James Schouler.

A treatise on the law of bailments, including carriers, inn-keepers and pledge online

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1\



Library of Wm.H.Schroeder

Date "-nim^Y ^.^"^^
Remarks . . ^L^vS




UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



A TREATISE



LAW OF BAILMENTS,



INCLUDING



CAEEIERS, INNKEEPERS AND PLEDGE.



BY

JAMES SCHOULER, LL.D.,

PROFESSOR IN THE BOSTON UNIVERSITY LAW SCHOOL,

AND AUTHOR OF TREATISES ON THE " LAW OF THE DOMESTIC RELATIONS,
"wills," "personal PROPERTY," AND "EXECUTORS."



THIRD EDITION.



BOSTON:
LITTLE, BROWN, AND COMPANY.

1897.






Copyright, 1880,
By James Schouler.



Copyright, 1887,
By James Schouler.



Copjjright, 1897,
By James Schouler.



Typography by J. S. Gushing & Co., Norwood, Mass.



NOTE TO THIRD EDITION.



In preparing this edition the author has made due reference
to the latest decisions, English and American, and has per-
sonally revised this whole volume, with competent assistance
in the more mechanical details. A chapter under the law of
Carriers has been added upon the new topic of the Inter-
State Commerce Act of Congress ; which, with other matter,
actually increases the book about one-tenth beyond the pre-
ceding edition ; but by the adoption of a laj-ger-sized page,
the printers have made the actual bulk appear somewhat less
than before.

J. S.

August 3, 1897.



735S74



PREFACE.



A TEXT-BOOK on Bailments may be thought a fitting sup-
plement to my work on Personal Property. When the
second volume of that work appeared I was urged to prepare
such a text-book by some whose judgment appeared worthy of
great confidence ; and earliest among these was my honored
friend, John William Wallace, Esq., of Philadelphia, who
inherits, with scholarly tastes of a high order, a peculiar
aptitude for studies in this department of jurisprudence, and
from whose critical suggestions I have especially profited.
But, thinking the profession well enough satisfied witli the
earlier Avorks of Angell and Mr. Justice Story, I passed the
subject from my thoughts ; and this volume would not have
been written had not the publishers of those works and my
own informed me, many months later, that they intended
issuing a new text-book on Bailments which should give par-
ticular prominence to the modern law of Carriers, and that
I had the first opportunity of becoming its author. Upon
this unexpected invitation I undertook in good faith a task
whose results, after the lapse of two years, are now before
the reader.

Without forcing comparisons, I may be permitted to re-
mind my professional brethren that, while tlie primitive
writer has the advantage of legal princi})les in tlieir sim-
plicity, one w^ho presents the law in its mature state draws
from far more copious sources, and may picture our juris-
prudence more faithfully and as men of the day wish to
see it, confused as many of its features may appear.



Vi PREFACE.

The aim of this treatise is to supply both students and
practitioners with a fresh and exhaustive exposition of legal
principles, whose influence far transcends the limits placed
by our jurists fifty years ago ; and, by treating the whole
subject from a modern standpoint, and newly classified, to
make it better understood, and give each special branch its
due consideration. Nor have important doctrines been dis-
cussed without the effort to present something like an his-
torical sketch of their development in England and America.
One may be a useful torch-bearer if he does no more than
light up new paths ; and, so far as I am aware, there is no
writer now living who has already laid before the public,
or promised, a full treatise upon Bailments or any one of
its subordinate topics.

JAMES SCHOULER.

Boston, Jan. 1, 1880.



TABLE OF CONTENTS.



PART I.

BAILMENTS IX GENERAL.

Page

§ 1. Nature of Bailment ; its Special oi* Temporary Character . . 1

§ 2. Bailment defined 2

§ 3. Who may be Bailors and Bailees ; Constructive Bailees, etc. . 4

§ 4. The Same Subject ; Public Officers, etc 6

§ 5. The Same Subject; Creditor by way of Pledge 6

§ 6. But Delivery back or over is intended; Mutuum no Bailment 6

§ 7. Bailment and Sale further distinguished 8

§ 8. The Same Subject; Grain Elevators 9

§ 9. Bailment relates to Personal Property ; whether a Branch of

Contract Law 10

§ 10. History of Bailment Jurisprudence ; Coggs v. Bernard, etc. . 11

§11. The Same Subject; Sir "William Jones ; Judge Story ... 12

§12. The Same Subject ; Final Comments 13

§ 13. Bailment Classification as formerly made 14

§ 14. Bailment Classification preferable according to Recompense . 15

§15. Standard of Care and Diligence, etc., in Bailments .... 17

§10. The Same Subject ; Other Tests attempted 19

§ 17. Honesty and Good Faith required of Bailees; Criminal

Accountability 22

§ 18. Tortious Possessor liable absolutely 23

§ 19. Agents or Servants in a Bailment 24

§ 20. Effect of Special Contract 24

§21. Other Cardinal IMaxims stated; Bailment and Contract for

Bailment; Compound Bailments 26

§ 22. The Same Subject; whether Bailor is Owner; Title of Bailee . 26

§ 23. Burden of Proof in Suits against the Bailee 27

vii



Viil TABLE OF CONTENTS.



PART II.

BAILMENTS FOR THE BAILOR'S SOLE BENEFIT; OR,
WITHOUT BENEFIT TO THE BAILEE.

GRATUITOUS SERVICE ABOUT A CHATTEL.

Page

§ 21. Classification of this Chapter 32

§ 25. INIatters Preliminary ; Nature of Undertaking 32

§ 26. Division of Depositum and Mandatum inapt 33

§ 27. Fundamental Rules applied where Bailment is founded in

Contract 35

§28. Bailments not strictly ujjon Contract; Finding; Attaching;

Stakeholding, etc 36

§ 29. Test of Recompense or No Recompense 38

§ 30. Servants or Agents in Such Bailments ; Bank Officers, etc. . 39

§31. Subject-matter of Bailment ; Personal Property 42

§ 32. Delivery or Holding Possession an Essential 43

§ 33. The Same Subject ; Privity between the Parties 44

§ 34. Whether Mere Contract for Bailment is Actionable .... 44
§ 35. Accomplishment of Bailment Pur2:>ose ; Standard of Care and

Diligence 46

§ 36. The Same Subject; Same Diligence as to One's Own con-
sidered 48

§ 37. The Same Subject ; Circumstances, etc., should be considered 50

§38. The Same Subject ; whether Skilful Performance is required. 51

§ 39. Honesty and Good Faith reijuisite 51

§ 40. Liability of Bailee illustrated 52

§ 41. Non-Liability of Bailee illustrated 53

§§ 42-44. Illustrations of Special Deposit in Banks 55, 57

§ 45. Other Illustrations ; Finding, Attaching, Constructive Cus-
tody, etc 59

§ 46. Liability as concerns Skilled Performance 59

§ 47. Inevitable accident, etc., excuses 60

§ 48. Liability for Contents of Closed Receptacle 61

§ 49. General Conclusion as to Bailee's Liability 61

§ 50. Practice in Such Suits 62

§ 51. Special Contract may modify ; Public Policy, etc 63

§ 52. Other Mutual Duties and Rights ; whether to use or mis-
appropriate 65

§ 53. Right to incur Expense, make Sub-contracts, etc 66

§ 54. Rights and Duties as to Third Persons ; Special Property,

Suits, etc 67



TABLE OF CONTENTS. IX

Papo

§§55,56. Termination of the Bailment; how brought about . . 09,70

§ 57. Redelivery or Delivery over ; in what Condition 71

§58. Redelivery or Delivery over; to whom; Stakeholder, etc.;

Misdelivery 72

§ 59. The Same Subject ; Bailor's Agent, Successor, etc 73

§ 60. Delivery over where Adverse Claims of Title are made ... 73

§ 01. Effect of Death upon the Bailment 75

§ 02. Where the Bailment is Joint or Common 76

§ 63. Place of Delivery back or over 77

§ 64. Duty of rendering an Account 77



PAET TIL

BAILMENTS FOR THE BAILEE'S SOLE BENEFIT.

GRATUITOUS LOAN FOR USE.

§ 65. Introductory ; Loan for Use defined 79

§ 66. The Same Subject; Commodatum and Mutuum . . . . . 79

§ 67. Heads of the Present Chapter stated 80

§ 08. Matters Preliminary ; Mutuality, etc 81

§ 69. Subject-matter of Loan ; Things Non-consumable, etc. ... 81

§ 70. Period of Loan; Definite or Indefinite 82

§ 71. Bailment and Contract for Bailment compared 82

§ 72. Accomplishment of Bailment Purpose ; Great Diligence

required 83

§ 73. Good Faith requisite; no Misuse, Sale, Pledge, Deviation, etc. 83

§ 74. What is Excusable Loss or Injury 84

§ 75. More Diligence than to One's Own no Test 86

§ 76. Loss or Injury occasioned by Third Persons 88

§ 77. Bailment affected by Special Contract 88

§ 78. Borrower's Right to Use ; Incidental Expenses, etc 89

§ 79. Lender's corresponding Duties 90

§ 80. Rights of Action against Third Parties 90

§ 81. Bailment, how and when terminated 91

§ 82. Borrower's Duty to deliver back or over 92

§ 83. Whether Borrower may detain for Expenses 93

§ 84. Intervention of Lender does not release Borrower from

LiabUity 94



X TABLE OF CONTENTS.

PART lY.

»

ORDINARY BAILMENTS FOR MUTUAL BENEFIT.
CHAPTER I.

BAILMENTS FOR HIRE IN GENERAL.

Page

§ 85. Bailments Gratuitous and for Hire compared 95

§86. Hiring and Letting; the Roman Locatio-Conductio . ... 96

§ 87. Classification of Ordinary Bailments for Hire 97

§ 88. Essentials of Bailment Contract for Hire 98

§ 89. Essential of Chattel as Subject-matter 98

§ 90. Essential of Recompense 98

§ 91. . Essential of Mutual Assent to a Specific Accomplishment . 99

§ 92. The Same Subject; Competent Parties; a Lawful Purpose . 100

§ 93. Contract for Hire compared with Contract of Sale . . . 101

§ 94. Contract for Hire distinguished from Bailment 101

CHAPTER II.

HIRED SERVICES ABOUT A CHATTEL.

§ 95. Classification of the Present Chapter 103

§ 96. Matters Preliminary ; Vocations for Hire 103

§ 97. Vocation is of Secondary Consequence lOi

§ 98. Whether Bailment is for Hire or Gratuitous; Change from

One Class to the Other 104

§ 99. Doctrine of Accession; Repairs by Workman, etc. . . . 105

§ 100. Delivery and Acceptance considered 106

§101.- Accomplishment of the Bailment Purpose; Standard of

Care and Diligence 106

§ 102. Elements which qualify One's Liability in Such Cases . . 109

§ 103. Ordinary Care and Diligence illustrated 110

§§ 104, 105. Element of Skill considered ; Hired Work upon a

Thing 112, 113

§ 106. Special Contract Terms and Usage should be considered . 114

§ 107. Honesty and Good Faith requisite 115

§ 108. Rule of Agency applied 116

§ 109. Liability of Bailee to Third Persons 117

§ 110. Right of Hired Bailee to Undisturbed Possession .... 117
§§111-113. Right of Compensation considered . . . .117,120,121



TABLE OF CONTENTS. xi

Taco

§ 11-1. IIow Expenses shall be liorne li'l

§ 115. Hired Bailee may sue Third Parties for Dispossession,

Injury, etc 122

§ 116. Whether Hired Bailee should insure 123

§117. Termination of Bailment; Redelivery or Delivery over . . 124

§118. Delivery to Paramount Owner ; Adverse Claim.s, etc. . . 126

§ 119. Delivery over, on a Change of Owners 127

§ 120. Remedy against Bailee who is remiss in Delivering . . . 128

§121. Successive Bailment Duties considered 129

§ 122. Right of Lien to secure Recompense 129

§123. IIow Lien is lost or secured 132

§ 121. Right to sue for Recompense, apart from Lieu 133

§125. Bailee how put in Default ; Demand, Tender, etc 133

§126. Means of enforcing Lien 13-1

§ 127. Priority among Liens, etc 135

§ 128. General Right of Recompense 136



CHAPTER III.

HIRED USE OF A CHATTEL.

§ 129. Classification of the Present Chapter 137

§130. Matters Preliminary; Nature of Hired Use; Gratuitous

Loan compared 137

§ 131. Right to Use, how understood and limited 138

§ 132. Contract for Bailment and Bailment compared .... 139

§133. Accomplishment of Bailment Purpose ; Hirer's Duties . . 140

§134. Measure of Care and Diligence ; "Ordinary" 140

§ 135. The Same Subject ; Instances where the Hirer is excused,

etc 140

§ 136. Law of Other Countries compared 141

§ 137. Rule illustrated ; Instance of Hired Horse 141

§138. Elements affecting such Issues ; Nature of Thing; Charac-
ter of Hirer, etc 143

§§139-141. Where the Hirer transcends the Bailment . 143,145,147

§ 142. Hirer's Misappropriation of the Thing 148

§ 143. Illegal Use; Disregard of Sunday Laws, etc 149

§144. Remedies for Loss or Damage ; Proof, etc 150

§§ 145, 146. Bailee's Responsibility for his Sub-Users, etc. . . 151, 152

§147. The Same Subject ; Driving by a Hirer's Servant . . . 154

§148. Liability of Joint Hirers, etc 156

§ 140. Hirer's Liability as to Tiiird Persons 156

§ 150. Hirer's Rights against his Letter; Right to use, etc. . . . 156



xii TABLE OF CONTENTS.

Page

§ 151. Whether the Letter warrants the Enjoyment, etc. . . . 157

§ 152. How Expenses shall be borne 158

§ 153. Letter responsible for Letting injuriously 159

§ 154. Right of Action and Damages as against the Public . . . 160

§155. Special Contract may affect the Hire ; Insui-ance, etc. . . 161

§ 156. Bailment how terminated 162

§ 157. The Same Subject; how Hirer or Letter is put in Default 163

§ 158. Hirer's Duty to restore and make Recompense .... 163

§ 159. Duty to restore or deliver over considered 163

§§ 160, 161. Duty of Final Recompense considered .... 165, 166



CHAPTER IV.

PLEDGE OR PAWN.

§ 162. Nature of Pledge or Pawn as a Bailment 167

§ 163. Historical Development of the Transaction 167

§16-4. " Collateral Security " in this Connection 168

§165. Use of Words "Pledgor" and "Pledgee" 170

§166. Roman " Pignus " and " Hypotheca " compared .... 170
i§ 167, 168. Pledge distinguished from Chattel Mortgage . . 170, 173
§ 169. Transfer apparently Absolute shown to be intended for

Security 174

§ 170. Classification of the Present Chapter 175

§171. The Pledge Contract, and its Essentials 176

§§ 172, 173. First Essential ; Subject-Matter of Pledge . . . 176, 178

§ 174. Pledge of Thing which has ceased to exist 178

§ 175. Pledge of Thing not yet in Existence 179

§ 176. Natural Increase as accessory to the Pledge 181

§ 177. Things whose Pledge is forbidden, etc 181

§ 178. Second Essential ; Debt or Engagement 182

§ 179. Third Essential; Mutual Assent as to Particular Subject-

Matter, Debt, etc 184

§180. The Same Subject; Illegal Pledge Contracts 185

§§ 181, 182. The Same Subject ; where Pledgor is not Owner . 185, 188

§ 183. Power of Executors, Guardians, etc., to pledge .... 189

§ 184. Pledge by Factor, Broker, etc 190

§ 184 a. Conclusion as to Pledge by one not the Owner .... 191

§ 185. Power of Life Owner, etc., to pledge 192

§ 186. Whether Corporation or Partnership may pledge .... 192

§ 187. What Security the Pledge is given for 193

§ 188. Delivery in Pledge ; Effect of Contract without Delivery . 194

§189. What constitutes Delivery ; Actual or Constructive . . . 194



TABLE OF CONTENTS. xiii

Viigo

§ 190. Delivery, as to Bills of Lading, Warehouse Receipts, etc. . 195

§ 191. Where Pledgee is already in Tcssession 197

§ 192. Delivery by Means of Agents 197

§ 193. AVhether Pledgor may hold as Pledgee's Agent .... 198
§§ 194, 19.5. Element of Notice to Another considered . . . 199,201

§ 196. Other Formalities of Registry, etc 201

§ 197. Indorsement, Assignment, etc., in Delivery 202

§ 198. ^liscellaneous Points in Delivery 203

§ 199. General Conclusions as to Delivery in Pledge 203

§ 200. Bailment in Pledge pending Full Performance .... 205
§§ 201-203. Duty of Pledgee to keep Possession . . . 205, 200, 208
§§ 204, 205. Measure of Care and Diligence as Bailee . . . 209, 211
§§206-208. Rule applied where more than Custody is expected;

CoUection, etc 211,213,214

§209. Pledgee's Jimploymeut of Agents ; Pledgor's Agency . . 215

§ 210. Good Faith must be exercised 215

§211. Pledgee's Rights ; Right to use the Pledge considered . . 216

§ 212. Pledgee should account for Profitable Use 218

§213. Antichresis; or keeping down Interest by Profits . . . 219
§ 214. Right to hold Pledge and Increments for Security . . . 219

§ 215. Rule as to incurring Charges, etc 219

§ 216. Whether Pledgee of Stock can vote 220

§ 217. Pledgee's Right to Undisturbed Possession, etc 221

§ 217 a. Subordination of Pledge Lien 221

§§218,219. Right of Pledgee to assign; Effect of Sub-Pledge,

etc 221,222

§ 220. Pledgor's Right to assign, etc., subject to the Pledge . . . 224

§ 221. Whether Goods in Pledge can be attached, etc 225

§ 222. Pledgor's Bankruptcy, Insolvency, or Death 225

§ 223. Pledgor's Right to sue Third Persons 226

§ 224. Warranty of Title under a Pledge 226

§ 225. Effect of Special Contract upon Pledge Transaction . . . 227

§ 226. Effect of Bailment on Pledgor's Default, etc 228

§ 227. Pledgee's Remedies on Default ; Judicial or Non-Judicial

Sale 228

§ 228. Requirements of the Non-Judicial Sale 229

§ 229. Sale should lie on Due Notice, Demand, etc 229

§§ 230, 231. Method of Conducting the Sale 230, 231

§ 232. Effect of Pledgor's Waiver of Defects ; Ratification, etc. . 232

§233. Peculiar Pledge Sales; Stocks on Margin 233

§ 234. Sale of Pledged Stock 234

§ 235. Enforcement of Mortgage Security 235

§§ 236-238. Enforcement of Negotiable Securities by Collection,

etc 236, 238, 239



xiv TABLE OF CONTENTS.

Page
§ 239. Enforcement of Debts, Claims, Insurance Policy, etc., as

Security 240

§ 210. Every Security to be enforced according to its Nature and

the Mutual Intent 240

§ 241. Rules of Priority; Application of Proceeds, etc 241

§ 242. Various Securities; how applied 242

§ 243. Right of Third Party who discharges to the Securities . . 243
§§ 244, 245. Pledgee not bound to sell on Default .... 244, 245
§§ 246, 247. Pledgee may sue the Pledgor on Default . . . 246, 247
§ 248. Remedies on Default regulated by Statute or Special Con-
tract 248

§ 249. Oppressive Stipulations violate Public Policy 249

§§ 250, 251. Pledgor's Right of Redemption 250, 252

§ 252. Pledgor's General Right to Pledge on Fulfilment of Secured

Undertaking 253

§ 253. The Same Subject; Tender of what was due, etc 253

§ 253 a. Obligations of Pledgor and Pledgee Concurrent and Re-
ciprocal 255

§§ 254, 255. The Same Subject ; Suit for Repossession . . 255, 256

§ 256. What the Pledge protects ; Expenses, etc 257

§ 257. Rule as to Future Advances, etc 257

§ 258. Equitable Remedies on a Pledgor's Behalf 258

§§259-262. What is to be restored; Mutual Adjustment when

Bailment ends 2.59, 260, 261

§ 263. Extinguishment of Pledge ; Satisfaction, Renewal, etc. . . 261
§ 264. General Conclusion as to Pledge ; Equity Principles . . . 262



PAKT Y.

EXCEPTIONAL BAILMENTS FOR MUTUAL BENEFIT.

POSTMASTERS AND INNKEEPERS.

CHAPTER I.

POSTMASTERS.

§ 265. Exceptional Bailments in General ; the Public Vocation for

a Recompense 264

§ 266. Postmasters, Innkeepers, and Common Carriers to be con-
sidered in Order 265



TABLE OF CONTENTS. XV

Pago

§ '2G6 a. Elements of a Public Vocation exercised by I'rivate Per-
sons 2G5

§ 207. Postmasters ; Nature and Origin of Mail Transportation . 2G0

§ 2G8. History of Mail Transportation 2G7

§ 2G9. Theoretical Bailment Kespousibility of Government . . . 269

§ 270. Postmasters, ^lail Contractors, etc., as Public Servants . . 270

§271. The Same Subject ; how far liable 271

§272. Local Letter-Carriers; wliat is " Mail" 27^5

§ 272 n. Telegraph and Telephone Business 273



CHAPTER II.

INNKEEPERS.

§ 273. The Innkeeper as a Bailee 276

§ 274. Nature and Origin of this Exceptional Liability .... 276

§ 275. Preliminary Points to be considered 279

§ 27G. "Who are Innkeepers; Circumstances considered .... 279

§ 277. The Same Subject ; Tavern, Hotel, Restaurant, etc. ... 281

§ 278. The Same Subject ; Apartment-houses, Boarding-houses, etc. 283

§ 279. The Same Subject; General Conclusion 284

§ 280. Who are Guests ; Circumstances considered 285

§ 281. The Same Subject; Transients, Boarders, etc., distinguished 286

§282. The Same Subject; General Conclusion 287

§ 283. What Property is embraced under the Exceptional Bailment 288

§ 281. The Same Subject ; Rigor mitigated by Modern Legislation 289

§ 285. Limits of Relation ; Inn Precincts, etc 290

§ 286. Innkeeper's Common-Law Responsibility for Personal Prop-
erty of Guests; Common Carrier distinguished .... 292

§ 287. The Same Subject ; Roman Law compared 292

§ 288. Standard of Liability at Connnon Law ; Confusion in the

Cases; Liability exceptionally Great 293

§ 289. Standard of Liability at the Civil Law 294

§ 290. Instances of Common-Law Liability stated ; Acts of those

about the Inn 295

§291. The Same Subject ; Acts of those from without the Inn . 296

§ 292. The Same Subject ; Forcible Robbery, Riots, etc 297

§ 293. The Same Subject ; Loss by Accidental Fire 297

§294. The Same Subject; Cases of Clear Immunity 298

§295. The Same Subject; Liability where actually Negligent . . 299

§ 296. Liability for Animals and Things inanimate compared . . 300
§ 297. Liability for Chattels brought within tlie Inn Precincts,

etc 301



XVi TABLE OF CONTENTS.

Page

§ 298. When Liability as Innkeeper ends 302

§§ 299, 300. Remedies for Loss; Points of Practice 303, 304

§ 301. Innkeeper's Exoneration at the Common Law 305

§ 302. The Same Subject ; Custody not confided to the Innkeeper . 305
§ 303. The Same Subject; Chattels not bailed in Capacity of

Guest 307

§§ 304, 305. The Same Subject ; Guest's Contributory Negligence

307, 310

§ 306. Exoneration by Reason of Excusable Loss 311

§ 307. Innkeeper's Liability holds, though he be not licensed . . 312

§ 308. Special Qualifications of Innkeeper's Responsibility . . . 312

§ 309. The Same Subject ; by Special Contract 312

§ 310. The Same Subject ; Reasonable Rules, etc 313

§311. The Same Subject ; Effect of Custom or Usage 314

§ 312. The Same Subject ; Statute Qualifications of Liability . . 315
§ 313. Innkeeper an Ordinary Bailee where Public Vocation is

not exercised 317

§ 314. Liability of Innkeeper as to Boarders 318

§ 315. Lodging-house and Boarding-house Relation considered;

English Rule 319

§ 316. The Same Subject ; American Rule 320

§ 317. General Duties and Rights of Innkeepers 321

§§ 318, 319. General Duties of Innkeeper to Guest, etc. . . . 322, 323

§ 320. Duty as to Others on Inn Premises 324

§ 321. Whether One may select his Guests, discriminate, etc. . . 324
§ 322. Innkeeper should refuse Guests when Health and Safety

require it 325

§ 323. Innkeeper's Liability for Assault upon Guest; Other In-
juries, etc 325

§ 324. Other Duties of Innkeeper ; Charges, License, etc. . . . 326

§325. Rights of Innkeeper ; Rules, etc 326

§§ 326-328. Right of Recompense ; Lien, etc 327, 329, 330

§ 329. Whether Boarding-house Keepers have Lien, etc 330



TABLE OF CONTENTS. XVll



PART VI.

EXCEPTIOXAL BAILMENTS FOR MUTUAL BENEFIT.

COMMON CARRIERS.

CHAPTER I.

CARRIERS IN GENERAL.

Page

§ 330. Magnitude of the Present Topic ; Common Carriage simply

a Bailment 331

§ 331. Private and Public Carriers of Personal Property; Common

Carrier defined 332

§ 332. Carriers by Land or Water 333

§ 333. English Theory of Exceptional Responsibility ; its Roman

Origin 334

§ 334. Carriage and Innkeeping Responsibility to be distinguished;

also Roman and English Theories 335

§ 33.5. Foundation of Exceptional Responsibility is Public Policy . 336

§ 336. Influence of Compensation in this Connection 3.37

§ 337. Private and Common Carriers for Hire distinguished . . 338
§ 338. Common Carriers by Land or Water follow the Same Rule

of Responsibility 340

§§ 339, 340. The Ancient and IModern Conmion Carrier compared

340, 342
§ 341. Carriers of Personal Property to be considered; Carriers of

Passengers distinguished 343

CHAPTER II.

NATURE OF THE COMMON CARRIER RELATION.

§ 342. Essentials of the Common Carrier Relation stated .... 344
§§ 343, .344. Transportation must be for Reward; Presumption of

Recompense, etc 344, 345

§§ 345, 346. Transportation must be in Pursuance of Vocation 346, 347

§347. The Same Subject ; Casual Occupation, etc 348

§ 318. The Same Subject ; Carriage between Fixed Points ; from

Town to Town, etc 349

§ 349. Either a Professed Vocation or a Special Undertaking should

appear 3.31



Xviii TABLE OF CONTENTS.

Page
§350. What Pursuits are classed with Common Carriers; Carriers

by Laud 351

§351. The Same Subject ; Express and Forwarder distinguished 352
§ 352. The Same Subject ; Carriers of Passengers, Baggage, and



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