Case and Comment Volume 7-9

Case and Comment Volume 7-9

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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: carrying them or their goods free or for less than the usual, reasonable rates, so long as it is merely a matter of favor to those individuals, and works no injury to others. In respect to the duty of a carrier to furnish railroad cars for shippers who wish to ship by the carload, the common law imposed some obligation on the carrier, but this duty has in many cases been defined and supplemented by statute, with the result that the carrier must use reasonable care and diligence to provide the necessary cars in view of all the circumstances of the case. The Texas statute imposing a penalty on railroad companies for failure to furnish cars to shippers was enforced in Houston, E. & W. T. R. Co. v. Campbell, 91 Tex. 551, 43 L. R. A. 225. Where the railroad company has made a contract to furnish cars at a certain time its obligations are much more onerous than those imposed by law. A reasonable excuse for failure to perform the duty will be sufiioient when the duty is imposed only by law, but, if the obligation is imposed by contract, the circumstances which will excuse the failure to furnish the cars must be such as will constitute an excuse for nonperformance under the principles of law governing contracts. Since carriers are under obligation to furnish cars when required by shippers, and since there are at least some restrictions, even at common law, on the discrimination which a carrier may make between its patrons, there ought to be some right of shippers to demand fair treatment as between themselves and other shippers in the supply of railroad cars. In cases to which the Interstate Commerce Act applies it is certainly clear that unjust discrimination is illegal. A very valuable case on this subject is that of United States ea: more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236778391
  • 9781236778390