Arkansas Reports; Cases Determined in the Supreme Court of the State of Arkansas, at the ... Volume 60

Arkansas Reports; Cases Determined in the Supreme Court of the State of Arkansas, at the ... Volume 60

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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. 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; more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 1236912616
  • 9781236912619