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The American and English Railroad Cases (Volume 18); A Collection of All the Railroad Cases in the Courts of Last Resort in America and England (Paperback) Loot Price: R410
Discovery Miles 4 100
The American and English Railroad Cases (Volume 18); A Collection of All the Railroad Cases in the Courts of Last Resort in...
The American and English Railroad Cases (Volume 18); A Collection of All the Railroad Cases in the Courts of Last Resort in...

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The American and English Railroad Cases (Volume 18); A Collection of All the Railroad Cases in the Courts of Last Resort in America and England (Paperback)

Lawrence Lewis

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Loot Price R410 Discovery Miles 4 100

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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

Imprint: General Books LLC
Country of origin: United States
Release date: 2012
First published: 2012
Authors: Lawrence Lewis
Dimensions: 246 x 189 x 18mm (L x W x T)
Format: Paperback - Trade
Pages: 344
ISBN-13: 978-1-154-01186-9
Barcode: 9781154011869
Categories: Books
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LSN: 1-154-01186-0

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