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[REFERENCES ARE TO SECTIONS.]
ratified by owner......
Same subject-Doctrine of the cases stated...
Same subject-How where goods are misdirected.......
...677
Same subject-Carrier not liable where wrong delivery induced or
...678
..679
When delivery at wrong place is deemed a conversion.... ......680
Delivery by carrier holding as warehouseman subject to less strin- gent rules
...681
Liability as warehouseman when goods refused or consignee can-
not be found
.685
Same subject
..686
II. DELIVERY BY CARRIER BY WATER.
Carriers by water not required to make personal delivery..........687
Must provide suitable place and land goods at proper time--Duty if
consignee refuses to accept.....
.....688
Must give notice of arrival and allow reasonable time for removal..689
Notice must be actual.......
...690
Goods must be put in situation for removal....
....691
Consignee not to be requested to remove goods on Sunday or a legal
holiday, on which labor is forbidden...
...692
Same subject-Fourth of July....
..693
Consignee must remove goods within reasonable time....
Diligence required of carrier in giving notice to consignee.
..694
..695
Necessity of notice may be waived by usage.....
......
..696
Necessity of notice may be dispensed with by contract..
..697
At what wharf delivery shall be made.....
...698
Delivery at ship's tackle......
..699
Mode of delivery may be established by usage-Delivery to custom
house officials
..700
III. DELIVERY BY RAILROADS AS CARRIERS.
Not required to make personal delivery of goods-Whether notice
of arrival necessary.. ....701
Same subject-Massachusetts rule as to delivery by railroads. ..702
.....
..703
Same subject-New Hampshire rule as to delivery by railroads....704
Same subject-Limitations upon Massachusetts and New Hamp-
shire rules
.705
..706
..707
Same subject-New York rule as to delivery by railroads..
Same subject-When question of notice becomes immaterial.
.708
.709
Mode or place of delivery may be established by usage-Effect of
usage on consignee's right to notice of arrival of goods........710
Bulky freight in car load lots must ordinarily be unloaded by party
entitled to it-Package freight....
.711
What is reasonable time for removal....
..712
Situation or condition of consignee immaterial.......
713
Liability of carrier pending removal-Liable as warehouseman....714
Carrier must furnish reasonable opportunity and facilities for get- ting goods
.715
IV. DELIVERY BY EXPRESS COMPANIES.
Express companies required to make personal delivery...
Personal delivery excused at small stations-Establishment of limits
in a city beyond which company will not go to make delivery..717
How far usage may affect duty...
.716
.718
..719
V. VARIOUS INCIDENTS OF DELIVERY.
Whether carrier bound to make a personal delivery must give notice
of a refusal of the goods by the consignee...
Same subject-Who to be deemed the owner..
.720
.721
Same subject-How when goods are not to be delivered until paid
for
.722
Same subject-How when consignee absent or cannot be found....723
.724
Same subject-Duty arises only when bound to make personal de-
livery or to give notice of arrival......
The duty of the carrier as to C. O. D. goods..
...725
.726
Same subject-Must conform to instructions-Wrongful delivery
ratified
...727
Same subject-Duty to require payment is based on contract... 728
Same subject-Duty to give consignee an opportunity to pay.......... 729
Same subject-Right to recover goods delivered without payment...730
Same subject-Liability of carrier for return of money.....
In the absence of express authority agent of carrier cannot guaranty
price of goods.....
.731
..732
The consignee's right to inspect the goods.
.733
Same subject-Consignee's right to return damaged goods......
The consignee's right to change the place of delivery—consignee
presumed to be the owner....
.734
...735
Same subject-Consignee cannot change destination when known to
be mere agent ...
...736
Same subject-Change cannot be made after transportation com-
pleted
.737
....
VI. EXCUSES FOR NON-DELIVERY.
Carrier excused when goods taken from him by legal process.
Same subject-The rule in Massachusetts.
Same subject-The process must be regular....
738
739
.740
741
742
..743
Same subject-Carrier must give notice of seizure to owner...
Same subject-Carrier by water must defend suit till owner notified. 744
Same subject-Seizure must not have been brought about by laches
or connivance of carrier......
......745
The effect of garnishment or trustee process upon the property in
the custody of the carrier...
The duty and liability of the carrier when adverse claim is set up
to the property.....
.748
..749
Carrier cannot of his own motion set up adverse title...
Yet claim upon him by adverse claimant is sufficient....
Course to be pursued by carrier-Interpleader-Indemnity.
Same subject-Entitled to reasonable time to investigate title. .753
Carrier not liable for not permitting goods to be seized on process
not against owner.....
.750
.751
.752
....754
The duty and liability of the carrier when goods are detained by
customs officials
.755
Commendable motives of carrier no excuse for non-delivery..
...756
VII. STOPPAGE IN TRANSITU.
Carrier may show stoppage to excuse delivery..
How right exercised....
Who may exercise right-Agent-Want of privity..
To whom notice is to be given......
...757
.758
.759
...760
.761
Vendee must be insolvent-What constitutes insolvency.
Transfer of bill of lading to bona fide holder defeats rights........762
Right not defeated by attachment or garnishment by creditors of
consignee
Effect of attachment of goods by vendor....
.763
.764
Effect of acceptance of drafts or negotiation of notes....
765
Goods must be in the possession of some middleman..
...766
How long goods will be deemed in transit.......
Actual or constructive delivery defeats rights..
Not necessary that vendor obtain actual possession of goods-Notice
is sufficient
.772
Duty and liability of carrier after notice......
...773
Same subject-Effect of agreed valuation in bill of lading when de-
livery made by carrier after notice.....
Course to be pursued by carrier for his own protection....
.774
.775
VIII. THE CARRIER'S RIGHT TO A RECEIPT ON DELIVERY.
Carrier may demand receipt on delivery....
But cannot require surrender of bill of lading..
...776
.777
In general
CHAPTER X.
OF THE RIGHTS OF THE CARRIER.
.778
I. GENERAL RICHTS IN RESPECT TO THE GOODS.
The carrier's right to an action to recover the goods when taken
from him or for an injury to them while in his custody........779
Owner's right of action, how affected-Extent of carrier's recovery..780
When carrier may be subrogated to owner's claim....
.781
Right of carrier to recover possession of goods from owner..
..782
His right to insure the goods......
...783
Same subject-Insurance by shipper for carrier's benefit..
...784
His authority to sell the goods.....
..785
Same subject-Cannot sell to satisfy lien...
...786
Same subject-When sudden emergency will justify sale.
Same subject-Sale when not necessary amounts to a conversion....791
Same subject-What degree of necessity must be shown-Necessity
for communication with owner.
...792
Same subject-Sale must be made where market and competition
exist ....
...793
Same subject-Cannot give away the goods....
..794
His right to know the character of the goods and the contents of
the packages ... ....795
Same subject-Shipper must make known dangerous character of
goods
.796
.797
His liability for damages occasioned by dangerous goods.....
The liability of the shipper for injury caused by dangerous goods..798
11. THE CARRIER'S RIGHT TO COMPENSATION.
The compensation of the carrier.....
.799
Carrier usually entitled to freight only on the goods delivered.....800
Carrier entitled to full freight if prevented by owner from complet-
ing journey
.....801
Entitled to freight though the goods have become worthless, if they
are delivered
Same subject ...
The amount of compensation for the carriage...
Rights of shipper when excessive rates demanded..
...802
..803
...804
.....805
Rights of carrier where low rate has been secured by fraud or mis-
take
Who liable for the freight-Consignee prima facie liable.
...806
......807
Same subject-How when consignee assigns bill of lading before
.....808
delivery
Same subject-Presumption of consignee's liability may be rebutted.809
Same subject-Remedy against consignee not conclusive-Consignee
deemed agent of shipper......
Same subject-Agency must be known..
...810
..811
The rule when the freight is to be paid by measurement. .....812
Must be calculated on amount carried and delivered..
Freight pro rata itineris..
Same subject-Acceptance of proceeds of sale made without con-
sultation with owner not an acceptance of the goods...........817
Same subject-How when transportation to destination impossible.818
Same subject-How when carriage interrupted by war.
Same subject-Rule for adjusting freight pro rata...
Same subject-The application of the rule.....
Transshipment of goods when vessel delayed...
Same subject-Payment of freight in such cases..
Same subject-Difference in rates, how adjusted.
Same subject-Power of master as agent......
..819
...820
...821
.822
..823
...824
.825
No freight recoverable when ship captured by the public enemy....826
Right to freight where the goods are carried contrary to the wishes
or directions of the owner...
..827
Carrier cannot sue for freight until the goods are delivered... .....828
When delivery deemed complete.......
..829
When the shipper may recover freight paid in advance.
Parties may agree for prepayment.....
.830
.....831
Consignee liable for detention of the carrier by water-Demurrage.832
Same subject-Effect of charterer's stipulation to load or unload
within a fixed time....
.833
Same subject-When delay is caused by default of the shipowner..834 Same subject-When delay is caused by observance of stipulation inserted for shipowner's benefit.....
.835
Same subject-Delays due to customs officers...
...836
Same subject-What are counted as lay days-"Days"—"Working