Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 182

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 182

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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. 1915 edition. Excerpt: ...in that respect fairly entered into, upon a proper consideration. Uniformity and equality can not be obtained in any other way. As to the question of the execution of the contract, the instruction could only be justified upon the theory that appellee must either have executed it himself, or known 4. of, or specifically authorized its execution, and the jury was so instructed by instruction No. 4, and under such circumstances, the jury was clearly misinstructed, and could not well have answered otherwise than 5. it did. The court was also requested to instruct by appellant 's instruction No. 4, that if appellee left the mare with Ross to be shipped, or if he left her with some other person to be shipped, that Ross in the one case, or the other person in the other case, was authorized to execute the contract, and that it is binding upon appellee. We see no escape from the proposition that this was error both ways, unless appellee was denied the right to ship without Cleveland, etc., R. Co. v. Bllnd--182 Ind. 898. limitation of liability or the act of 1905 is valid and controls. Appellee asserts a denial of the right of shipping under the common-law liability, based upon a clause in the schedule of classification and rates, reading as follows: "Agents will be careful to explain the following requirements to shippers, viz., race horses, stallions, and other high priced animals, when consignors are unwilling to have the same transported at the above list of values, (referring to limited valuation) will be taken only by special arrangement, at one and one-half first class rates, calculated at the estimated weight named below, (the shipping weight) but agents must not accept for shipment such valuable animals without first...show more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236911873
  • 9781236911872