A Treatise on the Law of Carriers Volume 2

A Treatise on the Law of Carriers Volume 2

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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: ... insecure and unsafe and that such condition of the stockyard resulted in injury to the shipper states a cause of action ex delicto." 2058. Actions Ex Gontra.ctu.--A shipper, whose stock is injured by the negligence of the common carrier while in its possession for transportation, may bring an action ex contractu." In the notes below will be found examples of averments stating a cause of action ex contractu." 2059-2062. Rights of Action.15--- 2059. In General.--The right of action for loss or injury to live stock by a carrier is in the party who is injured by the act or omission of the carrier." Thus where a federal statute provides a shrank in weight and depreciated in price. 14. Ex contractu--Examples.--A peti states a cause of action ex delicto, based oII a violation of the carrier's duty as carrier. Russell 11. Chicago, etc., R. Co., 37 Mont. 1, 94 Pac. 488. A complaint which alleges that defendant, a common carrier, promised to provide cars for the transportation of plaintiff's sheep, and to transport them with due aIId reasonable speed; that it. in disregard of its duties as a common carrier, negligently delayed the commencement of the transportation until a certain date, when it willfully, negligently, aIId wrongfully loaded the sheep, and commenced their transportation, though it had knowledge that a violent storm was then prevailing along its line of railroad; and that it, in disregard of its duties as a common carrier, willfully, wrongfully, negligently, and carelessly delayed the sheep along the route, and exposed them to the severe weather and negligently refused to protect themstates a cause of action in tort. Nelson 1/. Great Northern R. Co., 28 Mont. 297, 72 Pac. 642, 9...
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Product details

  • Paperback | 650 pages
  • 189 x 246 x 33mm | 1,143g
  • United States
  • English
  • black & white illustrations
  • 1236961749
  • 9781236961747