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ARTICLE II.

CARRIAGE FOR REWARD.

SECTION 1093. General duties of carrier.

1094. Vehicles.

1095. Not to overload his vehicles.

1096. Treatment of passengers.

1097. Rate of speed and delays.

duties of

S1093. A carrier of persons for reward must use General the utmost care and diligence for their safe carriage, carrier. must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.

Ang. on Carr., §§ 521-523, 534-539; Edgerton v. N. Y.
& Harlem R. R., 35 Barb., 193; Bowen v. N. Y. Cen-
tral R. R., 18 N. Y., 408.

S1094. A carrier of persons for reward is bound Vehicles. to provide vehicles safe and fit for the purposes to which they are put, and is not excused for default in this respect by any degree of care.

Alden v. New York Central R. R. Co., 26 N. Y., 102; see
Hegeman v. Western R. R., 13 id., 9; Sharp v. Grey,
9 Bing., 457; but see Ingalls v. Bills, 9 Metc., 1.

S1095. A carrier of persons for reward must not Not to over. overcrowd or overload his vehicle.

Angell on Carr., § 528; Derwort v. Loomer, 21 Conn., 245.

load his vehicles.

of passen

gers.

S1096. A carrier of persons for reward must give Treatment to passengers all such accommodations as are usual and reasonable,' must treat them with civility, and give them a reasonable degree of attention.3

1 Story on Bailm., § 597; Ang. on Carr., § 533.

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speed and

S1097. A carrier of persons for reward must travel Rate of at a reasonable rate of speed, and without any un- delays. reasonable delay, or deviation from his proper route.

CHAPTER III.

CARRIAGE OF PROPERTY.

ARTICLE I. General definitions.

II. Obligations of the carrier.

III. Bill of lading.

IV. Freightage.

V. General average.

ARTICLE I.

Freight consignor,

&c., what.

GENERAL DEFINITIONS.

SECTION 1098. Freight, consignor, &c., what.

S 1098. Property carried is called freight, the reward, if any, to be paid for its carriage is called freightage,' the person who delivers the freight to the carrier is called the consignor, and the person to whom it is to be delivered is called the consignee.

1 See note to section 1449.

ARTICLE II.

Care and

diligence

carriers.

OBLIGATIONS OF THE CARRIER.

SECTION 1099. Care and diligence required of carriers.

1100. Carrier to obey directions.

1101. Conflict of orders.

1102. Stowage, deviation &c.

1103. Delivery of freight.

1104. Place of delivery.

1105. Obligations of carrier when freight is not delivered to

consignee.

1106. How carrier may terminate his liability.

1107. When consignee cannot be found.

S1099. A carrier of property for reward must use

required of at least ordinary care and diligence in the performance of all his duties. A carrier without reward must use at least slight care and diligence.

obey direc

tions.

$1100. A carrier must comply with the directions Carrier to of the consignor or consignee, to the same extent that an employee is bound to comply with those of his employer.

Johnson v. Hudson River R. R., 31 Barb., 196; Ackley
v. Kellogg, 8 Cow., 223.

of order

S1101. When the directions of a consignor and Conflict consignee are conflicting, the carrier must comply with those of the consignor in respect to all matters except the delivery of the freight, as to which he must comply with the directions of the consignee,1 unless the consignor has specially forbidden the carrier to receive orders from the consignee inconsistent with his own.2

1 Bartlett v. London and N. W. Railway Co., 7 H. & N.,

400; Sweet v. Barney, 23 N. Y., 335. See Tooker v. Gormer, 2 Hilt., 71.

deviation,

S1102. A marine carrier must not stow freight Stowage, upon deck during the voyage, except where it is usual &c. to do so, nor make any improper deviation from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight.

Code de Commerce, art. 229.

freight.

S 1103. A carrier of property must deliver it to the Delivery of consignee, at the place to which it is addressed, in the manner usual at that place.

delivery.

S 1104. If there is no usage to the contrary at the Place of place of delivery, freight must be delivered as follows:

1. If carried upon a railway owned or managed by the carrier, it may be delivered at the station nearest the place to which it is addressed ;1

2. If carried by sea from a foreign country, it may be delivered at the wharf where the ship moors, within a reasonable distance from the place of address; or, if there is no wharf, on board a lighter alongside the ship; or,

of carrier

when

freight is

ed to con

3

3. In other cases, it must be delivered to the consignee or his agent, personally, if either can, with reasonable diligence, be found.

1

Norway Plains Co. v. Boston & Me. R. R. Co., 1 Gray, 263; see Smith v. Nashua, &c., R. R. Co., 7 Fost. [N. H.], 86.

2 See Rowland v. Miln, 2 Hilt., 150; Hyde v. Trent, &c.,
Nav. Co., 5 T. R., 389; Dixon v. Dunham, 14 I., 324;
Crawford v. Clark, 15 id., 361; Cope v. Cordova, 1
Rawle, 203. The carrier is not bound to take the
goods to the wharf actually nearest the consignee
(Chickering v. Fowler, 4 Pick., 371).

See Haslam v. Adams Express Co., 6 Bosw., 235;
Ostrander v. Brown, 15 Johns., 39; Hemphill v.
Chenie, 6 Watts & S., 62.

Obligations S1105. If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he not deliver must give notice to the consignee of its arrival, and keep the same in safety, upon his responsibility as a carrier, until the consignee has had a reasonable time to remove it.

signee.

How carrier
may termi-
Date his
Hability.

When con

ignee cannot be found.

Price v. Powell, 3 N. Y., 322; Bourne v. Gatliffe, 3 M. & G., 643; 7 id., 850; 11 Cl. & Fin., 45; Kohn v. Packard, 3 La., 224.

§ 1106. If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled his obligation to deliver, or duly offered to fulfill the same, the carrier may exonerate himself from further liability by placing the freight in a suitable warehouse,' on storage, and giving notice thereof to the consignee."

A carrier is not forced to keep goous which the consignee refuses or neglects to take. But he must do some act clearly indicating the termination of his relation as carrier. If he keeps the goods on his vehicle, he cannot claim to do so as a warehouseman (Goold v. Chapin, 20 N. Y., 259).

Notice must be given (see Rowland v. Miln, 2 Hüt,

150).

S1107. If a consignee of freight cannot with reasonable diligence, be found, the carrier may place

it in a suitable warehouse for his account, but must give notice thereof to the consignor.

Fisk v. Newton, 1 Denio, 45; approved, Rowland v. Miln,

2 Hilt., 150; see Goold ". Chapin, 20 N. Y., 259.

ARTICLE III.

BILL OF LADING.

SECTION 1108. Bill of lading, what.

1109, 1110. Bill of lading negotiable.

1111. Effect of bill of lading on rights, &c., of carrier.

1112. Bills of lading to be given to consignor.

1113. Carrier exonerated by delivery according to bill of lading.
1114. Carrier may demand surrender of bill of lading before de-

livery.

lading,

what.

S1108. A bill of lading is an instrument in writ- Bill of ing, signed by a carrier or his agent, describing the freight so as to identify it, stating the name of the consignor, the terms of the contract for carriage, and agreeing or directing that the freight be delivered to the order or assigns of a specified person at a specified place.

Holbrook v. Vose, 6 Bosw., 76, 109.

S1109. All the title to the freight which the first holder of a bill of lading had when he received it, passes to every subsequent indorsee thereof in good faith and for value, in the ordinary course of business, with like effect and in like manner as in the case of a bill of exchange.

This provision is conformable to the general intention of
merchants, and it is not certain that it is not the law
of this stato (see Dows v. Greene, 24 N. Y., 638;
Dows v., Rush, 28 Barb., 185: but compare Dows v.
Perrin, 16 N. Y., 332). A provision, somewhat similar,
has been enacted in England (18 & 19 Vict., c. 111);
and in this state (Laws 1859, ch. 353).

Bill of

lading

negotiable,

S 1110. When a bill of lading is made to "bearer," Id. or in equivalent terms, a simple transfer thereof by delivery conveys the same title as an indorsement.

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