The Southern Law Review Volume . 4

The Southern Law Review Volume . 4

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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. 1879 edition. Excerpt: ...41 Ala. 420. 81 Ames v. Stevens, I Strange, 128; Forward v. Pittard, supra. where the negligence of the carrier does not cooperate in the loss, he will be excused.82 This exception also includes all injuries done by living animals to themselves and to each other; losses that are caused by their inherent vices and propensities,83 and which excuse the carrier if his negligence does not concur in causing them.84 XV. Liabilities of Carriers of Animals.--As the transportation of living animals was unknown to the era of the formation of the common law, it has been much debated as to whether persons engaging in this business assume all the liabilities of common carriers or not. Mr. Justice Willes regarded the question as being probably one of words, it being much the same thing to say that carriers of animals are not common carriers, and to say that they are common carriers, with the modification that they are not liable for any damage or loss growing out of the vices or propensities of the animals carried.85 The question is, however, very important, since it affects that of the burden of proof, and because it follows that, if such carriers are not common carriers, they are not liable for any damage or loss not occasioned in some way by their own want of skill and care, though such damage or loss may not fall within any of the exceptions made by law to the liabilities of common 82 Story on Bail., sec. 492 a; 3 Kent's Com. 299-301; Hastings v. Pepper, 11 Pick. 41; Chitty on Car. 44; Browne on Car. 103; Ang. on Car., sec. 211; The Collenberg, I Black, 170. Losses of this kind are sometimes spoken of as being caused by the act of God (Browne on Car. 102; Warden v. Greer, 6 Watts, 424). but the action of Nature causing the loss is neither sudden, ...
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Product details

  • Paperback | 376 pages
  • 189 x 246 x 20mm | 671g
  • United States
  • English
  • black & white illustrations
  • 1236819098
  • 9781236819093