A TREATISE ON THE LAW OF CARRIERS AS ADMINISTERED IN THE COURTS OF THE UNITED BY ROBERT HUTCHINSON THIRD EDITION BY J. SCOTT MATTHEWS AND WILLIAM F. DICKINSON MEMBERS OF THE CHICAGO BAR VOLUME I CHICAGO CALLAGHAN AND COMPANY 1906 Entered according to Act of Congress, in the year 1879, by CALLAGHAN AND COMPANY, In the office of the Librarian of Congress, at Washington. Entered according to Act of Congress, in the year 1891, by CALLAGHAN AND COMPANY, In the office of the Librarian of Congress, at Washington. Entered according to Act of Congress, in the year 1906, by CALLAGHAN AND COMPANY, In the office of the Librarian of Congress, at Washington 323028 PUBLISHERS' NOTE TO FIRST EDITION. IN 1875 it came to our knowledge that the author of this volume had been giving great attention to the subject of "Carriers," and had prepared considerable material for a treatise. We felt confident that the legal profession were even then ready to greet a new work on this subject, and that Mr. HUTCHINSON was, by reason of his large acquaintance with the subject and his extended studies, well fitted to respond to the evident want of the profession. But to our request to complete his labors, Mr. HUTCHINSON was unable to accede, owing to a press of professional duties requiring all his attention. In 1877, however, the proposition being renewed, he consented to prepare the manuscript, and thereafter labored unceasingly till the last line of the text was written. A few days after he announced to us the completion of the last chapter, and of his intention to forward it to the printers, we received the melancholy news of his death from yellow fever, near Memphis. A considerable portion of the work had been stereotyped, all of the text was written, but neither the analysis of contents, the table of cases, nor the index, was constructed, and it was necessary that the main body of the text be read, that the citations be corrected in proof, and that the last chapter be revised. This necessary work, the Hon. JAMES O. PIERCE, Judge of the Fifteenth Circuit of Tennessee, and the Hon. IRVING HALSEY, late Judge of the Second Circuit in Shelby county, Tennessee, very kindly and generously volunteered to do, in behalf of the children of the author, and these gentlemen have spared neither care nor labor in supplementing the work of the author, and superintending the passage of the book through the press. So conscientious and accurate will their work be found, that we believe few books have been issued of late years containing less occasion than this for subsequent correction or alteration. CALLAGHAN & CO. CHICAGO, Oct. 8, 1879. EDITOR'S NOTE TO SECOND EDITION. THE undertaking of the editor of the second edition has been to revise the text where it needed revision, to add such new matter as seemed germane to the subject, and to bring the citation of cases down to its publication. In pursuance of this undertaking, many additions have been made to the text, either by way of new sections or the expansion of old ones, and it is believed that all cases of importance decided by the English and American courts during the twelve years prior to the publication of the second edition have been cited. In addition to these, many earlier cases have also been added. The index has been extended, and, it is hoped, thereby improved. The amount of new matter added exceeds one-half, and the number of cases cited has been more than doubled. In order to preserve the benefit of the frequent citations of the work in judicial opinions, the section numbers and the arrangement of the book have remained unchanged. New sections have been designated by the preceding section number with a letter. added. New matter in the original sections has not been distinguished from the old. In adding new matter to the text, the endeavor has been made to follow, as far as possible, the excellent method pursued by the author himself. |