 The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment. The exemption from these duties should not depend...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 230by Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, William Dudley Fuller, Hovey K. Clarke, John Adams Brooks, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, Marquis B. Eaton, Herschel Bouton Lazell - 1916Full view - About this book
 | Joseph Kinnicut Angell - Carriers - 1849 - 808 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...leaving no room for controversy between the parties. The special agreement, in this case, under which the goods were shipped, provided that they should... | |
 | Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...insist upon his rights, and the duties of the carrier, as it is that he assented to their qualfication. The burden of proof lies on the carrier, and nothing...leaving no room for controversy between the parties. The special agreement, in this case, under which the goods were shipped, provided that they should... | |
 | Henry Flanders - Maritime law - 1853 - 584 pages
...in the exercise of his public employment. He stands in the position of an ordinary bailee for hire. depend upon implication or inference, founded on doubtful...certain, leaving no room for controversy between the parties.1 463. Common carriers are bound to deliver to each passenger, at the end of his journey, his... | |
 | John William Smith, John Innes Clark Hare, Horace Binney Wallace, John William Wallace - Law reports, digests, etc - 1855 - 1006 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...leaving no room for controversy between the parties." But, though the principle, that no effect is to be given to these limitary notices, has not elsewhere... | |
 | Isaac Edwards - Bailments - 1855 - 708 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...certain, leaving no room for controversy between the parties."1 The distinction taken in these cases is founded on a sound reason, and to a great degree... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1861 - 710 pages
...carrier, and nothing short of an express stipulation, by parol or in writing, should be per- /' mitted to discharge him from duties which the law has annexed...leaving no room for controversy between the parties." A common carrier being regarded as an insurer of the goods, and accountable for any damage or loss... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1862 - 466 pages
...further held, that " the burden of proof lies on the carrier" to show such an agreement, and that " nothing short of an express stipulation, by parol...leaving no room for controversy between the parties." Tried by this rule, do the words in the receipt, under the circumstances, constitute such an agreement?... | |
 | William B. Wedgwood - Law - 1866 - 492 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...leaving no room for controversy between the parties." 10. The law is settled, that the carrier cannot screen himself from liability by a general notice.... | |
 | Isaac Fletcher Redfield - Railroad law - 1867 - 944 pages
...exemption from these duties should not depend, upon implication or inference, founded on doubtful or conflicting evidence, but should be specific and certain,...leaving no room for controversy between the parties." To the same effect is the opinion of the court in Farmers' & M. Bank v. The Champlain Transp. Co.,... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 892 pages
...6 H. ment. The exemption from these duties should not depend upon implication or inference, foundeM on doubtful and conflicting evidence, but should be...leaving no room for controversy between the parties. The special agreement, in this case, under which the goods were shipped, provided that they should... | |
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