the goods in charge. This is called stoppage in transitu. If the demand be made on the principal, it must be made at such time, and under such circumstances, that he may, with reasonable diligence, prevent the delivery of the goods. After such demand or notice, if the carrier or his servant deliver the goods to the vendee or consignee, he renders himself liable.

12. The common carrier has a lien on the goods transported, for the freight or price of transportation. The lien is on the particular goods carried. Where several kinds of goods are consigned to one person, a part may be delivered, and the residue retained for the whole freight. A lien on goods and chattels, is the right of one man to retain property in his possession belonging to another, until certain claims of the party in possession are satisfied. The lien ceases, when the possession is relinquished. If the property be delivered before the payment of the freight, the delivery, if without fraud, is a release of the lien. If the carrier be induced to deliver the property to the consignee, by a false and fraudulent promise that he will pay the freight as soon as the goods are delivered, the delivery will not be a waiver of the carrier's lien; but he may disaffirm the delivery, and retake the goods. The delivery procured by fraud, is void.

13. As a general rule, where goods have been consigned to an individual, the action for the loss or injury of such goods must be commenced by the consignee. If the

such custom relieve the carrier from liability, after the delivery at a particular place? What demand may the vendor, consignor, or his agent make upon the carrier? What is this called? If the demand be made on the principal, when and how must it be made? If, after such notice and demand, the carrier deliver the goods to the vendee or consignee?

12. For what has the common carrier a lien on the goods? On what goods? When several kinds of goods are consigned to one person? What is a lien? When does the lien cease? If the property be delivered before payment of freight? If the carrier be induced to deliver the goods by a false and fraudulent promise? If the delivery be procured by fraud?

13. Where goods are consigned, in whom is the right of action, as a general rule, against the carrier? If the goods are placed at his absolute dis

goods are placed at his absolute disposal, the legal presumption is that he is the owner. There is no positive rule which determines who shall sue the common carrier, for the loss or injury to the goods. The presumption of ownership which results from an unqualified consignment, may be rebutted. The owner of the goods is to bring the action. If goods be shipped for the account and risk of the consignee, he paying the freight, and it is so expressed in the invoice and bill of lading, the delivery to the carrier is a delivery to the consignee, and he alone can bring an action against the carrier. The property, by the bill of lading, is vested in the consignee. Where a merchant orders goods to be sent by a carrier, a delivery to a carrier operates as a delivery to the purchaser. The property by delivery vests in the purchaser, and he alone can bring the action. In case the purchaser becomes insolvent, the vendor may stop the goods in transitu before they are delivered to the purchaser; and in such case, the vendor would have the right of action. against the carrier.

14. In an action against a common carrier, it is neces-. sary to show that the defendant is a common carrier; that goods were delivered to him for carriage to a specified place; that a competent time has elapsed, and they have not been delivered at their place of destination. case of a total loss, when there is no special contract, the measure of damages to be recovered is the value of the goods at their place of destination, after deducting the

In

posal, what is the legal presumption? Is there any positive presumption which determines which party shall sue the common carrier? What presumption may be rebutted? If the owner can be positively identi fied? If the goods are shipped for the account and risk of the consignee, he paying the freight, and it is so expressed in the invoice and bill of lading, what is the effect of delivery to the carrier? In whom, by the bill of lading, is the property vested? When a merchant orders goods to be sent by a carrier? Who brings the action against the carrier in this case? In case the purchaser becomes insolvent, what may the vendor do? In such case, in whom is the right of action?

14. In an action against a common carrier, what is necessary to show? In case of a total loss, what is the measure of damages? If the goods

freight. If the goods are not totally destroyed, the owner receives damages in proportion to the injury sustained. The damages are to be ascertained by reverting to the price at which goods of the same class and quality were selling in the market, at their place of destination, at the time the goods should have arrived. If a total loss, the measure of damages is such price. If a partial loss, the difference between such price and the value of the goods, in their damaged condition, is the measure of damages. The freight must be deducted in both cases.

CHAPTER LXXIV.

TRANSPORTATION OF STOCK ON RAILROADS.

1. THE transportation of horses, cattle, and other livestock over railroads, has become an important branch of business. Such business is generally carried on under a special contract, by the terms of which the railroad company furnish cars and locomotive power, and the owner accompanies the train, and takes the entire charge of the stock during the journey. In some cases, the charge is made for the use of the cars and locomotive power only, with an express stipulation that the company will not be responsible for any alleged defect in the carriage, unless complaint is made at the time, nor for any damage sustained in the journey. In such case, the railroad companies are treated as common carriers only so far as they voluntarily become such. When the owner himself, or

are only partially destroyed? How are the damages to be ascertained? If a total loss? If a partial loss? What must be deducted in both cases?

1. What has become an important branch of business? Under what contract is it generally carried on? What are the terms of the contract? For what is the charge, in some cases, made? With what express stipulation? How far, in such cases, are railroad companies treated as common carriers? When the owner accompanies his stock

his servants, accompany their stock, there is not a complete delivery of the property into the possession of the railroad company.

2. Railroads, in this country, have become common carriers of merchandise, and are subject to the provisions of the common law applicable to carriers. They must forward goods delivered to them within a reasonable time. If there is no cause for delay, the property must be sent forward immediately. They may change their common-law liability by special contract. When they receive goods under a special contract, their liabilities, with a few exceptions, will be regulated by the terms of such contract. When cattle or horses are delivered into the custody of the company, which has become a common carrier of such property, the company is answerable as a common carrier, unless it has changed its liability by a special contract. If they have made a special contract, exonerating them from all damages that may happen, they are still liable for all damages resulting to the prop erty by their neglect or misconduct. Such contract may release them from all losses incurred by running off the track, or similar accidents; but it does not release them from their own malfeasance, misfeasance, or negligence.

3. The special contract shifts the burden of proof from the company to the owner of the property, and he must prove that the loss was occasioned by the misconduct or neglect of the company. If it is shown that the company

and takes the care of it, is there a complete delivery to the possession of the company?

2. Of what have railroads, in this country, become common carriers? How soon must they forward goods delivered to them? If there is no special cause for delay? How may they change their common-law liability? When they receive goods under a special contract, by what will their liabilities be regulated? When cattle and horses are delivered to a railroad which has become a common carrier of such property, what is its liability? If they have made a special contract, exonerating them from liability for any damages that may happen, for what damages are they still liable? From what losses will such contract release them, and for what will they still be liable?

3. On whom is the burden of proof, where there is a special contract? If it be shown that the company have disobeyed instructions of the

have disobeyed the instructions of the owner, in respect to the manner of transportation, the burden of proof then. lies upon the company, to show that they have not been guilty of negligence, malfeasance, or misfeasance. The company, notwithstanding the special contract, is bound to provide suitable cars; to guard against improper hazard and injury to the property; and to obey special instructions of the owner, in reference to the manner of transportation.

CHAPTER LXXV.

COMMON CARRIERS OF PASSENGERS.

1. A COMMON carrier of passengers is one who holds himself out to the public as ready to receive and carry on his route, for hire, all persons who apply for a passage. He assumes the character by entering upon the business. He enters into an engagement with the public, and is bound to serve all who require his services. The owners of stage-coaches and steamboats, and railroad companies, who hold themselves out as common carriers of passengers, are bound to receive all who require a passage, so long as they have room, if there is no legal excuse for a refusal. The right of passengers is not an unlimited right. It is subject to such regulations as the proprietors may prescribe for the due accommodation of passengers, and for the proper arrangement of their business. The proprietors may consult and provide for their own interest,

owner in respect to the manner of transportation? What is the company bound to do, notwithstanding their special contract?

1. Who are common carriers of passengers? How does he assume the character? With whom does he enter into an engagement? What are the owners of stage coaches, steamboats, and railroad companies, who hold themselves out as common carriers, bound to do? Is the right of the passenger an unlimited right? To what is it subject? What may the proprietors consult and provide for? If passengers refuse to