A Selection of Leading Cases on Various Branches of the Law; With Notes Volume 1
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. 1888 edition. Excerpt: ...the defendants would not only carry them, but would warehouse them for three months, the compensation so paid being a compensation not only for carrying, but for warehouse rent also. In Bourne v. Gatliff, 4 N. C. 314, 5 Scott, 667, 3 Scott, N. R. 1, 3 M. & G. 643, 8 Scott, N. R. 604, 11 Clark & Fin. 45, the duty of a carrier by sea was much considered. It was there holden by the Courts of Common Pleas and Exchequer Chamber, and by the House of Lords, that in the absence of any course of dealing or usage of the port to justify him, a carrier by sea, under a bill of lading of goods to be delivered "at the port of London (all and every the dangers of the sea, &c., excepted), unto Mr. Samuel Gatliff or assigns, on paying for the said goods, freight," ftc., was not entitled, immediately on the arrival of the vessel, and without notice to the owner, to land the goods; and that, having so landed them on a wharf where, before coming to the hands of the owner, they were destroyed by accidental fire, the carrier was responsible for their loss. In the same case, upon a plea to the second count, a question arose as to the liability of a carrier by sea, who, for an additional hire, undertakes, after the arrival of the goods, to take care of them at the wharf where they are landed, and to convey them, within a reasonable time, to the place of business of the customer. The Court of Common Pleas held that he was liable for a loss of the goods by accidental fire whilst on the wharf, there being no ground for supposing him to be clothed with one degree of responsibility whilst taking care of the goods at the wharf, and another and different degree whilst carrying the goods from the wharf, inasmuch as both those duties formed part of the same...
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- 189 x 246 x 20mm | 685g
- 26 Jun 2012
- Miami Fl, United States
- Illustrations, black and white