The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence.... Albany Law Journal - Page 2091885Full view - About this book
| 1885 - 1232 pages
...the agreement, after a loss, is to expose the carrier to a greater risk than the parties intended be should assume. The agreement as to value, in this...value has no tendency to exempt from liability for negrt ligence. It does not induce want of care. It exacts from the carrier the * measure of care due... | |
| 1891 - 1132 pages
...of public policy. In Hart v. Railroad Co., 112 US 331, 340, 341, 5 Sup. Ct. Rep. 151, the court say: "The limitation as to value has no tendency to exempt...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... | |
| 1909 - 1164 pages
...performance of his duties. But a stipulation as to the value of the goods to be shipped has no such tendency. It exacts from the carrier the measure of care due to the value agreed on, and is, we think, a proper and lawful mode of securing a due proportion between the amount for which... | |
| 1896 - 1222 pages
...ship five horses, whose value, by agreement, was fixed at not exceeding $200 each. The court said: "The limitation as to value has no tendency to exempt...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... | |
| 1888 - 1048 pages
...been told by the plaintiff the sum inserted in the contract. The limitation as to value has notendency to exempt from liability for negligence. It does not...in that value for negligence. The compensation for carnage is based on that value. The shipper is estopped from saying that the value is greater. The... | |
| Arkansas. Supreme Court - 1888 - 642 pages
...the freight and secure the carriage 410 SUPREME COURT OF ARKANSAS, St. L., IM & 8. By. Co. v. Weakly. if there is no loss; and the effect of disregarding...care due to the value agreed on. The carrier is bound t» respond in that value for negligence. The compensation for caraiage is based on that value. The... | |
| 1888 - 1050 pages
...been told by the plaintiff the sum inserted in the contract. The limitation as to value has notendency to exempt from liability for negligence. It does not...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... | |
| 1915 - 1288 pages
...has no tendency to exempt from liability for negligence ; that it does not induce want of care, but exacts from the carrier the measure of care due to the value agreed on. The decision of that case was placed upon the distinct ground that such a contract is valid when fairly... | |
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