The American and English Railroad Cases; A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913]. Volume 17

The American and English Railroad Cases; A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913]. Volume 17

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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. 1900 edition. Excerpt: ...the intention of the plaintiff in error to remain liable as a common carrier while the goods were stored in its warehouse at the point of destination until notice of their storage was given to the consignee, but the evident purpose of this notice was simply to notify the consignee that if he did not remove his goods at a certain time he would likewise be charged with storage. The only custom, then, the record tends to establish was for the company to give such notice to a party before preferring against him a charge for demurrage, and we cannot see how it can be implied from this custom that the company thereby agreed to remain liable as a common carrier up to the time of the notice in reference to storage. It is true there was some evidence introduced in behalf of the plaintiff below by two or three witnesses that they had received notices to the effect that, unless their goods were removed from the company's warehouse, they would be held or stored at the owner's risk. It might with plausible force be argued that a notice of this sort carried with it the implication that the common carrier retained the goods entirely at its own risk as a common carrier or an insurer of their safety until this notice is given. But the evidence in the record absolutely fails to establish anything like a general custom of the company to give such notice, and it was only shown in one or two isolated instances. The testimony in behalf of the company was to the effect that there was no special custom of dealing with customers in reference to giving them notice in regard to the arrival of freight; that R Cas Georgia & A. Ry. Co. v. Pound they were sometimes notified by postal cards, sometimes by telephone, by draymen, and in person; and we think there is...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236948068
  • 9781236948069