Description - The American and English Encyclopaedia of Law Volume 5 by David Shephard Garland
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...but that during the passenger's transit he shall be treated humanely, and protected from all dangers from whatever source arising so far as the efforts _of the carrier or his servants can be made available for the protection of such passenger." Chicago, etc., R. Co. 2-. Flexman, 9 Ill. App. 250. 1. See the cases in the note immediately preceding. Liability Arise: from Breach of Obligation.--In Pendleton 2/. Kinsley, 3 Cliff. (U. S.) 416, it was held that the owner of a steamboat was liable in an action for damages to a passenger who had been assaulted by the clerk of the steamer after a dispute about the payment of said passenger's fare. Clifford, .. delivering the opinion of the court. said: " Most of the recent cases in which the principle involved in such a controversy is considered, proceed upon the ground that where the misconduct of an agent causes a breach of the obligation or contract of the principal, then the principal is liable in an action to the injured party, whether such misconduct be wilful or malicious, or merely negligent; and it would seem that it must be so, as the cause of action arises from the breach of the obligation, and if so, it cannot make any difference whether the breach was occasioned by the act of the principal or of his employees. Qui faril fur alimu _/1101'! fer 50." Passenger May Sue Either upon the Contract or in Tort.--In Chicago, etc., R. Co. 1'. Barrett? I6 Ill. App. I7, the court said: " And, not only this, but in every such contract of carriage, there is a stipulation implied by the law that the passenger shall he humanely treated, and a guarantee that the servants of the carrier, engaged in the performance of their master's contract, shall not unjustifiably assault or beat him...
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