 | Joseph Kinnicut Angell - 1849 - 808 pages
...insist upon his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1849 - 710 pages
...insist on his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol, or in writing, should be permitted to discharge him from duties which... | |
 | 1849 - 710 pages
...insist on his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by pnrol, or in writing, should be permitted to discharge him from duties which... | |
 | Joseph Kinnicut Angell - 1851 - 836 pages
...insist upon his rights, and the duties of the carrier, as it is that he assented to their qualfication. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1916 - 830 pages
...referring to New Jersey Steam Navigation Co. v. Bank, 6 How. (US) 343, quotes the following language: " 'The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which... | |
 | Henry Flanders - 1853 - 584 pages
...insist upon his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which... | |
 | Isaac Edwards - 1855 - 708 pages
...insist upon his rights, and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol, or in writing, should be permitted to discharge him from duties which... | |
 | Illinois. Supreme Court - 1861 - 710 pages
...that the owner intended to insist upon his rights, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation, by parol or in writing, should be per- /' mitted to discharge him from duties... | |
 | William B. Wedgwood - 1866 - 492 pages
...insist upon his rights and the duties of the carrier, as ibis that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation should be permitted to discharge him from duties which the law has annexed to... | |
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Nowlen, that if any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights, and the duties of the carrier, as it is that he assented to their qualification.... 
