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" A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants. "
Lawyers' Reports Annotated - Página 350
1898
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Practice Reports in the Supreme Court and Court of Appeals, Volume 31

Nathan Howard (Jr.) - 1866 - 656 páginas
...England. Indeed I see in the Civil Code, which has been reported by the commissioners, a provision that " a common carrier cannot be exonerated by any agreement...from liability for the gross negligence, fraud or willful wrong of himself or his servants." The commissioners have, I think, divided negligence into...
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Revised Laws of the State of California: In Four Codes : Political ..., Volume 2

California, California. Commission to Revise the Laws of California - 1871 - 894 páginas
...written .- but it seems eminently desirable tilt •uch should be the law. NYCC, Sec. 1140. SEO. 2175. A common carrier cannot be exonerated, by any agreement...fraud, or wilful wrong of himself or his servants. Penn. RR vs. McCloskey, 23 Penn. St., 532: Cnmden A Amboy RR vs. Baldauff, 16 id., 67; Smith vs. NY...
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The Civil Code of the State of California, as Enacted in 1872: Amended at ...

California - 1876 - 626 páginas
...general notice on his part, but may be limited by special contract. [In effect July 1, 1874.] § 2175. A common carrier cannot be exonerated, by any agreement...fraud, or wilful wrong of himself or his servants. § 2176. A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 626 páginas
...his part, but may be limited by special contract. [In effect July 1, 1874.] § 2175. A common earrier cannot be exonerated, by any agreement made in anticipation...fraud, or wilful wrong of himself or his servants. § 2176. A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 612 páginas
...general notice on his part, but may be limited by special contract. [In effect July 1, 1874.] § 2175. A common carrier cannot be exonerated, by any agreement...thereof, from liability for the gross negligence, frand, or wilful wrong of himself or his servants. § 2176. A passenger, consignor, or consignee, by...
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The Northwestern Reporter, Volume 133

1912 - 1262 páginas
...presents itself upon the record. [2] 2. Section 5678 of the Revised Codes of 1905 reads as follows: "A common carrier cannot be exonerated by any agreement...from liability for the gross negligence, fraud or willful wrong of himself or his servants." It will help to clarify the dispute growing out of the pleadings...
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The Pacific Reporter, Volume 116

1911 - 1168 páginas
...gratuitously, has been settled in this state by legislative enactment. Section 2175, Civil Code, provides: "A common carrier cannot be exonerated, by any agreement...fraud, or wilful wrong of himself or his servants." Aside from the question of the meaning of the term "gross negligence" as used In this section, it is...
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The Pacific Reporter, Volume 184

1920 - 1056 páginas
...lins been settled in this state by legislative enactment. Section 2175 of the Civil Code provides : 'A common carrier cannot be exonerated, by any agreement...from liability for the gross negligence, fraud, or willful wrong of himself or his servants.' Aside from the question of the. meaning of the term 'gross...
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The Pacific Reporter, Volume 102

1909 - 1132 páginas
...performance of all its duties, and while its obligations may be limited by special contract, yet it cannot be exonerated by any agreement made in anticipation thereof from liability for the gross negligence of itself or its servants ; and, if you tind from the evidence that the injury to the cattle of plaintiff,...
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The Pacific Reporter, Volume 105

1910 - 1150 páginas
...company resulting from its gross negligence. Section 706, Wilson's Rev. & Ann. St 1903, reads as follows: "A common carrier cannot be exonerated by any agreement made in anticipation thereof from liability from the gross negligence, fraud or willful wrong, of himself or his servants." The effect of this...
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