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 companics 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 com plete 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.

in managing their business. They are not bound to carry passengers who refuse to obey their reasonable regulations. They are not bound to carry those who are guilty of gross and vulgar habits of conduct, or who disturb the other passengers, or whose character is dissolute or suspicious. They are not bound to carry passengers whose object is to interfere with the interests or patronage of the proprietors, so as to make their business less lucrative. They are not bound to receive into their conveyance persons who are intoxicated, or who would disturb the peace of the company.

2. The passenger has a right to the presumption that he is engaged in his lawful calling, and he cannot be subjected to an inquisition into his private affairs. Before he can be rejected, there must appear against him some good and valid reason for his exclusion. The reason must be sufficient to deprive him of the right which he holds in common with all other men. If a person violate the reasonable rules of a railroad company, he may be excluded from the depot. In order to secure the quiet and safety of travellers, the proprietors of stages, steamboats, railroads, and hotels are invested with the right of preserving peace and order in the conveyances and grounds used by them in the transaction of their business. This right may be enforced by the exercise of a reasonable and proper authority, reposed in them by law.

3. The common carrier of passengers, like the common carrier of goods, has a right to demand payment of fare

obey their reasonable regulations? If they are guilty of gross and vulgar habits of conduct? If they disturb the other passengers? If their character is dissolute or suspicious? If the passenger's object is to interfere with the patronage of the carrier? If the applicant be intoxicated, or would disturb the peace of the passengers?

2. To what presumption has the passenger a right? To what can he not be subjected? Before he can be rejected, what must appear against him? For what must the reason be sufficient? If a person violate the reasonable rules of the company? In order to secure the quiet and safety of travellers, with what right are the proprietors of stage-coaches, steamboats, and railroads invested? How may this right be enforced? 3. When may the carrier of passengers demand his fare? If the pas senger, at the time of engaging his passage, pay his whole fare, and he is

in advance, as a condition precedent to receiving any person as a passenger. If at the time of engaging his seat in the stage-coach, the passenger pays his fare for the entire journey, the proprietor cannot dispose of his seat to another, even if he is not present when the stage starts. for the passenger may take his seat at any stage of the journey he thinks proper. But if he paid only a part of his fare, and is not ready at the time the stage starts, the proprietor may fill his place. The passenger's fare covers and includes a compensation for the conveyance of the baggage. Under the term baggage is included the ordinary wearing-apparel usually carried by travellers. It does not include merchandise, nor a larger sum of money than is necessary for his journey. It may include articles of ornament and use, such as a watch; and articles of amusement, such as a gun or fishing-tackle.

4. A check is affixed to each parcel of baggage delivered to a railroad corporation for transportation, and a duplicate thereof delivered to the owner. If upon producing the check at the place of destination, the baggage is not delivered to the passenger, he may maintain an action against the company for such baggage, and may be a witness in his own behalf to prove the contents and value of the baggage. When a passenger refuses to pay his fare, it is lawful for the conductor to put him and his baggage out of the cars, using no unnecessary force, at any usual stopping-place, or near any dwelling-house, on stopping the train.

5. A ticket is usually delivered to passengers on pay

not ready to leave when the stage starts, can his seat be filled by another? If the passenger pay only a part of the fare? What does the passenger's fare cover and include? What is included in the term baggage? Does it include merchandise? What sum of money does it include? What articles of ornament? What articles of amusement?

4. What is affixed to each parcel of baggage delivered to railroad corporations for transportation? What is delivered to the owner of the baggage? If upon presenting the check at the place of destination the baggage is not delivered? For what purpose may he be a witness in his own behalf? If a passenger refuse to pay his fare, what may the conductor do? At what place?