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EVIDENCE IN CIVIL ACTIONS,
AND ARBITRATION & AWARDS:
THE NEW RULES,
THE STATUTES OF SET-OFF, INTERPLEADER, & LIMITATION,
AND THE DECISIONS THEREON.
BY ARCHIBALD JOHN STEPHENS,
BARRISTER AT LAW.
IN THREE VOLUMES.
LONGMAN, BROWN, GREEN, AND LONGMANS,
1. CARRIERS DEFINED, pp. 961–964.
Conveyance of goods for all persons for hire constitutes a carrier Distinction between
a private person undertaking the carriage of goods and a common carrier -- Difference as to the degrees of care between a mandatary and a carrier Persons usually denominated carriers Proprietors of mails and stage coaches - Owners and masters of ships Hackney coachmen Distinction between carriers and warehousemen Postmaster-general not a common carrier Postmaster and inferior officers responsible for personal negligence — Deputy postmaster liable for the non delivery of a letter - Town carman not a common carrier.
2. GENERAL Extent oF LIABILITY, pp. 964–979.
Expression “ Act of God" defined — The law presumes against carriers except such
acts as could not happen by the intervention of human means — - King's enemies Intermediate carriers An erpress declaration of the value of articles entrusted to a carrier must be given - NEGLIGENCE — Certain standard or degrees of care — Responsibility for gross neglect Province of the jury to determine the question of gross negligence
What is negligence Person not a common carrier agreeing to carry goods for hire - Carrier cunnot absolve himself from responsibility when he has the meuns of observing the risk- CARRIERS BY WATER — STATUTORY RESTRICTIONS ON THE LIABILITY OF CARRIERS BY LAND When carrier entitled and not entitled to the protection of stat. 11 Geo. 4. and I Will. 4. c. 68. — Common law liability cannot be qualified by a public notice Carrier can enter into a special contract - Lookingglass within the meaning of stat. 11 Geo. 4. and i Will. 4. c. 68. — Judgment of Mr. Baron Bayley in Owen v. Burnett -- A receiving house within the foregoing statute
Responsibility limited beyond the common law exception — Loss not occasioned by a neglect of the common and ordinary duty of defendant — Liability of wharfinger similar to that of a carrier — STATUTORY RESTRICTIONS ON THE LIABILITY OF CARRIERS BY WATER - Stats. 7 Geo. 2. c. 15., 26 Geo. 3. C. 86., 53 Geo. 3. c. 159., and 6 Geo. 4. c. 125. Goods stowed on deck FRAUD OR CONCEALMENT - LIABILITY FOR SERVANTS —
RIGHTS AND LIABILITIES OF PARTNERS.
3. Conveyance of Goods, pp. 979—982.
Duties of carriers are created by the possession of the goods — Liability of carrier for
the safety of goods attaches immediately upon delivery - Delivery OF GOODS — Where, and to whom, carrier bound to deliver goods What is and is not a delivery of goods to a carrier.
4. CONVEYANCE of Persons, pp. 982–986.
Distinction between a contruct to carry goods and one to carry passengers — Negligence
is implied when a coach is overturned -- Proper carriages must be provided —- Defective construction Couch laden with passengers or luggage above its strength — Competency and duties of coachmen Customary rules for driving -- Proprietor answerable for negligence of driver Deviation from the road - Driving with loose reins, and not acquainting passengers of danger RightS AND LIABILITIES OF PAS
Fure and lien upon luggage for its amount Passenger can refuse going with an illegal number of passengers - Passenger bound to be conveyed to the termination of journey Periods for refreshment.
5. LIEN AND REMUNERATION, pp. 986, 987.
Extent of carrier's lien Carriers seeking to retain for a general balance — No usage
of particular individuuls will release a carrier from responsibility — Currier cannot make one consignee pay freight for what was delivered to another Cannot question the title of consignor - Not justified in making a charge where no duty has been performed.