Provided, however, That if the loss, damage, or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition... Reports of Cases Decided in the Supreme Court of the State of North Dakota - Página 544por North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, Joseph Coghlan, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor - 1922Vista completa - Acerca de este libro
| United States. Court of Claims - 1927 - 902 páginas
...default of the shipper or owner. ***** "7. Except where the loss, damage or injury complained of is due to delay or damage while being loaded or unloaded...damaged in transit by carelessness or negligence, as conditions precedent to recovery, claims must be made in writing to the originating or delivering... | |
| United States. Court of Claims - 1930 - 854 páginas
...including freight charges, if paid. " Except where the loss, damage, or injury complained of is due to damage while being loaded or unloaded, or damaged in transit by carelessness or negligence as conditions precedent to recovery, claims must be made in writing to this carrier at the point of... | |
| United States. Court of Claims - 1926 - 1122 páginas
...performed or called for by this contract shall be discharged from liability; provided, however, that if loss, damage, or injury complained of was due to delay or damage caused or contributed to by the carrier, or its employees, while being loaded or unloaded, or if damaged... | |
| 1917 - 498 páginas
...proviso is obscure and ungrammatical. less than four months except in case of loss, damage or injury, "due to delay or damage while being loaded or unloaded,...damaged in transit by carelessness or negligence." • It is plain that loss or damage in transit which is not attributable to the carrier's negligence... | |
| 1919 - 2038 páginas
...at St. Louis, all claims would be deemed to have been waived, with the proviso, however, that: "If loss, damage, or injury complained of was due to delay or damage caused or contributed to by the carrier, or its employes, while being loaded or unloaded, or if damaged... | |
| Freeland Gotwalts Hobson, John Weiler Bickel, Abraham Hunsicker Hendricks, Albert Rosenberger Place, Nelson P. Fegley - 1922 - 392 páginas
...conditions of which read, in part, as follows: "Except where the loss, damage, or injury complained of is due to delay or damage while being loaded or unloaded,...damaged in transit by carelessness or negligence, as conditions precedent to recovery, claims must be made in writing to the originating or delivering... | |
| 1920 - 956 páginas
...entitled Bill of Lading Conditions: 'Except where the loss, damage, or injury complained of is due to the delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, as conditions precedent to recovery, claim must be made in writing of the originating or delivering... | |
| Arkansas. Supreme Court - 1920 - 676 páginas
...giving notice of claims than ninety days and for the filing of claims for a shorter period than four months, and for the institution of suits than two...be required as a condition precedent to recovery." Onr interpretation of this amendment is that it prevents the carriers on interstate shipments from... | |
| Arkansas. Supreme Court - 1922 - 700 páginas
...an exception in the requirement of notice of loss "where the loss, damage or injury complained of is due to delay or damage while being loaded or unloaded, or damaged in transit by carelesness or negligence," losses or damages in transit are excepted from the requirement of notice.... | |
| New York (State). Supreme Court. Appellate Division - 1919 - 1124 páginas
...and the bill of lading provision make a double classification of claims, to wit, (1) those for loss due to delay or damage while being loaded or unloaded, or damaged in transit, which we will call transit claims; and (2) those for loss otherwise sustained, which we will call non-transit... | |
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