Handbook on the Law of Bailments and Carriers

Front Cover
West Publishing Company, 1914 - 852 pages

From inside the book

Contents

Absence of Compensation to Bailee 5357
53
Rights and Duties of the Parties
58
Liability for Nonfeasance and Misfeasance 6062
60
Degree of Care to be Exercised by the Bailee 6570
65
Termination of Bailment 7175
71
Redelivery of the Bailed Goods 7576
75
CHAPTER IV
77
Nature of the Relation 7980
79
Rights and Duties of the Parties
81
Fraud in Procuring the Loan
82
Use of Bailed Chattels by the Bailee 8384
83
Interest of the Bailee 8586
85
Right of Bailor and Bailee to Bring Suit 8687
86
Degree of Care to be Exercised by the Bailee 8891
88
Termination of the Bailment 9194
91
CHAPTER V
96
Locatio or HiringIn General 9899
98
Nature of the Relation 99103
99
Locatio Rei or the Hired Use of a Thing 103104
103
Use of Bailed Chattels by the Bailee 104112
104
Interest of the BaileeRight to Bring Suit 112113
112
Assignability of Bailees Interest 114115
114
Bailors Warranty of Title or Interest 115116
115
Liability for Injuries to Third Persons 116117
116
Expenses about the Bailed Chattels 117118
117
Degree of Care to be Exercised by the Bailee 118122
118
Liability of Bailee for Acts of his Agents or Servants 122124
122
Compensation of the Bailor 124126
124
Termination of the Bailment 126128
126
Redelivery of the Bailed Goods
128
Rights and Duties of the PartiesIn General
131
63
143
The Degree of Care to be Exercised by the Bailee
155
SafeDeposit Companies
166
Redelivery of the Bailed Goods
172
The Nature of the Relation
181
Rights and Duties of the Pledgor
199
79
205
80
215
84
221
87
227
Termination of the Pledge
237
CHAPTER VIII
241
Who are Guests 249257
249
Duration of the Relation 257258
257
Rights and Duties of InnkeeperIn General 258259
258
The Duty to Receive Guests 259263
259
The Duty to Care for the Comfort and Safety of the Guest 263265
263
Liability for the Goods of the Guest 265273
265
To What Goods the Innkeepers Liability Extends 274279
274
Limitation of the Innkeepers Liability 279283
279
The Right of Compensation and LienThe Compensation of the Innkeeper 283285
283
The Innkeepers LienIts Nature and Extent 285289
285
The Waiver of the Lien 289290
289
The Enforcement of the Lien
290
Duty Limited by the Nature or Condition of the Goods 317318
317
Duty Limited by the Carriers Right to Demand Payment in Advance
319
Duty to Furnish Equal Facilities to
321
119
350
The Harter Act as to Carriers by WaterLimited Liability Act 356358
356
CHAPTER XI
366
In the Absence of the Carriers Negligence 395396
395
Limitations as to Time and Manner of Presenting Claims 404408
404
CHAPTER XII
412
Termination of the Common Carriers LiabilityIn General 419420
419
144
431
146
442
CHAPTER XIII
458
Discrimination in the Carriers Charges 467473
467
The Carriers Lien 473483
473
CHAPTER XIV
484
Postmasters and Other Officials 485488
485
Contractors for Carrying the Mails 489491
489
CHAPTER XV
492
The Parties 493501
493
The Form of Action 501504
501
The Pleadings 504505
504
The Evidence 506507
506
The Measure of DamagesIn General 507508
507
Actions for Carriers Refusal to Accept and Transport the Goods 508510
508
Actions for Total Loss or Nondelivery of the Goods
510
Actions for Injury to the Goods 511512
511
Actions for Delay in Transportation or Delivery of the Goods 512513
512
Special Damages 514516
514
PART THREE CARRIERS OF PASSENGERS CHAPTER XVI
517
Sleeping Car Companies 520526
520
Who are Passengers 526536
526
Termination of the RelationIn General
537
172
550
173
557
Duty to Accept and Carry Passengers
563
Liability for Delay in Transporting Passengers
571
180
578
182
585
184
592
188
599
611612
611
CHAPTER XIX
620
Wrong Ticket Given to Passenger by the Carrier
629
Section Page
635
What is Baggage 642649
642
Liability of Carrier for Merchandise Shipped as Baggage 649651
649
Passengers Custody of the Baggage 657662
657
CHAPTER XXI
663
The Evidence
670
Exemplary or Punitive Damages 679681
679
SUPPLEMENT
685
THE EMPLOYERS LIABILITY ACTS
695
INDEX
775
Copyright

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Page 686 - That every common carrier subject to the provisions of this Act shall file with the Commission created by this Act and print and keep open to public inspection schedules showing all the rates, fares, and charges for transportation between different points on its own route...
Page 664 - That every such action shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused...
Page 694 - The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States.
Page 606 - There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant that the accident arose from want of care.

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