But when a bill of lading has passed into the hands of a bona fide holder for value, then the carrier is estopped to deny the matters stated in the bill of lading, as to the amount, condition, etc. of the goods shipped. Thus where a carrier made out a bill of lading for 20,413 bushels of wheat and only 20,154 bushels were shipped and delivered, the plaintiff who made advances on 20,413 bushels mentioned in the bill of lading recovered of the carrier for the value of the deficit-259 bushels. A bill of lading is a negotiable instrument in a limited sense only. Generally speaking, the transfer of a bill of lading to another has the effect of transferring to the indorsee the property represented by it. Our statutes provide that bills of lading on the face of which shall not be plainly written the words "Not Negotiable" may be transferred by delivery, with or without indorsement. The bill of lading represents the goods and the transfer of it transfers the ownership and right to possession as effectually as a physical delivery of the goods themselves. The bona fide purchaser of a lost or stolen bill of lading obtains no title to the goods. When bills of lading are made out in sets, the person who first gets one of them from the rightful owner gets title to the property, but the law on this point is somewhat unsettled. The bill of lading also contains the contract of carriage, and this is supposed to be the final agreement of the parties and if unambiguous, cannot be altered or explained by parol testimony.

In the absence of a special agreement between the parties, the only exceptions to the liability of a common carrier of goods are the acts of God, of the public enemy, or of the owner himself. Losses from an act of God are defined to be such as are caused exclusively by the violence of nature, which human ability could not have foreseen or provided against, such as lightning, tornadoes, or sudden squalls of wind, floods, etc. An ordinary occurrence of rain is not an act of God. And where property was shipped in ordinary boxes and injured by rain while being transferred from the carrier's cars to its wagon and thence to its office, the carrier was held liable. A carrier was held not liable for goods destroyed by the confederates in the late civil war, or by hostile tribes of Indians, such being considered a public enemy. If there be some hidden defect in the packing, and damage results from that cause, it is the act of the owner and the

carrier is not responsible. The carrier is bound to deliver the goods within a reasonable time when no time, is fixed by the agreement, but he need not ship the goods in the order in which they are received. What is a reasonable time, will depend upon the circumstances of each case. If the freight is perishable, he must give it the preference and if by accident or misfortune, not amounting to inevitable casualty or the act of God, the transportation of the goods is retarded, the carrier will not be responsible for such delay, if he has used due care and reasonable diligence and the goods are finally safely delivered. And in a Wisconsin case, where goods arrived at a destination beyond the carrier's line by mistake, owing to the wrong address given by the shipper, and remained uncalled for, the carrier was not liable as such. If an agent gratuitously undertakes to have them forwarded to the proper destination and they are destroyed in the warehouse where stored, without the carrier's fault, prior to such reshipment, the carrier is not liable. It is the duty of the carrier to exercise reasonable care in ascertaining from the directions on the goods their places of destination, and if its road extends only part of the way, to deliver the goods to the proper carrier to be forwarded by the route indicated in the directions, or in the absence of directions, by the usual route, but if there are no directions as to the proper route and no county is mentioned, the carrier is not liable if the goods are carried to a place of the same name in the same state.

Through contracts.-The inference is that a carrier is only to carry to the end of its line, but it may of course, make a "through contract" and agree to carry to destination over other lines and in such a case it is liable for any injury or loss that may happen to the goods beyond the limits of its road and while under the control of other carriers. There must, therefore, be an agreement between the parties to that effect to make a through contract of carriage, and the provisions of the contract govern. The following are some of the decisions that have been made by our supreme court on this point: Where a bill of lading of goods shipped by boat from Milwaukee specified that the goods were "to be delivered as addressed on the margin" and the margin contained the words, "G. W. F. Providence, R. I., care of A. T. Co., Buffalo. Rate to Providence per 100 pounds 45c, to be landed on the India Wharf," it was held to be a through con

tract to Providence. A contract to deliver "100 bbls. flour, contract from Neenah to New York at 3.25 per bbl. J. H. H., Agent," was held to be a through contract to New York, making the receiving company liable as carrier for the whole route. A shipping receipt reciting "Shipped by R. P. & Co., the following articles in good order, to be delivered in like good order as addressed without unnecessary delay, consigned to H. K., Onekama, Mich., Rec'd Nov. 2, 1887, by agent of P, Milwaukee," was held to be a through contract. But a receipt issued by a canalboat man in New York marked "F. M. R., Delavan, Wis. Care W. W. A., Buffalo" and specifying the rate only to Buffalo, was held not to be a through contract; and a receipt for goods shipped at Pittsburg, Pa., to Hudson, Wis., containing a stipulation against liability of the carrier beyond its own line but guaranteeing that the cost of transportation through should not exceed a certain sum, which was less than the aggregate charges of the successive carriers, such other lines having no knowledge of the guaranty, did not show a through contract. Where goods are received to be transported over connecting lines, there is a continuous liability of a common carrier while the goods are in transit and in case of loss, the right of action is against the carrier having possession when the loss occurs; and by this rule each carrier is responsible until the goods have been actually delivered to the next carrier. There is no intervening liability as warehouseman unless the contract of carriage so provides. The first carrier must deliver the goods to the next carrier, and the cartman who transfers the goods from the first to the second carrier is usually held to be the agent of the first carrier. It is not an excuse on the part of a carrier who has received goods to be transported over its own and connecting lines to a designated place for not carrying the same over its own line and delivering it to the next carrier, that its agents knew there was a blockade of freight on such other line, which caused a blockade of freight at the terminus of its own line.

How far a carrier may limit its liability by express contract. --A common carrier for hire cannot, even by express contract, exempt itself from liability for losses caused by the negligence of itself or its servants, such contracts being unreasonable, contrary is public policy and void. A carrier may, however, make a contract limiting its common law liability

in any other respect, but there must be a consideration for such an agreement. This is usually a reduction in the amount of freight charged. Such contracts are usually found in the bill of lading. The following have been held to be valid limitations of liability: A contract exempting a carrier from responsibility for loss by fire is valid, unless negligence can be shown on the part of the company. An express provision in a contract of carriage limiting the liability of the carrier to an agreed valuation, except in cases of loss or damage by negligence, is binding, provided the amount is fixed with reference to the agreed actual or maximum value of the property and is not an arbitrary sum; the amount must be fairly agreed upon and be reasonable, but if the amount is arbitrarily fixed with no reference to the actual value of the property, the limitation is void. Under a contract stipulating that the carrier should not be liable for loss or damage to apples by causes beyond its control or heat from want of ventilation, the shipper assumed the risk of heat from want of ventilation, where the air tight doors of the cars could not be kept open while the cars were in transit. A contract which relieves a carrier from liability for the danger of navigation, collision, or delivery except to land the goods on the dock, is good. Provisions limiting the time in which suit must be brought or claims presented, are valid, but the time must not be cut unreasonably short. The delivery and acceptance of a bill of lading wherein the carrier limits its liability, raises a presumption that it was assented to. Such presumption is not overcome by failure to read the bill of lading, in the absence of fraud. Contracts limiting the liability of carriers will not receive a liberal construction in their favor, and the limitation of liability by one carrier, is not available to a succeeding carrier. A shipper can recover, however, notwithstanding he has entered into a contract limiting the liability of the carrier, upon showing that by the exercise of reasonable care and skill on the part of the carrier, the loss would have been prevented.

Live stock.-The duties of carriers of live stock are practically the same as carriers of other goods, except that the former is relieved from liability for such losses as result from the inherent nature of the property carried, that is, from the instinct, habits, propensities, wants, necessities, vices or locomotion of such animals. A railroad company engaged in the business of transporting live stock and accus

tomed to furnish cars therefor upon reasonable notice, and which holds itself out as a carrier of live stock for hire, is a common carrier of live stock, and as such is bound to furnish suitable cars for live stock upon reasonable notice when it can do so with reasonable diligence. Our statutes compel railroads to carry live stock of one class or in mixed cars during the months of February, March, April, May, June, July, August and September. A carrier cannot by a contract for carrying live stock, exempt itself from liabilty for injuries caused by its negligence or that of its agents or employees, nor limit its liability to a certain sum in the absence of an agreed valuation in the contract, but it is competent for a railroad company to stipulate with the owners of stock that they should load, unload, feed, water and take care of the stock at their own expense, but such stipulation raises an implied obligation on the part of the company to furnish the owner opportunity to do so. If a carrier agrees to carry and unload stock within a certain time, he is liable if he does not do so, and where a shipper brings stock to a depot, relying on the promise of the carrier that cars will be in readiness, the carrier is liable for any damage sustained by reason of not having the cars on hand.

Lien. A common carrier has a lien at common law and under our statutes for all proper transportation and warehouse charges pertaining to the particular property.

SECTION X.

EXPRESS COMPANIES.

An express company is a common carrier and what has been said about carriers generally applies to express companies. In regard to the delivery of the goods, however, there is the difference that an express company is not only required to transport the goods to the place of destination along the railroad, but must deliver the goods to the place of business or residence of the consignee, but such duty is held not to exist where the amount of business will not warrant the keeping of wagons or a special delivery messenger. If an express company delivers a C.O.D. package without making collection, it is liable to the consignor for the amount of the collection. It is the duty of an express company to deliver the goods as soon as practicable after arrival at the place of consignment, within usual business hours. Delivery at a bank is not confined to its