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1-yol. ii.





CHAPTER I. Carriage in General.

II. Curriage of Persons.
III. Curriage of Property.
IV. Curriage of Messages.
V. Common Carriers.



SECTION 2085. Contract of carriage.

2086. Different kinds of carriers.
2087. Marine and inland carriers, what.
2088. Carriers by sea.
2089. Obligations of gratuitous carriers.
2090. Obligations of gratuitous carrier who has begun to


2085. The contract of carriage is a contract for Contract of

carriage. the conveyance of property, persons, or messages, from one place to another.

VOTE.—The contract of carriage is well defned and explained in Edwards on Bailm., pp. 467-8, in the following language: “ The law has, indeed, always recognized the existence of a contract, whilst it has at the same time declared the obligation of the carrier to be a public duty, by allowing the plaintiffto vary the form of his action, according to the circumstances of


p. 428.

the case, and for the greater convenience of the party injured."— Boson vs. Sandford, 1 Salk., p. 440; Buddle vs. Walson, 6 Term. R., p. 369; Dickson vs. Clifton, 2 Wilson, p. 319; Dale vs. Hall, 1 Willis R., p. 282. “It has also discountenanced and discouraged limitations of his liability by special agreements. The permitting him to be chargel in contract, as well as in tort, is founded on a clear principle of mutual equity; that there should be a consideration adequate to the risk on the one side, and due precaution and diligence exerted on the other.”—Jeremy on Law of Car., p. 36. “In every contract for the carriage of goods for hire, it is a part of the carrier's contract, implicd by law, that he will provide proper carriages or vessels in all respects adequate for the business or employment in which he is engaged.”—Lyon vs. Wells, 5 East R.,

· For, in general, he must answer for the goods intrusted to him, and deliver them safely at their place of destination, unless excused by showing a loss for which he is not responsible."-Story on Bailm., Sec. 519; Edwards on Bailm., pp. 467-8. “There being no special agreement, the law charges him with the safe custody of the goods as an insurer; and as he accepts them for transportation, he is bound to deliver them safely at the place to which they are addressed, vided it be on or at the end of his route."--Id.; Door vs. N. J. Steam Navigation Co., Sand. R., p. 136. On the subject of special contracts, see Edw, on Bailm., p. 468; Story on Bailm., Sec. 549. The preceding is applicable to common carriers of goods, but may generally, under the limitations provided in each of the succeeding chapters, apply as well to all kinds of carriers, so far as the contract is concerned, for the carriage of persons, property, or messages. See, also, Redfield on Carriers, Part II: distinction between public or common carriers; and Part I: prirate carriers; Sec. 19. The one makes carrying a regular or constant business, the other for a particular occasion, pro hac vice, and the like.


Different kinds of carriers.

2086. Carriage is either:
1. Inland; or,
2. Marine.

Note.— The second class, “marine carriers as they are here called, are treated of in Red. on Carriers and other Bailments, Chap. 27, Sec. 328, et seq., as “carriers by water;" all others are inland carriers. So, also, Angell on the Law of Carriers, Chap. 11, Sec.

525, et seq., p. 612. This is the first general classifica-
tion for the purposes of this Title.

2087. Carriers upon the ocean and upon arms of Marino and

inland the sea are marine carriers. All others are inland carriers,

what. carriers.

NOTE.-See note to preceding section.

2088. Rights and duties peculiar to carriers by Carriers

by sea. sea are defined by Acts of Congress.

NOTE.-See Acts of Congress relative to carrying passengers.-Acts of 1819, Chap. 46; 1838, Chap. 191; 1843, Chap 94; 1847, Chap. 16; 1848, Chap. 41; 1851, Chap. 43; 1870-1, Chap. 100.

2089. Carriers without reward are subject to the obliga

tions of same rules as employés without reward, except so far gratuitous as is otherwise provided by this Title.

Note.-Carriers without consideration, as they are called by Red, on Carriers, etc., Part I, Chap. 2, p. 9, Sec. 11, are not “very numerous," and their rights and duties are not complicated or important. The leading case, Coggs vs. Bernard, 2 Ld. Ray., p. 909, S. C. Com., p. 133, was of this character, hence this is named as a special department of the law of carriers. The contract arises in beginning its performance, or in undertaking to perform, without reward. "A common carrier is not liable for the loss of goods entrusted to him for carriage, where it is understood that he (receives or) is to receive no compensation for the carriage, and where he has exercised ordinary diligence in taking care of them; in such case he is liable only as a bailee without hire.”—Fay vs. The Steamer New World, 1 Cal., p. 348. The California decisions will be found referred to under their appropriate headings, in Chap. V of this Title.

carrier who

2090. A carrier without reward, who has begun Obliga;

tions of to perform his undertaking, must complete it in like gratuitous manner as if he had received a reward, unless he has begun restores the person or thing carried to as favorable a position as before he commenced the carriage.

NOTE.-This is intended to include messages as well as property. It would be manifestly unreasonable to allow a railway company to eject passenger upon a

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