Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 25

Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 25

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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. 1887 edition. Excerpt: ... words " via District Railway Co'y," and it was held that Mar-neiuru the defendants, having invited or knowingly permitted the Tm fiinon, plaintiff to travel in their train, were bound to make reas0n-!=--0' 31' able provision for his safety, and that there was evidence of their liability, even assuming the ticket not to have been issued by or for them, but by the South Western Company. In this case Grove, J., says (p. 277): "Then comes the question whether it is absolutely necessary that there should be an express contract between the parties to make the defendants, or parties in similar circumstances, liable in such an action as this. I incline to the opinion (although I do not think it necessary to base my judgment upon it) that it is not necessary." In the same case, in the Court of Appeal (1), on the afiirmance of the judgment, Bramwell, L. J., says (p. 158): " In this case the first question is, with whom did the plaintiff contract? The contract was a contract for carriage--the carriage of himself. Who were the carriers? The defendants. The carriages are theirs, the motive power and the servants driving and conducting; they have a right to carry over the whole length the plaintiff is to be carried and they get and keep at least part of the reward of these things. What ground or reason is there for saying they are not the contractors to cany? The journey is, indeed, part over the road of the South Western Co., and the servants of the South Westcm Co. in the first instance receive the fare; but how does that affect the case? If the defendants' servants had in the first instance received the fare, it is clear the contract would have been with the defendants, and it is therefore clear that the ownership...show more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236860217
  • 9781236860217