Divergent state liability rules made interstate carriage outcomes unpredictable
Evidence
State decisions and statutes, however, constituted a source of continui-arikitisnaotihn, “TLost states held that railroads could eliminate or greatly reduce their common law carrier’s liability, and railroads had seized the opportunity to do so. Shipper dissatisfaction was inevitable, Some state legislatures enacted statutes to forbid such action by railroads. With respect to interstate journeys, it was difficult to predict which state’s law would be applied. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3867
Categorization
- XREF: connects to: Judicial rulings on carrier liability long failed to reach legislative draftsmen — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3857; Free interstate mobility turned American states into competing sellers of laws — Lawrence M. Friedman, A History of American Law, 2374; Interstate commerce created pressure for uniform commercial laws — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 460 (+2 more)
Broader Connections
- Interstate commerce created pressure for uniform commercial laws
#corroborates(0.85) — Lawrence M. Friedman and Grant M. Hayden, American Law, 460 - Free interstate mobility turned American states into competing sellers of laws
#expands(0.80) — Lawrence M. Friedman, A History of American Law, 2374 - Conflicting sister-state precedents paradoxically fuel common-law change rather than stability
#corroborates(0.80) — G. Alan Tarr, Judicial Process and Judicial…, 3534 - Unpredictable legal jurisdiction destroys rule of law and trust in courts
#expands(0.75) — Diego Gambetta, Trust - Making and Breaking Cooperative…, 1838