CHAPTER II (Continued) MODES OF Absolute oWNERSHIP (Cont.) 83. BY PARTICULAR CONTRACTS (Cont.) SUBDIVISION 4. CONTRACT FOR CARRYING 1. Carriers are private or public. 2. His responsibility when carrying for another. 5. Who are public carriers. 6. A public carrier may perform other duties. 7. He cannot refuse to carry goods without good reason. 8. The carrier must receive them in a suitable way and at proper times and places. 9. To whom he must deliver goods. 10. What is the end of a transit by a railroad. II. What must be done by a carrier when others claim the goods. 12. He has a lien on them for his compensation. 13. His liability for the loss. 14. What is meant by the act of God. 15. A carrier is liable for the acts of his agents. 16. His liability beyond his own route. 1 See Chapter III, Sec. 3, The Rights of Lienors. 483. 17. He may limit his responsibility by special agreement: a.-But not for negligence. b. Shipper must assent to the restriction. c. Does the acceptance of a shipping receipt imply assent? d. Is a stipulation fixing the amount that may be claimed in the event of loss valid? e.-Carrier may prescribe time within which notice of claims for loss must be given. 18. His liability for the baggage of passengers. 19. If placed under his care. 20. But he may limit his liability therefor. 21. Carrier's duty in carrying passengers. 22. How it differs from his duty in carrying goods. 23. Passengers cannot recover for an injury caused by carrier when negligent himself. 24. Where passengers can, and cannot, recover who stand on platform of street car. 25. A telegraph company is a common carrier. 26. How message must be sent. 27. Secrecy must be observed. 28. Must be delivered or sent beyond the line promptly. 29. Liability for failure of another line. 30. Force of conditions on a message-blank. 31. Reasonable skill must always be used in sending and delivering messages. 32. Payment for message. I. CARRIERS are divided into two classes-private and public. A private carrier is one who carries for another from time to time, but does not pursue this employ ment as a regular business. The contract between him and the shipper is governed by the ordinary rules of law. He is required to receive, care for, and carry the goods in such a manner as he has agreed to do. The bargain may be oral or in writing. He must use such care as a man of ordinary intelligence would take of his own property under similar circumstances. And for any loss or injury that occurs while the goods are in his charge, arising from a want of care or intelligence, he is responsible. It is said that slight evidence showing a want of care is sufficient to throw on him the burden of accounting for their injury or loss. 2. When goods are carried by a private carrier without any compensation, then he is considered a gratuitous bailee, and the degree of care that he must exercise is very much less. Indeed, the law requires him to exercise only slight care in carrying them. The want of such limited care would be gross negligence, for which he would be responsible. 3. Whether a private carrier has a lien, or not, for his service has not been clearly determined. An eminent authority says that he probably has one. If he incurs expense concerning the goods for sufficient reason and in good faith, he has a lien thereon for such outlay. 4. Having considered the law concerning a private carrier, the rights and duties and responsibilities of a common or public carrier will now be considered. These are very different from the rights and duties of a private carrier, and there are many reasons why they should be. 5. A common carrier, perhaps, should be more carefully defined. An eminent authority has said that one is a |