The Lawyers Reports Annotated Volume 1915

The Lawyers Reports Annotated Volume 1915

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ... regard to her property." In that case the defendant offered no evidence. How the loss occurred was in no way explained, nor was it shown what care was taken of the suit case by the trainman. In the case before us the plaintiff's suit case the use of a stateroom, in the absence of notice to the contrary, is a designation of the place in which the traveler may put his ordinary baggage, but not to the exclusion of the carrier, inasmuch as the whole vessel is in possession of the carriers, and subject to their control. If similarly deposited at an inn, it would be regarded as infra hospetium, and, as we have seen, the obligation and duties of carrier and innkeeper have been declared to resemble each other. The inn is subject to the control of the keeper, and the vessel in this case, as nlreacty stated, was under the management and control of the defendants. In providing thus for passengers, the carrier must be supposed to con.ract in regard to personal clothing with reference to its known use to be put on and taken off and changed to suit the comfort or whim of the owner. To hold that wearing an overcoat, when a passage was taken on board of the defendants' boat, and a stateroom was secured, imposed the obligation upon the plaintiff to hold that article of wearing apparel entirely in his possession, whether in or out of his stateroom, seems to be a legal conclusion that cannot reasonably be entertained. If the traveler, while using any article of dress, such use establishing the animus custodiendi for the time being, loses it, it is right that the carrier should be released from liability. But if, after it shall have been used temporarily, as in this case, it be restored to the locality provided for such things generally, or specially, as in...
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Product details

  • Paperback | 1038 pages
  • 189 x 246 x 52mm | 1,810g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236592573
  • 9781236592576