Page:Black's Law Dictionary (Second Edition).djvu/179

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CARE

own which are of great importance; or it is that degree of care usually bestowed upon the matter in hand by the most competent. prudent, iiiid careful persons having to do with the par tin ulsr subject. Railway Co. v. Rollins. 5 Ix n. I l: Litchfii-ld v. \\’liite. 7 N. Y. 4-'1‘. ._v7 .-\iii. c. -I RIIIIM n_v Co. v. Smith. 87 Tex. 34-5. 28 S. \\. 20: Telegraph Co. v. Cook. 61 Foil. (E8, 9 C. C. A. 680.

Reasonable care is such it degree of care. precnirtion, or diligence as may fairly and properly be expected or required, having rcgard lo the nature of the action, or of the suhjecl.- matter, and the circumstances surrounding the Ii-iiiisiiction. "Reasonabie care and skill" is a relative phrase and. in its application as a rule In‘ mt.-nsiire of duty, will vary in its require— menis, according to the circumstances under which the care and skill are to be exerted. Hudson River R. Co. 6 Diner Cunningham v. Hull. 4 Allen . Dexter v. l\IcCread_v. 54 Conn. 171, 5 All B.i5: Appei v. Eaton & Price Co., !|T Mo. Apn. 4'38. 71 S. W. 741: Illinois Cont. R. Co. v. Noble, 142 Ill. 5'i'8, fl N. E. 684.

CARENA. A term used in the old eccle «in-slical law to denote a period of forty days.

CARENCE. In French law. Lack of asst-ls; insolvency. A proc(‘.s'-rcrbal do carence ‘s a dncurnent setting out that the huissier -meiidcd to issue execution upon a judgment, hut found nothing upon which to levy. Arg. Fr. Mere. Law, 547.

CARI-STA, (spelled, also Cm-reta, and Cflr

icclu.) A cart; a curt-load CAEETORTUS, or CARECTARIUS. A I‘.-irter. Blouut. GARGA. In Spanish law. An incum-

I-mnce, a clisrge ilt. I3. C. 2, § 2.

White, New Recop. b. 2,

CARGAISON. In French coinnicrciiil law. Cargo: ladjng.

CARGARE. In old English luw. To chiirge. Spelinun.

CARGO. In mercantile law. The iond

or lridlng of a vessel; goods and inercliandise put on board a ship to be carried to a certain port.

The lndlng or freight of a ship: the goods, iiieirliaiidise, or wbiitever is conveyed in a .-liip or other merchant vessel. Seam.-ins v. lmliig. 21 Fed Gas. 920; Wolcott v. Insur- uuun (_'o.. 4 Pick. (Mass) 429: Miii-_i‘ v. Inniriiiice Co.. 9 Metc. (.\Ia .) 366; Thwing v. Insurance 00., 103 Mass. 401. 4 Am. Rep. .'.-I7.

‘-1 cargo is the IOI1dIlI.':‘ of a shi or other _ves- —A, the bulk of which is to e ascertained fun the ciilincitv of the ship or vessel. The -.\-(fl embraces all that the \'t‘SSOl is cimnhle of Flanngiin 1' Dem-nrcst, 3 Roh. (N.

. i.)

The term may he applied in such a sense as to include passengers, as well as freight. but in a technical sense it designates goods only.

171

CA RRIAGE.

CAEIAGIUM. In old Eugisb law. Carriage: the carrying of goods or other things for the king.

CARISTIA. Dearth. scarcity. dearnss. Cowell. CARR. In old English law. A quantity

of wool, whereof tiiii-iv make a sarplar. (The latter is equal to 2,240 pounds in weight.) St. 27 Hen. VI. 1:. 2. Jacob

CARLISLE TABLES. Life and annuity tables, compiled at Curlisie, England, about 1780. Ueed by actuaries. etc.

CARMEN. In the Roman law. Liter- ally. in verse or song. A formu.la or form of nords used on vaiilous occasions, as of di-

vorce. 'I‘uy1. Civil Law, 349. CARNAL. Of the body; relating to the body; fieslily; sexual.

—Ca1-nal knowledge. The act of a man in having sexual bodily connection l7\IlI'l a woniiin. (‘arniii knowledge and sexual intercourse he_id equivalent expressions. Nohle v. State, 22 Ohio St. 541. I4‘i'oi:n very early times, in the law, as in common speech, the meaning of the words “carnal kiiowlctlge" of a woman by a man has been sexual bodily connection: and these words, nithout more. have been IISHI in that sense by writers of the highest authority on criminal low, when undertaking to give a full and pre— use definition of the crime of rape, the highest crime of this character. Com. v. Squires. 97 M iss. 61.

CARNAIJTEE. In old criminal law. Carnally. Carrzaliter cagviuvii. czirnniiy knew. Technical words in indictinents for rape, and held essential. 1 iI.ile, P. C. 63'!- 639.

CARNALLY KNEW. In plearliii-,:. A technical phrase essential in an imlictuient to charge the defendant with the crime of riipe.

CARNO. An im-

munity OF privilege.

In old English Inn’. Conell.

CAROOME. In En::llsli law. A license

by the lord mayor of London to keep a cart. J

CARPEIVIEALS. Cloth made in the norlhern parts of England, or a coarse kind. mentioned in 1 Jae. I. c. 16. Jacob.

A car Lns

CARREILA. In S1].llliSl1 law. Tiilge-‘\\‘.'ly; the right of a c.ii‘ri:1ge-way. Purtidas, pt. 3, tit. 31, 1. 3.

CARRIAGE.}} A vehicle used for the triinspoilation of persons either for pleasure or business, and drawn by horses or other draught animals over the ordinary streets and highways of the country: not including cars used exclusively upon railroads or street railroads expressly constructed for the use of

such care. Snyder v. North Lawrence. 8