COMMON CARRIERS. Such as carry goads for hire iudifferently fur all persons.
2. The definition includes carriers by land and water. They are, on the one hand, stage coach proprietors, railway-companies, truck men, wagoners and teamsters, carmen and porters, and express companies, whether such persons undertake to carry goods from one portion of the same town to another, or through the whole extent of the country, or even from one state or kingdom to another. And, on the other hand, this term includes the owners and masters of every kind of vessel or water craft who set themselves before the public as the carriers of freight of any kind for all who choose to employ them, whether the extent of their navigation be from one continent to an other or only in the coasting trade, or whether employed in lading or unla,ding goods or in ferrying, with whatever mode of motive power they may adopt. Story, Bailm. 491 496 ; 2 Kent, Comm. 598, 599 ; Redfield, Railw. 124; 1 Salk. 249 ; 2 Ga. 348; 14 Ala. N. s. 261 ; I Bouvier, Inst. n. 1020. It has been doubted whether carmen, 8 Carr. & P. 207, and coast ers, 6 Cow. N.Y. 266, were common carriers; hut these cases stand alone, and are contra dicted by many authorities. 19 Barb. N. Y. 577; 24 id. 533; 9 Rich. Su. C. 193.
8. Common carriers are responsible for all loss or damage during transportation, from whatever cause, except the act of God or the public enemy. Angell, Carr. 70, 67; 1 Term, 27; 2 Ld. Raym. 909, 918; 1 WiIs. 281; 1 Salk. 18, and cases cited; 4 Bingh. N. c. 314; 25 Eng. L. & Eq. 595; 1 Term, 27; Story, Bailm. 490; 2 Kent, Comm. 597, 598 ; 7 Yerg. Tenn. 340; 3 Munf. Va. 239; 1 ‘Dev. & B. No. C. 273; 2 Bail. So. C. 157 ; 6 Johns. N. Y. 160; 21 Wend. N. Y. 190; 23 id. 306; 5 Strobh. So. C. 119 ; Rice, So. C. 108 ; 4 Zabr. N. J. 697 ' - 2 id. 273 ; 1 Conn. 487 ; 12 id. 410; 4 N. H. 259 ; 11 I11.579. The act of God is held to extend only to such inevitable accidents as occur without the intervention of man's agency. 1 Term, 27; 21 Wend. N.
Y. 192; 3 Esp. 127; 4 Dougl. 287.
The carrier is not responsible for losses occurring from natural causes, such as frost, fermentation, evaporation, or natural decay of perishable articles, or the natural and necessary wear in the course of transporta tion, provided the carrier exercises all reason able care to have the loss or deterioration as little as practicable. Buller, Nisi P. 69; 2 Kent, Comm. 299, 300; Story, Bailm. 492 a; 6 Watts, Penn. 424; Redfield, Railw. 141. 4. Carriers, both by land and water, when they undertake the general business of carrying every kind of goods, are bound to carry all which offer; and if they refuse, without just excuse, they are liable to an action. 2 Show. 332; 5 Term, 143 ; 4 Barnew. & AId. 32; 8 Mees. & W. Exch. 372; 1 Pick.
Mass. 50; 5 Mo. 36 ; 15 Conn. 539; 2 Sumn. C. C. 221; 6 Railw. Cas. 61. 6 Wend. N. Y. 335; 2 Star. C. C. 16; 12 Mod. 484; 4 C. B. 555 ; 6 id. 775 ; 2 Ball & B. Ch. Ir. 54; 9 Price, Exch. 408. But any common carrier, whether a natural person or corporation, may restrict his business within such Emits as he may deem expedient; and he is not bound to accept goods out of the line of his usual busi ness. 23 Vt. 186; 14 Penn. St. 48; 10 N. H. 481; 30 Miss. 231; 4 Exch. 369; 12 Mod. 484.
The carrier may require freight to be paid in advance ; but in an action for not carrying it is only necessary to allege a readiness to pay freight. 2 Show. 81; 8 Mees. & W. Exch. 372; 18 III. 488; 14 Ala. N. n. 249. It is not required to prove or allege a tender, if the carrier refuse to accept the goods for trans portation. The carrier is entitled to a Iien upon the goods for freight, 2 Ld. Raym. 752, and for advances made to other carriers. 6 Humphr. Tenn. 70; 16 Ill. 408; 18 id. 488; 16 Johns. N. Y. 356; 13 B. Monr. Ky. 243. The consignor isprimii facie liable for freight but the consignee is often also liable. Term, 659 ; 8 id. 330.
5. Common carriers may qualify their common-law responsibility by special con tract. 4 Coke, 83; Angell, Carr. _20; 1 Ventr. 238; Story, 1Bailno. 549, and note 5. So, also, by notice brought home to the know ledge of the owner of the goods and assented to by him, the carrier may qualify his respon sibility. 5 East, 507 ; 5 Bingh. 207 ; 8 Mees. & W. Exch. 243 ; 6 How. 344; 3 Me: 228. 11 id. 422; 11 N. Y. 491; 9 Watts, Penn. 87; 6 Watts & S. Penn. 495 ; 8 Penn. St. 479 ; 31 id. 209. 2 Rich. So. C. 286; 12 B. Monr. Ky. 63. 23 Vt. 186 ; 4 Harr. & J. Md. 317. But in New York the courts have dissented from this rule, or held it with such qualifications as to leave it very little force, 19 Wend. N. Y. 234; 26 id. 594; 2 Hill, N. Y. 623; 7 id. 533 ; 13 Barb. N. Y. 353 ; 14 id. 524 ; but not so as to excuse gross negligence. 8 Penn. St. 479; 23 id. 532; 31 id. 242; 9 Rich. So. C.201.
The bill of lading, or carrier's acknowledg ment of the receipt of the goods, is generally the written evidence of the contract between the parties, and is expected to contain all the exemption from general responsibility which it is competent for the carrier to claim. Parol evidence is not admissible to vary the contract of shipment thus evidenced. 4 Ohio, 334; 2 Sumn. C. C. 567 ; Angell, Carr. N 228, 229. But as between the immediate parties the bill of lading is not conclusive as to the quan tity or condition of the goods at the time of shipment, especially when there was no op portunity to inspect them. 1 Mood. & R. 186 ; 7 Ad. & E. 29; 9 B. Monr. Ky. 112.
6. Railway-companies, steamboats, and other carriers who allow express companies to carry parcels and packages on their cars, or boats, or other vehicles, are liable as common carriers to the owners of the goods for all loss or damage which occurs, without regard to the contract between them and such express carriers. 6 How. 344; 23 Vt. 186.
Railways, steamboats, packets, and other common carriers of passengers, although not liable for injuries to their passengers without their fault, are nevertheless responsible for the baggage of such passengers intrusted to their care as common carriers of goods; and such responsibility continues until the delivery of the same to the passenger or to his order. 1 C. B. 839 ; 2 Bos. & P. 416 ; 4 Bingh. 218 ; 6 Hill, N. Y. 586 ; 26 Wend. N. Y. 591; 10 N.
H. 481 ; 7 Rich. So. C. 158. Where one com pany checks baggage through a succession of lines owned by different companies,,each com pany becomes responsible for the whole route.