Copyright
Thomas Johnson Michie.

A treatise on the law of carriers (Volume 4) online

. (page 205 of 214)
Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 4) → online text (page 205 of 214)
Font size
QR-code for this ebook


Transferable, p. 1157.
Transfer companies, p. 1157.
Waiver or discharge, p. 1164:

Damage to consignee by delay, p.

1166.
Delivery of goods by carrier, p.

1164.
Delivery of part of shipment, p.

1166.
Delivery to assignee for creditors,

p. 1165.
Delivery to consignee as agent of

carrier, p. 1165.
Express waiver, p. 1164.
Goods taken from carrier's posses-
sion by operation of law, p. 1165.
Goods wrongfully taken from car-
rier, p. 1165.
Injury to goods by fault of carrier,

p. 1166.
Refusal to deliver on other grounds,

p. 1166.

LIGHTERAGE

Carriers by water, p. 3949.

LIGHTING

Carriers of passengers, p. 1938:

Tunnels, p. 1982.

Unlighted platform, p. 2269.
Lighting platform, pp. 2269, 2501, 2508.
Stations and stopping places, p. 2324.

LIGHTNING

Loss or injury to goods, pp. 736, 737,

738.

LIMITATION OF ACTIONS

Carriers of live stock, p. 1440.

Contracts, p. 455.

Delay in transportation or delivery, p.

682.
Demurrage, p. 3973.



LIMITATION OF ACTIONS, cont'd.

Interstate and foreign commerce:

Proceedings before commission, p.

3776.
Proceedings in federal courts, p.
3827.
Notice of loss and presentation of claim:
See "Notice of Loss and Presenta-
tion of Claim."
Overcharge, p. 1198.
Penalties for violations of regulations,

p. 166.
Preferences and discriminations, p.

1190.
Stipulations limiting time within which
suit must be brought:
See "Limitation of Liability."
Violations of regulations, p. 136.

LIMITATION OF LIABILITY, p. 921.

Acceptance of express receipt, p. 990.
Acceptance of freight receipt or bill of

lading, p. 985.
Actions:

See infra, "Stipulations Limiting
Time within Which Suit Must Be
Brought."
Act of God, pp. 953, 955.
Affidavit of defense:

See infra, "Plea or Answer and Af-
fidavit of Defense."
Agreed valuation of shipment, p. 1054:
Arbitrary preadjustment of value,

p. 1055.
Baggage, p. 10."8.
Burden of proof, p. 1057.
Carriers of live stock:

See "Carriers of Live Stock."
Declaration of shipper, p. 1055.
Express companies, p. 1058.
General rule, p. 1054.
Method of valuation, p. 1055.
Misrepresentation of value by ship-
per, p. 1057.
Public policy, p. 1055.
Questions of law and fact, p. 1057.
Requiring declaration of value by

shipper, p. 1059.
Transfer companies, p. 1058.
Validity of agreement, p. 1054.
Alabama, pp. 945, 948.
Amount of liability:

See infra, "Limitation of Amount of
Liability."
Answer:

See infra, "Plea or Answer and Af-
fidavit of Defense."
Arizona, p. 945.
Arkansas, pp. 945, 9 48.
Assent of shipper:

See infra, "Knowledge and As-
sent of Shipper."
Authority of consignor to bind con-
signee, p. 992.

Baggage :

See "Baggage."
Agreed valuation, p. 1058. ■
Carriers by water:

See "Carriers by Water."



INDEX.



4237



LIMITATION OF LIABILITY, cunfd.
Bill of lading, p. 962:

See infra, "Written Instrument

as Complete Contract."

Acceptance of freight receipt or bill

of lading as assent to limitation.

p. 985.

Issuance of bill of lading or receipt

after shipment, p. 996.
Notice on back of receipt or bill of

lading, p. 964.
Provisions stamped or written on
face of receipt or bill of lading,
p. 963.
Breach, p. 1025.
Breakage, pp. 956, 1021.
Burden of proof:

See infra. "Presumptions and Bur-
den of Proof."
California, pp. 945, 948.
Carrier as warehouseman, p. 959.
Carriers by water:

See "Carriers bj' Water."

Carriers of goods:

See "Carriers by \\'ater.""
Connecting carriers:

See infra, "Connecting Car-
riers."
Carriers of live stock:

See "Carriers of Live Stock."
Connecting carriers:

See infra, "Connecting Car-
riers."
Carriers of passengers:

See "Carriers by \\'ater;" "Car-
riers of Passengers."
Connecting carriers:

See infra, "Connecting Car-
riers."
Cats:

See "Carriers of Live Stock."
Defect in cars, p. 1021.
Duty to furnish suitable cars, p.

956.
Requiring shipper to select or in-
spect cars, p. 1368.
Certainty, p. 1061.
Certainty and definiteness, pp. 966, 1061,

1099.
Charges:

Reduced rates as consideration:
See infra, "Consideration"
Charter provisions, p. 932.
Choice between full or limited liability,
p. 979:
Carriers of live stock, p. 1371.
Limitation of amount of liability,
p. 1064.

Circus:

Circus employees, p. 2102.

Claim:

See "Xotice of Loss and Pres-
entation of Claim."
Stipulations requiring adjustment oi
claims, p. 1131.
Colorado, pp. 945, 948.
Common carriers:

Power to divest itself of character
of common carrier, p. 931.



LIMITATION OF LIABILITY, confd.
Compress:

Receipts of compress company, p.
963.
Conflict of laws, pp. 939, 1361, 1365:
Amount of liability, p. 1053.
Carriers by water, p. 4017.
Connecting carriers, pp. 3351, 3P.52.
Construction, p. 943.
Contracts made and to be partly
performed in the state of forum,
p. 942.
Contracts to be performed partly
within state where made and
partly in state of forum, p. 943.
Contracts to be performed whoUj^

without state of forum, p. 943.
Contract void under lex loci con-
tractus, p. 942.
Fires, p. 959.

Foreign shipments, pp. 941, 942.
Interstate shipments, p. 941. _
Limitation of amount of liability, p

1053.
Notice of loss and presentation of

claim, p. 1085.
Right of carrier incorporated in a
state to contract tinder laws of
another state, p. 944.
. Stipulations affecting only the rem-
edy, p. 943.
Stipulations as to what law gov-
erns, p. 944.
Sufficiency of assent determined by

lex loci contractus, p. 943.
Validity, p. 9:^9.
Congress;

See "Carriers by Water."
Connecticut, p. 945.
Connecting carriers, p. 3324:

Agreement to transport over own
and connecting lines as consider-
ation, p. 977.
Breach of contract by initial car-
rier, p. 3364.
Carrier contracting to carry beyond

its own line, p. 3330.
Carrier receiving consignment to
point beyond its own line, p. 3326.
Carriers of goods, p. 3320.
Carriers of goods and live stock, p.

3326.
Carriers of live stock, p. 3326.
Carriers of passengers:
Baggage, p. 3374.
I'tnforcement, p. 3376.
Injuries covered, p. 3374,
Injuries to baggage, p. 3375.
Injuries to persons, p. 3374.
Instructions, p. 3376.
Lines under one management,

p. 3373.
Mode, form and rc(iuisiles, p.

3374.
Modification, p. :)376.
Operation and effect, p. 3374.
Power to limit, p. 3.373.
Rescission, p. 33"(6.
'rormination of lial)ility, p. 3375.
Ticket agent acting as agent for
connecting carrier, ]>. 3;'.74.



4238



INDEX.



LIMITATION OF LIABILITY, confd.

Connecting carriers, cont'd.

Carriers which may contract:

Connecting carriers which are

partners, p. 3344.
Driver of local transfer com-
pany, p. 3346.
Express companj'. p. 3346.
General notice, p. 3346.
In general, p. 3345.
Initial carrier lessee of connect-
ing road, p. 3345.
Intermediate or terminal car-
rier, p. 3346.
Power of initial carrier to make
contract limiting liability of
succeeding carrier, p. 3345.
Power of intermediate for-
warder to i)ind initial carrier,
p. 3346.
Right of initial carrier to stip-
ulate on behalf of succeeding
carrier, p. 3345.
Shipping receipt purporting to
inure to benefit of any con-
necting carrier, p. 3345.
Choice between full and limited lia-
bility contract, p. 3349.
Conflict of laws. pp. 3351, 3352.
Consideration, pp. 977, 3348.
Construction, operation and effect,
p 3351:
Carriers entitled to benefit, p.

3352.
Construction of words and

phrases, p. 3351.
Effect of specific exceptions to

general exemptions, p. 335S.
Effect of stipulation as to char-
acter of train service, p. 3352.
Liability limited to carrier's

own line, pp. 3352, 3353.
Liability limited to line having

custody of goods, p. 3352.
Liability of succeeding carrier,

p. 3359.
Losses covered, p. 3353.
Termination of liability of ini-
tial or prior carrier, p. 3359.
What law governs, p. 3352.
Delay, p. 3372.
Enforcement, p. 3366.
Estoppel, p. 3366.

Exemption from liability for insuf-
ficient or defective car, p. 3372.
Exemption from loss by delay —
Exemption from delay of con-
necting line in receiving property,
p. 3372.
Form, p. 3347.
General notice, p. 3346.
Goods carried at owner's risk — Ap-
plication to part of route as to
which carrier forwarder, p. 3372.
Hepburn act, p. 3331.
Instructions, p. 336S.
Interstate commerce act, p. 3663.
Knowledge and assent of shipper,

p. 3349.
Legibility, p. 3347.



LIMITATION OF LIABILITY, confd.
Connecting carriers, cont'd.

Limitations to carrier's own line or
to carrier having custody of prop-
erty, p. 3326.
Limiting liability to that of for-
warder or warehouseman, p.
3369:
Carriers which may li'iiit, p.

3369.
Express companies, p. 3369.
Forwarding merchants, p. 3369.
Nature and extent of liability

as forwarder, p. 3370.
Power to limit and validity, p.

3369.
Termination of liability, p. 3371.
What constitutes an agreement
"to forward," p. 3369.
Loss by negligence, pp. 3342, 3353.
Losses covered, p. 3553:

Dam.age from delay generally,

p. 3355.
Damages resulting from negli-
gence at inception of ship-
ment, p. 3354.
Delay in delivery to succeeding

carrier, p. 3355.
Illustrations, pp. 3356-3358.
In general, p. 3353.
Injuries sustained through neg-
ligence of succeeding carrier,
p. 3354.
Liability limited to carrier's

own line, p. 3353.
Negligence, pp. 3353, 3354.
Losses whicli may be limited, p.

3342.
Manner of limiting, p. 3346;
Express contract, p. 3347.
General notice, p. 3346.
Stipulation in bill of lading or

receipt, p. 3347.
Usage or custom, p. 3347.
Merger of verbal contract by subse-
quent written agreement, p. 3365.
^Modification, p. 3365.
Negligence, pp. 3342, 3353.
Nonsuit, p. 3367.
Notice, p. 3346.

Parol evidence to explain ambigu-
ity, p. 3366.
Partnership between connecting

carriers, p. 3344.
Plea or answer, p. 3366.
Power to limit and validity, p. 3342:
Carrier contracting to carry be-
yond its own limits, p.
3330:
Agreement to forward car

to destination, p. 3342.
Car forwarded over con-
necting line by order of
consignee, p. 334:..
Collection of charge for en-
tire distance by initial
carrier, p. 3340.
Collection of charge for en-
tire distance by succeed-
ing carrier, p. 3342.



INDEX.



4239



LIMITATION OF LIABILITY, cont'd.
Connecting carriers, cont'd.

Power to limit and validity, cont'd.
Carrier contracting to carry be-
yond its own limits, cont'd.
Delay in transportation of

cattle, p. 3333.
Effect of federal statutes, d.

3331.
Effect of through waybill,

p. 3342.
Effect of state statutes, p.

3333.
General rule, p. 3330.
Georgia, p. 3333.
Hepburn act, p. 3331.
Illinois, p. 3333.
Iowa, p. 3334.
Missouri, p. 3334.
Nebraska, p. 3336.
Prior to Hepburn act, p

3331.
Public policy, p. 3331.
South Carolina, p. 3336.
State statutes, p. 3333.
Texas, p. 3336.
Unauthorized diversion by

intermediate carrier, p.

3332.
Virginia, p. 3338.
What amounts to contract

to carry beyond carrier's

own line, p. 3338.
Carrier receiving consignment

to point beyond its own

line, p. 3326:
American rule as to effect

of receipt of goods, p.

3326.
English rule as to effect of

receipt of goods, p. 3328.
Power to limit in general,

p. 3326.
Stipulation declaratory of

common law, p. 3327.
Carriers which may contract, p.

3344:
Connecting carriers which

are partners, p. 3344.
Driver of local transfer

company, p. 3346.
Express company, p. 3346.
General notice, p. 3346.
In general, p. 334,'5.
Initial carrier lessee of con-
necting road, p. :]34.").
Intermediate or terminal

carrier, p. 3346.
Pov,^er of initial carrier to

make contract limiting

liability of succeeding

carrier, p. 3345.
Power of intermediate for-
warder to bind initial

carrier, p. 3346.
Right of initial carrier to

stipulate on behalf of

succeeding carrier, p.

334.'-).



LIMITATION OF LIABILITY, cont'd.
Connecting carriers, cont'd.

Power to limit and validity, cont'd.

Carreers which may contract,

cont'd.

Shipping receipt purporting

to inure to benefit of any

connecting carrier, p.

3345.

Loss by negligence, pp. 3342,

3353.
Losses which may be limited,

p. 3342.
Negligence, p. 3342.
Presumptions and burden of proof.

p. 3367.
Questions for jury, p. 3368.
Reasonableness, p. 3348.
Requisites, p. 3347.
Rescission, p. 3365.
Right of subsequent carrier to bene-
fit of limitations by first car-
rier, p. 33 76:
Connecting carrier not specially
named or designated, p. 3379.
Contract for through shipment,

p. 3376.
Contract not for through ship-
ment, p. 3383.
Contract on behalf of connect-
ing line, p. 3378.
General rule, p. 3376.
Instances of particular limita-
tions, p. 3380.
Invalidity of condition apparent

on its face, p. 3378.
Pleading and proof, p. 3382.
Refusal of subsequent carrier to

perform contract, p. 3382.
Through rate of freight, p. 3380.
What constitutes a through
contract, form and requisites,
p. 3378.
What law governs, p. 3378.
Termination of liability of initial or
prior carrier, p. 3359:
Delivering stock to stockyard,

p. 3363.
Delivery to succeeding carrier,

p. 3359.
Duty to notify shipper of in-
ability to deliver, p. 3364.
Liability limited to that of for-
warder or warehouseman, p.
3371.
Refusal of succeeding carrier to
• receive shipment, p. 3362.
Time of contract, p. 3349.
Usage or custom, p. 3347.
Waiver, p. 3366.
('(Misideration, p. 969:

Agreement to transport over own
and connecting lines, pp. 977,
;!:!4S.
Carriers of live stock, p. 1372.
Evidence, p. 1045.
Instances, p. 970.
Interstate shipment, p. 977.
Limitation of amount of liability, p.
1061.



4240



INDEX.



LIMITATION OF LIABILITY, confd.
Consideration, cont'd.

Necessity in general, p. 969.

Notice of loss and presentation of

claim, p. 1099.
Presumptions and Inirden of proof,

p. 1030.
Reduced rates, p. 972:

Carrier having only one rate, p.

973.
Choice of rates, p. 973.
Contracts exacted after car-
riage commenced, p. 976.
Falsity of recitals, p. 975.
General rule, p. 972.
Loss from negligence vel non,

p. 974.
Necessity of recital that re-
duced rate given, p. 975.
Option not actually' presented

to shipper, p. 974.
Reasonableness of rates, p. 973.
Recital that reduced rate given,

p. 975.
Same rate charged everybody
shipping under like -contracts,
p. 973.
Sufficiency, p. 972.
Shipper and employer's passes, p.

977.
Stipulations limiting time within
which suit must be brought, p.
1123.
Sufficiency, p. 971.
Consignee:

Authority of consignor to bind con-
signee, p. 992.
Consignor:

Authority of consignor to bind con-
signee, p. 992.
Constitutional provisions, pp. 932, 951.
Construction:

See infra, "Interpretation and Con-
struction."
Constructive notice generally, p. 983.
Contracts:

See infra, "Special Contract;"
"Written Insirumcnt as Complete
Contract."
Customary use of printed form of re-
ceipt, p. 992.
Damages:

Stipulation fixing measure of dam-
ages, p. 1071.
Stipulation prescribing measure of

damages, p. 1059.
Value at time and place of ship-
ment, p. ]072.
Dangers of navigation, pp. 953, 1019.
Dangers of the river, p. 1020.
Declaration, petition or complaint, p.
1026:
Carriers of live stock, p. 13S6.
Necessary allegations, p. 1026.
Sufficiency of allegations, p. 1026.
Definiteness, p. 1061.

Delay in transportation or delivery, pp.
957, 970:
Limitation of amount of liability, p.

1080.
Loss from delay, p. 1020.



LIMITATION OF LIABILITY, confd.
Delivery by carrier:

Delivery to wrong person, p. 1080.
Demurrer, pp. 1027, 1029.
Directing verdict, p. 1050.
Discharge, p. 1025.
Duress, p. 978:

Amount of liability, p. 1064.
Duty of shipper to read contract, p. 983.
Effect as measure of liability generally,

p. 1018.
Effect as rendering carrier a private car-
rier or bailee, p. 1018.
Embezzlement, p. 1080.
Enforcement, p. 1026.
England, p. 946.
Estoppel:

Agreed valuation, p. 1071.
Estoppel of shipper, p. 1025.
Stipulation limiting time within
which suit must be brought, p.
1126.

Evidence, p. 1042:

See infra, "Parol Evidence;"
"Presumptions and Burden of
Proof."
Admissibility of evidence, p. 1042.
Carriers of live stock:

See "Carriers of Live Stock."
Consideration, pp. 1043, 1045.
Delivery, p. 1045.

Existence and terms of contract, p.
1042.

Fairness or fraud, p. 1044.
Fact of and terms of contract, p.
1044.

Knowledge and assent of shipper,
p. 1043.

Knowledge of contract and assent
of shipper, p. 1045.

Merger of parol and subsequent
written contract, p. 1044.

Proof of express assent not re-
ciuired — ^Failure to read, p. 1046.

Proof of loss or nondelivery, p.
1047.

Proof of negligence vel non— In
general, p. 1046.

Proof that loss would not have oc-
curred by exercise of reasonable
skill, p. 1047.

Reasonableness, p. 1045.

Recitals in contract prima facie
valid, p. 1044.

Requisites and validity of contract,
p. 1044.

Signing, p. 1043.

Stipulations abrogating rules of evi-
dence, p. 1130.

Weight and sufficiency of evidence,
p. 1044.
Exemption from negligence:

See infra, "Negligence."
Explosions and explosives, p. 944.
Express companies, p. 2100:

Agreed valuation, p. 1058.

Connecting carriers, p. 3346.

Limitation of liability in receipt, p.
3654.



INDEX.



4241



LIMITATION OF LIABILITY, confd.
Express contract, pp. 901, 981:

Limitation of amotmt of liabilit3^ p.
1060.
Express terms, p. 966.
Fact of shipment under limited liability

rate, p. 991.
Failure to dissent within reasonable

time. p. 992.
Fairness, p. 9TS.
Fairness, fraud or duress:

Limitation of amount of liability, p.
1063.
Fires, pp. 95.'5, 958, 970, 1021, 1022, 1023:
Choice between full and limited lia-
bility, p. 980.
Presumptions and burden of proof,
p. 1040.
Floods, p. 1021.
Foreign laws:

Carriers of live stock, p. 1387.
Pleading of foreign laws, p. 1027.
Foreign shipments, pp. 941, 942. 959:
See infra, "Interstate Shipments."
Form and requisites of stipulation, p.
961:
Amount of liability, p. 1060.
Xotice of loss and presentation of
claim, p. 1098.
Form of limitation, p. 961.
Forwarder:

Limiting liability to that of for-
warder or warehouseman, p. 3369.
Fraud, p. 978:

Amount of liability, p. 1064.
Freight receipts, p. 962.
General words, p. 967.
Georgia, pp. 932, 937, 945, 948, 961, 967.
What constitutes an express con-
tract under Georgia statute, p.

967:
Acceptance of express or

freight receipt, p. 968.
Acceptance of ticket or pass, p.

968.
Assent of parties, p. 968.
Bill of lading, p. 967.
Contract on face of receipt, p.

967.
Contract prepared by shipper,

p. 969.
Duress or compulsion, p. 969.
Freight receipt, p. 967.
Generally, p. 967.
Necessity for shipper's assent,

p. 968.
Parties who may make — Con-
tract between a.gents, p. 968.
Signing bill of lading, p. 968.
What constitutes assent of
shipper, p. 968.
Harter act, p. 952:

See "Carriers by Water."
Hepburn act. p. 3331.
Idaho, p. 948.
Illinois, pp. 932, 94.\ 948.
Implied contract, pp. 961, 982.
Inconspicuous conditions and type, p.

966.
Indiana, p. 945.



LIMITATION OF LIABILITY, confd.
Inevitable accident, pp. 953, 955, 956.
Instructions, p. 1050:

Carriers of live stock, p. 1394.
Intelligible, p. 965.
Intention of parties, p. 982.
Interpretation and construction, p. 1012:
Ambiguous contracts, p. 1013.
Bill of lading partly printed and

partly written, p. 1013.
Carriers of live stock, p. 1374.
Conditions precedent, p. 1014.
Conflicting agreements, p. 1014.
Connecting carriers, p. 3351.
Construction of contracts limiting-
liability of carrier, p. 2105.
Construed against carrier, p. 1012.
Efifect as measure of liability .gen-
erally, p. 1018.
Exceptions in bill of lading or

charter party, p. 4018.
Losses covered:

See infra, "Losses Covered."
Notice of loss and presentation of
claim:
See infra, "Xotice of Loss and
Presentation of Claim."
Persons bound and carrier bene-
fited, p. 1019.

Property to which applicable, p.
1019.

Question for court, p. 1012.

Rules of construction and applica-
tion thereof, p. 1012.

Several receipts for property, p.
1019.

Specific as prevailing over general
clauses, p. 1014.

What law governs cr.pstr action of
limitation, p. 943.

Words and phrases, p. 1014.

Written instrument as complete
contract:
See infra, "Written Instrument
as Complete Contract."
Interstate and foreign commerce, pp.
3331, 3337, 3444, 3654.

Agreements as to valuation of prop-
erty, p. 3521.

Connecting carriers, p. 3663.

Illustrations, pp. 3522, 3523.

Power of congress as to, p. 3443.

Power of congress as to limitation
of liability by carrier, p. 3443.

Power of congress supreme, p. 3520,

Power of state, p. 3519.

Printing and publishing schedules,
D. 3763.

Under interstate commerce act, p.
3520.

Validity of state statutes, p. 3519.

Valuation in bill of lading, p. 3522.

Where congress has not acted, \i.
3520.

Interstate shipments, p. 936:
.Amount of liability, p. 1051.
.Authority of consignor to bind con-
signee, p. 993.



4242



INDEX.



LIMITATION OF LIABILITY, cont'd.
Interstate shipments, cont'd.

Burden of proof as to reasonable-
ness of notice of loss and pre-
sentation of claim, p. 1095.
By what law determined, p. 936.
"Caused" by it or any connecting

carrier, p. 936.
Common law, p. 936.
Domestic and foreign shipment dis-
tinguished, p. 938.
Effect of interstate commerce act,

p. 936.
Effect of state statutes, p. 937.
Federal law, p. 936.
Fires, p. 9o9.
Georgia, p. 937.

Interstate commerce act, p. 936.
Limitation of amount of liability,

pp. 1051, 1077-1079.
Negligence, pp. 954, 1077-1079.
Notice of loss and presentation of

claim, p. 1084.
Reasonableness, p. 977.
Reasonableness of stipulations re-
quiring notice and presentation of
claim, p. 1086.
Right in general, p. 936.
Stipulations limiting time within
which suit must be brought, pp.
1120, 1121.
Texas statute, p. 937.
What law governs, pp. 936, 941.
Iowa, p. 945.
Kansas, pp. 945, 948.
Kentucky, p. 945.

Knowledge and assent of shipper, p.
980:
Acceptance of dray ticket and

checks of local carrier, p. 991.
Acceptance of express receipt, p.

990.
Acceptance of freight receipt or bill

of lading, p. 985.
Admissibility of evidence, p. 1043.
Amount of liability:

See infra, '"Limitation of
Amount of Liability."
Authority of consignor to bind con-
signee, p. 992.
Carriers of live stock, p. 1371.
Constructive notice generally, p.

'983.
Customary use of printed form of

receipt, p. 992.

Doctrine of implied assent, pp. 961,

980:

Acceptance of dray ticket and

checks of local carrier, v. 991.

Acceptance of express receipt,

p. 990.
Acceptance of freight receipt or

bill of ladmg. p. 985.
Authority of consignor to

bind consignee, p. 992.
Constructive notice generally,

p. 983.
Customary use of printed form

of receipt, p. 992.
Duty of shipper to read con-
tract, p. 983.



LIMITATION OF LIABILITY, coufd.
Knowledge and assent of shipper, cont'd.
Doctrine of implied assent, cont'd.
Fact of shipment under limited

liability rate, p. 991.
Failure to dissent within rea-
sonable time, p. 992.
General rule, p. 982.
Intention of parties, p. 982.
"O. R.," p. 985.
Reading contract, p. 983.
Receipt prepared by carrier, p.

990.
Receipt prepared by shipper, p.

989.
Receipt referring to bill of lad-
ing containing limitations, p.
990.
What constitutes acceptance or
assent, p. 985.
Doctrine requiring express assent.
pp. 960, 961, 981:
Duty of carrier to call shipper's
attention to stipulation, p.
982.
General rule, p. 981.
Duty of shipper to read contract, p.

983.
Express assent, pp. 960, 981. _
Fact of shipment under limited lia-
bility rate, p. 991.
Failure to dissent within reasonable

time, p. 992.
Implied assent, pp. 961. 982.
Intention of parties, p. 982.
Limitation of amount of liability:
See infra, "Limitation of
Liability."
Necessity in general, p. 980.
Notice or adve.'-tisements, p. 1006:
Distinction between notices
merely designed to insure
fair dealings and others, p.
1008.
Express assent not necessary,

p. 1008.
In general, p. 1006.
Necessity of assent, p. 1006.
Notice to agent of shipper, p.
1009.
Notice of loss and presentation of

claim, p. 1099.
"O. R.," p. 985.

Persons who may give assent, p.
992:
Agent of consignor, p. 994.
Authority of consignor to bind

consignee, p. 992.
Cartmen or truckmen, p. 996.
General rule, p. 992.
Instances where consignee

bound, p. 993.
Instances where consignee not

bound, p. 994.
Interstate commerce act, p. 993.
Persons only authorized to de-
liver to carrier, p. 995.



Online LibraryThomas Johnson MichieA treatise on the law of carriers (Volume 4) → online text (page 205 of 214)