WAREHOUSEMAN), and where goods are received by persons as •hartingers, or warehouser., or forwarders, and not as carriers, liability is in curred by them only for ordinary negligence. The responsibility of the carrier terminates in most jurisdictions when, after the arrival of the goods at their destination, a reasonable time has elapsed for the consignee to receive them in busi ness hours. This rule, however, is subject to modification in several jurisdictions. Thus, in the State of :Massachusetts the carrier's liability terminates as soon as the goods are stored by the carrier in good safety. while in the State of New York his liability does not terminate until reasonable time after notice of arrival is given to the consignee, or reasonable efforts have been made to give such notice. After that the carrier may store them, and is responsible only for ordinary care. Generally speaking, the agents of corporations which are common carriers, such as railway and steamboat companies, bind their principals to the full extent of the business in trusted to their control, whether they follow their instructions or not nor will it excuse the company to show that the agents acted willfully in disregard of instructions. The carrier has an insurable interest in the goods both in regard to tire and marine disaster, except such as results from the act of God or the public enemy. He is bound only to carry and deliver goods with reasonable dispatch, but, if a particular time is agreed upon for the delivery of goods, damages incurred through exceeding that time may lie re covered.
Carriers of PURSell gees are not held responsible as insurers of the safety of their passengers. It is eommonly said that they are held to the high est degree of watchfulness and care in the conduct of their business. By this it is not in tended that the carrier of passengers should ex ercise all the care and diligence of which the human mind can conceive, but rather a care and diligence commensurate with the extraordinary duty of care for life and limb whieh lie assumes as carrier, or that he should exercise the highest degree of care which a prudent man engaged in that business would exercise. An unexplained accident to the conveyance of the carrier, result ing in injury to the passenger, is iwinta facie evi dence of negligence on the part of the carrier or his servants and throws upon the carrier the burden of .showing that lie has exercised the care required by law. Passenger-carriers are not re sponsible for injuries caused by the contributory negligence of the passenger, but this rule does not apply when the passenger's negligent act was induced by any just sense of peril soused by the improper or negligent conduct of the carrier.
Carriers of passengers are absolutely responsi ble for the baggage of passengers intrusted to them, as carriers of goods; and they are bound to exercise due care with reference to packages car ried by the passenger into the conveyance of the carrier. Carriers of passengers are bound to re ceive passengers and to make every reasonable effort. to carry them the whole route for which they stipulate, and according to the public no tices and general customs of their 'business, but they are not bound to carry persons disorderly in conduct or those having contagious diseases, or those who are otherwise offensive or dangerous to their fellow passengers. The passenger must com ply with all reasonable rules or regulations of the carrier with regard to purchasing, showing, and giving till tickets, and in respect to trains, use of cars, etc. Upon 16; failing to do this the car rier may refuse to accept hint as a passenger or eject him from his conveyance. It is limier this rule that the carrier is enabled to exclude mer chandise and articles known as 'express matter' front its passenger-cars.
The carrier is bound to carry the passenger to his destination with reasonable dispatch, and at a reasonable time according to the published schedule. and is liable to pay damages for his failure to do so. The passenger ticket, like the bill of lading, is both a receipt and a contract. and unless limited by the terms it is freely assign able. As in the case of the carrier of goods, the carrier of passengers may regulate or limit his liability as carrier by notice c.r stipulation printed on the ticket and ;lethally or construe tively assented to by the passenger. As in the case of carriers of goods also, it is the general rule that the carrier cannot thus exempt himself from liability for his own negligence or that of his servants.
Carriers of passengers by water are generally subject to strict statutory provisions regulating the number of passengers, the amount of pro visions, the navigating of the ship, pilotage, etc.
IlmmoGa.tenY. Consult the authorities re ferred to render CONTRACT; BAILMENT; TORT; NEGLIGENCE, ete, Also Hutchinson. Treatise on tie law of Carriers. 2d ed. (Chicago, 1S91) ; S•houler, Baiharnis and Carriers; Italy, call gener of I al yomll Duties, Carriers of Freight (Rochester, Is95 ) ; id., Vcyfigener of I in posed Dal irs, Carriers of Passrngers Itoeh est er. t-1931 Carver. Treatise on the 1.1111' B11(16119 to thr Carriage of Goods by (tiro (3(1 (41., London. 19001 : Fetter, The Lary of Carriers of Possco gcrR (Saint Paul, 1897),