture, or her management by the master and hands. It was there held, that though... | |
| Alfred Conkling - Admiralty - 1857 - 502 pages
...and strong as its language was, the court was of opinion that "to regard it as stipulating for wilful misconduct, gross negligence or want of ordinary care,...either in the seaworthiness of the vessel, her proper equipments and furniture, or management would be inadmissible according to " any fair and reasonble... | |
| Oliver Lorenzo Barbour - Law reports, digests, etc - 1860 - 716 pages
...description of risk incident to the shipment. But we think it would be going further than the intention of the parties, upon any fair and reasonable construction...either in the seaworthiness of the vessel, her proper equipments and furniture, or in her management by the master and hands." A similar conclusion was arrived... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1864 - 624 pages
...arranging the train." "No. 8. The indorsement upon the pass given to the plaintiff can not be construed as stipulating for willful misconduct, gross negligence, or want of ordinary care in the running and management of the train by the agents of the company; if it were competent for the... | |
| Isaac Fletcher Redfield - Railroad law - 1867 - 930 pages
...any fair and reasonable construction of the agreement, were we to regard it as stipulating for wilful misconduct, gross negligence, or want of ordinary...management by the master and hands. This is the utmost effect that was given to a general notice, both in England and in this country, when allowed to restrict... | |
| United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 892 pages
...any fair and reasonable construction of the agreement, were we to regard it as stipulating for wilful misconduct, gross negligence, or want of ordinary...either in the seaworthiness of the vessel, her proper equipments and furniture, or in her management by the master and hands. This is the utmost effect that... | |
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