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action admiralty agent agreement alleged amount appears arrival authority bill of lading bound cargo carry cause charge Circuit circumstances claim common carrier condition considered consignee contract cotton court custom damage dangers decision deck decree defendant delay delivered delivery discharge district duty effect entitled evidence exception express fact fire freight give given held hold hundred injury jurisdiction land liability libelants lien limited loss master means navigation necessary negligence notice obligation opinion ordinary owner paid parties passengers peril person plaintiff port possession present principles proof proper proved question railroad company reasonable receipt received recover reference refused respect responsibility rule says ship shipment shipper STATEMENT steamer stipulation stowed suit taken testimony tion tort transportation unless usage usual vessel voyage wharf witnesses York
Seite 289 - 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.
Seite 226 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Seite 110 - And the trial of issues in fact, in the district courts, in all causes except civil causes of admiralty and maritime jurisdiction, shall be by jury.
Seite 422 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Seite 621 - Code undertook to abolish these distinctions by enacting that "every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it.
Seite 244 - In witness whereof the master or purser of the said vessel hath affirmed to four bills of lading, all of this tenor and date ; one of which being accomplished the others to stand void.
Seite 555 - That it is not just and reasonable in the eye of the law for a common carrier to stipulate for exemption from responsibility for the negligence of himself or his servants.
Seite 185 - Cavanaugh and the corporation was signed, and in this connection our attention is called to the rule that parol evidence is not admissible to vary or contradict the terms of a written instrument; but this rule has no application in a criminal case.