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THE

LAW OF RAILWAYS:

EMBRACING

CORPORATIONS, EMINENT DOMAIN, CONTRACTS,
COMMON CARRIERS OF GOODS AND PAS-
SENGERS, CONSTITUTIONAL LAW,

INVESTMENTS, &c., &c.
TELEGRAPH COMPANIES.

BY

ISAAC F. REDFIELD, LL. D.,

CHIEF JUSTICE OF VERMONT.

THIRD EDITION, GREATLY ENLARGED.

VOL. II.

BOSTON:
LITTLE, BROWN, AND COMPANY.

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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.

15 The citations to other portions of the work are thus expressed, 5-pl. n. -. and the

s 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
2. 7. Different kinds of bailment

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CHAPTER XXIII.

COMMON CARRIERS.

SECTION

DUTY AT COMMON LAW.

4

5

5,6

6

1. Definitions of common carriers. Inevitable accident
2. To excuse carrier, force must be above human control, or that of

public enemy
3. Are insurers against fire, except by lightning
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. Is liable for loss in price, during delay caused by his fault 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

6, 7

7

7,8

8

SECTION II.

RAILWAY COMPANIES COMMON CARRIERS.

1. Common carriers, those who carry for all who apply

9 2. Under the English statute, entitled to notice of claim

10 3. Railways liable as common carriers of passengers' baggage and of freight 10

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