INDEX.

[REFERENCES ARE TO THE SECTIONS.]

ACCEPTANCE:

of the bill by shipper is assent to its terms, 150.

shipper should read bill before accepting, 151, 152, 153, 154, 155, 156.
assent is presumed where shipper is familiar with terms of bill, 158.
authority of agent delivering goods to bind shipper, 159.
ACCIDENTS OF ENGINES, effect of exception, 204.
ACCIDENTS OF MACHINERY, meaning of exception, 204.
ACCIDENTS OF STEAM, effect of exception, 203.

ACT OF GOD:

is not excluded by expressed exceptions, 184.
definition, 188, 189.

losses within the exception, 190, 191.

losses not within the exception, 192.

act of God the proximate cause, 193.

negligence and act of God concurring, 194, 195.

delay and act of God concurring, 196.

deviation and act of God concurring, 197, 198, 199.

duty to protect goods after damage by, 200.

inevitable accident not synonymous with, 201, 202.

may include loss by jettison, 247.

ADVERTISEMENT, limitation of liability to a specific amount by, 142.

AGENT:

authority of agent delivering goods to bind shipper, 159.

knowledge of agent as to manner of shipping is knowledge of shipper,

160.

contract made by agent in his own name benefits real owner, 162.
principal must adopt agent's contract as a whole, 163.

carrier having dealt with agent cannot deny agent's authority, 164.
effect of shipment by agent of consignee, 165.

bill executed by agent of carrier, 166.

agent not authorized to sign bill for goods not received, 167, 168.
agent of carrier must be authorized to sign bills, 169, 170, 171.
instructions to carrier's agent do not bind shipper, 172.
effect of agreement by agent to make immediate delivery, 173.
limitation of agent's power to make special contract, 173.

T

AGENT (continued).

agreement of ticket or passenger agent to watch for arrival of goods, 175.
personal responsibility for making contract beyond authority, 175.

carriers other than the first of a series are the agents of the first under bill
for through carriage, 324.

where bill says privilege of reshipping second carrier has lien on goods for
freight, 354.

carrier not liable on bill issued by agent without receiving goods, 428, 429,

430.

unauthorized delivery of bill by an agent confers no title, 469.

exception where apparent ownership is intended, 470.

making goods deliverable to vendor's agent is prima facie evidence of in-
tention to reserve jus disponendi, 484.

"ALL RAIL," omission of these words from bill, 67.
AMBIGUITY, parol testimony admissible to explain, 69.
ASSENT:

acceptance of bill by shipper assent to its terms, 150 et seq.
not presumed as to limitations indorsed on the bill, 157.
presumed where shipper is familiar with terms of bill, 158.
ASSIGNEE:

master estopped from denying truth of statements in bill, as against as-
signee for value when acting within scope of his authority, 180.

of bill for value, liable for freight, 366.

assignee of bill agent of owners not liable for freight, 367.

carrier not liable to, on bill issued by agent without receiving goods, 428

et seq.

bills of lading act in England, 430.

ASSOCIATION OF CARRIERS, effect of such association upon their
liability, 345, 346.

AT SHIP'S RISK, meaning of exception, 318.

BANK BILLS, are not "goods, freight," etc., 21.
BARRATRY:

definition of, 205.

effect of exception, 205.

acts held to be barratrous, 206.

loss by not covered by exception perils of the sea, 272.
BILLS OF LADING:

definition of, 1.

what are not, 2.

kinds of, 3.

contents of, 4.

original parties to, 5.

by whom given, 6.

contracts for diminished liability, 11.

offices of the bill, 13.

BLOCKADE. See RESTRAINT OF PRINCES.

attempting to run, is barratrous act, 206.

BOATS. See RISK OF BOATS.

BREAKAGE:

meaning of, exception, 251.

effect of negligence on the exception, 253.

CAPTION, is a part of the bill, 71.

CARRIER:

benefit of limitation of liability to specific sum, to carriers other than the
one giving the bill, 145.

bill executed by agent of, 166.

liability on bills signed for goods not received, 167, 168.

agent of, must be authorized to sign bill in order to bind the carrier, 169,
170, 171.

instructions to carrier's agent will not bind shipper, 172.

effect of agent's agreement to make immediate delivery, 173.

limitation of agent's power to make special contract, 174.

obligation to feed and water live stock, 254.

obligation to furnish proper means of transportation, 256, 257, 258.

duty to protect goods after damage by perils of the sea, 278.

right of carrier by land to sell perishable goods, 289.

obligation of, when legal seizure is made of goods, 301.

may contract to carry beyond his own line, 323.
other than the first is agent of the latter, 324.

first carrier liable to destination, 325.

first carrier may limit liability to his own line, 326.

contract to carry beyond carrier's own line expressed or implied, 327.
receipt of goods marked to be delivered beyond carrier's own line, 328.
receipt of such goods by one of an association of carriers, 329, 330.
intermediate carrier must deliver to next succeeding carrier, 342.
carrier in possession of goods when destroyed, liable, 343.
carrier may show in defence misconduct of preceding carrier, 344.
association of carriers for through transportation, 345.

to hold final carrier, delivery to first carrier in good condition must be
shown, 346.

limitation of liability in bill of first carrier enures to succeeding carriers,
348, 349.

succeeding carriers not benefited by contract of first carrier may enure to
the latter's behalf, 350.

refusal to give bill unless freight previously paid, 363.

duty as to delivery under bill for goods shipped C. O. D., 382, 383, 384,

385.

delivery by vessel at wharf, 400-406.

wrong delivery by vessel, 407-409.

delivery by carrier on land, 410.

CARRIER-(continued).

not liable on bill issued for goods not received, 428-435.

statutes provide that bill shall be conclusive evidence of receipt of goods,
435.

may be compelled to disregard his bailor's title and recognize that of true
owner, 464.

manner in which bailor obtains possession of goods, whether fraudulently
or in good faith material, 466, 467, 468.

when carrier need require no indorsement of bill to warrant delivery, 495.
right to limit common law liability. See LIMITATION.
CHARGES, construction of the phrase, 358.
CHARTER PARTY:

reference to terms of, in bill of lading, 73, 74.
obligations of owners as to stowage, 244.
provision in, respecting demurrage, 357.
"CLEAN" BILL:

definition, 3.

imports that goods are to be stowed on deck, 85.
parol evidence to vary such bill inadmissible, 85.
C. O. D.:

testimony to explain meaning of, admissible, 69.

authority of agents of carriers to contract C. O. D., 173.
carrier's duty under bill for goods so shipped, 382, 383, 384, 385.
COLLATERAL SECURITY. See PLEDGEE.

COLLISION:

loss by, is not by act of God, 192.

is said to be included in perils of the sea, 212.

conditions under which collision may arise, 212, 213.

duty to protect goods after collision, 214.

not presumptively due to negligence, 215.

COMMON CARRIERS, who are, 7, 8, 9, 10. See CARRIER.
CONFEDERATE INSURGENTS, held public enemies, 293.
CONFLICT OF LAWS:

general rules as to the law that governs construction of bill, 89–99.
CONNECTING CARRIERS. See CONTRACT, CARRIER.

CONSIGNEE:

goods sent to two consignees jointly, delivery to either is delivery to both,

414.

bill of lading is prima facie evidence of his title, 417.
the bill constitutes evidence of insurable interests, 418.

bill prima facie evidence of his title, 471, 472, 473, 474.

prima facie owner though carrier paid by consignor, 475.

may sue without delivery of bill when consignor releases title, 477.

or upon reindorsement of bill, 478.

consignment not conclusive evidence of title in consignee, 479, 480, 481.
pledgee's rights are paramount to those of consignee, 516, 517, 518.

CONSIGNEE-(continued).

agreement with shippers shall be property to payment of consignor's debt
immaterial, 519.

ignorance of pledge immaterial, 520.

cannot claim possession until he accepts or pays draft, 528.

pledgee liable in damages for refusal to deliver upon consignee's accept-
ance or payment of draft, 529.

pledgee's right not divested by consignee's obtaining possession of goods
without acceptance or payment of draft, nor by consignee's own de-
livery of goods where in trust for redemption by pledgee, 531.
CONSIGNOR. See SHIPPER.

vendor shipping at direction of consignee, acts as latter's agent, 165.
CONSTRUCTION:

rules for construing bill. See CONTRACT, CONFLICT OF Laws.
exception fire to be strictly interpreted, 230.

of statutes relating to negotiability of bill, 452, 453, 454.
CONTEMPORANEOUS PAROL AGREEMENTS. See CONTRACT.
CONTENTS, of a bill of lading, 4.

CONTENTS UNKNOWN:

effect of phrase as affecting description of goods, 54, 55.

CONTENTS AND GAUGE UNKNOWN, effect of phrase, 56.
CONTENTS AND VALUE UNKNOWN, effect of phrase, 57.

CONTENTS AND WEIGHT UNKNOWN, effect of phrase, 59.
CONTRACT:

bill of lading is, 63.

as such cannot be varied by parol proof, 64.

nor by contemporaneous verbal agreement, 65.

verbal agreement not merged where terms are omitted by mistake, 66,
67, 68.

parol evidence admissible to explain ambiguities, 69, 70.

contract to be gathered from whole instrument, 71, 72.

reference in bill to charter party, 73, 74.

written prevail over printed provisions of bill, 75, 76.

bill construed according to intention, 77.

the bill construed with reference to usage and custom, 78, 79, 80, 81.
terms of bill varied by custom or technical meaning, 82.

usage as to course of voyage, 83.

usage in conflict with positive law, 84.

bill construed with reference to custom as to stowage, 85, 86, 87, 88.
extent to which carrier can limit his liability, 101–141.

made by agent in his own name benefits real owner, 162.
principal must adopt agent's contract as a whole, 163.
by master must be within scope of his authority, 177.
carrier may contract to carry beyond his own line, 323.
first carrier liable to destination, 325.

first carrier may limit liability to his own line, 326.