20. Analysis of more recent decisions, and new questions affecting ex-

press carriers

(1.) Dangerous character of goods must be communicated to carrier
(2.) Held, in New Jersey, that carrier cannot stipulate for exemp-

tion from responsibility for his own negligence

(3.) The first carrier, as to the transportation beyond his own route,

is responsible only as a forwarder, for ordinary care and dili-

gence. Lien

(4.) General duty of carriers. English statute. Duty as to deliv-

ery

(5.) Express companies should deliver at place of business of con-

signee, within business hours, and as soon as possible after

arrival

(6.) If they undertake, for hire, the collection of bills and notes, they

are all responsible for all defaults in the course pursued,

caused by their own neglect or mistake

(7.) Railways, in drawing cars over their road, responsible as carriers

(8.) The form of action and the extent of the recovery

(9.) The damages recoverable of the carrier for the loss or injury of

the goods is limited to that affecting the goods; expected

profits not included .

(10.) The carrier is entitled to a receipt for goods as delivered in

good condition, and the owner, to time and opportunity to ex-

amine

24

24

24

24

24, 25

25

25

25

25

25, 26

26-29

SECTION IV.

RIGHTS AND DUTIES OF EXPRESS CARRIERS.

2. Contract of company with local carriers only temporary

3. Cannot charge in proportion to value of parcels, and restrict their

liability

4. Not responsible beyond their routes

5. Company, where statute prohibits discrimination, cannot charge ex-

press carriers higher than others, or give one such carrier exclu-

sive privileges

6. Responsible for not causing proper protest of bill

7. Primâ facie only responsible to end of his own route

8. English statute requires packed parcels to be carried by weight

SECTION V.

RESPONSIBILITY FOR BAGGAGE OF PASSENGERS.

1. Liable as common carriers for baggage

5. Liability results from duty, and not from contract

4. Company not liable unless baggage given in charge to their servants 40-44

6. Carrier responsible for baggage if servants accept it .

44, 45

45

SECTION VI.

WHEN THE CARRIER'S RESPONSIBILITY BEGINS.

1. Begins in general terms upon the delivery of the goods

46

2. Delivery at the usual place of receiving goods, with notice, sufficient 46, 47

3. Where goods are delivered to be carried, carrier liable from delivery

4. But not responsible, till they receive the goods, on a continuous line

5. Acceptance by agent sufficient, without payment of freight .

6. Question of fact, whether carrier took charge of the goods

7. Sufficient to charge company, that goods are put in charge of their

servants

8. Whether goods are left for immediate transportation, matter of infer-

ence, often

47

47

47

48

48

49

SECTION VII.

TERMINATION OF CARRIER'S RESPONSIBILITY.

1. Responsibility of carrier of parcels for delivery

2. Company not bound to make delivery of ordinary freight

3. The duty, as to delivery, affected by facts, and course of business

4. Railway company not bound to deliver goods, or give notice of ar-

rival

5. Rule, in regard to delivery, in carriage by water

6. Only bound to keep goods reasonable time after arrival

7. Consignee must have reasonable opportunity to remove goods

56

8. After this, carrier only liable for ordinary neglect

56-58

9. If goods arrive out of time, consignee may remove, after knowledge

of arrival

58-62

10. So if company's agent misinform the consignee

62

11. Carrier excused when consignee assumes control of goods

62-64

12. Effect of warehousing, at intermediate points, in route

13. If carrier has place of receiving goods, responsibility attaches on de-

livery there

14. Warehouse-men, who are carriers, held responsible as carriers, on re-

ceipt of goods generally

15. Goods addressed by carrier to his own agent, does not terminate

transit

16. Consignor refusing goods, duty of carriers

17. Leading facts in an English case on same point, and ruling of Ex-

chequer Chamber.

18. Duty of the carrier in such cases, by American decisions

19. May put goods in his own or other warehouse

20. Carrier cannot charge for carrying to and from depot, unless, &c.

21. By English statute, can make no discrimination among customers

GENERAL DUTY OF CARRIERS. -EQUALITY OF CHARGES. SPECIAL DAMAGES.

1. Bound to carry for all who apply

2. May demand freight in advance. Refusal to carry, excuses tender

3. Payment of freight and fare will sometimes be presumed

4. What will excuse carrier from carrying or delivery

NOTICE RESTRICTING CARRIERS' RESPONSIBILITY.

1. Special contract limiting responsibility valid

2. Notice assented to by consignor has same effect

71-75

75

3. But as matter of evidence, it is received with caution

4. Carrier must show that consignor acquiesced in notice

5. Decided cases. Carriers' act

6. New York courts held, at one time, that express contract will not

excuse the carrier

7. American cases generally hold notice, assented to, binding

8. But in New Hampshire, knowledge of such notice is not sufficient to

bind the owner

9. Will not excuse for negligence

10. Cases in Pennsylvania

11. General result of all the cases

12. The rule under the English statute stated and illustrated

SECTION X.

NOTICE OR EXPRESS CONTRACT LIMITING CARRIERS' LIABILITY.

1. Written notice will not affect one who cannot read

2. Carrier must see to it that his notice is made effectual

3. Must be shown that knowledge of notice came to consignor

4. But former dealings with same party may be presumptive evidence

5. Carrier cannot stipulate for exemption from liability for negligence

6. But carrier may be allowed to stipulate for exemption from respon-

sibility as an insurer

7–12. Review of the cases favoring this proposition

86-89

13, 14, and n. 22. Review of English cases bearing in opposite direction 90–94

SECTION XI.

NOTICES AS TO ORDINARY AND EXTRAORDINARY RESPONSIBILITY OF CARRIERS.

1. American writers and cases adopt this distinction

2. The English cases do not seem to recognize it

3. The question often raised under English statute

4. Held reasonable to claim exemption from risk in transporting fresh

fish

5. So in carrying dogs and horses may require value to be stated

6. How limitation must be claimed and secured

7. Unreasonable conditions stated

8. Cannot claim exemption from all responsibility, &c.

9. Same point further illustrated

10. Case of injuring cattle by carrying beyond the station

SECTION XII.

RESPONSIBILITY FOR CARRIAGE BEYOND COMPANY'S ROAD.

1. English rule to hold first company liable to the end of the route

2. This rule not followed in the American courts

3. But company may undertake for whole route

4. This is presumed when they are connected in business

99-101

101

102, 103

104-106

5. Case of refusal to pay charges demanded, and return of goods before

reasonable time

6. Carriers only responsible for safe carriage and delivery to next car-

rier, according to ordinary usage

107

107, 108

7. Must follow special directions

8. Makes no difference that part of line is by boat and part by railway

9. English rule as to implied contract for the entire route

SECTION XIII.

POWER OF COMPANY TO CONTRACT TO CARRY BEYOND ITS OWN LIMITS.

1. No doubt existed in regard to this power until very recently

2. Receiving freight across other lines and giving ticket through

3-5. Cases reviewed upon this point

6. This may be shown by acts of company

7. English courts hold company competent to contract to carry through

entire route by sea and by land

SECTION XIV.

AUTHORITY OF THE AGENTS AND SERVANTS OF THE COMPANY.

1. Board of directors have same power as company unless restricted 112, 113

2. Other agents and servants cannot bind the company beyond their

sphere

113

3. Owner may countermand destination of goods through proper agent 113, 114

4. But an agent, who assumes to bind the company beyond his sphere,

cannot

5. Ratification of former similar contracts, evidence against company 114, 115

6. Notice by company of want of authority in servants, if known, will

excuse them

114

115

7. Illustrations of the rule

115

8. Servant may bind company even when he disobeys their directions

9. Company responsible for the servants of other companies.

116

116

SECTION XV.

LIMITATION OF DUTY BY COURSE OF BUSINESS.

1. Carriers bound only to the extent of their usage, and course of busi-

2. This question arises only when they refuse to carry

3. Carriers and some others are bound to serve all who apply

116, 117

117

118

4. Duty under English carriers' act

118

5. Usage to determine character of freight

7. Proof of the ordinary results of same voyage admissible

6. Carrier cannot transship freight except in cases of strict necessity 118, 119

119

8. So also is the notoriety of the usages of trade and business

119

SECTION XVI.

STRANGERS BOUND BY COURSE OF BUSINESS AND USAGES OF TRADE.

1. Those who employ railway companies bound to know the manner of

transacting their business

2. General usages of trade presumed to be familiar to all

120

121

121, 122

3. Contracts for transportation contain, by implication, known usages of

the business

SECTION XVII.

CASES WHERE THE CARRIER IS NOT LIABLE FOR GROSS NEGLIGENCE.

1. Extent of English carriers' act

122-124

124

124, 125

2. Must give specification and pay insurance.

3. Loss by felony of servants excepted. But not liable unless by car-

rier's fault.

4. Not liable in such case where the consignor uses disguise in pack-

5. Carrier is entitled to have an explicit declaration of contents.

6. But refusal to declare contents will not excuse the carrier for refusal

to carry

7. This statute does not excuse carrier for delay in the delivery.

125

125

125

125, 126

SECTION XVIII.

INTERNAL DECAY.- BAD PACKAGE.

STOPPAGE IN TRANSITU. CLAIM BY SUPERIOR

RIGHT.

3. Carrier liable, if he do not surrender the goods, to one having right

to stop in transitu

4. Carrier may detain until right is determined.

5. Right exists as long as the goods are under control of carrier, 132-135

6. Most uncertainty exists in regard to capacity of intermediate con-

signees

136-138

7. As long as goods are in the hands of mere carriers, right exists, but

not when they reach the hands of the consignee's agent for an-

other purpose

8. Company compellable to solve question of claimant's right at their

peril

9. Conflicting claims of this kind may be determined by replevin or in-

terpleader

10. Or the carrier may deliver the goods to rightful claimant, and defend

against bailor

1. Between consignor and carrier the bill of lading is primâ facie evi-

dence

2. But questions of quantity and quality of goods cannot be raised where

intermediate carriers are concerned

3. Bill of lading may be explained by oral evidence

4. Express promise to deliver goods in good order by a day named

5. Effect of stipulation for deduction from freight in case of delay

6. If carrier demand full freight, in such case he is liable to refund

7. Must be forwarded according to bill of lading

8. Effect of separate bills of lading to different owners

9. Right of consignee in unlading goods

10. Effect of endorsement and delivery of bill of lading

141, 142

142

143, 144

144

144

144

144, 145

145

145

145, 146

146

11. Exception of responsibility for leakage extends to extraordinary as
well as ordinary leakage