Federal Decisions: Cases Argued and Determined in the Supreme, Circuit and District Courts of the United States, Volumen5Gilbert Book Company, 1884 |
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Términos y frases comunes
admiralty agent agreement alleged appears arrival authority baggage bailee bales barge bill of lading boat bound cargo carry cause champerty charge charter charter-party Circuit Court circumstances claim claimants common carrier common law consignee contract of affreightment cotton damage deck decree defendant defendant's delay delivered delivery demurrage discharge district court dunnage duty entitled evidence express company flour freight held injury jurisdiction jury land liability libelants lien loss maritime maritime lien master merchandise navigation negligence notice opinion ordinary Orleans owner paid parties passengers peril person plaintiff plaintiff in error port proof proper public enemy question railroad company reasonable receipt received recover refused responsibility rule schooner ship ship-owner shipment shipper Southern Express Company special contract STATEMENT OF FACTS steamboat steamer stipulation stowage stowed suit testimony tion tort tranship transportation unloading usage vessel voyage wharf wheat witnesses York
Pasajes populares
Página 289 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 116 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Página 226 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Página 110 - And the trial of issues in fact, in the district courts, in all causes except civil causes of admiralty and maritime jurisdiction, shall be by jury.
Página 422 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Página 621 - Code undertook to abolish these distinctions by enacting that "every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it.
Página 244 - In witness whereof the master or purser of the said vessel hath affirmed to four bills of lading, all of this tenor and date ; one of which being accomplished the others to stand void.
Página 555 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.
Página 185 - Cavanaugh and the corporation was signed, and in this connection our attention is called to the rule that parol evidence is not admissible to vary or contradict the terms of a written instrument; but this rule has no application in a criminal case.
Página 352 - But when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident or inevitable necessity, because he might have provided against it by his contract.