business will permit. Every carrier shall have the right, in case of necessity, to forward said property by any railroad or route between the point of shipment and the point to which the rate is given.

3. No carrier shall be liable for loss or damage not occurring on its own road or its portion of the through route, nor after said property is ready for delivery to the next carrier or to consignee. The amount of any loss or damage for which any carrier becomes liable shall be computed at the value of the property at the place and time of shipment under this bill of lading, unless a lower value has been agreed upon or is determined by the classification upon which the rate is based, in either of which events such lower value shall be the maximum price to govern such computation. Claims for loss or damage must be made in writing to the agent at point of delivery promptly after arrival of the property, and if delayed for more than thirty days after the delivery of the property, or after due time for the delivery thereof, no carrier hereunder shall be liable in any event. [Any carrier or party liable on account of loss or damage to any of said property shall have the full benefit of any insurance that may have been effected upon or on account of said property.]1

4. All property shall be subject to necessary cooperage and bailing at owner's cost. Each carrier over whose route cotton is to be carried hereunder, shall have the privilege,

at its own cost, of compressing the same for greater convenience in handling and forwarding, and shall not be held responsible for deviation or unavoidable delays in procuring such compression. Grain in bulk consigned to a point where there is an elevator may (unless otherwise expressly noted herein, and then if it is not promptly unloaded) be there delivered and placed with other grain of same kind, without respect to ownership, and if so delivered shall be subject to a lien for elevator charges in addition to all other charges hereunder. No carrier shall be liable for differences in weights or for shrinkage of any grain or seed carried in bulk.

5. Property not removed by the person or party entitled to receive it within twenty-four hours after its arrival at destination may be kept in the car, depot, or place of delivery of the carrier, at the sole risk of the owner of said property; or may be, at the option of the carrier, removed and otherwise stored at the owner's risk and cost and there held subject to lien for all freight and other charges. The delivering carrier may make a reasonable charge per day for the detention of any vessel or car and for use of track after the car has been held forty-eight hours for loading or unloading, and may add such charge to all other charges hereunder, and hold said property subject to a lien therefor. Property destined to or taken from a station at which there is no regularly appointed agent shall be entirely at risk of owner when

1 The portion in brackets may be omitted by any carrier.

unloaded from cars, or until loaded into cars; and when received from or delivered on private or other sidings, shall be at owner's risk until the cars are attached to, and after they are detached from, trains.

6. No carrier hereunder will carry, or be liable in any way for, any documents, specie, or for any article of extraordinary value not specifically rated in the published classifications, unless a special agreement to do so, and a stipulated value of the articles, are indorsed hereon.

7. Every party, whether principal or agent, shipping inflammable, explosive, or dangerous goods without previous full written disclosure to the carrier of their nature shall be liable for all loss or damage caused thereby, and such goods may be warehoused at owner's risk and expense or destroyed without compensation.

8. Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier issuing this bill of lading shall be void.

9. If the word "Order" is written hereon immediately before or after the name of the party to whose order the property is consigned, without any condition or limitation other than the name of a party to be notified of the arrival of the property, the surrender of this bill of lading properly indorsed shall be required before the delivery of the property at destination.1 If any other than the aforesaid form of consignment is used

herein, the said property may, at the option of the carrier, be delivered without requiring the production or surrender of this bill of lading.

10. Owner or consignee shall pay freight at the rate herein stated, and all other charges accruing on said property, before delivery, and according to weights as ascertained by any carrier hereunder; and if upon inspection it is ascertained that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped, and at the rates and under the rules provided for by published classifications.

II. If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject. to the conditions, whether printed or written, contained in this bill of lading, including the condition that no carrier or party shall be liable for any loss or damage resulting from the perils of the lakes, sea, or other waters; or from explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, machinery, or appurtenances; or from collision, stranding, or other accidents of navigation; or from the prolongation of the voyage. And any vessel carrying any or all of the property herein described shall have liberty to call at intermediate ports; to tow and be towed, and to assist vessels in distress, and to deviate for the purpose of saving life or property. [And any carrier by water, liable on account of loss of or damage to any

1 This is often printed on the face of the bill, as it is an important stipulation.

of said property, shall have the full benefit of any insurance that may

have been effected upon or on account of said property.]1

NOTE. Unless otherwise provided in the classification, property will be carried at the tariff rates, if shipped subject to the conditions of the Uniform Bill of Lading.

If the shipper elects not to accept the said tariff rates and conditions, he should so notify the agent of the receiving carrier at the time his property is offered for shipment; and if he does not give such notice, it will be understood that he desires his property carried subject to the Uniform Bill of Lading conditions in order to secure the reduced class rates thereon. Property carried not subject to the conditions of the Uniform Bill of Lading will be at the carrier's liability, limited only as provided by common law and the laws of the United States and of the several states, in so far as they apply. Property thus carried will be charged twenty per cent higher (subject to a minimum increase of one cent per hundred pounds) than if shipped subject to the conditions of the Uniform Bill of Lading, and the cost of marine insurance will be added over any part of the route that may be by water.

IV. CASES NOT STRICTLY OF BAILMENT

70. Public carriers of passengers and baggage. Public carriers of passengers are those who in the exercise of a public calling hold themselves out as ready to carry all passengers who apply. They are not, of course, bailees of the persons whom they carry, although they are bailees of a passenger's baggage delivered into their custody. Proprietors of railways, street railways, stagecoaches, steamers, ferries, omnibuses, and the like are public carriers.

1. Passengers. Passengers are those persons carried by a public carrier with his consent, except persons in his service. Persons carried gratuitously as well as persons who pay their fare are included. It is the duty of a public carrier, up to the limit of reasonable accommodations, to carry all who are orderly and who pay the reasonable charge.

2. Liability of public carrier of passengers. A public carrier does not insure the safety of passengers as he does the safety of goods, but he is bound to use the utmost skill, diligence, and caution, so far as human foresight may go, and is liable for 1 The portion in brackets may be omitted by any carrier.

slight negligence in this regard. He is liable also for any willful injury inflicted by one of his servants, and is bound to use reasonable care to protect the passenger from violence at the hands of other passengers. He may eject a passenger for refusal to pay fare or for disorderly conduct, using only as much force as is necessary for that purpose.

Whether a carrier may limit his liability to a passenger by contract, and especially the liability for the negligence of servants, is a disputed question. He may in England and in New York and some other states, but the United States Supreme Court and the courts of most states regard such contracts as against public policy, although the United States Supreme Court permits a carrier to limit its liability to a passenger carried gratuitously.

3. Baggage. A carrier is bound to transport a reasonable amount of baggage for each passenger. Baggage includes such articles of necessity or convenience as a passenger may carry for his personal use, but not articles carried as merchandise. For all baggage that is delivered into the custody of the carrier he is liable as insurer, unless the liability is limited by lawful contract. In this respect the liability is the same as that of the carrier of goods. There are therefore usually but three questions that arise in the case of the loss of baggage: (1) were the articles lost really the baggage of the passenger? (2) was the baggage actually delivered into the custody of the carrier, or did the passenger retain custody of it? (3) was there any lawful contract limiting the liability of the carrier?

Examples: 1. A traveler going to the woods for recreation carried in his trunk guns and fishing tackle and tennis rackets. The trunk was lost by the carrier. Under the circumstances these articles were held to be properly baggage.

2. A commercial traveler carried in a trunk samples of the goods he was selling. These were held not to be baggage.

3. A traveler carried in his trunk presents for friends. These were held not to be baggage.

4. A traveler carried a hand bag into the car and left it in his seat while he went to the smoking car, and it was stolen. The baggage was not in the custody of the carrier, and the latter was not liable for the loss.

71. Telegraph and telephone companies. These are not common carriers. A few jurisdictions have held them to be common carriers, but the greater number treat them as companies rendering a public service and bound to serve all persons alike and for uniform reasonable compensation. They do not insure the safety and accuracy of messages, but are bound to use reasonable care and are liable for ordinary negligence. They may become insurers by contract for added compensation.

Whether they may by contract stipulate against their own negligence is a disputed question. It is generally held that they may, but some courts regard such contracts as against public policy. Where such contracts are upheld, the telegraph companies refuse to become liable for errors in transmission unless the sender has the message repeated and pays an added compensation therefor.

Either the sender or the addressee of the message may sue in tort for damages arising from the negligence of the company, but only the sender can sue for breach of contract, because he alone has made a contract, unless, indeed, the sender was actually the agent of the addressee and made the contract in his behalf.

It is generally made a penal offense for telegraph companies or any of their employees to divulge the contents of telegrams to any one except the addressee.

REVIEW QUESTIONS AND PROBLEMS

SECTION 61. Define bailment; bailor; bailee. Is a finder of lost property a bailee? How is his duty fixed? What is the consideration for a bailee's promise? Can one who does not own property bail it to another? Distinguish bailment from sale; from barter; from a mutuum. May a bailee mix the goods with other like goods?

62. State the two classes of bailments. State the subclasses of each. What is a deposit? What is a mandate? What is a commodatum? What is a pawn? What is a hiring? State three general and two special cases of hired services about a thing. State two cases not strictly bailment but treated thereunder.