This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1895 edition. Excerpt: ...the defendant. The cotton
was set fire to and destroyed by a tramp on the night of the 27th
of November, 1891. The dominant question in the case, as presented
by the pleadings, the proof, and the instructions, is, was there a
delivery? L when When the shipper surrenders the entire custody of
caarriery of his goods to the carrier for immediate transportation,
commences... and the carrier so accepts them, eo instanti the
liability of the common carrier commences. When this occurs, the
delivery is complete, and it matters not how long, or for what
cause, the carrier may delay putting the goods in transitu; if a
loss is sustained, not occasioned by the act of God or the public
enemy, the carrier is responsible. But, on the contrary, as there
is no divided duty of safe keeping, and no apportionment, in the
event of a loss, between the owner and the carrier, the surrender
of control over the goods by the shipper must be such as to give
the carrier the unqualified right to put at once in itinere, and
the carrier must have received them for that purpose. So that, when
goods are delivered to the carrier that are not yet ready for
shipment, awaiting further orders from the owner, or the happening
of some contingency or compliance with some condition before they
are ready to be moved, the liability of the carrier in the
meanwhile can be no greater than that of an ordinary depositary or
bailee. These general principles are rec ognized by all the
authorities. Hutch. on Car. sees. 82, 88, 89, 94; Angell on Car.
sees. 129-131; 2 Rorer on Railroads, 1279; 2 Redfield on Railways,
67, et seq.; L. R. & F. S. Railway v. Hunter, 42 Ark. 203;
O'Neill v. N. Y. Cent. etc. R. Co. 60 N. Y. 138; Rogers v. Wheeler,
52 N. Y. 262; Story on Bailments, sec. 532;...
|Country of origin:
Arkansas Supreme Court
||246 x 189 x 11mm (L x W x T)
||Paperback - Trade
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