THE FIRST ALL STEEL TRAIN

"Pennsylvania Special" 18 hours between New York and Chicago TRANSPORTATION

Liability of Railroad and Express Companies

The Business of Transportation, especially of goods and merchandise, and the laws which regulate the same are of great importance, and should be thoroughly understood by every one.

Carriers.-Those who transport goods for others are called carriers, and since all the business is done under contract such contracts are very numerous.

Common Carriers.-A common carrier is one whose business is the carrying of goods or persons from place to place for a consideration, either by land or water.

The most common ones are the railroad, steamboat, steamship, and express companies, but truckmen, teamsters, expressmen, and others who offer their carrying services to the public generally are also common carriers.

Common Carriers of Goods

Two Elements are Necessary to constitute one a common carrier, (1) his following it as a business, and (2) his offering his services to the public generally. Those who work only for a particular person are not common but private carriers.

Obligation to Take.-A common carrier is obliged by law to take any goods that are offered to him for transportation to any point on his route, provided his usual compensation is offered him in advance.

In case the carrier's cars are full he may refuse to take more; he may also refuse to carry freight of a dangerous character, such as explosives.

Compensation.-Carriers may establish such rates or make such contracts as they choose. Large corporations usually have established schedules of rates. They can change these from time to time, but they must accept the goods of all persons at those rates. They cannot demand more from one person than from another, but must treat all alike.

Discrimination Unlawful.—The carrier must not make unjust discrimination as to prices of carriage. Before the passage of the Inter-State Commerce law, systematic discrimination in their charges was practiced by some of the railroad companies in the United States. Great corporations were given low rates for their vast shipments, while the small shipper was crushed by much higher charges for transportation. Unjust discriminations were also made between different towns and localities. The Inter-State Commerce law renders such discriminations unlawful.

Compensation.-Common carriers may demand their pay in advance, yet they often transport the goods and collect the freight from the person receiving the same.

In case the person to whom the goods are sent refuses to pay the charges the carrier must collect from the sender, for it was with him the contract was made and he alone can be sued. The other party made no contract with the carrier, hence cannot be sued. But if the sender is acting as the agent of the person to whom they are to be sent the company may sue the latter, for in that case the contract was made with him.

Diligence and Dispatch -A common carrier is bound to carry the goods with reasonable diligence and dispatch, and safely deliver them to the person to whom they are consigned, without any loss or injury, except such as may be occasioned by the act of God, the public enemy, or the fault or fraud of the owner. When Liable beyond His Own Route.-If a carrier receives goods for transportation and agrees to deliver them beyond the terminus of his own route he renders himself responsible for the whole route. He may by special contract limit his liability to his own route, and absolve himself by safe delivery to the next connecting carrier.

Carrier's Lien.-Common carriers have another way to obtain their pay. Common carriers may keep the goods they have transported until their charges are paid.

Thus, there are three ways in which a carrier may enforce payment of his freight, viz..

1. He may refuse to take the goods unless payment is made in advance.

2. He may transport them and then keep them until paid

3. He may transport and deliver them and then sue the person with whom he made his contract.

Loss or Injury.-Common carriers are responsible for any loss or injury occurring to goods which they are transporting. Any damages that have occurred to the goods while in possession of the carrier must be made good. He has complete control over the goods as if they were his own, and if while in his possession they suffer injury it is his loss.

The carrier is not liable for the "act of God," such as cyclones, floods, lightning, a public enemy as in war, or (in shipping) for perils of the sea. But fire, unless caused by lightning, does not come under this head. Robbery or theft does not relieve them from liability.

Any damages that have occurred to the goods while in possession of the carrier must be made good if it occurred through the carelessness of any of the employees.

Perishable Goods.-Carriers are not responsible for loss to fruits that decay in their possession, or goods shipped in defective boxes or carelessly packed, such as glassware, crockery or other articles that are easily broken.

If a package is of great value, such as money, the common carrier must be informed of it.

Collecting Damages.-In case of damage to goods the railroad or express company should be duly notified and the amount of damages stated or sworn to before a proper officer and with sufficient evidence, if required.

A common carrier must pay the market value at the point of destination of all property lost or destroyed by his fault while in his care for transportation.

Receipt. In shipping goods by freight or express a receipt or bill of lading should always be taken and carefully preserved.

Bills of Lading.-The bill of lading is the carrier's acknowledgment of the receipt of goods, and is evidence of contract between the parties, and is supposed to contain all the carrier's claim for non-liability. Three copies of the bill are made out; one is kept by the shipper, another by the party transporting the goods, and the third is sent to the person to whom the goods are consigned. Bills of Lading are transferable and assignable, and the assignee may sue for the recovery of the goods.

Form of Bill of Lading.

New York, December 10, 1911.

Shipped in good order, and well conditioned, by James C. Hanton.

on board the ship Goodspeed.......

Marked as follows:

Sylvester Clyde,

Rio Janeiro.

whereof Chas. Bollman.

is master, now lying in the port of
New York....
.and bound for

the port of Rio Janeiro

500 barrels of flour, being marked and numbered as in the margin, and are to be delivered in the like order and condition at the port of Rio Janeiro.... (the dangers of sea only excepted) unto Sylvester Clyde..

or his assigns, he or they paying freight for the said cases, with ten cents primage and average accustomed.

In witness whereof I have affirmed to three bills of lading, all, of this tenor and date; one of which being accomplished the others to stand void. HENRY R. SANDFORD.

(In the above form, Hanton is the shipper or consignor, Clyde the consignee, and Sandford the carrier. It might be signed bv the master (Bollman) instead of by Sandford.)

Common Carriers of Persons

A common carrier of persons is one who holds himself out to carry for hire from place to place all such persons as choose to employ him. Railroads, steamboats, street car, omnibus and stage line companies are the most common.

His Duty. He must carry all persons who may present themselves for carriage, provided they are in a proper condition and offer their fare. He is bound to provide suitable and proper means of conveying, with suitable attention.

His Liability. He is bound to use the highest degree of care and diligence in the conduct of his business and is responsible for negligence of any kind. He is bound to protect the passengers against insult or injury from his servants or employees. He must give passengers reasonable time to get off and on the carriage and suitable means of doing so.

Baggage.-Passenger carriers are responsible for the baggage of their patrons. If the servants of the carrier are allowed to carry parcels, the carrier will be responsible for their safe delivery, although the carrier derives no benefit therefrom.

A Baggage Check is evidence of the liability of the company issuing it.

Baggage does not include merchandise, or money, except an amount reasonable for expenses.

If a carrier sells a person a ticket to a point beyond the terminus of his own route, and especially if he also checks the baggage to such a point, he is responsible for the safety of the baggage to that point.

ACKNOWLEDGMENTS

An Acknowledgment is a declaration, before an authorized officer, of a party who has executed a deed or other document, that it is his free and voluntary act.

What Instruments Must be Acknowledged.-All deeds and conveyances of land, to be effectual as to third parties, must be recorded upon previous proof or acknowledgment of their execution. In some of the States, chattel mortgages must be acknowledged and recorded the same as deeds.

Before Whom Taken.-Within the several States acknowledgments may be taken in general before the following officers: Notaries Public and Justices of the Peace generally within their territorial jurisdiction, and in any place of the State usually before Judges and Clerks of the Supreme, Circuit, Probate, and County Courts, Judges of the United States Courts, Chancellors, Registers, Masters in Chancery, and Court Commissioners. County Recorders, Town Clerks and their assistants, United States Commissioners, County Surveyors, County Auditors, Registers of Deeds, Mayors, and Clerks of incorporated cities may take acknowledgments within their jurisdiction; besides the foregoing, in several States also the deputies of the enumer. ated officers, and in Connecticut, Commissioners of the School Fund; in Louisiana, Parish Recorders and their deputies; in Maine, women appointed by the Governor for that purpose; in Michigan, members of the Legislature; in Mississippi, members of County Board of Supervisors; in Nebraska, the Secretary of State; in New York, Recorders of cities and Commissioners of Deeds; in Pennsylvania, Mayors, Recorders, and Aldermen of Philadelphia, Pittsburg, Allegheny, and Carbondale; in Rhode Island, State Senators; in Vermont, Registers of Probate; in West Virginia, Prothonotaries, in Wisconsin, Police Justices.

Without the State and within the United States, the following officers are authorized to take acknowledgment: Judges and Clerks of Courts of Record, Notaries Public, Commissioners appointed for that purpose by the Governors, and officers authorized to take acknowledgments within their respective States.