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Carrier

carriers, responsibility and common

CARRIER, a person, corporation, or vehicle regularly employed in carrying goods, messages, or other articles. Two kinds of carriers are recognized by the law, namely, private carriers and com mon carriers. Private carriers are per sons who, although they do not undertake to transport the goods of all who may choose to employ them, yet agree to carry the goods of some particular person for hire, from one place to another. In such case the carrier incurs no responsibility beyond that of any other bailee for hire, that is to say, the responsibility of ordi nary diligence.

Common carriers are persons or com panies who undertake for hire to carry goods for the general public from one place to another. A common carrier is bound to provide safe and suitable con veyances, with proper care and manage ment, failing in which he is not exempt from responsibility, though a providen tial interference (snow, ice, fire, etc.) be the immediate occasion of loss. Carriers are responsible for all losses, except by providential calamity, act of an enemy in time of war, and fault of the shipper.

Carriers may limit their responsibility by special contract, but they cannot free themselves from it wholly, nor escape the duty of ordinary care. If a sender mis represent the character or value of the goods sent, the carrier is not liable if the goods be stolen. But the sender need not disclose the contents of his package un less asked. Common carriers are respon sible for the acts of all their agents. Carriers must deliver goods in as good order as when received. • They may re fuse to take goods not prepared properly for shipment. They may demand pre payment of freight. If payable at the end of the route, they may hold the goods until payment is made. Baggage may be retained for unpaid fare.

Bills of lading, shipment slips, receipts, etc., usually specify all the conditions on which goods are carried, but the law does not sustain all the announcements thus made. See RAILWAYS.