 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1849 - 710 pages
...insist on his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing...the law has annexed to his employment. ******* " The respondents having succeeded in restricting their liability as carriers by the special agreement, the... | |
 | Commerce - 1849 - 716 pages
...insist on his rights, and the duties of the carrier, as it is that lie assented to their qualification. The burden of proof lies on the carrier, and nothing...which the law has annexed to his employment. " The special agreement, in this case, under which the goods were shipped, provided that they should be conveyed... | |
 | Commerce - 1849 - 710 pages
...insist on his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by pnrol, or in writing, should be permitted to discharge him from duties which the law has annexed to... | |
 | Henry Flanders - Maritime law - 1853 - 584 pages
...insist upon his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing...employment. The exemption from these duties should not 1 Hollister v. Nowlen, 19 Wend. 234; NJ St. Nav. Co. v. Mer. Bank, 6 How. 344; Dorr v. NJ St. Nav.... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1861 - 710 pages
...that the owner intended to insist upon his rights, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing...express stipulation, by parol or in writing, should be per- /' mitted to discharge him from duties which the law has annexed ! to his employment. The exemption... | |
 | William B. Wedgwood - Law - 1866 - 492 pages
...insist upon his rights and the duties of the carrier, as ibis that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation should be permitted to discharge him from duties which the law has annexed to his employment. The exemption... | |
 | Isaac Fletcher Redfield - Railroad law - 1867 - 944 pages
...insist upon his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing...upon implication or inference, founded on doubtful or conflicting evidence, but should be specific and certain, leaving no room for controversy between... | |
 | William B. Wedgwood - Law - 1867 - 490 pages
...qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation should be permitted to discharge him from duties which...evidence, but should be specific and certain, leaving noroom for controversy between the parties." 10. The law is settled, that the carrier cannot screen... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 892 pages
...insist upon his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing...discharge him from duties which the law has annexed to his employNew Jersey Steam Navigation Company v. Merchants' Bank. 6 H. ment. The exemption from these duties... | |
 | Law - 1873 - 532 pages
...carrier, there being no evidence that the shipper expressly agreed to the conditions of said notice. "Nothing short of an express stipulation by parol or in writing should be permitted to discharget he carrier from the duties which the law has annexed to his employment." Michigan Central... | |
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If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden... 
