The Law of Carriers of Passengers : Illustrated By Leading Cases And Notes
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To quickly assess the difficulty of the text, read a short excerpt:
470 ; 26 L. J. (Q. B.) 49. 6 i Car. & P. 414.
' 4 Esp. 259. « 2 Camp. 81, post, p. 181.
10 146 LIABILITY OF THE CAKBIBE FOB NEGLIGENCE.
Eeadhead v. Midland Itailway Company.
contract to carry goods and a contract to carry passengers. For the goods the carrier was answerable at all events. But he did not warrant the safety of the passengers. His undertaking as to them went no further than this : that as far as human care and foresight could go, he would provide for their safe conveyance. Therefo...re, if the breaking down of the carriage was purely accidental, the plaintiff had no remedy foi'the misfortune he had encountered." We may depend on the accu- racy of this reporter. Mansfield, C. J., here does not very accurately distinguish between the possible view of the case that the misfortune might have arisen though the vehicle was reasonably fit for the journey, and so be purely accidental, and the possible view that the accident, and the circumstances attending it, showed that the coach could not in fact be reasonably fit for the journey ; but, on the whole, I think it must be taken that he thought there was no warranty such as would make the coach proprietor liable for a latent defect in the toach.
What to read after The Law of Carriers of Passengers : Illustrated By Leading Cases And Notes?
You can find similar books in the "Read Also" column, or choose other free books by Seymour D Seymour Dwight Thompson to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
470 ; 26 L. J. (Q. B.) 49. 6 i Car. & P. 414.
' 4 Esp. 259. « 2 Camp. 81, post, p. 181.
10 146 LIABILITY OF THE CAKBIBE FOB NEGLIGENCE.
Eeadhead v. Midland Itailway Company.
contract to carry goods and a contract to carry passengers. For the goods the carrier was answerable at all events. But he did not warrant the safety of the passengers. His undertaking as to them went no further than this : that as far as human care and foresight could go, he would provide for their safe conveyance. Therefo...re, if the breaking down of the carriage was purely accidental, the plaintiff had no remedy foi'the misfortune he had encountered." We may depend on the accu- racy of this reporter. Mansfield, C. J., here does not very accurately distinguish between the possible view of the case that the misfortune might have arisen though the vehicle was reasonably fit for the journey, and so be purely accidental, and the possible view that the accident, and the circumstances attending it, showed that the coach could not in fact be reasonably fit for the journey ; but, on the whole, I think it must be taken that he thought there was no warranty such as would make the coach proprietor liable for a latent defect in the toach.
What to read after The Law of Carriers of Passengers : Illustrated By Leading Cases And Notes?
You can find similar books in the "Read Also" column, or choose other free books by Seymour D Seymour Dwight Thompson to read onlineMoreLess
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