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Home > Art, Film & Photography > Delaware Reports Volume 20; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
Delaware Reports Volume 20; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware

Delaware Reports Volume 20; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware


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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: SYLLABUS. WilmaM H. Klair and John Lobt vs. Wilmington SteamBoat Company, a corporation of the State of New Jersey. Common Carriers; Duty of?Act of God or of the Public Enemy ?Inevitable Accident?Ordinary Wear and Tear, Loss or Deterioration?Death of Animal from Disease?Negligence?Measure of Damages. 1. A common carrier is bound to exercise the strictest care, and to deliver safety m their place of destination, the goods entrusted to him. He is regarded by the law in the light of an insurer; and in case the goods are injured, lost or destroyed, nothing will excuse or discharge him but the act of God, or of the public enemies. By the act of God, is meant such inevitable accident as cannot be prevented by human care, skill or foresight; but results from natural causes; such as lightning and tempest, floods, inundation, etc. Therefore, the inquiry is not whether the carrier has used doe care, or t een guilty of negligence, but whether he can show that the loss happened by inevitable accident or by the public enemies. 2. The carrier, however, is not to be held responsible for ordinary wear and tear, and chafing of the goods in the course of their transportation, or for their ordinary Iocs or deterioration in quantity or quality, or for any inherent infirmity or tendency to damage, depreciation or decay. If therefore the death of an animal received by the defendant for carriage was due to an attack of meningitis of which the defendant was not forwarned, and the defendant did all in his power to protect the animal after being so attacked, the loss would be due to inevitable accident and the defendant would not be liable. 3. The ordinary rule controlling the subject of damages, in case the article is lost, destroyed or injured during transportation, is the value of the ar...


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Product Details
  • ISBN-13: 9781459075856
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 264
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1459075854
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 476 gr


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Delaware Reports Volume 20; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
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Delaware Reports Volume 20; Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
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