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THE

LAW OF RAILWAYS:

EMBRACING

CORPORATIONS, EMINENT DOMAIN, CONTRACTS,

COMMON CARRIERS OF GOODS AND PAS

SENGERS, CONSTITUTIONAL LAW,

INVESTMENTS, &c., &c.

TELEGRAPH COMPANIES.

BY

ISAAC F. REDFIELD, LL. D.,

CHIEF JUSTICE OF VERMONT.

THIRD EDITION, GREATLY ENLARGED.

VOL. II.

BOSTON:

LITTLE, BROWN, AND COMPANY.

Transportation

Library

Entered according to Act of Congress, in the year 1857, by Isaac F. REDFIELD, in the Clerk's Office of the District Court of the District of Massachusetts.

Entered according to Act of Congress, in the year 1858, by ISAAC F. REDFIELD, in the Clerk's Office of the District Court of the District of Massachusetts.

Entered according to Act of Congress, in the year 1867, by Isaac F. REDFIELD, in the Clerk's Office of the District Court of the District of Massachusetts.

UNIVERSITY PRESS : Welch, BIGELOW, & Co.,

CAMBRIDGE.

SECTION III.

LIABILITY FOR PARCELS CARRIED BY EXPRESS.

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1. Carriers, who allow servants to carry parcels, are liable for the loss 11, 12

2. Importance of making railways liable for acts of agents

. 12, 13

3. Allowing perquisites to go to agents will not excuse company

13

4. Owner of parcels carried by express may look to company

13, 14

5. May sue subsequent carrier, who is in fault

14

6. European railway companies are express carriers

14, 15

7. Express companies responsible as common carriers

15

8. Such companies who carry parcels or baggage from one city to an-

other, or from one depot to another, are common carriers
9. Omnibus lines and railways common carriers ex vi termini
10, and n. Extended discussion of the principles and grounds of decision of

the cases as to the duty of express carriers

1. Epitome of the law in regard to express carriers

2. Carriers by express responsible as common carriers

3. And in addition the owners of goods have the responsibility of the

carriers employed by such express company

4. The same rule established by an early American case. Statement

of facts

17, 18

5. Statement of the points decided. Responsibility of general carriers 18

6. Contracts exonerating carrier for neglect against sound policy.

Course of decisions in America upon analogous questions

. 18

7. Finally settled that carriers may contract for exemption from that

extraordinary responsibility imposed by common law

8. It was next attempted to allow them to contract for exemption

from all responsibility. English statute. American rule much

the same

9. It is upon this ground that carriers are held responsible for parcels

carried by their servants in the due course of their business

10. The distinctive character of express carriers is, that they make

personal delivery to the consignees upon their route

19, 20

11. Stipulations in the bill of lading executed by express companies,

how far binding upon the owners of goods

12. There should be the clearest evidence of free assent, or the condi-

tions excusing the carrier from responsibility, should not be held

binding

13. How far the consignor or his agent may stipulate for the transpor-

tation

14. By the construction of the English statute, against carriers making

discrimination among their customers, it is held that they can-

not receive parcels of express companies and close their offices

against others

15. Illustration from an English case, as to what degree of evidence

will charge the owner

of goods with knowledge of conditions in-

serted in the bill of lading

16. The English rule as to responsibility of different carriers consti-

tuting a continuous line. The first carrier alone responsible

to the owner

17. The American rule allows the owner to sue any of the companies

in fault

18. Where there is no contract and no business connection extending

to the entire route, the first carrier is only responsible for his

19. Express carriers held responsible for safe transportation over

their own line, and safe delivery to next carrier

23

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