have the effect of fraud; for this would be the case if a passenger should carry merchandise by way of baggage, and thus make the carrier of passengers a carrier of goods without knowing it and without being paid for it.

Generally, a common carrier of passengers, by stage, packet, steamer, or cars, carries the moderate and reasonable baggage of a passenger, without being paid specifically for it. But the law considers a payment for this as so far included in the payment of the fare as to form a sufficient ground for the carrier's liability to the extent above stated.

The carrier is only liable for the goods or baggage delivered to him and placed under his care. Hence, if a sender of goods send his own servant with them, and intrust them to him and not to the carrier, the carrier is not responsible. So, if a passenger keeps his baggage, or any part of it, on his person, or in his own hands, or within his own sight and immediate control, instead of delivering it to the carrier or his servants, the carrier is not liable, as carrier, for any loss or injury which may happen to it; that is, not without actual default in the matter. Thus, in an action brought in New York to charge a railroad company, as common carriers, for the loss of an overcoat belonging to a passenger, it appeared that the coat was not delivered to the defendants, but that the passenger, having placed it on the seat of the car in which he sat, forgot to take it with him when he left, and it was afterwards stolen; and it was held that the defendants were not liable. But if the baggage of a passenger is delivered to a common carrier, or his servant, he is liable for it in the same way and to the same extent as he is for goods which he carries.

In this country the rules of evidence permit the traveller to maintain his action against the carrier by proving, by his own testimony, the contents of a lost trunk or box, and their value. And the testimony of the wife of the owner is similarly admissible. But it is always limited to such things-in quantity, quality, kind, and value as might reasonably be supposed to be carried in such a trunk or valise. The rule, with this limitation, seems reasonable and safe, and is quite generally adopted. In Massachusetts it was distinctly denied by the Supreme Court, but was afterwards established by statute.

The common carrier of goods or of passengers is liable to third parties for any injury done to them by the negligence or default of the carrier, or of his servants. And it would seem that he is liable even for the wilfu! wrong-doing of his servants, if it was committed while in his employ, and in the management of the conveyance under his control, although the wrong was done in direct opposition

to his express commands. So he is for injury to property by the wayside, caused by his fault. But the negligence of the party suffering the injury, if it was material and contributed to the injury, is a good defence for the carrier; unless malice on the carrier's part can be shown.

Where the party injured is in fault, the common carrier has still been held liable, if that fault was made possible and injurious through the fault of the carrier.

If passengers are carried gratuitously, that is, without pay, the common carrier is still liable for injury caused by his negligence.

Whether a railroad company is responsible for fire set to buildings or property along the road, without negligence on its part, has been much considered in this country. In some of our States they are made so liable by statute provision. And this fact, together with the general principles of liability for injury done, would seem to lead to the conclusion that they are not liable, unless in fault, or unless made liable by statute.

We annex to this chapter the Forms of receipts in the nature of a bill of lading, in common use by our steam packets and by express companies. Such a paper given and received would constitute a

.contract.

Marks and Numbers.

(177.)

STEAM PACKET COMPANY.

RECEIVED from

the following articles, being marked and numbered as in the margin, in apparent good order, the contents and value unknown,

on one of the company's steamers, and to be
delivered on their wharf in
in like

good order and condition, the dangers of the sea,
of fire on board or on wharf, collision, and all
other accidents excepted.

D'ble 1st class, cents per 100 lbs. margin, to be forwarded by railroad

1st class,

2d class, 3d class, 4th class,

and delivered at

upon cents per 100 lbs. payment of freight therefor, as noted in the margin, subject to the condicents per 100 lbs. tions and rules on the back hereof, and those of the several railroads over cents per 100 lbs. which the property is transported, which constitute a part of this con

cents per 100 lbs. tract.

AS PER CLASSIFICATION ON BACK.

Agent.

On the back of this receipt is a minute and very full classification of all articles likely to be offered for transportation, followed by the

CONDITIONS AND RULES.

The destination, name of the consignee, and weight of all articles of freight must be plainly and distinctly marked, or no responsibility will be taken for their miscarriage or loss; and when designed to be forwarded, after transportation on the route, a written order must be given, with the particular line of conveyance marked on the goods, if any such be preferred or desired.

The companies will not hold themselves liable for the safe carriage or custody of any articles of freight, unless receipted for by an authorized agent; and no agent of the line is authorized to receive, or agree to transport, any freight which is not thus receipted for.

No responsibility will be admitted, under any circumstances, to a greater amount upon any single article of freight than $200, unless upon notice given of such amount, and a special agreement therefor. Specie, drafts, bank-bills, and other articles of great intrinsic or representative value, will

only be taken upon a representation of their value, and by a special agreement assented to by the superintendent of the receiving road.

The companies will not hold themselves liable at all for injuries to any articles of freight during the course of transportation, arising from the weather, or accidental delays, or natural tendency to decay. Nor will their guaranty of special despatch cover cases of unavoidable or extraordinary casualties or storms, or delays occasioned by low water and ice; and may be stored at the risk and expense of the owner. Nor will they hold themselves liable, as COMMON CARRIERS, for such articles, after their arrival at their place of destination at the company's warehouses or depots.

Carriages and sleighs, eggs, furniture, looking-glasses, glass and crockery ware, machinery, mineral acids, piano-fortes, stoves and castings, sweet potatoes, wrought marble, all liquids put up in glass or earthenware, fruit, and live animals, will only be taken at the owner's risk of fracture or injury during the course of transportation, loading and unloading, unless specially agreed to the contrary.

Gunpowder, friction matches, and like combustibles will not be received on any terms; and all persons procuring the reception of such freight, by fraud or concealment, will be held responsible for any damage which may arise from it while in the custody of the company.

It is further stipulated and agreed, that goods shipped to points west of shall be subject to a change in classification, and corresponding change of rates beyond those points.

Cases or packages of boots and shoes, and of other articles liable to peculation or fraudulent abstraction, must be strapped with iron or wood, or otherwise securely protected, or the companies will not be liable for diminution of the original contents; and the companies will hold the freighter, in all cases, to bear the loss arising from improper packing.

It is also agreed between the parties that the said companies, and the railroads and steamboats with which they connect, shall not be held accountable for any deficiency in packages, if receipted for to them in good order.

All articles of freight arriving at their places of destination must be taken away within twenty-four hours after being unladen from the cars, each company reserving the right of charging storage on the same, or placing the same in store at the risk and expense of the owner, if they see fit, after lapse of that time

CHAPTER XXIII.

FIRE INSURANCE.

SECTION I.

THE USUAL SUBJECT AND FORM OF THIS INSURANCE.

This kind of insurance is sometimes made to indemnify against the loss by fire of ships in port; more often of warehouses, and mercantile property stored in them; or of personal property in stores or factories, in dwelling-houses or barns, as merchandise, furniture, books, and plate, or pictures, or live-stock. But the most common application of this mode of insurance is to dwellinghouses.

It may be effected by any individual who is capable of making a legal contract. In fact, however, it is always, or nearly always, in this country, and we suppose elsewhere, made by companies.

There are stock companies, in which certain persons own the capital and take all the profits by way of dividends; and mutual companies, in which every one who is insured becomes thereby a member, and the net profits, or a certain proportion of them, are divided among all the members in such manner as the charter or by-laws of the company may direct. Sometimes both kinds are united, in which case there is a capital stock provided, which is a permanent guaranty fund over and above the premiums received, and a certain part or proportion of the net profits is paid by way of dividend upon this fund, and the residue divided among the insured.

Of late years, the number of mutual fire-insurance companies has greatly increased in this country, and much the largest amount of insurance against fire is effected by them. The principal reason for this is, undoubtedly, their greater cheapness, the premiums required by them being, in general, much less than in the stock offices. For example, if the insurance is effected for seven years, which is a common period, an amount or percentage is charged, about the same as that charged by the stock companies, or a little more. Only a small part of this is taken in cash; for the rest a premium note or bond is given, promising to pay whatever part of the amount may be needed for losses which shall occur during the period for which the note is given. More than this, therefore, the insured cannot be bound to pay, and it frequently happens that no