in addition, the carrier is, except as noted, liable as an insurer of the goods.

294. Definition. A common carrier is one who makes a business of carrying for the general public goods from one place to another for compensation. Or he is "one who undertakes, for hire or reward, to transport the goods of such as choose to employ him, from place to place."

295. Private Carrier. By referring to the definition of common carrier three determining elements will be found, and if one of these requirements is absent, the person is a private carrier. A private carrier is generally one who carries for a limited number of persons, not for the general public for hire. A learned jurist says, "The distinction between a common carrier and a private or special carrier is that the former holds himself out in common, that is, to all persons who choose to employ him as ready to carry for hire, while the latter agrees, in some special case, with some private individual, to carry for hire."

296. Common Carriers. All business enterprises that include the three necessary elements just named are common carriers. Illustrations are, railroads, steam boat lines, express companies, truckmen, cartmen, and ferry boats.

1. Rights and Liabilities. A common carrier is a carrier for the general public. He is legally obligated to do this, and on a basis of reasonable equality. However, a common carrier may limit the line of goods that he carries, as a carrier of cattle or of grain, and he may refuse to carry all other goods. He may select his mode of carriage and refuse to change. He is not obliged to accept goods after his conveyances are full. A few states, however, have laws compelling common carriers to provide reasonable facilities. A common carrier is not obliged to receive dangerous or suspicious goods, and he has a right to know what he is carrying. He is obliged to give reasonable heed to general instructions such as, "Handle with care, glass," or "This side up," etc. He need not receive goods unless the shipper is the owner or has authority to ship.

2. Compensation. The carrier works for hire, and three ways are given him to enforce his rights: First, to demand the payment of the charges in advance; second, to receive the goods. and deliver them at point of destination and then enforce his contract; or, third, he may exercise the right of lien which, in its nature, is a possessory right. His lien also covers charges advanced to other carriers. The right to hold includes the right to sell for charges after a reasonable time. The charges must be reasonable; the carrier is not obliged to accept ruinously low rates, nor is he allowed to exact exorbitant rates. The rate may be fixed by statutory enactment, but must be reasonable. The compensation is "on that amount only which is put on board, carried throughout the whole voyage, and delivered at the end to the merchant." The contract to carry is made with the consignor, but, prima facie, the consignee is the owner. If the goods are accepted, the law presumes ownership, and therefore the liability to pay the charge. The bill of lading, which is a shipping contract, usually states that the goods are to be delivered to a certain party who is to pay charges. Both the consignor and the consignee may be liable, but there can be only one satisfaction of the claim.

3. Liabilities. In order to show the liability of the carrier, and the reason therefor, the following quotation is given: "When goods are delivered to a carrier, they are usually no longer under the eye of the owner. If they should be lost or injured by the gross negligence of the carrier or his servants, or stolen by them, the owner would be unable to prove either cause of the loss. His witnesses must be the carrier's servants, and they, knowing that they could not be contradicted, would excuse their master and themselves. To give due security to property, the law has added to that responsibility of a carrier which immediately arises out of his contract to carry for a reward, the responsibility of an insurer. From his liability as an insurer, the carrier is only to be relieved by two things, both so well-known to all the country, when they happen, that no person would be so rash as to attempt to prove that they had happened when they had not, namely, the "act of God and the king's enemies." To this must be added the

loss of goods that are destroyed by their own inherent defect, as the loss of fruit by decay although properly shipped; also, any act on the part of the bailor inconsistent with the rights of the bailee will release the latter. A loss through an "Act of God" is one brought about without any intervention of human agency. If human means are connected with the loss, the carrier is liable. The "public enemy” means a regularly organized military force engaged in war, not a mob.

4. Special Contracts. The severity of the law has induced the common carrier to resort to expedients to reduce or lessen his liability by entering into special contracts with the shipper. He is allowed to make a special contract lessening his liability with the shipper, but this must not excuse him or his agents from losses occasioned by carelessness or negligence. He is allowed to contract specially limiting his liability as to amount. All special contracts must be reasonable and fair, no fraud being used to obtain them.

297. Bill of Lading. A bill of lading is a contract given to the shipper by the carrier which is both a receipt for the goods and a contract of carriage. As a receipt it may be opposed by parol evidence, but not as a contract. If a special agreement is entered into by the parties, it is customary to include it in the bill of lading. The nature of a bill of lading has been fully discussed in negotiable paper. (See page 197).

298. C. O. D. Shipments. When goods are received for carriage "c. o. d.," the contract of the carrier is not only for the carriage of the goods, but to collect charges according to instructions from the consignee. These instructions may give the consignee an opportunity to inspect the goods and a reasonable time in which to pay the charges must be given. When a tender of the goods is made and refused the liability of the carrier changes from that of an insurer to that of a warehouseman.

299. Termination of Risk. The risk begins when the goods have been accepted or impliedly delivered to the carrier; it ends when the carrier delivers the goods to a connecting line

or at destination to consignee. As to whether the first carrier is liable for loss or not depends entirely upon the contract. Was the contract to deliver at the point of destination or to a connecting carrier? Some statutory enactments have made the receiving line liable for the loss rather than the connecting line.

300. Carriers of Passengers. A common carrier of passengers is one who undertakes for hire to carry all persons who may apply for passage. A passenger is one who, not being in the service of the carrier, is entitled to travel in a conveyance for the public, under a contract with the carrier, and who is within the carrier's charge under such contract.

The carrier may refuse to carry one who refuses to pay fare or purchase a ticket. He may refuse to carry those who do not present themselves at the regular stations and at proper times, also those who are dangerous in their character, condition, or health. He may also refuse to carry when he has insufficient room, or where his vehicles are not adapted to the carriage of persons. The carrier of passengers is not liable as an insurer, but he must furnish safe vehicles supplied with reasonably safe and convenient appliances, and is bound to see that his roadway and receiving and landing places are maintained in safe condition. He is required to exercise a very high degree of care and skill in carrying out the contract of carriage. He is liable for negligence in cases where the law imposes a duty upon him or in breach of his contract of carriage.

The passenger must present himself at the proper time and place, and in proper condition. He must purchase a ticket as required or pay fare in cash, and must comply with all reasonable regulations of the carrier for the safety of passengers and operation of the conveyance. If injured or killed through the negligence of the carriers, the passenger, or his personal representatives, may recover damages; but if negligence on his part contributes to the injury or death, damages are not recoverable. The passenger is entitled to take with him a reasonable amount of personal effects which are necessary for his use, convenience

or amusement during the journey. These constitute his baggage, and of these the carrier is also an insurer.

301. The Interstate Commerce Commission is a nonjudicial administrative commission that is entitled to sue and be sued in its own name. It was created by an act of Congress for the purpose of minimizing the evils consequent to natural monopoly of common carriers and unfair discrimination relating to shipping in various localities. It is modeled after English legislation.

A common carrier is liable as an insurer of the goods carried. He is one who makes a business of carrying goods for the general public for compensation.

A private carrier is one who carries for a limited number of persons only.

Railroads, express companies, street car companies, bus and hack lines, and ferries are all common carriers either of goods or passengers, or of both. A common carrier must carry for all alike and on a basis of rates without discrimination. He may, however, select the mode of carriage, and the line of goods he will carry. He has a right to know what he is carrying and need not accept dangerous goods.

The carrier may enforce his rights by exacting payment in advance of service, by performing the contract of carriage and then collecting his hire, and by exercising his right of lien by retention of the goods and selling the same for his charges after a reasonable time. Rates must be reasonable.

The shipping contract is called a bill of lading, and is a receipt as well as a contract.

The carrier's liability as an insurer arises on grounds of public policy from the fact that the goods are entirely out of the sight and control of the owner, and are within the complete control of the carrier and his servants. This extraordinary liability is, as a general rule, excused only by the act of God, by the act of the public enemy, or by the act of the bailor. The act of God means a force not set in motion by human agency. The public enemy is a regularly organized military force engaged in war. The carrier may specially contract to limit his liability, but can not contract against the result of negligence.

A common carrier of persons is one who undertakes to carry all persons who apply for passage.