Page:The New International Encyclopædia 1st ed. v. 04.djvu/304

* CARKIER. 256 CARRIER. Wabehousemak ), and wluic goods are received by persons as viiarlingers, or warehousers, or forwarders, and not as carriers, liability is in- curred by thorn only for ordinary negligence. The responsibility of the carrier terminates in most jurisdictions when, after the arrival of the goods at their destination, a reasonable time has elapsed for the consignee to receive them in busi- ness hours. This rule, however, is subject to modification in several jurisdictions. Thus, in the State of !Massachusetts the carrier's liability terminates as soon as the goods are stored by the carrier in good safety, while in the State of New York his liability does not terminate until a reasonable time after notice of arrival is given to the consignee, or reasonable efforts have been made to give such notice. After that the carrier may store them, and is responsible only for ordinary care. Generally speaking, the agents of corporations which are common carriers, such as railway and steamboat companies, bind their principals to the full extent of the business in- trusted to their control, whether they follow their instructions or not: nor will it excuse the company to show that the agents acted willfully in disregard of instructions. The carrier has an insurable interest in the goods both in regard to fire and marine disaster, except such as results from the act of God or the public enemy. He is bound only to carry and deliver goods with reasonable dispatch, but, if a particular time is ' agreed upon for the delivery of goods, damages incurred through exceeding that time may be re- covered. Carriers of Passengers are not held responsible as insurers of the safety of their passengers. It is commonly said that they are held to the high- est degree of watchfulness and care in the conduct of their business. By this it is not in- tended that the carrier of passengers should ex- ercise all the care and diligence of which the human mind can conceive, but rather a care and diligence commensurate with the extraordinary duty of care for life and limb which he assumes as carrier, or that he should exercise the highest degree of care which a prudent man engaged in that business would exercise. An unexplained accident to the conveyance of the carrier, result- ing in injury to the passenger, is prima facie evi- dence of negligence on the part of the carrier or his servants and throws upon the carrier the burden of showing that he has exercised the care required by law. Passenger-carriers are not re- sponsible for injuries caused by the contributory negligence of the passenger, but this rule does not apply when the passenger's negligent art was induced by any jiist sense of peril caused by the improper or negligent conduct of the carrier. Carriers of passengers are absolutely responsi- ble for the basgage of passengers intrusted to them, as carriers of goods; and they are bound to exercise due care with reference to packages car- ried by the passenger into the conveyance of the carrier. Carriers of passengers are lioimd to re- ceive passengers and to make every reasonable effort to carry them the whole rovite for which they stipulate, and according to the public )io- tices and general customs of their business, but they are not boimd to carry ])ersons disorderly in conduct or those having contagicnis diseases, or (hose who are otherwise offensive or dangerous to their fellow passengers. The passenger must com- ply with all reasonable rules or regulatiassenger to his destination with reasonable dispatch, and at a reasonable time according to the published schedule, and is liable to pay damages for his failure to do so. The passenger ticket, like the bill of lading, is both a recei]it and a contract, and unless limited by the terms it is freely assign- able. As in the case of the carrier of g Is, the carrier of passengers may regulate or limit his liability as carrier by notice or stipulation printed on the ticket and actually or construc- tively assented to by the passenger. As in the case of carriers of goods also, it is the general rule that the carrier cannot thus exempt himself from lial)ilily for his own negligence or that of his servants. Carriers of passengers by water are generally subject to strict statutory provisions regulating the number of pas.sengers, the amount of pro- visions, the navigating of the ship, pilotage, etc. BinuoGit.vpiiY. Consult the authorities re- ferred to under Contbact; Bailment; Tobt; Xegligexce. etc. Also Hutchinson. Treatise on Ihe /«»' of Carriers, 2d cd. (Chicago, 1S91); Schouler. liailments and Carriers: Kay, Negli- gence of IiiiimsrrI Duties, Ca^-riers of Freight (Rochester, ISno); id., Xegtigence of Imposed Duties, Carriers of Passengers (Rochester, 1892) ; Carver, Treatise on the Law Hclating to the Carriage of (loads hy Sea (.3d ed., London, 1!)00) ; Fetter, The Laa- of Carriers of Passen- gers (Saint Paul, 1807). CARRIER, ka'rya', Jean Baptiste (ITod- 94). A member of the French National Con- vention, born at the village of Yolet, in Upper Auvergne. He was procurator of the precinct of .urillac when the Revolution began. In 1792 he represented Cantal in the Convention, where he soon became one of the most violent agita- tors. He took part, with HOhert, in the over- throw of the Girondist party, October, 179.1, and immediately after was dispatched to Nantes and the Army of the 'est to assist in sup- pressing the uprising of La Vendee. Here ho became practically an autocrat, although he at first acted in the name of a local committee which he himself selected. His acts were so fiendish as to awaken the horror of the most cruel of the Revolutionists. Fiiiillades and tio.i/- ades (shooting and drowning parties) were his especial delight. Long lines of Jirisoners were ranged in front of open pits which they had been compelled to dig for their own graves, and were shot down so that their bodies fell by their own weight into the trenches. The j hulks of vessels were filled with prisoners and scuttled. Men and women were tied together, hands and feet, and thrown into the Tioire. This was called 'republican marriage.' It is said that during a single month 1(1,000 were shot or drowned at his orders. Robespierre finally re- called him, and after the death of Robespierre Carrier was called to accoimt and vigorously defended himself before the Convention, contend- ing that all his diabolical acts had been necca-