LAW OF NISI PRIUS, EVIDENCE IN CIVIL ACTIONS, AND ARBITRATION & AWARDS: WITH AN APPENDIX OF THE NEW RULES, THE STATUTES OF SET-OFF, INTERPLEADER, & LIMITATION, BY ARCHIBALD JOHN STEPHENS, BARRISTER AT LAW. IN THREE VOLUMES. VOL. II. LONDON: LONGMAN, BROWN, GREEN, AND LONGMANS, PATERNOSTER-ROW. CARRIERS. 1. CARRIERS DEFINED, pp. 961-964. Conveyance of goods for all persons for hire constitutes a carrier a - Distinction between private person undertaking the carriage of goods and a common carrier — Difference as to the degrees of care between a mandatary and a carrier · Persons usually denominated carriers Proprietors of mails and stage coaches Owners and masters of ships — Hackney coachmen · - Distinction between carriers and warehousemen Postmaster-general not a common carrier Postmaster and inferior officers responsible for personal negligence — Deputy postmaster liable for the non delivery of a letter - - Town carman not a common carrier. 2. GENERAL EXTENT OF LIABILITY, pp. 964-979. Expression "Act of God" defined · The law presumes against carriers except such acts as could not happen by the intervention of human means — King's enemies Intermediate carriers An express declaration of the value of articles entrusted to a carrier must be given· - NEGLIGENCE- - Certain standard or degrees of care- Responsibility for gross neglect · Province of the jury to determine the question of gross negligence What is negligence Person not a common carrier agreeing to carry goods for hire— Carrier cannot absolve himself from responsibility when he has the means of observing the risk- CARRIERS BY WATER — STATUTORY RESTRICTIONS ON THE LIABILITY OF CARRIERS BY LAND- When carrier entitled and not entitled to the protection of stat. 11 Geo. 4, and 1 Will. 4. c. 68. Common law liability cannot be qualified by a public notice· Carrier can enter into a special contract· - Lookingglass within the meaning of stat. 11 Geo. 4. and 1 Will. 4. c. 68. -Judgment of Mr. Baron Bayley in Owen v. Burnett A receiving house within the foregoing statute Responsibility limited beyond the common law exception- Loss not occasioned by a neglect of the common and ordinary duty of defendant — Liability of wharfinger similar to that of a carrier STATUTORY RESTRICTIONS ON THE LIABILITY Stats. 7 Geo. 2. c. 15., 26 Geo. 3. c. 86., 53 Geo. 3. OF CARRIERS BY WATER - RIGHTS AND LIABILITIES OF PARTNERS. 3. CONVEYANCE OF GOODS, pp. 979-982. Duties of carriers are created by the possession of the goods — Liability of carrier for the safety of goods attaches immediately upon delivery - DELIVERY OF GOODS — Where, and to whom, carrier bound to deliver goods - What is and is not a delivery of goods to a carrier. Distinction between a contract to carry goods and one to carry passengers · Extent of carrier's lien — Carriers seeking to retain for a general balance · |