INDEX. ABANDONMENT, of cargo by owner, ACCEPTANCE, qualified, 192. A. 486. early recognition of carrier's right to change his relation by con- see Southcote's Case, 192. See COMMON CARRIERS; DELIVERY BY CARRIER. ACCIDENT. See INEVITABLE ACCIDENT. ACT OF GOD, what is, 79, n.-83. See COMMON CARRIERS. ACTIONS AGAINST AND BY CARRIERS, remedy for not carrying, 587. absolute tender not necessary, 587. where action will lie, 590. statutory provisions, 590. notice of action to railway companies, 590. rule of construction, 591. remedy for loss, damage to, or non-delivery of goods, 592. form of action in such cases, 592. rule in Brotherton v. Wood, and other cases, rule in Woodward v. Booth, 594. 593. advantages of each mode of declaring, 594. non-joinder of parties, 595. joinder of trover and case, 596. conversion, what it is, 597. assumpsit, 598. advantages of action of assumpsit, 599. who may sue, 600. vendee or consignee generally, 600. consignor may sue when, 601. the principle involved, 602. general rule, 602. factor, carrier, &c., may sue for goods when, 603. ACTIONS AGAINST AND BY CARRIERS- continued. who can sue, 606. principal and agent, 608. Statute of Frauds, 609. general rule, 610. where consignee may sue, though property has not passed, 611. "bill of lading" defined, 613. "carrier" defined, 613. where delivery to carrier is delivery to purchaser, 613. where consignee cannot be found, 614. carrier's duty; consignor's remedy, 614. in case of carriers by water, bill of lading to be referred to, 615. bill of lading, evidence of what, 616. parties to be sued, 616. latent defects in men, 617. master liable for injury by servant, 619. the agent's authority, 620. servant only liable when, 620. joinder of parties, 621. distinction in this respect between carriers by land and by water, rule in Blakie v. Stembridge, 621. Scotch rule, 622. option of plaintiff to sue master or servant, 623. objects of the law, 626. the pleadings, 626. the Common-Law Procedure Act, 627. declarations, 627. reward, carriage for, 628. receipt of goods and breach of contract, 629. in case of gross negligence, 630. terms in ticket, part of contract, 631. limitation of liability to be considered, 632. reasonable time, 633. breach of implied duty sufficient, 634. the words "safely" and "securely," 635. termini to be correctly stated, 636. pleas, 636. plea of not guilty, 637. rule in Wyld v. Pickford, 637. Common-Law Procedure Act, 1852, 638. what may be proved under general issue, 639. what may amount to general issue, 639. what amounts to argumentative traverse of bailment, 640. admission of allegation, 641. inevitable accident, 643. replications, 643. evidence, 644. ACTIONS AGAINST AND BY CARRIERS - continued. character as carrier must be established, 645. delivery to, must be shown, 646. delivery on wharf to officer, 647. ordinary course of business, 648. production of books by defendant, 648. proof of loss of goods, 648. servant's evidence, 649. rule in Hawkins v. Finlayson, 650. burden of proof, 650. proof in assumpsit and in case, 651. non-delivery within reasonable time, proof of, 651. contracts, 652. as to value of lost goods, 653. disqualification of witness, 654. evidence for carrier in non assumpsit, 655. under general issue, 656. damages, 656. for refusing to carry, 657. illustration, 658. effect of notice in case of special damage, 658. damages for injury to or loss of goods, 659. distinction, 661, 662. under the Carriers' Act, 663. common-law rule, 663. consequential damages, 664. consequences of breach of contract, 665. average percentage on profits, 666. more precise rule necessary, 666. consequential damage not allowable when, 667. rule in Davis v. North-Western Railway Co., 668. rule in Simmons v. South-Eastern Railway Co., 668. what will be measure of damage, 669. where test is inapplicable, 669. amount that will replace the goods, 670 |