Henry Billings Brown

Name: The Caledonia/Dissent Brown — Dissent
Author: Henry Billings Brown

Summary

“The Caledonia/Dissent Brown — Dissent”, is a work by Henry Billings Brown. It explores elements such as carrier, damage and delay.

Quotes from The Caledonia/Dissent Brown — Dissent (Henry Billings Brown)

Henry Billings Brown, The Caledonia/Dissent Brown — Dissent

“ Justice Sutherland observing: 'Plaintiff, as a common carrier, was responsible, at all events, for the final safety and delivery of the defendants' goods to them at Ithaca. Nothing could exonerate him from that responsibility but the act of God or a public enemy. But, in respect to the time of delivery, he was responsible only for the exertion of due diligence. In this respect common carriers stand upon the same ground with other bailees. They may excuse delay in the delivery of goods by accident or misfortune, although not inevitable, or produced by the act of God. ”

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Source: Wikisource

Henry Billings Brown, The Caledonia/Dissent Brown — Dissent

“ Not only do the general principles of law hold him liable simply for the exercise of diligence, but the bill of lading in this case expressly exonerates him for 'loss or damage from delays.' From reasons of public policy, and from the fact that the carrier and his servants are solely intrusted with the custody of goods carried, and the owner has no means of protecting himself against their embezzlement or negligence, the law has imposed upon the carrier the stringent liability of an insurer. ”

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Source: Wikisource

Henry Billings Brown, The Caledonia/Dissent Brown — Dissent

“ The person who sends goods is not entitled to call upon the carrier to go out of his accustomed course, or to use extraordinary means of conveyance; but the carrier must do that which is within his power, and which it is reasonable to expect that he should do, for delivering the goods.'
The case of Taylor v. Railway Co., L. R. 1 C. P. 385, was an action for damages sustained in consequence of a delay in the delivery of three hampers of poultry sent by the railway for the early London market. ”

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Source: Wikisource

Henry Billings Brown, The Caledonia/Dissent Brown — Dissent

“ Both in this court and in the court below the case is treated as one involving the liability of the carrier as an insurer of the goods in question. The authorities, however, made a clear distinction between the loss of or direct damage to goods on account of unseaworthiness and the consequences of mere delay. In the one case the contract is to deliver the goods at all events, the acts of God and the perils of the sea alone excepted. In the other, it is to use all reasonable exertions to carry the goods to the port of destination within the usual time. ”

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Source: Wikisource

Henry Billings Brown, The Caledonia/Dissent Brown — Dissent

“ The delay was occasioned by an accident which occurred on defendant's line to a train of another railway company, which had running powers over that portion of the line. The accident resulted solely from the negligence of the servants of the other corporation. It was held that the railway was not responsible; Erle, C. J., observing: 'I think a common carrier's duty to deliver safely has nothing to do with the time of delivery. That is a matter of contract, and when, as in the present case, there is no express contract, there is an implied contract to deliver within a reasonable time ”

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Source: Wikisource

Henry Billings Brown, The Caledonia/Dissent Brown — Dissent

“ Raym. 909, 918: 'This is a politic establishment provided by the policy of the law for the safety of all persons, the necessity of whose affairs obliges them to trust these sorts of persons, that they may be safe in their ways of dealing; for else these carriers might have an opportunity for undoing all persons that had any dealings with them, by combining with thieves, etc., and yet doing it in such a clandestine manner as would not be possible to be discovered. ”

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Source: Wikisource

Henry Billings Brown, The Caledonia/Dissent Brown — Dissent

“ Div. 187, was a similar case, wherein the cargo was proceeded against for salvage. The bills of lading under which the cargo was shipped contained, among other excepted perils, the clauses: 'Warranted seaworthy only so far as ordinary care can provide,' and 'owners not to be liable for loss, detention, or damage * * * if arising directly or indirectly * * * from latent defects in boilers, machinery,' etc. The Laertes broke down from a latent defect, which could not have been discovered by the exercise of reasonable care ”

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Source: Wikisource

Henry Billings Brown, The Caledonia/Dissent Brown — Dissent

“ The English cases are even more explicit than our own, in treating the contract of the carrier as demanding only the exercise of due diligence with respect to the time of delivery. A leading case is that of Briddon v. ”

Henry Billings Brown

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