839. Same subject-Agreements, § 854. Effect of "cesser" clause. 855. Demurrage not allowable

§ 871. Lien not lost by delivery 'ob- | § 880. Carrier tained by trick or fraud.

872. Lien takes precedence of

claims of consignor or
creditors.

873. Rights of conditional ven-
dor who authorizes ship-
ment of goods.

874. Lien lost where carrier is liable for damages to goods equal to or exceeding the freight charges. 875. Lien may be waived by terms of payment.

876. Same subject-Waiver by taking acceptance payable after delivery.

877. Same subject-What does not amount to a waiver.

878. Same subject-Other illustrations.

879. Same subject-Other illustrations.

subject to lien when con

signee fails or refuses to
pay freight.

881. Liability of carrier while so
holding goods.

882. Whether the carrier has a
lien upon goods wrong-
fully shipped by one who
is not the owner.

883. Same subject

How com

pares with innkeeper.

884. Same subject No lien
where goods received from
tortious holder.

885. Same subject-Lien exists
where goods received from
one clothed with apparent
authority by owner.
886. Whether property of gov
ernment subject to lien.
887. Lien discharged by tender.
888. Lien not assignable.
889. Carrier cannot sell the
goods for his charges.

Sec. 778. (§ 424.) In general. Thus far the subject of the common carrier's relation to the goods intrusted to him has been treated, almost exclusively, with reference to his duties. and responsibilities growing out of that relation. But the law will imply no executory contract which imposes upon one party duties and obligations without some equivalent; and even when the contract is expressed by the parties, much is still generally left to be settled by legal implication. This equivalent in the case of the carrier, it is true, consists mainly in the compensation which is allowed him for the carriage of the goods, for which a lien is given him upon them. But besides the payment of such compensation, the law further imposes upon the bailor certain duties and obligations to the carrier which give rise to corresponding rights on the part of the latter against his bailor. And as a means of protection against the consequences to himself of the extraordinary risks which it imposes upon him, and also that he may protect the inter

est of his employer in the property in his custody, the law has further conferred upon him certain rights as against all those who may unlawfully interfere with him or the goods. in his charge whilst he is engaged in the performance of his duty.

I. GENERAL RIGHTS IN RESPECT TO THE GOODS.

Sec. 779. (§ 425.) 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.-Being a bailee of the goods for hire, and having a further interest in them by reason of the responsibility which rests upon him, he has what is called a special property in them which will justify him in resorting to any means for their protection to which the general owner could have recourse; and if they suffer damage from the negligence or wilful wrong of another, he may recover from the party in fault damages for the injury sustained by them,1 even to the extent of their full value, if they be destroyed or rendered valueless by such negligence or wrong. Or if they be wrongfully taken from him, he may recover his possession or the value of the goods, in the appropriate action of detinue, replevin or trover. He is, in short, for all practical purposes, the owner of the property for the redress of all wrongs or injuries to it whilst in his possession; for, as has been well said, a man ought not to be charged with an injury to another without being able to resort to the original cause of that injury, and in amends there to do himself right.2 And of so much consequence does the law esteem his temporary and qualified

1. The Gen. McCullom, 9 Benedict, 31; State v. Liquors, 83 Me. 158, 21 Atl. Rep. 840.

"It is perfectly well settled that the carrier is so far the representative of the owner that he may sue in his own name, either at common law or in admiralty, for a trespass upon or injury to the property carried." The Beacons

field, 158 U. S. 303, 15 Sup. Ct. R. 860, 39 L. Ed. 993.

2. Story on Bail. § 93f.

But if a carrier is induced by fraud to deliver goods to a third person on his payment of the freight charges, he cannot recover possession without reimbursing such person for the amount paid as freight charges. Walker v.

ownership of the property that, even in criminal prosecutions for theft or robbery, it is held to be sufficient to allege such ownership of the property in the indictment, without reference to its general owner.3

Sec. 780. (§ 426.) Owner's right of action, how affected— Extent of carrier's recovery.-Nor is the right thus conferred by his special property inconsistent with a co-existing right of action for the same cause in the general owner. But even when the real owner might sue, the action may still be brought in the name of the carrier, though the object of the suit may be a recovery for the full value of the goods, and a recovery by him will be a bar to any subsequent action by such general owner. But in case the carrier should recover the full value, he will be entitled to the recovery only to the extent of his qualified interest in the goods, and as to the balance he will be held to be a trustee for the general owner unless he has satisfied such owner for his loss. The law will regard the damages in such cases as standing in the place of the property for the conversion or destruction of which they have been recovered. And when a judgment recovered by either has been satisfied, it will pass the title to the property, for the injury to which it was recovered, to the party against whom the recovery was had."

Sec. 781. (§ 427.) When carrier may be subrogated to owner's claim. But if the property intrusted to the carrier be lost. or destroyed whilst in his charge by the wrongful act or care

Railroad Co., 111 Ala. 233, 20 So. Cow. 670; Lyle v. Barker, 5 Bin. Rep. 358.

3. White v. Bascom, 28 Vt. 268; Harker v. Dement, 9 Gill, 7; Merrick v. Brainard, 38 Barb. 574; Steamboat Co. v. Atkins, 22 Penn. St. 522; 1 Chitty on Pl. 172; Bacon's Abridg. Bailment, D; 2 East P. C. 652; Wingard v. Banning, 39 Cal. 543.

4. Booth v. Terrell, 16 Ga. 20; Morgan v. Ide, 8 Cush. 420.

457.

6. Chesley v. St. Clair, 1 N. H. 189; Bishell v. Huntington, 2 id. 142; Steamboat Farmer v. McCraw, 26 Ala. 189; Woodman v. Nottingham, 49 N. H. 387.

7. Strong v. Adams, 30 Vt. 221; Ely v. Ehle, 3 Comst. 506; Root v. Chandler, 10 Wend. 110; Spence v. Mitchell, 9 Ala. 744; Hart v. Hyde, 5 Vt. 328; Bryant v. Clif

5. Ingersoll v. Van Bokkelin, 7 ford, 13 Met. 138; Overby v. Mc