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Home > History and Archaeology > History > A Digest of the Reports of the United States Courts and of the Acts of Congress from the Organization of the Government to [May 1880] Volume 2
A Digest of the Reports of the United States Courts and of the Acts of Congress from the Organization of the Government to [May 1880] Volume 2

A Digest of the Reports of the United States Courts and of the Acts of Congress from the Organization of the Government to [May 1880] Volume 2


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 Excerpt: ...of proof of negligence is on the shipper. E. Dist. of La. 1854, Merriman v. The May Queen, 1 Newb., 464. Burden of Proof. 315. Under bill of lading, The burden of proof of any other contract or agreement than that contained in the bill of lading, is on the party alleging it. E. Dist. of Pa., 1844, Knox v. The Ninetta, Crabbe, 534. 316. Under an ordinary bill of lading the burden is on the owner to prove that the shipper agreed that his goods might be carried on deck. 1st Circ. (Me.), 1854, The Peytona, 2 Curt. C. Ct., 21. 317. Condition of the goods. The law presumes that the goods were delivered to the carrier in the condition specified in the bill of lading; and the burden of proof lies upon the carrier to rebut this presumption. S. Dist. of N. T., 1849, Zeregav. Poppe, Abb. Adm., 397. 318. When goods are shipped upon a bill of lading which acknowledges their receipt in good order and condition, and also contains the further clause, "weight and contents unknown," if the external covering of the goods is damaged when they are delivered, so as to account for an injury to the contents, proof that they were in good condition when shipped is dispensed with; the admission in the bill of lading being sufficient to throw the burden of proof upon the carrier. 2d Circ. (N. T.), 1856, The Columbo, 3 Blatchf, 521. 319. Cause Of I0SS. Where goods shipped under a common bill of lading, are damaged on the voyage, and the carrier claims to be exonerated, on the ground that the.iamage was caused by the perils excepted in the bill, the burden of proof is upon him. Supreme Ct., 1851, Clark v. Barnwell, 12 How., Ill; S. P., Rich v. Lambert, Id., 347. N. Dist. oflU., 1853, Hunt v. The Cleveland, 1 Newb., 221; Circ. of Col., 1856, Turner v. The Black Warrior, 1 McAU....


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Product Details
  • ISBN-13: 9781130492033
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 444
  • Spine Width: 23 mm
  • Width: 189 mm
  • ISBN-10: 1130492036
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 789 gr

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A Digest of the Reports of the United States Courts and of the Acts of Congress from the Organization of the Government to [May 1880] Volume 2
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