FREE BOOKS

Author's List




PREV.   NEXT  
|<   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223  
224   225   226   227   228   229   230   231   232   233   234   235   >>  
substance. All, or nearly all, of the States have made statutes within recent years, or re-enacted old ones, holding sellers strictly responsible for the quality, especially of provisions, sold. These statutes generally require the seller to sell absolutely pure articles, and he cannot shield himself by saying that he was ignorant and innocent of their nature if they proved to be other than pure articles. If a grocer should sell cotton-seed oil for olive oil, even though doing so ignorantly, without any intention to deceive, he would nevertheless be held liable under the statutes that now exist in most of the States; and public opinion strongly favours the strict execution of these statutes. X. COMMON CARRIERS _What is meant by a common carrier?_ A person or company that is obliged to carry merchandise or passengers for a price or compensation from place to place. A common carrier cannot select his business, like a private carrier, but _must_ carry all merchandise that is offered; or, if he is a carrier of persons, all persons who desire to go and are willing to respect all reasonable regulations that relate to carrying them. _The principal common carriers are railroads, steamboats, and canal companies._ The liability of common carriers is very important to all who travel or send merchandise. A common carrier is liable for all losses not happening by the act of God or by the public enemy. By "act of God" is meant unavoidable calamity, such as lightning and tempests, and by "public enemy" is meant a nation at war with another. Once these were the only exceptions. Carriers were therefore insurers of the goods left with them to be carried to some other place. This early rule of law fixing their liability has been greatly changed. Carriers can now make a contract relieving themselves of all liability for losses in carrying goods except those arising from their own negligence. The courts in a few cases have said that they can relieve themselves even from this, but this is not generally the law. They can, though, by special contract relieve themselves from all other liability. A railroad company, therefore, can make a contract for carrying wheat from Chicago to New York, relieving itself from all liability for loss by fire unless this shall be caused by its negligence. If a fire should occur without any negligence on the part of the company and goods on the way should be destroyed, it could not be held responsibl
PREV.   NEXT  
|<   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223  
224   225   226   227   228   229   230   231   232   233   234   235   >>  



Top keywords:
liability
 

carrier

 

common

 
statutes
 
public
 
merchandise
 

contract

 

negligence

 

company

 

carrying


States
 
relieve
 

liable

 

Carriers

 

carriers

 

losses

 

articles

 

persons

 

relieving

 

generally


insurers
 

exceptions

 

caused

 
tempests
 

unavoidable

 
responsibl
 
happening
 

calamity

 

destroyed

 

nation


lightning

 

courts

 
arising
 
special
 

railroad

 
Chicago
 

substance

 

fixing

 

carried

 

greatly


changed

 

deceive

 
ignorantly
 

intention

 
provisions
 
execution
 

COMMON

 

strict

 
favours
 

opinion