COMMON CARRIERS, Continued.

afterwards only liable for ordinary neglect, II. 54, 55.

consignee must have reasonable opportunity to remove goods, II. 56,

57.

when goods arrive out of time, II. 58-62.

when company's agent misinforms consignee, II. 62.

excused when consignee assumes control of goods, II. 62-64.

burden of proof on company, II. 63.

effect of warehousing while on route, II. 64.

immediate delivery to next carrier required, II. 64, 65.

responsibility on delivery at usual place of receiving, II. 64, 65.
responsibility of forwarder as carrier, II. 65.

where carrier's agent consignee, II. 65.

goods refused by consignee, II. 65.

carrier must act for interest of owner, II. 66.

rule in America, II. 66.

may use his own or other warehouse, II. 66.

cannot charge for carrying to and from station, II. 67.

discrimination between customers not allowed, II. 67.

general duty — equality of charges — special damages, II. 67 – 70.
bound to carry for all who apply, II. 67.

may demand freight in advance, II. 67.
refusal to carry excuses tender, II. 67, 68.

right of last carrier, where payment made in advance, II. 68.
presumption of payment, II. 68, 69.

not bound to receive goods which not accustomed to carry, II. 69.
or where means of conveyance all employed, II. 69.

misrepresentation of owner of goods, II. 69.

where goods not in safe condition, II. 69.

cannot refuse to carry because owner will not disclose contents,
II. 70.

must carry packed parcels if required, II. 70.

liable for special damage, for delay affecting transportation, II. 70,
71, n.

duty as to delivery, II. 25.

notice restricting carrier's responsibility, effect of, II. 18, 26 – 29, 71–82.
in New Jersey, cannot stipulate for exemption from responsibility
for negligence, II. 24.

or in Ohio or Massachusetts, II. 24.

to be construed most strongly against carrier, II. 26.

special contract limiting responsibility valid, II. 71-75.

so also notice assented to by consignor, II. 75.

received with caution as evidence, II. 76.

consignor must have acquiesced in notice, II. 76.
rule in England, II. 76.

in New York, formerly held invalid, II. 77.

COMMON CARRIERS, Continued.

notice assented to, generally held binding, II. 78, 79.

in New Hampshire, knowledge of notice not enough, II. 79.
not an excuse for negligence, II. 79.

general rule prevailing in Pennsylvania, II. 80.

common-law responsibility may be limited by special contract, II. 80.
rule under English statute, II. 81.

conditions must be reasonable, II. 81.

effect of special contracts upon carrier's responsibility, II. 18, 82 – 94.
written notice will not affect one who cannot read, II. 82.

must see that notice is understood, II. 82, 83.

former dealing with same party may be presumptive evidence, II. 84.
and carrier liable for negligence, II. 85, 86.

but may stipulate for exemption as insurer, II. 86.

carriers liable for negligence under special contract, II. 86-90.
English cases different, II. 90–94.

burden of proof on carrier, after receipt and loss shown, II. 82, 83,

94.

effect of notice and special contracts, in regard to ordinary and extraordi-
nary liability, II. 18, 95–98.

ordinary and extraordinary risks distinguished in America, II. 95.
distinction not recognized in England, II. 96.

under English statutes, II. 96.

exemption from risk in transporting fresh fish, held reasonable,
II. 96, 97.

responsibility for dogs and horses may be limited, II. 97.

rule in England as to form of contract, II. 97.

cannot claim exemption from all responsibility, II. 97, 98.

responsibility beyond their own route, II. 99 – 109.

English rule, II. 22, 99.

only the first company can be sued, II. 99.

by American rule, not liable, unless under special contract, II. 22,
23, 24, 101.

may be liable upon special contract, II. 102, 103.

such contracts generally allowed, II. 104, 109-112.

may forward goods by usual route, unless directed to contrary,

II. 105, 106.

where payment of charges refused, II. 106, 107.

same rule applies to express companies, II. 107, 108.

(See EXPRESS CARRIERS.)

special directions must be followed, II. 108.

no difference whether line is by railway or not, II. 108.
evidence of implied contract for whole route, II. 108.

power to make such contract, II. 109-112.

not doubted till very recently, II. 109.

from what implied, II. 109, 110.

COMMON CARRIERS, Continued.

validity of such contract discussed, II. 110.

maintained in Vermont, II. 110, 111.

company holding itself out as common carrier, II. 112.
validity of such contracts in England, II. 112.

authority of agents and servants to bind company, II. 112-116.
(See AGENTS.)

limitation of duty, by course of business, II. 116-119.

bound only to extent of course of business, II. 116, 117.
question arises only when they refuse to carry, II. 117.
only bound to carry according to profession, II. 117.
may limit goods carried or route used, II. 118.

rule under English carriers' act, II. 118.

usage to determine character of freight, II. 118.

cannot transship, except from necessity, II. 118, 119.

ordinary results of transportation, II. 119.

proof of notoriety of usage admissible, II. 119.

strangers bound by course of business and usage of trade, II. 120 –

122.

(See USAGE.)

cases when not liable for gross negligence, II. 18, 122 – 126.

English carriers' act, II. 122, 123.

what included under it, II. 122, n. 1.

must give specification and pay insurance, II. 124.

loss by felony of servants, II. 124, 125.

dangerous character of goods must be communicated, II. 24.
not liable where disguise used in packing, II. 125.
entitled to have explicit declaration of contents, II. 125.
but refusal of this will not excuse for not carrying, II. 125.
statute does not excuse carrier for delay, II. 126.
what conditions reasonable under statute, II. 126, n. 10.
not liable for losses by internal decay, II. 129, 130.

or by bad package, II. 129, n. 131.

right to stop in transitu, II. 131 et seq.

(See STOPPAGE IN TRANSITU.)

effect of bill of lading, II. 22, 141 – 146.

(See BILL OF LADING.)

to what extent party may be witness, II. 147 – 149.

not allowed by common law, II. 147.

allowed sometimes on ground of necessity, II. 147, 148.
this liberty either restricted or wholly denied, II. 148, 149.
servants of company received from necessity, II. 148, 149.
rule of damages where testimony cannot be had, II. 149.
extent of responsibility for baggage, II. 149 – 155.

not liable for merchandise carried covertly, II. 149, 154.
unless reward given, or allowed by custom, II. 150.

COMMON CARRIERS, Continued.

though passenger has no other trunk, II. 150.

and though trunk evidently contains merchandise, II. 151.
and no concealment intended, II. 151, 152.

jewelry and watch included in baggage, II. 152.
further construction of the word, II. 152, 153.
how far money included, II. 153, n. 12, and 154.

responsibility restricted under English carrier act, II. 155.

in England, baggage may be excluded from cheap trains, II. 155.

lien for freight, II. 156 – 161.

waived by delivery of goods, II. 156.

damage must be deducted, II. 156.

and freight must be earned, II. 156, 157.

who liable for freight, II. 157.

no lien, where freight paid through to first carrier, II. 157, 158.

nor on goods carried for wrongdoer, against rightful owner, II. 158.
even for advances, II. 158 et seq.

lien of passenger carrier on baggage, II. 159.

does not extend to general balance of account, II. 159.

manner of waiving, II. 160.

delivery obtained by fraud no waiver, II. 160.

last carrier may detain goods for all charges, II. 160.

extends only to charges for transportation, II. 160.

goods cannot be sold in satisfaction, II. 160.

consignee may set off loss, or sue for goods not delivered, II. 160,

161.

goods must be kept reasonable time if refused by consignee, II. 161.
otherwise, carrier liable in trover, II. 161.

lien does not cover charges for keeping, II. 161.

but does cover back charges, II. 161.

time of delivery of goods, II. 161 – 164.

must be delivered in reasonable time, or according to contract, II.
161, 162.

or consequent loss of profits may be recovered, II. 162.

consignee may determine mode of delivery, II. 163.

carrier not liable for delay from press of business, without special
contract, II. 163.

or if delay caused by loss of bridge from freshet, II. 163.

liable for injury to goods during delay, II. 163, 164.

liable for delay from falling of water in river, II. 164.

may be excused from custom and course of navigation, II. 164.

not bound to extraordinary effort and expense against act of God,
II. 164.

no implied contract for punctuality, II. 164.

not liable for delay caused by negligence of others, II. 164.

have an insurable interest in goods, II. 165, 166.

COMMON CARRIERS, Continued.

and that for their own benefit, II. 165.

if not responsible, may insure in trust and recover full value, II. 165,

166.

rule of damages, II. 166 – 169.

for total loss, value of goods at place of destination, II. 166, 167.
where goods only damaged, II. 167.

unfaithfulness or negligence must be explained, II. 168, 169.
liable for special damages from mala fides, II. 169.

what damages too remote, II. 169.

incidents of actions against, II. 169 – 172.

consignor proper party to sue, II. 170.

carrier must deliver to right party, II. 170.

consignor not estopped by receipt of consignee, II. 171.
action may be in name of bailee or agent, II. 171.
one recovery bars subsequent suit by owner, II. 171.
where consignor obtains advance on bill of lading, II. 170.
liable notwithstanding insurance to owner, I. 455, 456.
demurrage, II. 172, 173.

how far telegraph companies are common carriers.
(See TELEGRAPH COMPANIES.)

discrimination as to freight, II. 447.

COMMON CARRIERS OF PASSENGERS.

(See PASSENGER CARRIERS.)

COMMUTATION TICKETS. (See TICKETS.)

COMPANY.

(See CORPORATION. DIRECTORS. RAILWAY INVESTMENTS.)
how far bound by contracts of promoters, I. 5, 9 – 11.
(See PROMOTERS.)

act by meetings, by directors, by agents, I. 79.

may own other property than stock, unless restrained, I. 106.

cannot mortgage franchise, etc., without consent of legislature, I. 106,

107.

liable to action and writ of mandamus for not recording transfer of shares,
I. 143, 144, and n. 1.

but not for refusing to record mortgage of shares, I. 144.

bound to same duty in obtaining right of way by consent as by deed, I.

219.

liable for materials accepted and used, I. 412.

not bound by act of president, I. 413.

new, formed after sale on mortgage, take rights of old, II. 506.

liable for act prohibited, though no special damages, II. 665.

COMPENSATION,

for franchise taken.

whole should be taken, I. 255.

value should be paid, I. 256.