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have been accepted by the person receiving PART III. the parcel. This Act, however, does not protect any such common carrier from liability to answer for loss or injury resulting from the felonious acts of any servant in his employ, or protect the servant himself. The carrier must, if required, give a receipt for the amount paid for the carriage. But he is not concluded, as to the value of any parcel, by the value declared. (Broom Com. 794; 2 Ste. Com. 85; Chit. & Tem. on Car. 47-8, 56; Selw. N. P. 447-9.)
Carriers cannot, by a public notice, limit their liability at common law to answer for the loss of any articles other than those enumerated in the Carriers Act. (Sm. Merc. Law, 291; 2 Ste. Com. 84; Add. Torts, 310; Chit. & Tem. on Car. 60, 63, 77, 79; 1 Selw. N. P. 448.)
A carrier may, however, enter into a special contract limiting his liability, or even throwing the entire risk on the owner, notwithstanding the negligence of himself or his servants; though he may not stipulate for more than reasonable charges. (Chit. & Tem, on Car. 60, 63, 77-80; Selw. N. P. 450; Sm. Merc. Law, 293.) But railway and canal companies are liable for loss
PART III. or injury occasioned by the negligence or CAP. III. default of such companies or their servants,
notwithstanding any notice, condition, or declaration, made or given by such companies, contrary thereto, or limiting such liability. The company, however, may make such conditions as the court or judge before which any question relative thereto shall be held, shall deem just and reasonable. And the company will not be answerable in more than a certain sum for certain animals, unless notice be given that they are of higher value, and an increased sum be paid for them. And no special contract between the company and any other party shall be binding upon them, unless signed by him or by the person delivering the property. (Sm. Merc. Law, 294-5; Add. Torts, 317; Chit. & Tem. on Car. 70-2, 79.)
A carrier may enter into a special contract as to the carriage of articles of the value of upwards of 10l., at the ordinary rate, and on the terms of a limited responsibility. (Add. Torts, 314-5; Chit. & Tem. 77.)
When a common carrier receives a parcel addressed to a place beyond the limits of his customary journey, and he does not expressly limit his responsibility to his cus
tomary journey, he is responsible for whole distance, though he may have forwarded the goods by another carrier. And this rule applies to railways. (Add. Torts, 320; Chit. & Tem. on Car. 23, 88, 128.)
Every carrier of passengers for hire is Responsi answerable for the least want of forethought carriers of or care in himself or his servants and agents, and for any accident arising from the defectiveness of his conveyance or equipments, but not for unforeseen misfortunes which forethought and care could not have prevented. (Add. Torts, 238-40; Chit. & Tem. on Car. 256-8, 264-8.)
bility of rail
panies in cases of
If the driver of a railway engine drives at Responsia dangerous speed, or any accident arises way comfrom the defectiveness of the engines, car-accident. riages, rails, or works, or from negligence or unskilfulness, or the want of anything necessary for the safety of the passengers, the railway company is responsible for all damages and injuries which the passengers may sustain. (Add. Torts, 239-40; Chit. & Tem. on Car. 257.)
bility of rail
Railway companies are responsible for the Responsiconduct of their servants in regard to pas- way comsengers' luggage, and for its safe delivery into the hands of the passenger or his agent
panies for luggage.
PART III. or servant, unless they are expressly ex
CAP. III. empted by their special Acts of Parliament.
Duty of a ferryman.
Thus, the company are responsible for luggage delivered to one of their servants that it may be labelled and placed in the luggage van; and the company's responsibility will continue until the porters have placed the luggage, at the end of the journey, on the vehicles by which it is to be taken away, unless the passenger accepts a shorter delivery, or the porter was specially employed by the passenger to convey the luggage to the vehicle. (Add. Torts, 322; Broom Com. 803-4; Chit. & Tem. on Car. 287; 1 Selw. N. P. 445.)
A common ferryman is answerable for any neglect in providing proper means for the safe transit of persons and their carriages, horses, and goods. (Add. Torts, 324.) Definition of A common innkeeper is one who professes to supply lodgings and provisions for the night, for all comers who are ready to pay for it; whether his house is called an inn or a coffee-shop. But a person who professes to let private lodgings only, or to supply provisions only, is not an innkeeper. (Add. Torts, 326; 2 Selw. N. P. 1367; 2 Ste. Com. 83.)
A common innkeeper is bound to afford such accommodation as he possesses for all travellers, and for the horses and goods of all travellers, who are ready to pay the customary charges, and are not intoxicated, or guilty of impropriety of conduct, or suffering under a contagious or infectious disease; and if he does not, he is liable to an action for damages, and also to an indictment. But he is not bound to receive the goods of a person who merely desires to use the inn as a place of deposit. (Add. Torts, 325-6; 2 Ste. Com. 83.)
Duty of an innkeeper.
An innkeeper is responsible for the goods Liability of of any traveller who puts up at his inn as a guest, when they are damaged, stolen, or lost; unless he prove that the loss or damage was attributable to the guest himself, or to the act of God, or to vis major, and was not attributable to any negligence on his part. (Add. Torts, 327-32; 2 Ste. Com. 82; Broom Com. 789; 1 Sm. L. C. 106-8; Jones Bail. 94; 2 Selw. N. P. 1367.)
If a guest negligently leaves money or valuables in rooms of common resort, the innkeeper is not responsible for their safety. (Add. Torts, 331; 1 Sm. L. C. 107-8.)
If an innkeeper takes charge of goods for