Page:The American Cyclopædia (1879) Volume V.djvu/149

 COMMON CARRIER either on particular routes or as they may be directed, hold themselves out as carriers for the public indifferently. Persons who thus become general carriers assume peculiar ob- ligations, and are subjected by the law to re- sponsibilities from which mere private carriers, or tftos'e who only undertake to carry on par- ticular occasions or for certain persons, are exempt. A common carrier is considered as in a public employment, and he is bound to carry without discrimination for all who may offer to employ him, and is liable for a refusal so to do. His business may be the transporta- tion of all kinds of movable property, or it may be restricted to particular kinds or descrip- tions; or he may carry movables generally, but exclude particular articles the carriage of which would be peculiarly inconvenient or extra-hazardous to persons or property carried, such for instance as nitro-glycerine ; and where the business is thus restricted, the public can- not insist upon an obligation to carry beyond what has been voluntarily assumed. (23 Ver- mont Rep., 186.) The liability of the carrier is to carry safely, and to deliver within a rea- sonable time ; and he is said in general terms to be an insurer against all loss or damage to the property carried, except such as may occur by the act of God or of the public enemy. A loss by lightning, tempest, the perils of the sea, or any inevitable accident which human care and foresight would not have guarded against, he is not responsible for ; but he must respond to the owner for fires occurring by negligence, whether of himself or his servants, or of third persons ; for injuries through defects of ma- chinery and vehicles ; for losses by collisions, thefts, embezzlements ; and for those occurring in consequence of unreasonable delay in carriage or delivery. If, however, he be plundered by the public enemy without his fault, or robbed by pirates, he is excused. But in any case where the carrier relies upon matter of excuse, he will nevertheless be held responsible if his own act or default concurred in producing the injury. (12 Maryland Rep., 9 ; 30 New York Rep., 630 ; 41 Penn. State Rep., 378.) A car- rier may contract with his employer for a limi- tation of his common-law liability (6 Howard, 344), and this is very often done by provisions inserted in the bill of lading or other corre- sponding instrument ; but he cannot impose restrictions by his own act merely, and it has accordingly been held that notices posted at his office or other place of business that he would not be responsible beyond a specified amount, or for losses caused by particular perils, were of no force unless it could be shown that they were brought home to the knowledge of the consignor, and that he as- sented thereto. (19 Wendell, 234, 251.) No- tices, however, prescribing reasonable regula- tions for the conduct of the business, are not regarded as limitations of liability, and the consignor must conform to them, as he must also to the general regulations established by custom, and which, being generally under- stood, are supposed to be known by every one having transactions which would come within them. A common regulation is one requiring the nature or value of the property offered for carriage to be stated, and limiting the liability of the carrier to the value actually stated, where untruthful information has been given. It is a disputed point how far a common car- rier may contract for exemption from respon- sibility for losses caused by his own negligence. In some cases it has been held that certain new kinds of business from their very nature imposed certain restrictions; as, for instance, the transportation of live cattle, which are al- ways understood to be accompanied by the owner or his servant, whose charge and super- vision are inconsistent with the unlimited lia- bility of the carrier as insurer, and must be understood to modify it accordingly. (21 Mich- igan Rep., 165.) Limitations upon the carrier's liability are sometimes imposed by statute ; as in the case of the act of congress of March 3, 1851, which exempts the masters and owners of ves- sels from liability for losses by fires happening without their design or neglect, and for the loss of certain valuable articles not made known to them and entered truly in the bill of lading. The character of delivery to be made by the carrier will depend upon the nature and usages of the business and modes of conveyance. A wagon will be expected to deliver at the consignee's place of business ; but in the case of goods transported by railroad, the consignee is expected to receive them at the warehouse of the railroad company, unless the company adds to its ordinary business that of draymen also. By some courts it is held that the re- sponsibility of a railroad company as common carriers ceases as soon as the goods are received at the point of destination and placed in their warehouse ; while others hold that it continues until the consignee has been notified of the receipt of the goods, and has had reasonable time to take them away ; after which time, if they remain in warehouse, the company is no longer insurer, but liable like other warehouse- men for negligence. A carrier is entitled of right to demand payment of his charges in ad- vance ; but if he does not do so, he has a lien therefor on the goods carried, and also for any advances which may have been made by him in payment of the charges of other carriers over whose lines the goods have come to him. In England, where a railroad company receives goods to be carried over a connecting line and gives receipt accordingly, it is held liable as carrier to the point of ultimate destination (8 Meeson and Welsby, 421); but this doctrine is rejected in America, and it is held liable to the extent of its own route only and for safe and prompt delivery to the next carrier, unless by contract, express or implied, it has assumed a further liability. (6 Hill, 157; 18 Vermont Rep., 140; 22 Conn. Rep., 1.) The responsi- bility of the carrier begins as soon as the goods