An Essay on the Law of Bailments

O. Halsted, 1828 - 222 páginas

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Página ii - In conformity to the Act of Congress of the United States, entitled, " An Act for the encouragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the times therein mentioned.
Página ii - District, has deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit...
Página 118 - ... such a day, the defendant had not been bound to carry them. But this is a different case, for assumpsit does not only signify a future agreement, but in such a case as this it signifies an actual entry upon the thing, and taking the trust upon himself. And if a man will do that, and miscarries in the performance of his trust, an action will lie against him for that, though nobody could have compelled him to do the thing.
Página 103 - Now, what is the act of God ? I consider it to mean something in opposition to the act of man, for everything is the act of God that happens by His permission, everything by His knowledge. But to prevent litigation, collusion, and the necessity of going into circumstances impossible to be unravelled, the law presumes against the carrier unless he shows it was done by the King's enemies, or by such act as could not happen by the intervention of man, as storms, lightning, and tempests.
Página 103 - It appears from all the cases for 100 years back that there are events for which the carrier is liable independent of his contract.' By the nature of his contract, he is liable for all due care and diligence ; and for any negligence he is suable on his contract. But there is a further degree of responsibility by the custom of the realm, that is, by the common law ; a carrier is in the nature of an insurer.
Página 63 - And if a man borrow ought of his neighbour, and it be hurt, or die, the owner thereof being not with it, he shall surely make it good.
Página 108 - The case is shortly this. This defendant undertakes to remove goods from one cellar to another, and there lay them down safely, and he managed them so negligently, that, for want of care in him, some of the goods were spoiled. Upon not guilty pleaded, there has been a verdict for the plaintiff, and that upon full evidence, the cause being tried before me at Guildhall. There has been a motion in arrest of judgment, that the declaration is insufficient, because the defendant is neither laid to be a...
Página 175 - In every contract for the carriage of goods between a person holding himself forth as the owner of a lighter or vessel ready to carry goods for hire, and the person putting goods on board or employing his vessel or lighter for that purpose, it is a term of the contract on the part of the carrier or lighterman Implied by law, that his vessel is tight, and fit for the purpose or employment for which he offers and holds it forth to the public. It is the very foundation and immediate substratum of the...
Página 18 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Página 109 - ... reward. I have had a great consideration of this case, and because some of the books make the action lie upon the reward, and some upon the promise, at first I made a great question, whether this declaration was good. But upon consideration, as this declaration is, I think the action will well lie.

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