A Digest of Railway Decisions; Embracing All the Cases from the Earliest Period of Railway Litigation to the Present Time in the United States, England and Canada Volume 5

A Digest of Railway Decisions; Embracing All the Cases from the Earliest Period of Railway Litigation to the Present Time in the United States, England and Canada Volume 5

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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. 1896 edition. Excerpt: ... in cases of loss or injur_y.-/Vhere a person xnds goods by express and they fail to arrive at their destination. this raises against the company the presumption of the want of ordinary care. The company has it within its power to trace the goods, whilst it is not so with the shipper, and hence the burden is upon the carrier to show that he has used reasonable care, notwithstanding he may have stipulated that he was only to be held liable for gross negligence. Adams Exp. Co. v. Stetta/zerr, 61 Ill. 184. In an action to recover the value of goods delivered to an express company, where no explanation is given for its failure to deliver the goods, it may be inferred that they are still in the hands of the company, and are withheld from the owner. A/lam; Exp. Co. v. Holmes, (Pa.) 30 Am. 6 Eng. 11'. Cas. 14, 9 All. Rep. 166. If goods are lost or injured while in the custody of an express company, in the absence of explanation which rebuts the presumption of negligence, it will be presumed that the loss or injury was occasioned by the negligence of the company, and the carrier will be liable for the actual value of the goods. Adams Exp. Co. v. 1-Iolmss, (Pa.) 30 A/n. 6-Eng. 11'. Car. 14, 9 Atl. Rep. 166. A pri/nafacie case being made against a carrier for injury to goods while in transit, the burden is on him to show affirmatively that they were injured in a manner for which he is not liable under his contract. 1Va2/e v. Parzfio Exp. Co., 19 Mo. App. 563. The presumption is that goods delivered to a carrier in good condition, and by him delivered to the consignee in an injured condition, were injured while in the carrier's possession. Nm/e v. Parzfic Exp. Co., 19 /llo. App. 563. Bowden v. Fargo, 2 Misc. (/V. V.) 551. 33. Liability...show more

Product details

  • Paperback | 850 pages
  • 189 x 246 x 43mm | 1,488g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236933257
  • 9781236933256