 | New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1846 - 718 pages
...action or neglect, or any combination of such action or neglecl, except force exerted by a public enemy. No matter what degree of prudence may be exercised by the carrier and his serwants; although the delusion by which it is baffled or the force by which it is overcome be inevitable,... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...all idea of human agency. Me Arthur If HurUmt vs. Sears, 21 Wend. R. 190. In this case it is said, " no matter what degree of prudence may be exercised by the carrier or his servants, although the delusion by which it is baffled, or the force by which it is overcome... | |
 | Henry Flanders - Maritime law - 1853 - 584 pages
...action or neglect, or any combination of such action or neglect, except force exerted by a public enemy. No matter what degree of prudence may be exercised...result of human means, the carrier is responsible. Thus the owners of a steamboat were held liable for a loss occurring from a mistaken deviation, to... | |
 | Joseph Story - Bailments - 1856 - 728 pages
...The same doctrine is strongly stated in M'Arthur v. Sears, 21 Wend. R. 196, where it is said, that ' no matter what degree of prudence may be exercised...result of human means, the carrier is responsible.' '• These cases clearly restrict the excuse of the carrier for losses occasioned by obstructions in... | |
 | William Wetmore Story - Contracts - 1856 - 848 pages
...The same doctrine is strongly stated in M'Arthur v. Sears, 21 Wend. R. 196, where it is said, that' no matter what degree of prudence may be exercised...result of human means, the carrier is responsible.' " These cases elearly restrict the excuse of the carrier for losses occasioned by obstructions in the... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 790 pages
...of one of the usual lights, and t ho presence of a misguiding light, does not exonerate the carrier. No matter what degree of prudence may be exercised...result of human means, the carrier is responsible. Supreme Ct., 1889, McArthnr c. Sears, 21 Wend., 190. 19. Accidental conflagration. While the goods... | |
 | United States. Supreme Court - Law reports, digests, etc - 1871 - 730 pages
...damage caused by the delay. So the instructions as to the liability of the company as a common carrier. No matter what degree of prudence may be exercised...it is baffled, or the force by which it is overcome is inevitable, yet if it be the result of human means, the carrier is responsible.* In Campbell v.... | |
 | United States. Supreme Court - Law reports, digests, etc - 1871 - 726 pages
...damage caused by the delay. So the instructions as to the liability of the company as a common carrier. No matter what degree of prudence may be exercised...the delusion by which it is baffled, or the force bj- which it is overcome is inevitable, yet if it be the result of human means, the carrier is responsible.*... | |
 | Benjamin Vaughan Abbott - Law - 1879 - 1054 pages
...being misled by the absence of one of the usual lights, and the presence of a misguiding light; for no matter what degree of prudence may be exercised by the carrier ami his servants, although the delusion by which it is baffled, or the force by which it is overcome,... | |
| |
no matter what degree of prudence may be exercised by the carrier or his servants, although the delusion by which it is baffled, or the force by which it is overcome be inevitable, yet, if it be the result of human means, the carrier is responsible: 
