 | Isaac Fletcher Redfield - 1867 - 944 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... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 892 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... | |
 | Francis Wharton - 1874 - 960 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... | |
 | 1885 - 1902 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... | |
 | George Washington McCrary, United States. Circuit Court (8th Circuit) - 1882 - 764 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 Grant Thompson - 1883 - 890 pages
...euch liability. In the case of New Jersey Steam Nav. Co. v. Merchants' Bank, supra, the court says : " 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... | |
 | 1884 - 978 pages
...227. The burden is upon the carrier to show a special contract modifyimj his public responsibilities. 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... | |
 | 1886 - 900 pages
...that the owner intended to insist upon his rights n? it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express sti]>nlation, by parol or in writing, should be permitted to discharge him from duties which... | |
 | Abraham Clark Freeman - 1895 - 1038 pages
...111. 43; Adamt Express Co. T. Haynes, 42 111. 89; Lake Shore tie. Ry. Co. v. Davit, 16 111. App. 425. "The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing •hould be permitted to discharge him from duties which... | |
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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.... 
