ADDENDA. The following decisions were not published in season to be referred to in the body of the work. Limitation of the Liability of Common Carriers by Special Contract.] Unless a common carrier by water limits his responsibility by the terms of a bill of lading or otherwise, he cannot escape from the obligation to deliver a shipment according to its destination, unless prevented by the act of God, or the public enemy. A loss of the property by an accidental fire furnishes no sufficient excuse; although the carrier might be excused, if the non-delivery was caused by lightning. Parker v. Flagg, 13 Shepl. (Me.) R. 181. See infra, § 223, et seq., and § 157, et seq. As to the Evidence of the Contents of a Lost Trunk.] The admission of the testimony of the owner of the trunk must be limited to clothing, and personal ornaments. The plaintiff proved that he had delivered to the defendants, who were common carriers, a box to be carried to a certain place; that the box was not delivered; that he had made a demand thereof; and that the defendants admitted its loss, and then offered to show, by his own testimony, (it not appearing that he had any other means of showing it,) what was in the box, and the value of the articles. The declaration having alleged, that the box contained medical books, medicines, surgical instruments, and chemical apparatus; it was held, that the plaintiff's oath was inadmissible. Judgment was rendered for the plaintiff for one dollar, as damages, the value of the box. Pudor v. Boston and Maine Rail Road Co. 13 Shepl. (Me.) R. 458. See infra, 475-482. Carriers of Passengers. Jumping from a Rail Road Car.] In an action against a Rail Road Company, for injuries sustained in jumping from a car while moving rapidly, it is sufficient to aver, that, by and through the negligence, unskilfulness, and default of the company's servants in conducting and managing the car, and for want of due care and attention to their duty, it became and was unfit for the plaintiff to remain in the car, and his life and limbs were then and there greatly jeoparded and endangered, and in order to get out of such danger and preserve his life and limbs, he was obliged to jump from the car, whereby he was greatly hurt. It is not necessary to allege specifically the circumstances which rendered it unsafe and dangerous to remain in the car. Such circumstances and particulars are more properly evidence in support of the averment of negligence, &c., on the part of the servants of the company. Eldridge v. Long Island Rail Road Co. 1 Sandf. (N. Y.) R. 89, (Sup. Court, City of N. York.) See infra, § 547, 548. Carriers of Money without Hire.] The defendants, owners of a steam-boat, had been in the habit of carrying packages of money for the plaintiff, without hire. L. & Co. were the agents of the boat in her regular business of carrying for hire. L. was their clerk, and received packages for the boat. As the boat was leaving the wharf, the plaintiff's clerk handed to L., the clerk of L. & Co., a package, which he said he told him was money, but which L. denied. L. threw the package on the deck of the steam-boat, which the clerk of the P. swore the captain picked up. The jury found for the plaintiff; and the Court refused to set the verdict aside, holding that the delivery to L., if authorized to receive the plaintiff's packages for the boat, was enough to charge the defendants. Lloyd v. Barden, Co. Appeals S. Carolina, Jan. Term, 1849, Law Rep. for March, 1849, p. 521. As to carriers without hire, see infra, § 26, et seq. As to delivery to agents of carriers, see infra, § 135, 143, 146. Tax on Steam-Boats.] The ordinance of the city of Charleston, S. C., of 17th May, 1841, which imposes one per cent. per ton on the steam-packets of the defendants, to be paid to the harbor master, is unconstitutional, as imposing a tonnage duty, which by the Constitution of the United States, is prohibited to the States, without the consent of Congress. Alexander, Harbor Master of Charleston, v. Wilmington and Raleigh Rail Road Co., in the Co. Appeals S. Carolina, Jan. Term, 1849, Law Rep. for March, 1849, p. 523. See infra, $ 632, as to laws of New York and Massachusetts, imposing a tax upon alien passengers in ships. 8* INDEX. THE FIGURES REFER TO THE SECTIONS. ACT OF GOD, for losses by, common carriers are excused, 46, 67, 148, is accident produced alone by physical causes, 154, 168. et seq. term vis major, used in the same way in the civil law, 155. also the term casus fortuitus, 155. loss by fire, otherwise than lightning, not the act of God, 156-160. to excuse the carrier for losses by act of God, they must in no degree ACTIONS. See Declaration. of, against carriers, 418-521. against common carrier for refusing to receive and carry goods, 418. Action on the case for, 423-434. misjoinder and non-joinder of parties in, less serious than in assump- carrier's undertaking, may be set forth less formally in, than in as- declaration in, may contain a count in trover, 430-434. Action of assumpsit for loss of goods, 434. common money counts may be joined in declaring in, 435. survives to the executor, 435, 593. trover cannot be joined in declaration in, 435. |