This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1885. Excerpt: ... 416; Bill v. Kansas, etc., R. Co., 03 Mo. 814;
Capenart v. Seaboard, etc., B. Co., 77 N. C. 855. Notice of Claim
not Condition Precedent.--A clause requiring a claim for loss or
damage to be presented within a specified time after the goods are
delivered has no application in a case where there has been no
delivery of the goods. Porter v. Southern Express Co., 4 8. C. 185.
Such a clause has in some cases been held not a condition precedent
to plaintiff's right of action. If relied on as a defence, it must
therefore be specially set up. Westcott v. Fargo, 61 N. Y. 452.
Kiff V. Atchison, Topeka & Santa Fe Railboad Co. (Advance Case,
Kansas, 1884.) A railroad company received merchandise to be
transported to a point beyond its own line of railroad, over its
own and other lines of railroad connecting with it, and gave to the
shipper its receipt stating that the merchandise was shipped "at
owner's risk." Held, that this receipt is a special contract
limiting the liability of the carrier, and that such connecting
lines of railroad are entitled to the benefits of the exemption
from liability specified in it, and that neither of the companies
owning such connecting lines is liable for damages to the
merchandise transported, unless it is shown that such damages arose
from the negligence of the company sought to be charged. On a trial
before the court and a jury, if the evidence of the plaintiff tends
to sustain his cause of action, the court should submit the case to
the jury; but if the evidence of the plaintiff fails to sustain the
main issue, or any material issue in the case, it is not error in
the trial court to sustain a demurrer to the evidence. Ekeok from
Reno county. James McKinxtry, for plaintiff in error. A. A. JTurd,
for defendant in error. Hurd, J.--T...
General Books LLC
|Country of origin:
||246 x 189 x 18mm (L x W x T)
||Paperback - Trade
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