Edward Douglass White

Name: The Kensington — Opinion of the Court
Author: Edward Douglass White

Summary

“The Kensington — Opinion of the Court”, is a work by Edward Douglass White. It explores elements such as the United States, baggage and ticket.

Quotes from The Kensington — Opinion of the Court (Edward Douglass White)

Edward Douglass White, The Kensington — Opinion of the Court

“ We have previously pointed out, under the assumption that the Harter act does not apply to the carriage of the baggage of a passenger, that such law in effect affirms the rule of public policy as previously existing in the cases, where no change was made. But that act expressly prohibits carriers engaged in the business which it regulates from contracting, even in a foreign country, for a shipment to the United States, to relieve themselves from negligence in cases where the statute does not do so. ”

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Source: Wikisource

Edward Douglass White, The Kensington — Opinion of the Court

“ Where a contract is made in a foreign country, to be executed at least in part in the United States, the law of the foreign country, either by its own force or in virtue of the agreement of the contracting parties, must be enforced by the courts of the United States, even although to do so requires the violation of the public policy of the United States. ”

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Source: Wikisource

Edward Douglass White, The Kensington — Opinion of the Court

“ Manifestly, what is a reasonable maximum amount when a larger value is allowed to be carried as baggage by paying an additional compensation is a different question from what is a reasonable amount where the right to declare and pay for a larger sum is refused, or, what is equivalent thereto, is permitted only upon condition that the passenger subjects himself to conditions which are void as against public policy. ”

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Source: Wikisource

Edward Douglass White, The Kensington — Opinion of the Court

“ The lesser the immunity from negligence the greater the power to avoid the consequences of negligence.
The general exemptions from responsibility for negligence which the ticket embodies being controlled by the rule enforced in the courts of the United States, and being therefore void, because against public policy, we come to consider the particular provisions contained in the ticket with reference to the value of the baggage and the limit of recovery, if any, arising therefrom. ”

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Source: Wikisource

Edward Douglass White, The Kensington — Opinion of the Court

“ The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract of transportation, between the parties to that contract. The carrier must respond for negligence up to that value. It is just and reasonable that such a contract, fairly entered into, and where there is no deceit practised on the shipper, should be upheld. There is no violation of public policy. ”

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Source: Wikisource

Edward Douglass White, The Kensington — Opinion of the Court

“ In doing so we shall, of course, assume, for the purpose of this branch of the case only, that the conditions relied upon were a part of a unilateral contract, and were binding as far as they were just and reasonable. It is apparent if the carrier, in transporting the baggage, was governed by the act of February 13, 1893, designated as the Harter act, any provision in the ticket exempting from liability for fault in loading or stowage was void because inhibited by the express provisions of the statute. ”

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Source: Wikisource

Edward Douglass White, The Kensington — Opinion of the Court

“ Neither the shipowner nor the agent is under any circumstances, or for any cause whatever or however arising, liable to an amount exceeding 250 frances for death, injury, or delay of or to any passenger carried under this ticket. The shipowner will use all reasonable means to send the steamer to sea in a seaworthy state and wellfound, but does not warrant her seaworthiness. ”

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Source: Wikisource

Edward Douglass White, The Kensington — Opinion of the Court

“ This doctrine was announced so long ago, and has been so frequently reiterated, that it is elementary. We content ourselves with referring to the cases of the Baltimore & O. S. W. R. Co. v. Voigt, 176 U.S. 498, 505, 507, 44 L. ed. ”

Edward Douglass White

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