cannot exercise the right of eminent domain as has been previously stated. There are also "industry tracks" leading to warehouses or factories, commonly connected with public railroads under some special contract as to construction, maintenance, and operation. The users of these facilities have substantially the same rights with the railroad, as a common carrier, as others who use the ordinary facilities of the railroad such as the freight house at the station for loading or unloading.

Carrier's Lien. While a common carrier may refuse to convey unless the lawful charges are first paid, he may, and very commonly does, carry goods looking to the goods themselves for payment, holding a lien upon them until the charges are paid. If, however, in some way the goods are consigned without the consent of the owner by some wrongdoer who has no title to the goods, the lien will not hold against the true owner. The owner was not at fault; the carrier was negligent to the extent that he might have demanded payment in advance; the owner's right is clearly superior either at law or in good morals. The carrier is not restricted to his lien (that is to the goods) for payment; he may retain the goods and sue for the charges as his remedy. Where prepayment is required the shipper is entitled to a receipt. The carrier is entitled, in addition to other charges, to demurrage charges for delay in unloading, to cover use of cars and track. Whether the carrier's lien covers demurrage charges seems to be unsettled.

Connecting Lines. For the through carriage of freight over connecting lines, the initial carrier, by the weight of authority in the United States, acts as the agent of the other lines; the final carrier acts as the collecting agent for the freight charges, and holds a lien upon the goods for the full charges. Whether the local agent has authority to contract for carriage beyond his own line seems not to be completely established. Practice and custom sometimes serve to solve the question. Usually in the absence of an agreement the carrier is not obliged to pay accrued charges and collect at the end, but for goods accepted for delivery C.O.D., the carrier has agreed to collect such charges. Custom, well established, may serve to fix the legal status between carriers.

Responsibility of Carrier of Freight. The common carrier is responsible for the safe and prompt conduct of goods put in his hands as a carrier of freight. In the days of transportation by wagon, the teamster was the only party at hand in position to resist highwaymen attempting to steal the goods; the law therefore held him (or his principal) responsible; otherwise he might be in league with the robbers. The law was a good one and there has not been sufficient reason to change it.

Extent of Responsibility. The common carrier is responsible for all damage from any cause whatsoever; barring only from the "act of God,"

(which means inevitable accident) or from the public enemy, or from the negligence of the shipper. The act of God is a force, superior to all human agency, whose occurrence could not have been forestalled by any reasonable human foresight and action. A cloudburst or excessive flood is the act of God, but not a somewhat unusual freshet. The line of cleavage is sometimes difficult to fix. Fire, unless from lightning, is held to proceed in some way from human agency, and for this the carrier is responsible. The public enemy is some body or some nation at war with the government. Rioters do not constitute a public enemy however powerful they may be, unless definitely in revolt in an attack upon the government. Resistance to the authorities in an attack upon individuals does not constitute a mob the public enemy.

Acceptance of Goods. The liability of the carrier begins with the acceptance of the goods, and when the owner or his agent, the drayman, relinquishes control to the agents or appropriate servants of the carrier, delivery is accomplished. In some cases the shipper is required to load, and here if the railroad fails to provide cars, goods in the warehouse are then at the carrier's risk. In other cases, it will depend upon agreement or equivalent custom, whether the railroad holds goods as warehouseman or carrier. The warehouseman is not an insurer as the carrier is, and is liable only for negligence.

Bill of Lading. On delivery the shipper is entitled to a bill of lading which is both a receipt and evidence of the contract to carry. It is generally on printed forms. It is also a symbol of title, and without its presentation the carrier may refuse to deliver goods at the point of destination in order to secure delivery to the proper person. The bill of lading is assignable, but is not properly a negotiable instrument. As has been stated elsewhere, a draft is often attached by the seller or shipper, so that the consignee can acquire the bill of lading only by paying or accepting the draft as may be required. What is called a "straight " bill of lading is sometimes sent directly to the consignee, is used when the consignee's credit is good, and its presentation is often waived.

Special Cars. The carrier is not under obligation to carry goods of an unusual character, or requiring a special kind of car, such as a refrigerator car or oil tank car. He may not, however, discriminate by giving such service to one shipper and refusing it to another. His duty as a common carrier forbids this.

Negligence of Carrier or Shipper. In the carriage of freight it matters not whether the carrier was negligent. If, however, any damage or loss which has occurred can be directly traced to negligence of the shipper, from faulty packing of the goods, or similar carelessness, or from the dangerous character of the goods, neither of which the carrier would detect

in the ordinary prudent course of business, the carrier is not responsible, but the burden of proof rests with the carrier in this case.

Responsibility of Connecting Lines. In the case of through freight over several lines, according to the weight of authority in the United States, each line is responsible for safe carriage over its own lines. The initial line in contracting for the entire carriage does so in part as agent for the other lines and does not assume responsibility for damage or loss beyond its own line.

Time of Delivery. In the absence of a special agreement to the contrary the carrier is responsible for delivery of the goods at their destination within a reasonable time, according to the usual course of business, with all convenient dispatch; in ordinary local freight, this does not mean great dispatch; reloading at connecting points often involves considerable delay "in the ordinary course of business." For unreasonable delay the carrier is liable. In case the consignee refuses to receive the goods, the carrier, as agent of the consignor must protect the latter's interest by prudent action, perhaps by notice to the consignor, or by sale of perishable goods, or such other action as circumstances shall dictate. If goods are held by consignee's order, and deterioration or other damage results, the consignee and not the carrier is responsible. The evidence necessary to protect the carrier should be in available shape. If the delay is due to the act of God or of the public enemy the carrier is not liable.

Place of Delivery. Ordinarily the depot or warehouse of the carrier will be the place of delivery; the side track for unloading may be the proper place for some commodities. Custom as to warehouse or side track controls. It is not customary in this country to deliver to the consignee's warehouse as it is in England. The law varies in different States as to whether the liability of the carrier ceases when the goods are placed on the platform or in the warehouse at the place of destination, or whether notice and reasonable opportunity to remove are essential to terminate the railroad's duty as carrier and substitute that as warehouseman. A further question may arise whether opportunity to remove includes opportunity for inspection. Usage and custom may determine this.

Limitation of Liability. By express agreement the carrier may limit. his liability as insurer, for instance against fire. The carrier sometimes stipulates and contracts with the shipper that the latter shall insure the goods, and the consideration may be a reduction in rates. Such an agreement is good against fire occurring from causes outside the negligence of the carrier's servants, but not when arising from such negligence, it is against public policy as contained in the duty of the carrier to the public. The shipper is bound by the terms of his bill of lading and should read it. The carrier, however, may not have the right to impose terms and may

be compelled to accept goods for carriage under the law of the common carrier.

Injuries to Passengers. The responsibility of common carriers in carrying passengers is not the same as in the case of freight. A passenger has some capacity to care for himself. The law, therefore, is that the carrier is responsible to passengers only for injuries due to the negligence, unskilfulness, or fault of the carrier or its servants; the mere occurrence of an accident is not sufficient. A passenger may be ejected for nonpayment of fare or for other proper cause, but unnecessary force or roughness must not be used. Whether a passenger may rightfully resist under circumstances other than of danger to himself is not altogether settled. In some States the railroad has a statutory remedy against a passenger for non-payment of fare.

Who are Passengers. Not only the ordinary traveler, but mail agents, postal clerks, and express messengers are, under the law, classed as passengers. A railroad employee may or may not be a passenger, dependent upon whether he is on his way to work or not. A person who has bought a ticket and is in a proper place preparatory to entering a train is a passenger. The relation of passenger ends when the traveler, after alighting, has passed beyond the company's property, or reasonably ought to have done so. A loiterer is not a passenger.

Contributory Negligence. The proof of negligence is not always simple, and the question of contributory negligence on the part of the passenger complicates the situation. In some States the absence of contributory negligence must be proved. The proof necessary to satisfy a jury is likely to be less where the defendant is a great railroad, than where he is an individual, and this statement is not intended as a slur at the jury system. For securing justice, there is, however, a counterbalance in the financial ability of the corporation, and the entire lack of it in the case of probably most passengers injured and some necessity on their part to share any award with their attorney. In case of the death of a passenger from accident, recovery is limited in many States, $5000 being a not uncommon figure, with an added amount if death was not instantaneous and there was conscious suffering.

Limitation of Responsibility. The attempt is made sometimes to limit and define the responsibility of the carrier in case of accident; this may appear on passes issued perhaps to members of the family of an employee, or to some State official required to use or to inspect the railroad; sometimes a ticket specifies exemption on account of a reduced rate. In many States any agreement signed to release the carrier is void, as against public policy, and the carrier is at least held responsible for gross negligence on its part.

Baggage. The railroad may, and commonly does, prescribe the amount of baggage which may be carried free by a passenger who has bought his ticket, and 150 lbs. is a common amount. The railroad further often prescribes that baggage of a value more than $100 will be carried at the owner's risk. In the absence of specific legislation, such a provision is invalid. The traveler may lawfully carry only the personal baggage necessary in making the trip, and ordinarily limited to wearing apparel, and this will vary considerably between the wife of a millionaire and the wife of a day laborer. A mechanic may carry his kit of tools. A salesman may not, however, carry a trunkful of samples. The baggage check operates as a receipt and is in many respects the equivalent of the bill of lading for freight. The passenger must accompany his baggage.

Interstate Rule for Baggage. A recent United States law as to interstate carriage of baggage, provides for a statement by the passenger, or his agent, as to the value of baggage carried, and a provision for excess payment for values greater than $100 per passenger. Such a law is not yet common for carriage within a State, but the railroad has a right to stipulate against liability above a certain amount unless extra payment is made.

Negligence as to Premises. The buildings, structures, platforms, approaches, and all property available to the public must be suitably arranged and kept safe, suitably lighted, and in proper order and repair, not only for the use of passengers, but for their friends who come to meet them or see them off, and also for the general public who have business of any kind with the railroad justifying use of the railroad facilities. This is true particularly in and around stations. Reasonable facilities must be provided for boarding and alighting from trains.

Fires. What is the responsibility of railroads for fires produced by sparks from the locomotive? The railroad is a recognized and a legal means for carrying on business. Under the Common Law, if operated with reasonable care, it is not responsible for unfortunate results, and may not always be liable for such fires. Unless by specific statute, the fact that a spark from the locomotive caused a fire is not conclusive against the railroad; there must have been negligence. If the careful use of well-approved modern apparatus, such as spark arrestors, would prevent such a result, it may be made to appear that there was negligence if this was not used. Statute Law in many States now provides either that the railroad shall be liable, or that the burden of proof as to negligence shall be on the railroad. The laws of some States specify that the occurrence of a fire from a spark from the locomotive is prima facie evidence of negligence. The railroad has an obligation to keep its right of way in condition not to spread fire to adjoining lands, and in some States railroads are required to