A Treatise On the Law of Carriers of Goods And Passengers, By Land And By Water : With An Appendix of Statutes Regulating Passenger Vessels And Steamboats, Etc.

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The rule is found- ed upon a great principle of public policy ; it has been approved by many generations of wise men ; and if the courts were now at liberty to make, instead of declaring, the law, it may well be ques- tioned whether they could devise a system which, on the whole, would operate more beneficially. I feel the more confident in this remark from the fact, that in Great Britain, after the courts had been perplexed for thirty years with various modifications of the law in relation to ...carriers, and when they had wandered too far to retrace their steps, the legislature finally interfered, and restored the salutary rule of the Common Law." ^ Then there is ' The legislative interference to which the learned judge refers was in respect to limiting the carrier's responsibility by a general notice, as to which see post, Ch. Vll. And see the opinion of the same learned judge in Fairchild v. Slocum, 19 Wend. 331, and in Cole v. Goodwin, lb. 251 ; and opinion of Cowen, J., 21 lb. 198.

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