But

delivery, time of. A carrier is not bound, unless he stipulate absolutely to deliver goods by a particular time, to do more than to deliver in a reasonable time, under all the circumstances attending the transportation. if the carrier contract specially to deliver in a prescribed time, he must perform his contract, or suffer the damages sustained by his failure." He is liable upon general principles, where the goods are not delivered through his default, to the extent of their value at the place. In the absence of a special contract the carrier is bound to deliver the goods at their destination; or, at the end of his route, to the next carrier, in a reasonable time according to his usual course of business, or according to contract." A delay caused by an unusual press of business will not make the carrier liable, nor the loss of a bridge from an unusual freshet. A carrier is excused by the custom and usual course of navigation. Where two companies are using the same line, the one is not liable for delay caused by the negligence of the other.

A carrier is liable upon general principles where the goods are not delivered through his default, to the extent of their value at the place of their destination; and this includes the profits of the adventure. If the goods are only damaged, or not delivered in time, the owner is bound to receive them. He will be entitled to damages, but cannot repudiate the goods and recover from the carrier as for a total loss.a In an action against a carrier for damage done to goods carried, it is enough to prove the good condition of articles when put into his possession and their deteriorated state when received from him. Any damage resulting from

4-5 C. B. (N. S.) 149; Id. 882; 28 Vt. 180: 5 Jur. (N. S.) 648; S. C. 2 El. & Bl. 66; 11 C. B. (N. S.) 553; 8 Jur. (N. S.) 868. r-Story Bailm. 545, a; 5 M. & G. 551; 6 McLean, C. C. 296; 19 Barb. 36; 12 N. Y. 245. What is a reasonable time is to be decided by the jury, from a consideration of all the circumstances, 7 Rich. 190, 409. S-1 Duer, 209; 12 N. Y. 99. 1-5 M. & G. 551 6 McLean, 296; 7 Rich. 190, 409; 6 Duer. 375; 8 L. T. (N. S.) 421; S. C. 4 B. & S. 466; 16 Mo. 484; 5 W. & S. 123; 5 N. H. 358; 11 Mass. 229; 5 Man. & G 316 8 T. R. 259; 28 Mo. 124; 30 Ala. 608. u-18 Eng. L. & Eq. 557; C. B. 637; S. C. 25 Eng. L. & Eq. 347: 1 Jones (N. C.) 211; 14 Wend. 210; Story Bailm. 545, a: 14 I. 156; 22 Barb. 278; 1 Rich. 409; Id. 190; 2 Kernan, 99: Ang Carriers, 294: 11 Wis. 407; 28 Mo 124, 243; 30 Ala. 608; 7 H. & N. 400; S. C. 5 L. T. (N. S.) 399; 14 Iowa, 214. V-9 Barb. 36; S. C. 2 Kernan, 245; 18 Ill. 488. w-7 Rich. 409. Newb. Adm. 464. X-6 McLean, 296; 28 L. J. 51; 32 L. T. 94. y-1 C. P. 385; S. C. 12 Jur. (N. S.) 372; 32 Ill. 116. Z-4 Whart. 204; 11 La. An. 324: Sedgw. Dam. 356; 2 B. & Ad. 932; see also 12 S. & R. 183; 1 Cal. 108. a-5 Rich. 462; 12 N. Y. 509; 35 N. H. 390. b-2 F. & F. 796; 3 F. & F. 77. d-1 Conn. 487. e-B. N. P. 69; 3 Kent Comm. 299, 300, 301; Story Bailm.

bad package will go to lessen the amount of damage.b

bad package, internal decay. Losses from natural causes, as frost, evaporation, or natural decay of perishable articles, the carrier exercising all reasonable care to preserve them, and from the natural and necessary wear by careful transportation, in the mode to which the carrier is accustomed, or from the defective nature of the vessels or packages in which the things are put by the owner or consignor, will excuse the carrier. The carrier is not responsible for natural decay or leakage. So, also, except for damages caused by delay, where the owner selects his own carriage, and loads it ;g but the carrier must do all in his power to arrest damage to goods, though he may not have been in fault on account of, or responsible for its occurrence. The owner must bear the damage of loss from dampness of the hold, as one of the accidents of navigation, if it be excepted from the risk, and is no fault of the carrier. A bill of lading, stating the goods in good order, is only prima facie evidence of that fact and refers to the external appearance of packages.1 The owner is responsible for loss from defects in the article.)

Lien for. A carrier is entitled to a lien for freight for goods carried; but if he once deliver the goods this lien is waived." Or, if the goods be damaged in a manner for which the carrier is liable, the owner may deduct the amount of injury from the freight." But the goods must be carried, and ready for delivery, or the carrier has no right to detain them for freight. But if freight through be paid to the first carrier, lien does not ordinarily attach. A wrong doer cannot create a valid lien against the real owner.¶ A passenger carrier has a lien upon baggage for fare. Carriers have no lien for a general balance of account.8 Carrier's liens may be waived in the same manner as other liens. But if a delivery be obtained by fraud, the goods will be restored by replevin." The last carrier upon the route may detain the goods until the whole freight is paid, and charges during transit of warehousemen and forwarders.

492, a; 6 Watts, 424; 37 Miss. 691; Ang. Carriers, 210, 211, 212; 4 Kernan, 570; 3 Met. (Ky.)51; 6 Duer, 375; Am. Ry. Times, No. 14; 16 Ill. 502; 20 Id. 623; 7 L. Reg. 348; S. C. 52 Penn. St. 414; 2 H. & N. 575; 28 Vt. 180; 5 Jur. (N. S.) 648; S. C. 2 El. & Bl. 66. f1 Black. (N. S.) 170; Id. 156. g-20 N. Y. 232; 27 Ga. 535. h-18 Penn. St. 224; 12 La. An. 410; 21 Wis. 21. i-12 How. (U. S.) 272. j-18 Id. 231; 21 Id. 7. 1-2 Ld. Raym. 752 6 Humph. 70; 18 Ill. 488. m-13 B. Mon. 239, 243: 16 Ill. 408. n-13 B. Mon. 239, 243; 16 Ill. 408; Snow vs. Carruth, U. S. Dist. Ct. Mass., 19 Law Rep. 98; 1 Watts. 39; 5 Id. 446; 6 Whart. 435; 1 Scam. 462: 11 Ohio, 303; Lalor's Supp. to H. & Denio, 163; 6 Gray, 539. 0-16 Johns, 348, and cases cited. p-8 Doug. (Mich.) 1; 1 T. R. 659; 8 Id. 330; 42 Me. 572. 9-5 Cush. 137: 8 Gray, 262, 42 Maine, 197: 2 Ld. Raym. 866; 6 Whart. 418; 20 Wend. 267-275. r-Story Bailm. 604; 2 Camp. 631; 26 Vt. 316. S-6 East. 519; 2 Halst. 168; 4 Burr. 2214; 2 Grant's Cas. 139; 26 III. 195. 1-4 B. & Ald. 50: 26 Ill. 195. u-6 Hill, 43: S. C. 4 Denio, 496; 1 Sandford, 248. v-Lalor's Supp. to H. & Denio, 163; 19 Wend. 386; 4 Hill, 107; 1 Strange, 556; 1 Holt. N. P. C. 389; 1 Kent Comm. 642: 24 Maine, 339; 25 Mo. 76.

A carrier cannot sell goods in satisfaction of lien." An owner may pay freight and sue for goods lost. A carrier is bound to keep goods a reasonable time, if they are refused by the consignee. The carrier's lien does not cover the expense of keeping it until the debt is paid, when it is detained against the will of the debtor, but it covers the back charges. lien for freight in favor of the last company is not affected by defaults of the first company.b Carriers have no lien for goods carried for the national government.

The

If an owner accept goods at any intermediate place short of the original destination, he will be liable to pay freight pro rata. And when the carrier pays for the loss of goods, it is equivalent to delivery, and he is entitled to deduct freight. If goods are unlawfully detained, the consignee being ready to pay freight, may maintain trover, without formal tender. A consignee, indorsing a bill of lading, without recourse, or a mere agent for the delivery of goods for another, is not personally responsible for freight. As in other cases of lien, a waiver will be presumed by an unconditional delivery of goods; but a delivery of a part of the cargo will not operate as a waiver of the lien upon the portion not delivered. It is a question of fact whether there has been a complete delivery. There is no lien for a general balance; such a custom is void. A carrier's tien does not attach upon loading the goods on ooard, or until the voyage is entered upon," or where there is a special contract as to payment." freight may be demanded before delivery, but is only payable according to the bill of lading.

k

Where a carrier claims more than is due, it dispenses with tender of the amount actually due.

Payment of. A carrier is entitled to demand his pay in advance; but if no such condition is insisted upon at the time of the delivery of the goods, the owner is not obliged to tender the freight, nor in an action is it necessary to allege more than a willingness and readiness to pay a reasonable compensation to the carrier. A refusal to carry excuses any tender of compensation. Payment of freight and fare will sometimes be presumed."

A carrier is not bound to receive goods which he is not accustomed to carry, or when his means of conveyance are all employed, or before he is ready to depart; or where property is publicly exposed to the depredations

W-11 Barb. 41; 1 Strange, 556. X-28 Penn. St. 505. -31 Law Times, 38; S. C. 2 Hurl. & Nor. 491. Z-8 Ho. Llds 338; S. C. 6 Jur. (N. S.) 761. a-13 Iowa, 253: 12 La. An. 24. b-6 Allen, 246; 11 Id 295; 4 G. Greene, 516; 32 Penn. St. 270. C-1 Maine, 301. d-1 Nott & M'C. 132. e-1 Bay, 101. f-9 Cush. 215. g-2 Exch. 37; 1 C. P. 689; 1 Taunt. 311; 10 Watts, 384; 13 East. 399. h-8 M. & W. 798. i-4 Allen, 212; I Black. 108. j-1 Gale, 17. k-Id. 1-5 B. & Ald. 350. m-3 Scott, 521; S. C. 3 Bing. (N. C.) 99. n-3 Har. & G. 225: 5 Binn. 392. 0-18 Johns. 157; 8 Wheaton, 605; 12 Moore, 361. p-Law Rep. 2 C. P. 348: 2 Moore, P. C. (N. S.) 277: 14 Gray, 149. q-3 Hurl. & Nor. 715. r-5 Id. 931. S-2 Show. 81: Id. 129 and notes; Cro. Jac. 262; 2 Show. 327: 8 M. & W. 372; 18 Ill. 288; 1 Hiton, 499; 12 Iowa, 191; 27 Mo. 17. t-1 East. 203;

of the mob, or where goods are not safe to be carried. So, too, he may excuse himself by showing that loss happened through negligence of the owner of the goods in packing or otherwise, or from internal defect, without his fault. The carrier cannot refuse to carry a parcel because the owner refuses to disclose the contents. There should be uniformity in rate of charges. Goods may be rated according to

custom.z

Goods must be received, and carried in the order in which they are offered."

Insurable Interest in Goods.-The carrier has an insurable interest in the goods, both in regard to fire and marine disasters, except such as result from inevitable accident, such as fire by lightning and the like.b Carriers may insure for their own benefit, and their insurable interest continues so long as the liability of carrier continues, even where they employ other carriers. A warehouseman or wharfinger may insure and recover the full value of the goods "in trust. "'d Carriers, not responsible for loss by fire, may insure goods in their possession, describing them as "goods in trust as carriers," and recover their full value.e

But

Responsibility-Carrier's, begins when. The liability of the carrier begins when the goods are delivered to him, or his proper servant, authorized to receive them for carriage. A delivery at the usual place of receiving freight, or to the employees of the company in the usual course of business, is sufficient. where carriers have a warehouse at which they receive goods for transportation, and goods are delivered there not to be forwarded until some event occur, the carriers are, in the meantime, only responsible as depositaries; and where goods are received, as wharfingers, or warehousers, or forwarders, and not as carriers, liability will be incurred only for ordinary negligence. Where goods are so marked as to pass over successive lines of railway, or other transportation having no partnership connection in the business of carrying, the successive carriers are only liable from the time of receiving the goods.i

A delivery at the usual place a receiving goods with notice to the proper serv nt of the company is sufficient, for a carrier is ocund to keep goods safely after delivery to him for carriage, as well as to carry safely; when goods are delivered to be carried, the carrier is 2 Kent Comm. 598-599 and note; 14 Ala. 249, 261. 3 Penn. St. 451; 1 Parson's Contr. 649. V-1 Ld. Raym. 652; I Ventris, 190; 2 Lev. 69; 3 Doug. 389: 19 Barb. 36. W-1 East. 604; 20 Wis. 594. x-Story Bailm. ? 328; 2 Kent Comm. 599; Hodges Rlwvs. 613; Ang. Carr. 125. y-2 Greenl. Ev. 214; 5 Watts, 446: 19 Penn. St. 243: 3 Watts & S. 21: 31 Maine, 228; 11 Pick. 41 6 Bing. 743; 22 Vt. 213. Z-16 Ga. 558; 3 C. B. (N. S.) 324. a-40 Mo. 491; 13 La. An. 553. b-12 Barb. 595 C-12 Barb. 595: 13 Id. 353, 361. d-5 El. & Bl. 870: S. C. 34 Eng. L. & Eq. 116: 1 Black. (U. S.) 574, 582; 2 Sandf. S. C. 290; 8 Gray, 281. e-1 Ellis & Ellis, 652. f-20 Conn. 534; 2 Carr & K. 680; 2 M. & S. 172; 16 Barb. 383: Ang. Carr. 129, 147, and cases cited. -24 N. H. 71. h-7 Cow. 497. i-8 Rich. 246. j-1 Wilson, 281; 20 Conn. 354; 9 Ind. 400; 5 Bosw. 625; a Bos. & P. 416; 10 La. An. 776.

k

liable from the time of delivery, but is not responsible on a continuous line of transportation until they receive the goods. An acceptance by an agent is sufficient without a payment of freight. It is a question of, fact whether the carrier took charge of the goods." It is sufficient to charge the company that the goods are put in charge of their servants.o

If goods are kept back by direction of the owner, the company are only responsible as depositaries; and if the defendants are both warehousemen and carriers, and receive goods with instruction to forward immediately, they are liable as carriers. Instructions to forward may be inferred from the course of business, in the absence of express proof."

For Carriage beyond the Company's Road. In the absence of special contract, the carrier is only liable for the extent of his own route, and for safe storage and delivery to the next carrier. He may undertake for the whole route, and this is presumed when they are connected in business," even though the connection is only temporary.

Carriers are only responsible for safe carriage and delivery to the next carrier according to ordinary usage." Where special directions are given to a carrier they must be followed. A d it makes no difference that portions of the ro te are by steamboat and other portions by land where no railway exists.

Receiving freight for the entire route binds the carrier to that extent, unless proof be given to rebut that implication.

etc.

- For Parcels carried by Express, Carriers who allow servants to carry parcels are liable for their loss, and allowing perquisites to go to agents will not excuse a company.

An owner of parcels carried by express may look to the company, and may sue any of the subsequent carriers in the line of transportation, guilty of a default in duty, although his contract was made with the first carrier, to whom he delivered the goods."

201

k-16 Barb. 383. 1-8 Rich. 240; 4 Law J. 38, S. C. nom.; Dav. C. C. Rep. 83; 1 Hilton, 223. m-2 C & Kirwan, 680. n-2 M. & S. 172. 0-2 Story 16: 8 Pick. 182: 12 M. & W. 766; 8 C. & P. 361; 1 Car. & M. 145: 23 Conn. 595: 21 Ind. 54. p-4 Foster, 71; 7 Cow. 497 ; 7 Mich. 515: 39 Ill. 335. q-25 Penn. St. 338: 3 Kernan, 569. r-4 Foster. 71. S-16 Vt. 52; 18 Id. 131: 23 Id. 186; 6 Hill (N. Y.) 158; 22 Conn. 1; S. C. 22 Conn. 502; 1 Gray, 502; 4 Am. Law Reg. 234. t-19 Wend. 534: 1 Florida, 403; 10 Rich. (N. C.) 382; 1 Hilton, 223: 24 Ill. 332: Id. 389. u-27 Vt. 110; 3 Sanf. 610; 8 Cow. 223: note Eds. Am. L. Reg. 4 vol. 238; 7 Rich. 1 E. D. Smith, 115; Id. 234; 11 Exch. 790; S. C. 36 Eng. L. & Eq. 482; 1 H. & N. 517: 28 Law T. 260; S. C. 38 Eng. L. & Eq. 593; 5 H. & N. 969; 5 Jur. (N. S.) 1367. V-2 Kernan, 245, 255; 19 Wend. 534: 25 Id. 660; S. C. 6 Hill, 157: 8 M. & W. 421; 14 C. B. 255; 1 Parson's Contr. 686-687; 18 Wend. 175; 2 Bing. 170: 1 Sim. 52; 6 Hill, 157. W-28 Barb 485: 24 N. Y. 497Davies, 82 46 Barb. 103. X-20 Ill. 375: 38 Id. 389. y-2 H. & N. 702; 9 Ir. Com. L. 474. Z-9 Iowa, 487: a corporation, established for the transportation of goods for hire between certain points, and receiving goods directed to a more distant place, is not responsible beyond the end of its own line as a common carrier, but only as a forwarder, unless it make a positive agreement extending its liability; 100 Mass. 29; Gray, 502; 4 Allen, 520; 11 Id. 295, and cases cited; 47 Me. 573; 32

Express companies are responsible as common carriers, and such companies who carry parcels or baggage from one city to another, or from one depot to another, are common carriers. Omnibus lines and railways are, in the full sense of the term, common carriers.

The limitations by which express companies may restrict their responsibilities must be made in such a mode as: 1. Presumptively to have come to the knowledge of the owner of the goods, or his agent, authorized to act on his behalf. 2. They must be of such a natural and reasonable character that the law can recognize them as not inconsistent with good policy and fair dealing. An agent authorized to procure goods is competent to bind the owner by the conditions accepted by him.

An express company is bound for safe carriage through its line, and for safe delivery to the next express agent, and in many cases for safe delivery at the point of destination,1 and cannot be excused from this except by a clear and understanding stipulation to that effect on the part of the employer, and, in a particular which is reasonable, and not against good morals or good policy, and must deliver to the consignee at the earliest moment after ar..val, and within the usual business hours; and inconvenience is no excuse for omitting personal delivery.k

Where goods are sent by carrier to be paid for on delivery, the consignee is entitled to a reasonable time to inspect the goods before he accepts them.1

Notice brought home to the other party will, in general, control the carrier's responsibility, except for negligence.m

Carrier's, ends when. The responsibility of a carrier terminates after the arrival of the goods at their destination, and a sufficient time has elapsed for the owner to receive them in business hours. After that the carrier may put them in a warehouse, and is only responsible for ordinary care." And a

Vt. 665; 16 Mich. 119, 120; this principle is also laid down in the following cases: 6 Hill, 157; 18 Vt. 131, 140; 23 Id. 186, 209: 22 Conn. 1; 23 Id. 457; 24 Id. 468; Contra 19 Wend. 534: 3 Sandf. 610; 24 Ill. 372; 24 Id. 466; 34 Id. 389: 27 Vt. 110; 1 Fla. 403; 9 Barb. 317 -23 Vt. 186, 203, 204; Parson's Contr. 656; 19 Johns. 235: 11 Mass. 99: 15 Id. 370: 2 C. & P. 613; 6 Wend. 351; 2 Id. 327: Angell on Carriers, 101, n. 4; 2 Story, 16; 2 Kent, 609; 16 Mo. 126; 29 Ala. 265; 19 N. H. 122; 15 Ind. 345. b-6 How. 344; 39 Barb. 488. e-6 Binney, 129; 9 Vt. 407: 4 Taunt. 582: 15 East. 62; 5 B. & Ad. 389: 19 Wend. 534: 5 Sanf. 180; 22 Penn. St. 522: 5 Cusn. 145; 2 E. D. Smith, 195; 3 Barb. S. C. 388: 15 La. An. 14: 32 N. Y. 247; 1 Chitty Pl. 134: 4 C. B. (N. S.) 307, 311. d-1 E. D. Smith, 115: 28 Barb 403; 23 Ill. 197: S. C. 26 Id. 504; 8 Allen. 189; 2 E. D. Smith, 195; 5 C. B. (N. S.) 336; 7 Jur. (N. S.) 234: 9 Id. 1234: S. Č. 1 B. & S. 112; S. C. 12 C. B. (N. S.) 63: 6 How. 344: 97 Mass. 124; 36 Ga. 365. e2 Bosw. 589. f-19 Ill. 556: Id. 578. g 7 H. & N. 400; S. C. 8 Jur. (N. S.) 58; 5 H. & N. 867. h-6 Allen, 254; 1-4 Ohio St. 362: 10 Id. 65, citing Id. 145; 6 Allen, 486; 32 Mo. 256. j-7 Wis. 1; 17 Conn. 138. k-6 Bosw. 235; 17 Conn. 138. 1-46 N. H. 49. m-1 West Va. 87; 3 C. P. 14; 2 C. & P. 76: 55 Penn. St. 53; Id. 140; 21 Wis. 152; 40 Barb. 21, 283: 15 Mich. 458; 36 Ga. 635, n-10 Met. (Mass.) 472; 27 N. H. 86; 4 T. R. 581: 2 M. & S. 172: 2 Kent Comm. 591, 592; Story Bailm. 444.

532.

carrier's responsibility continues until an actual delivery to the consignee, or at his dwelling or place of business; if he deliver a parcel to a wrong person, without fault on the part of the owner, he is liable as for a conversion;P but this mode of delivery has no application to the ordinary business of railways as common carriers of goods, for they are not bound to deliver ordinary freight, or give notice of their arrival. In carriage by water the carrier is, as a general rule, bound to give notice to the consignee of the arrival of goods. Nothing more is ever required of carriers by ships and steamboats than landing goods at the wharf, and giving notice to the consignee, and keeping the good's safe a sufficient time after to enable the party to take them away; after that the carrier may put them in warehouse, and will only be liable as a depositary, for ordinary neglect. Generally the consignee must have a reasonable time to remove the goods. After this the carrier is only liable for ordinary neglect." If the goods arrive out of time, the consignee must have time to remove them after knowledge of their arrival. So, also, if the company's agent misinform the consignee. When the consignee assumes control of goods the carrier is excused.* The keeping of goods in warehouse at interme diate points is not for the convenience of the carrier, but the owner of the goods. If the next carrier has a place of receiving goods, responsibility ceases upon delivery there." Warehousemen, who are also carriers, are generally held responsible on receipt of goods."

W

Goods addressed by a carrier to his own agent does not terminate the carrier's responsi bility upon delivery to him."

Where goods have been tendered to the consignee and refused by him, there is no rule of law that the carrier is bound to give notice to the consignor; he is only bound to do what is reasonable; he is bound to keep them as carrier, until the owner or consignee, by the use of diligence, has time to remove them; when his duty as carrier ceases, he may put the goods in his own or another warehouse.e Where the carrier by water cannot find the consignee, he may exonerate himself, by delivery to a respon

0-5 T. R. 389; 2 Wm. Bl. 916; 3 Wil. 429, 433; 32 Mo. 256; 2 Hilton, 71; 2 Esp. 693; M'Clel. & Y. 136. p-3 Brod. & B. 177: 16 C. B. 163: 32 Eng. L. & Eq 338; 7 Allen, 341; 38 Barb. 574; 11 Wis. 407 9-23 Vi 186, 209 27 Id. 110; 1 Parsons' Contr. 661; 14 La An 335; 14 Id. 411; 33 Ala. 630, 12 Id. 349: 14 La. An. 417. r-Redf. R'ys. 130. S-4 T. R. 581; 8 Taunt. 413; S. C. 2 J. B. Moore, 500; 2 Kent, 605; 2 Head. 488. t30 Penn. St 247. u-10 Met. 472; 4 T. R. 581: 6 Jones' Law, 343V-2 Mich. 538; 14 Ga. 277; 4 Foster, 71; 11 Cush. 70, 16 Ill. 502; Id. 561; 9 Penn. St. 114: 35 Barb. 305. W-1 Gray, 277. X-11 Met. 509: 6 Id. 542, 14 Wend. 225: 20 Ill. 404: Id. 412; Id. 23: 11 Rich Law, 337; 6 Mich. 243. Y-4 T. R. 583; 32 Mo 471 7-8 Rich. 240; 4 Law J. 38; S. C nom. Day; C. C Rep. 83; 1 Hilton, 223. a-9 Barb. 317. b-16 N. Y 515. C-2 H. & N. 575. d-3 H. & N. 182 S. C.. Penn. St. 247; 10 Met. 472; 4 T. R. 581 6 Jones' Law, 343: 15 Johns. 39; 6 W. & S. 62; 32 N. H. 523; 7 Foster, 86; 6 Whart. 505. e-10 Met. 472; 1 Denio, 45: 30 Penn. St. 247, 250; 10 Barb, 612: 23 Vt 186, 111 Gray, 263; 16 Ill. 502; 25 Ind. 434- f-11 Allen, 300. g-4 Esp. 262; 1 M. & W. 174. h-1 Camp. 451; M'Clef. & Y. 136; 10 Q. B. 517; 10 East. 530. i-1

30

h

sible warehouseman.' The carrier's responsi bility ends when the warehouseman's crane is attached to hoist the goods. An unlawful seizure, or invalid lien, is no excuse to the car rier for non-delivery. In carriage by water, the delivery to the consignee must be according to the custom of trade, and the usages of the port, and in regular business hours. A tender to the party entitled to receive the goods will exonerate the carrier, as such, and he will then only be responsible as an ordinary bailee; but any reasonable arrangement between the carrier and consignee as to mode of delivery will be binding, and the carrier exonerated by delivery in the mode thus stipulated, and he will be responsible for any injury to the goods resulting from not delivering in conformity to the arrangement.1

In carriage by water, in general, there must be notice to the consignee, and delivery at the wharf, or else the goods put in safe condition, to remain until called for.m

A carrier cannot charge for carrying to and from the depot, unless the customer requires such service to be performed by him."

Carriers-Notice restricting.

Com mon carriers may qualify their common law responsibility by special contract, but not so as to excuse gross negligence.

io, also, by notice brought home to the knowledge of the owner of the goods, and assented to by him, the carrier may qualify his responsibility; but as a matter of evidence it is received with caution, and the carrier must show the consignor acquiesced to the demands of the notice by making no remonstrance; but neither will excuse the carrier for negligence.

Notice of one kind will not excuse the carrier from responsibility of another."

A written notice will not affect one who cannot read. A carrier must see to it that his notice is made effectual," and it must be shown that knowledge of notice came to the consignor.

A carrier cannot stipulate for exemption from liability for negligence; but he may be allowed to stipulate for exemption from responsibility as an insurer.

Bosw & Pul. (N. R.) 16; 10 Vt. 56: 5 Watts & S. 123; 3 La An. 695 28 N. Y. 78. j-23 How. (U.S.) 28._k23 How, (U. S.) 28. 1-1 Blatch C. C. 173. m-2 Curtis C. C. 21; 15 Ill. 473; 3 La An. 395; 21 Wis. 236; 1 Bailey, 553: 18 Barb. 32. n-6 C. B. (N_S.) 639; 1 C. B. (N. S.) 437: 2 Law, T. (N. S.) 376, S. C. 6 Jur. (N S.) 908. 0-8 Penn. St. 479: 23 Id. 532; 31 Id 242; Rich. (S. C.) 201. P-5 East 507; 5 Bing. 207, & M. & W 243: 6 How. 344. 3 Me. 228; 11 Id 442; 11 N. Y. 491; 9 Watts, 87; 6 W. & S. 465; 8 Penn. St. 479; 31 Id 209; 2 Rich. (S. C.) 286; 12 B. Mon. 63; 23 t 186; 4 Harr. & J. 317; 3 Kas. 205. The NY courts have dissented from this rule, or held it with such qualifications as to leave it very little force. 19 Wend. 234; 26 Id. 594 2 Hill, 623; 7 Id. 533; 13 Parb. 353; 14 Id. q-6 How. (US) 344; 31 Maine, 228; 3 Fairfield, 422, 21 Ga. 526; 7 Law Reg 352 r-31 Maine, 228; 4 Dutcher, 180. S-13 Q B. 347. t-2 Starkie's Cases, 279. -2 Starkie, 53. V-2 Camp. 415; 10 M. & W. 161, 1 Holt N. P. C. 317, 5 Rawle, 179; 3 Fairfield, 422; Story Bailm. 558; 4 Bing. 218; 3 Camp 27: 3 Bing. 2; 16 Mich 243 3 H. & N. 813; 2 Starkie, 461; 3 B & C. 601. W-23 Vt. 205, and cases cited; 32 Penn. St 414; 3 Id 242; 10 Ill. 136.

524.

It is reasonable to claim exemption from risk In transporting fresh fish. So, in carrying dogs and horses, unless a value is declared, and a premium above that value paid, for a fanciful value is often attached to these animals, and these limitations must be claimed at the time of the delivery to the carrier, and the burden of showing the reasonableness of the condition annexed to the carrier's undertaking devolves upon the carrier. The exception of one risk cannot cover another.b

A carrier is always responsible for negligence.c

NOTICE FORMS. See "CONDITIONS" in "BILLS OF LADING," above.

Stoppage in trans tu. Stoppage in tran situd is the right which resides in the vender of goods upon credit to recall them upon discov. ering the insolvency of the vendee, before the goods have reached him, or any third party has acquired bona fide rights in them. A carrier is liable if he do not surrender the goods to one having the right of stoppage in transitu,' but may delay them until that right is determined.

The right to stop goods in transitu is nothing more than the extension of the lien which the vender has on all sales, for the price, until after delivery (so long as the goods are under the control of the carrier, but not when they reach the consignee's agent for another purpose), to the very point of the goods coming to the actual custody of the vendee, or his agent.

Carriers are compelled to solve the question of the claimant's right (upon admonition by telegraph from an unknown party miles dis lant), at their peril.*

Conflicting claims of this kind may be determined by replevin, or interpleader,' or the carrier may deliver the goods to the rightful claimant, and defend against the bailor."

COMMON CARRIERS OF PASSENGERS. Common carriers of passengers are bound to carry all who offer." They are responsible for the utmost care and watchfulness, and this extends to everything connected with the transportation. They are not responsible as insurers of the safety of their passengers as common car

X-8 W. R 651: S. C. 3 H. & C. 337.__y-2 B. & S. 122: S. C. 6 Jur. (N. S.) 954. Z-9 L. w, T. (N. S.) 86 15 Ir. Com. L. 37. 1 Jur. (N. S.) 12; 1 L. Bl. & S. 112; S. C. 7 Jur. (N. S.) 1234. a-9 Jur. (N. S.) 914; S. C. 10 H. Lds Cas. 473; 15 C. B. (N.S.) 582. b-52 Penn. St. 382. e Law Rep. 3 Exch. 9. d-“I the passage" merchandise is said to be "in transitu while on its way to the consignee, Tayler's L. Gloss, p. 201. e-2 Kent Comm. 540 et seq.; 1 Henry Black. 357; S. C. 6 East 21; S. C. 2 T. R. 63; 1 Smith L. Cases, 388 and notes, where the whole law, Eng. & Am., on the subject will be found See 12 Pick. 313. f7 Taunt. 169: 3 East. 381; 4 T. R. 260. g-5 C. B. (N. S.) 149; Id. 882; 28 Vt 180; 5 Jur. (N. S.) 641; S. C. 2 Bl. & El. 66; 11 C. B (N. S.) 553; 8 Jur. (N. S.) 868. h-4 Man. & Gr. 1080; 6 Duer. 606; 4 C. B. 618; S. C. 5 Jur. (N. S.) 248; 8 Taunt. 83: 1 M. & W. 20; 2 Id. 372; 3 T. R. 464: 4 Bing. 516; 3 Bos, & P. 119; 9 H. R. 108; S. C. 6 B. & C. 107, 10 M. & W. 436. 1-18 How. (U. S.) 231; 23 Wend. 611; 20 Vt. 172. j-12 Pick. 313. K-34 Vt. 49 5 Taunt. 759: 1 B. & Ad. 450; Story Bailm 582: L. Rep. 1 Adm. 370; L. Rep 1 P. C. 219; L. Rep. 6 Eq. 44. 1-7 Bing. 399; 10 Id. 246; 18 Vt. 186. m-11 Vt. 323; 26 Id. 707: 37 Barb. 122; 1 Duer. 79; Story Bailm. 450; 1 B. & Ad 458. n-19 Wend. 239; N. H. 486; 15 Ill. 472; 2 Sumn. C. C. 221; 3 Brod.

riers of goods are. But they are bound to the very highest degree of care and watchfulness in regard to all their appliances for the conduct of their business; so that, as far as human foresight can secure the safety of passengers, there is an unquestionable right to demand it of all who enter upon the business of passenger carriers. And it will make no difference if the passenger do not pay his fare; so also where the train is hired for an excursion, or is under control of State officers. Passenger carriers are not responsible for accidents without fault; they contract only for their own acts. They must adopt every precaution in known use. It is their duty to inform passengers of peril requiring caution to escape. A person purchasing a ticket becomes a passenger, and is entitled to protection on reaching his seat in the carriages. Passenger carriers are bound to exclude disorderly persons from their carriages; and a company is bound to fence its stations so as to hinder passengers entering by a dangerous way. A passenger carrier who attempts to carry ordinary passengers and soldiers at the same time is responsible for the consequences.b

The passenger must be ready and willing to pay such fare as is required by the established regulations of the carriers in conformity with law. But an actual tender of fare or passagemoney does not seem requisite in order to maintain an action for the absolute refusal to carry, and much less is it necessary in an action for any injury sustained. The rule of law is the same in regard to paying fare in advance that it is as to freight, except that the usage in the former case being to take pay in advance; a passenger is expected to have procured his ticket before he had taken passage; and the law will imply payment according to such usages. Carriers of passengers are bound to carry for the whole route for which they stipulate, and according to their public advertisements and the general usage and custom of their business. But they are not bound to carry persons of offensive and disorderly con & B. 54 9 Price, 408. 0-2 Esp. 533 17 Ill. 496; Met. 274; 2 Camp. 79; 1 C. & P. 636; Peake's Cas 8: 9 Bing. 457: 13 Pet. (U. S.) 150, 181, 192. p-16 Vt. 566; 2 B. & Ad. 169: 4 Clarke (Ia.) 541 Bing. 319; 11 Gratt. 697; 1 C. & P. 414; 13 Pet. (US) 150, 181, 192: 21 Conn. 557; 13 Id. 319; 13 Wend. 611, 626; 1 McLean, 540; 2 Id. 157; 1 Gill. 406; 19 Wend. 236; 21 Conn. 245; 12 La. An. 84. q-2 Esp. 533; 17 Ill. 496. r-Hodges on R'ys, 621; 12 C. B. 578; S. C. 26 Eng. L. & Eq. 443; 5 Ind. 340; 15 N. Y. 444; 2 Redf R'ys, 251, pl. 5: 21 Ind. 48: 30 Ill. 9; 25 N. Y. 442; 18 Í. 416; 14 How. (U. S.) 843; 16 Ind. 469, 474: 26 Barb. 641; 29 Id. 602; 37 Ill. 484 S-5 Exch. 787: S. C. 2, Eng. L. & Eq. 360; 8 Ohio (N. S.) 570; 20 III. 235. t20 Penn St. 497. u-See ante, DUTY AT COMMON LAW, RULE OF DAMAGES, etc. V-26 Ill. 373; 23 Id. 357; 18 N. Y. 408, 534; 11 C. B. (N. S.) 587, 594; 5 L. T. (N. S.) 682; S. C. 7 H. & N. 1037. W-2 F. & F. 730; 11 Allen, 312; 1 Moore P. P. C. (N. S.) 339: 1 Wallace, 543; 22 Ind. 26; 5 Bosw. 699. X-11 Minn. 277; 21 Conn. 245, 254: 1 Camp. 167; Law Rep. 3 C. P. 216. y-8 Allen, 227. 2-7 Am. L. Reg. (N. S.) 14: S. C. 53 Penn. St. 512. a-6 C. B. (N. S.) 923. b-34 Conn. 554. e-6 C. B. 775; Story Bailm. 591; 1 East. 203; 2 Kent. Comm. 598, 599. d-3 Penn. St. 451. e-1 Campb. 167: Story Bailm. 600; 19 Wend. 534; 8 Eng. L. & Eq. 368.