Elements of the Law of Bailments And Carriers Including Pledge And Pawn And Inn
Elements of the Law of Bailments And Carriers Including Pledge And Pawn And Inn
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The owners of those vessels or cargoes cannot maintain any action for the loss of either against the tug or her owners, without proving negligence on her part. As was said by Mr. Justice Strong, and repeated by the present Chief Justice : ^^ 'An engagement to tow does not impose either an obligation to insure, or the liability of common carriers. The burden is al- ways upon him who alleges the breach of such a contract to show either that there has been no attempt at performance, or that there ...has been negligence or unskillfulness to his injury in the performance. Unlike the case of common carriers, damage sus- tained by the tow does not ordinarily raise a presumption that the tug has been in fault. The contract requires no more than that he who undertakes to tow shall carry out his undertaking with that degree of caution and skill which prudent navigators usually employ in similar services. ' " The authorities, however, are not entirely harmonious upon this subject, and there are jurisdictions where it is maintained that tugs are common carriers, and that the vessel they are tow- ing is being conveyed by them as a common carrier, and that they are subjected to the same extraordinary liability.^'^ § 415.
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To quickly assess the difficulty of the text, read a short excerpt:
The owners of those vessels or cargoes cannot maintain any action for the loss of either against the tug or her owners, without proving negligence on her part. As was said by Mr. Justice Strong, and repeated by the present Chief Justice : ^^ 'An engagement to tow does not impose either an obligation to insure, or the liability of common carriers. The burden is al- ways upon him who alleges the breach of such a contract to show either that there has been no attempt at performance, or that there ...has been negligence or unskillfulness to his injury in the performance. Unlike the case of common carriers, damage sus- tained by the tow does not ordinarily raise a presumption that the tug has been in fault. The contract requires no more than that he who undertakes to tow shall carry out his undertaking with that degree of caution and skill which prudent navigators usually employ in similar services. ' " The authorities, however, are not entirely harmonious upon this subject, and there are jurisdictions where it is maintained that tugs are common carriers, and that the vessel they are tow- ing is being conveyed by them as a common carrier, and that they are subjected to the same extraordinary liability.^'^ § 415.
What to read after Elements of the Law of Bailments And Carriers Including Pledge And Pawn And Inn?
You can find similar books in the "Read Also" column, or choose other free books by Philip T Philip Taylor Van Zile to read onlineMoreLess
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