American Maritime Cases, Volumen2American Maritime Cases, Incorporated, 1925 |
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Página 974
... Carrier - CARGO DAMAGE - 20 . Actions- Burden of Proof - CHARTER - 24 . Actions - Burden of Proof . A shipper of goods by a private carrier , under a charter containing a war- ranty of seaworthiness , has the burden of showing that ...
... Carrier - CARGO DAMAGE - 20 . Actions- Burden of Proof - CHARTER - 24 . Actions - Burden of Proof . A shipper of goods by a private carrier , under a charter containing a war- ranty of seaworthiness , has the burden of showing that ...
Página 980
... carrier by reason of its contract to carry a cargo of coal for a single shipper . She was not an insurer of the safety of the cargo , but merely a bailee to transport for hire , and as such , only bound to use ordinary care . The mere ...
... carrier by reason of its contract to carry a cargo of coal for a single shipper . She was not an insurer of the safety of the cargo , but merely a bailee to transport for hire , and as such , only bound to use ordinary care . The mere ...
Página 981
... carrier cannot by any form of contract exempt itself from liability for the negligence of its own servants but such a con- tract on behalf of a private carrier is valid ; The Jason , 225 U. S. 32 ; The Fri , supra ; The Maine , 170 Fed ...
... carrier cannot by any form of contract exempt itself from liability for the negligence of its own servants but such a con- tract on behalf of a private carrier is valid ; The Jason , 225 U. S. 32 ; The Fri , supra ; The Maine , 170 Fed ...
Página 984
... carrier from liability . Nelson vs. Woodruff , 66 U. S. 156 ; Clark vs. Barnwell , 53 U. S. 272 ; The Dondo , 1923 A. M. C. 19 , 287 Fed . 239 ; The Aki Maru , 255 Fed . 721 ; The Sol- veig , 217 Fed . 805 . Quebracho extract is ...
... carrier from liability . Nelson vs. Woodruff , 66 U. S. 156 ; Clark vs. Barnwell , 53 U. S. 272 ; The Dondo , 1923 A. M. C. 19 , 287 Fed . 239 ; The Aki Maru , 255 Fed . 721 ; The Sol- veig , 217 Fed . 805 . Quebracho extract is ...
Página 1033
... carrier he abandons them and can not charge the carrier with conversion no matter what disposition the carrier makes of the goods . AFFREIGHTMENT - 19 . Delivery - 1523 . Goods Tendered in Damaged Condition . A shipper of goods which ...
... carrier he abandons them and can not charge the carrier with conversion no matter what disposition the carrier makes of the goods . AFFREIGHTMENT - 19 . Delivery - 1523 . Goods Tendered in Damaged Condition . A shipper of goods which ...
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Términos y frases comunes
2CCA 4CCA 9CCA accident affreightment agent alleged American appears barge bill of lading Borgestad Captain cargo carrier cause of action charge charter party Circuit Court claim claimant clause coal collision Compensation Act contract Counsel Court of Appeals crew damage decree defendant demurrage discharge District Court EDNY Emergency Fleet Corporation engine entitled evidence fact failure fault filed Fleet Corporation foreign forfeiture Harter Act held Index-Digest injury jurisdiction liability libellant libellant's limitation loading LONGSHOREMAN loss lumber Marine maritime lien Maru master moored NDCal negligence owner personam petitioner pier pilot plaintiff pleaded port Port Phillip proceeding Proctors for Libellant question reason recover respondent rule SDNY seaman seaworthy ship's shipowner shipper Shipping Board Southern District starboard statute steamer steamship Steamship Company stevedore stipulation Suits in Admiralty supra testimony tort U. S. Attorney United States District unseaworthiness vessel voyage wharf Workmen's Compensation York
Pasajes populares
Página 1519 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it.
Página 1317 - The charterer of any vessel, in case he shall man, victual, and navigate such vessel at his own expense, or by his own procurement...
Página 1508 - ... any plaintiff for whose benefit such security has been given shall give security in the usual amount and form to respond in damages to the claims set forth in such counterclaim...
Página 1186 - America shall exercise due diligence to make the said vessel in all respects seaworthy nnd properly manned, equipped and supplied, neither the vessel, her owner or owners, agent, or charterers shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel...
Página 1329 - And plainly, we think, no such legislation is valid if it contravenes the essential purpose expressed by an act of Congress, or works material prejudice to the characteristic features of the general maritime law, or interferes with the proper harmony and uniformity of that law in its international and interstate relations.
Página 1080 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises out of...
Página 1019 - Where 1018. i fault on the part of one vessel is established by uncontradicted testimony, and such fault is, of itself, sufficient to account for the disaster, it is not enough for such vessel to raise a doubt with regard to the management of the other vessel.
Página 1332 - When an employee working on board a, vessel in navigable waters sustains personal injuries there, and seeks damages from the employer, the applicable legal principles are very different from those which would control if he had 'been injured on land while unloading the vessel. In the former situation the liability of employer must be determined under the maritime law; in the latter, no general maritime rule prescribes the liability, and the local law has always been applied. The liability of the employer...
Página 1532 - That any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury...
Página 1093 - Matters bearing upon the execution, the interpretation, and the validity of a contract are determined by the law of the place where the contract is made. Matters connected with its performance are regulated by the law prevailing at the place of performance.