THE LAW OF RAILWAYS: EMBRACING CORPORATIONS, EMINENT DOMAIN, CONTRACTS, TELEGRAPH COMPANIES. BY ISAAC F. REDFIELD, LL. D., CHIEF JUSTICE OF VERMONT. THIRD EDITION, GREATLY ENLARGED. VOL. II. BOSTON: LITTLE, BROWN, AND COMPANY. Entered according to Act of Congress, in the year 1857, by Isaac F. REDFIELD, in the Clerk's Office of the District Court of the District of Massachusetts. Entered according to Act of Congress, in the year 1858, by ISAAC F. REDFIELD, in the Clerk's Office of the District Court of the District of Massachusetts. Entered according to Act of Congress, in the year 1867, by ISAAC F. REDFIELD, in the Clerk's Office of the District Court of the District of Massachusetts. UNIVERSITY PRESS: WELCH, BIGELOW, & Co., CAMBRIDGE. ANALYSIS OF THE CONTENTS. The citations to other portions of the work are thus expressed, §—pl. n.-. and the are placed in the inner margin of the pages, for convenience of reference. The original paging is preserved in this edition at the bottom of the page. COMMON CARRIERS. INTRODUCTION. 1. Distinction between public or common and private carriers 2. The distinction further illustrated by the cases 3. The precise definition of common carriers 4. Reference to the early cases n. 7. Different kinds of bailment CHAPTER XXIII. COMMON CARRIERS. SECTION I. DUTY AT COMMON LAW. 1. Definitions of common carriers. Inevitable accident 2. To excuse carrier, force must be above human control, or that of public enemy 5 3. Are insurers against fire, except by lightning 5,6 4. Instances of perils which excuse carrier 5. If carrier expose himself to perils, he must bear the loss, but not of delay from unknown peril 6,7 6. Is liable for loss in price, during delay caused by his fault. 7 7. Only actual damages can be recovered 8. The same view further illustrated 9. In America the rule of damages is more liberal 10. Carrier must pay damage caused by negligence SECTION II. RAILWAY COMPANIES COMMON CARRIERS. 7,8 8 8 1. Common carriers, those who carry for all who apply 2. Under the English statute, entitled to notice of claim 3. Railways liable as common carriers of passengers' baggage and of freight 10 . 9 10 SECTION III. LIABILITY FOR PARCELS CARRIED BY EXPRESS. 1. Carriers, who allow servants to carry parcels, are liable for the loss 2. Importance of making railways liable for acts of agents 3. Allowing perquisites to go to agents will not excuse company 4. Owner of parcels carried by express may look to company 5. May sue subsequent carrier, who is in fault 6. European railway companies are express carriers 7. Express companies responsible as common carriers 8. Such companies who carry parcels or baggage from one city to another, or from one depot to another, are common carriers 9. Omnibus lines and railways common carriers ex vi termini 14, 15 15 15 . 15 15 .16 16, 17 .17 Statement 17, 18 18 10, and n. Extended discussion of the principles and grounds of decision of 1. Epitome of the law in regard to express carriers 3. And in addition the owners of goods have the responsibility of the 4. The same rule established by an early American case. of facts 5. Statement of the points decided. Responsibility of general carriers 6. Contracts exonerating carrier for neglect against sound policy. Course of decisions in America upon analogous questions 7. Finally settled that carriers may contract for exemption from that extraordinary responsibility imposed by common law 8. It was next attempted to allow them to contract for exemption from all responsibility. English statute. American rule much 9. It is upon this ground that carriers are held responsible for parcels carried by their servants in the due course of their business 10. The distinctive character of express carriers is, that they make personal delivery to the consignees upon their route 11. Stipulations in the bill of lading executed by express companies, how far binding upon the owners of goods 12. There should be the clearest evidence of free assent, or the conditions excusing the carrier from responsibility, should not be held binding 13. How far the consignor or his agent may stipulate for the transpor 14. By the construction of the English statute, against carriers making discrimination among their customers, it is held that they cannot receive parcels of express companies and close their offices against others 15. Illustration from an English case, as to what degree of evidence will charge the owner of goods with knowledge of conditions inserted in the bill of lading 16. The English rule as to responsibility of different carriers constituting a continuous line. The first carrier alone responsible to the owner 17. The American rule allows the owner to sue any of the companies 18. Where there is no contract and no business connection extending to the entire route, the first carrier is only responsible for his own line 19. Express carriers held responsible for safe transportation over their own line, and safe delivery to next carrier 22, 23 |