Commentaries On the Law of Bailments : With Illustrations From the Civil And the Foreign Law
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To quickly assess the difficulty of the text, read a short excerpt:
Longmore, 4 Perr. & Dav. 314.
^ Bevan u. Waters, 1 Mood. & Malk. 235 ; s. c. 3 C. & P. 620 ; Forth v.
Simpson, 13 Q. B. 680.
"• Scarfe u. Morgan, 4 Mees. & Wels. 270; Jackson v. Cummins, 6 Mees. & Wels. 342.
' But see Grinnell v. Cook, 3 liill (N. Y.), 485.
" Miller V. Marston, 35 Maine, 154.
CH. TI.] HIRE OP CUSTODY. 393 they certainly cannot be said by their eare and skill to have improved the thing bailed.^ The same would seem to belong to a wharfinger. 2 § 454. In respect to depositaries fo...r hire, there seem to be some discrepancies in the authorities, whether the onus prohandi of negligence lies on the plaintiff, or of exculpation on the defendant, in a suit brought for the loss. In England the for- mer rule is maintained.^ In America, an inclination of opinion has sometimes been expressed the other way ; yet perhaps the weight of authority coincides with the English rule.^ In case 1 Steinman «. Wilkins, 7 Watts & Serg. 466.
^ Ibid. ; Rex v. Humphery, 1 McLel. & Younge, 194, 195.
What to read after Commentaries On the Law of Bailments : With Illustrations From the Civil And the Foreign Law?
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To quickly assess the difficulty of the text, read a short excerpt:
Longmore, 4 Perr. & Dav. 314.
^ Bevan u. Waters, 1 Mood. & Malk. 235 ; s. c. 3 C. & P. 620 ; Forth v.
Simpson, 13 Q. B. 680.
"• Scarfe u. Morgan, 4 Mees. & Wels. 270; Jackson v. Cummins, 6 Mees. & Wels. 342.
' But see Grinnell v. Cook, 3 liill (N. Y.), 485.
" Miller V. Marston, 35 Maine, 154.
CH. TI.] HIRE OP CUSTODY. 393 they certainly cannot be said by their eare and skill to have improved the thing bailed.^ The same would seem to belong to a wharfinger. 2 § 454. In respect to depositaries fo...r hire, there seem to be some discrepancies in the authorities, whether the onus prohandi of negligence lies on the plaintiff, or of exculpation on the defendant, in a suit brought for the loss. In England the for- mer rule is maintained.^ In America, an inclination of opinion has sometimes been expressed the other way ; yet perhaps the weight of authority coincides with the English rule.^ In case 1 Steinman «. Wilkins, 7 Watts & Serg. 466.
^ Ibid. ; Rex v. Humphery, 1 McLel. & Younge, 194, 195.
What to read after Commentaries On the Law of Bailments : With Illustrations From the Civil And the Foreign Law?
You can find similar books in the "Read Also" column, or choose other free books by Story, Joseph, 1779-1845 to read onlineMoreLess
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