Case and Exceptions and Return on Appeal

Case and Exceptions and Return on Appeal

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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. 1879 edition. Excerpt: ... fire days exposed to freezing weather, while during thoxe (/ai/x other carx, received after the car in j next ion, ivere run past it and past the alleged blockade, wax not an act of negligence in the execution of the contract, hut an entire and intentional altondoninent of all effort to perform the-contract for the time, thax constituting a lireach of the contract, and the respondent 'wax liahle. The facts in this case are strikingly similar to those in KrenelJ 't til. I'M. (rl'illltJ Trunk If. It. Vo. of ('(lildttfl, 59 Hai-l., 104; affirmed 47.V. F., 525, where both tlie (ienend Term and this court held as above. The only difference seems to be that in the Keeney case the freight was delayed that other freight which was about to become dutiable might be hurried across the Canadian border; while, in the present case, the trees were abandoned for some other reason, but unnecessarily, as shown by the facts. It makes little difference what that reason was, provided the abandonment of the car at Manlius was deliberate, intentional, entire and unnecessary. The loss is as total, and the damage to the shipper is as great, if his freight is abandoned for one reason, as if for another; and the carrier is as much liable in the one case as in the other, provided the abandonment is unnecessary. The abandonment was Mibefntf and Intrntiona; for it was the result of the telegraphic order from the assistant superintendent, Priest, to the conductor of the train, Ilelmer (fols. 104, H5). The abandonment was intnri'exxni'y; for Ilelmer, the conductor, testified that he could have drawn the cars on to Syracuse hut for the order (fols. 1(54--1(7), and the facts show that other cars were drawn past it for five days. The abandonment was entire; for the more

Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236754220
  • 9781236754226