TABLE OF CONTENTS.

CHAPTER I.

DEFINITION OF A BILL OF LADING-ITS KIND, CONTENTS, PARTIES
AND OFFICES.

§ 1. Definition of a bill of lading.

§ 2. What are not bills of lading.

§ 3. The several kinds of bills of lading.

§ 4. Contents of the bill.

§ 5. The original parties to the bill.

§ 6. By whom bills may be given.

§ 7-10. Who are common carriers.

§ 11. Bills of lading contracts for di-

minished liability.

§ 12. The consideration paid for trans-
portation-freight.

§ 13. The offices of the bill-a receipt,
a contract and a muniment of title.

CHAPTER II.

A BILL OF LADING IS A RECEIPT AND ITS TERMS MAY BE VARIED

BY PAROL PROOF AS BETWEEN THE ORIGINAL PARTIES, AS TO

THE DESCRIPTION OF THE GOODS AND AS TO THEIR WEIGHT AND

QUANTITY.

§ 14. The bill is a receipt and its reci-

tals may be varied by parol proof as

between the original parties.

§ 15. The bill is not conclusive evidence

of delivery to the carrier.

§ 16. Illustrations of the principle.

§ 17. The bill is prima facie evidence of

such delivery.

§ 23. Misdescriptions to secure lower

rate of freight.

§ 24. Misdescription by the carrier.

§ 25. Statement of weight and quantity

only prima facie evidence of amount.

§ 26. Carrier not bound by the state-

ment of quantity.

§ 27. Illustrations of the principle.

§ 18. Effect of a bill executed before re-§ 28. Contrary doctrine in Georgia.

ception of the goods.

§19. Effect of a bill receipting for goods

improperly described.

§ 20. Misdescription by shipper induc-

ing less degree of care.

§ 21. Instances of misdescription.

§ 22. Further instances.

§ 29. Neither the shipper nor consignee

bound by the statement of quantity.

§ 30. Effect of the statement of quantity

on the burden of proof.

§ 31. "Quantity guaranteed" and sim-

ilar provisions.

66

§ 32. Effect of the qualification more

or less."

CHAPTER III.

A BILL OF LADING IS A RECEIPT, CONTINUED.-EFFECT OF THE STATE-

MENT OF VALUE, OF THE CLAUSE "SAID TO CONTAIN," OF STATE-

MENT OF THE CONDITION AT TIME OF SHIPMENT.

§ 33. Effect of the statement of the § 42. Effect of the qualification "said

value of the goods.
to contain."

§ 34. Effect of knowledge by the car- § 43. Effect of the statement "received

rier of the true value.
in good order and condition," gener-

ally.

§ 35. Shipper not bound to state value

unless asked.

§ 36. Legislation requiring the shipper

to state value.

§ 44, 45. Statement refers to external

or apparent condition.

§ 46. The reason for the rule.

§ 37. Shipper, if asked, must state § 47. The statement of condition is not

value truly.

§ 38. Shipper must not deceive the

carrier as to value by the manner of

shipping.

§ 39. Illustrations of the principle.

§ 40. Further illustrations.

§ 41. The question of fraud may be for

the court or for the jury.

conclusive.

§ 48. Illustrations of the principle.

§ 49. The statement is prima facie evi-

dence of the condition and puts onus

on the carrier to disprove.

§ 50. A promise to deliver in good con-

dition implies receipt in same.

§ 51, 52. Effect of the phrase "appa-

rent good condition."

CHAPTER IV.

EFFECT OF QUALIFYING CLAUSES, "CONTENTS UNKNOWN,"
"WEIGHT UNKNOWN," ETC.

§ 53. "Quantity, etc., unknown" gene- § 57. "Contents and value unknown."

ally.

§ 54. "Contents unknown," as affect-

ing the description of goods.

§ 55. "Contents unknown," as affect-

ing the statement of the condition of

the goods.

§ 56. Contents and gauge unknown."

§ 58. "Weight unknown."

§ 59. "Contents and weight un-

known."

§ 60. "Quantity and quality un-

known."

§ 61, 62. "Weight, contents and value

unknown."

CHAPTER V.

A BILL OF LADING IS A CONTRACT-RULES OF CONSTRUCTION.

§ 63. A bill of lading is a contract.

§ 64. As such it cannot be varied in its

terms by parol proof.

§ 66. Verbal agreement is not merged

where terms are omitted by mistake

from the bill.

§ 65. Nor by contemporaneous verbal § 67. Illustrations of the principle.

agreement.

§ 68. Variations of the rule.

§ 69, 70. Parol evidence is admissible § 73, 74. Reference to charter party.

to explain ambiguities.

§ 75, 76. Written prevail over printed

provisions.

§ 71. Contract is to be gathered from

the whole instrument.

§ 72. Modification of the rule.

§ 77. The bill is to be construed accord-

ing to the intention of the parties.

CHAPTER VI.

FURTHER RULES FOR CONSTRUING THE CONTRACT.

§ 78, 79, 80. The bill construed with

reference to usage and custom.

§ 81. Limitations of the rule.

§ 82. Terms varied by custom or tech-

nical meaning.

§ 83. Usage as to course of voyage.

§ 84. Usage in conflict with positive

law.

§ 85, 86. The bill construed with refer-

ence to custom as to stowage.

§ 87. The case of Lamb v. Parkman.

§ 88. Custom as to stowage continued.

CHAPTER VII.

CONFLICT OF LAWS IN CONSTRUING THE BILL OF LADING.

§ 89. The general rule as to the law § 95. Decisions in England.

that governs construction.

§ 90, 91. Consideration of the cases.

§ 92. The Iowa authorities.

§ 93, 94. Decisions in other States.

§ 96. Decision by U. S. Supreme Court.

§ 97. "The law of the ship."

§ 98. Divergent opinions.

CHAPTER VIII.

1 THE RIGHT OF CARRIERS TO LIMIT THEIR COMMON LAW LIABILITY.

§ 127. Rule in New Hampshire.

§ 128. Rule in New Mexico.

§ 129. Rule in New York.

§ 130. Rule in New Jersey.

§ 131. Rule in North Carolina.

§ 132. Rule in Ohio.

§ 133. Rule in Pennsylvania.

§ 134. Rule in South Carolina.

§ 135. Rule in Tennessee.

§ 136. Rule in Texas.

§ 137. Rule in Vermont.

§ 138. Rule in Virginia.

§ 139. Rule in West Virginia.

§ 140. Rule in Wisconsin.

§ 141. The general American rule.

1221-00

CHAPTER IX.

LIMITATION OF LIABILITY TO A SPECIFIC SUM.

§ 142. Limitation of liability to a speci- § 146. Effect of the limitation where

fic amount by notice and advertise-

ment.

§ 143. Such notice is obligatory because

intended to insure good faith.

§ 144. Limitation of liability to a speci-

fic amount by the terms of the bill of

lading.

§ 145. Benefit of the limitation to car-

riers other than the one giving the

bill.

the shipper is silent as to the real

value.

§ 147. Effect of limitation where several

articles are included in one package.

§ 148. Construction put upon limita-

tion in Alabama case.

§ 149. Limitation does not relieve from

liability for negligence.

CHAPTER X.

ACCEPTANCE OF THE BILL IS ASSENT TO ITS TERMS.

§ 150. Acceptance of the bill by the

shipper is generally held to be an

assent to its terms.

§ 154. Statutory enactment in Dakota.

§ 155. The rule in Georgia, Michigan,

and Maryland.

§ 151. Duty of the shipper to read the § 156. The rule in Ohio.

bill.

§ 152. In Massachusetts assent must

be proven.

§ 153. So also in Illinois.

§ 157. Assent is not presumed as to

limitation indorsed on the bill.

§ 158. Assent is presumed where the

shipper is familiar with the terms.

CHAPTER XI.

EXECUTION OR ACCEPTANCE OF THE BILL BY AN AGENT OF THE
SHIPPER, OR OF THE CARRIER.

§ 159. Authority of an agent, deliver- | § 160. Knowledge of an authorized

ing goods to the carrier to bind the

shipper.

agent as to the manner of shipping,

is the knowledge of the shipper.