The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-07-24

THE LAW on THE ROAD.

An esteemed correspondent sends Us the following
communication, which Is Of especs Interest 10 the great
year throng seambosss. stages, and railroad cars
Most persons attach vast deal Of meaning 70 the bret
notice. /" All baggage the risk Of the owner," when
in truth il imposes additional care on the traveller
aud certainly relieves Of no responsibility the different
transportation companies. 1har duties - common
carriers are clearly shown in the annexed conunica-
ton and no notice Of the above, any other deserp-
ton can free them from the obligations which they as
sumo when they undertakes 10 transport passengers and
property.
and Utica Railroad.
IAN goods. baggage. freight, specie, bank bills or
any other kind Of properly taken, shipped or put on
hoard Of these boats he ut the sk oil the owners
&c,"-New York, Albany and Troy sieameoa, line.
Freight and baggage at the risk oil the owners
ihereof"-Troy and Albany Steamboats,.
.AIl baggage positively at the risk Of the owner
Way passengers Wia attend personally 20 me dspos,.
zion Of fheir baggage al Schenectady. Utica and
Schenectady Railroad.
"All baggage al the risk Of the owners thereof -
Saratoga and Schenectady Railroad, Troy, Ballston
"AlI baggage at the risk Of the Owner."-Auburn
and Syracuse Railroad.
SAN baggage, specie and freight, at the risk Of the
owners thereof'-New Steamboat Arrangement be-
tween Albany and New York
To the editor Of the Albany Eailg Adpsrtistr'
The above mass Of humbug and nonsense is taken
from advertisements in single column oil the Albany
Argus
As quiet or ignorant people may perhaps be induced
TO submit to the imposition Of loss Of their freight or
baggage rather than lgate with great monopoly, es-
ecay when the above notices thrust in their aces
and they told they bound 10 take not,ee 81 fhem
il viii perhaps be doing the travelling public service
| by referring them TO decisions oil the Supreme
Court Of this State, to wit HOLSTER Newlan, -
Wendell's Reports 1885, and Cole vs. Goodwin, ibid
s3i. both decided the May term, 1888 in which Il
is expressly decided that stage coach, railroad and
steamboat propretors are common earriers and are,
like all other carriers answerahe for the bag
gage OF passengers that they are regarded insurers
and for any loss not occasioned by he ACT
of COL The public enemies. That the fact that the
present. sends his servants TO look after the
property, does not alter the case That 1.-The common
restrict their common law liability, by
general notice like that which have taken above the
text Of this arcle-that notice. Ali BAGGAGE AT
THE RISK OIL THE OWNER" epen IL brongM home6o hs
kaowfedge Of passenger in stage coach WHO iost
his trunk. protection 10 the proprstors o. tne
coach in an action against them for the loss OF the
trunk The common carriers are bound to deliver TO
sad passenger at the end OF his journey, ms trunk OF
baggage That the ,choe daty IN this respect rests
upon the carriers That the exercise Of ordinary care
in marking the baggage, entering upon The way.bl,
and delivering check ticket the owner, renders easy
its discharge. That the passenger Is not required TO
expose his person 10 crowd endangcr his safety in
the aiteTpt to designate nr claim his property
What is the reason that the common law will not ex-
the carrier unless he show the Of God the
enemies Of the repnblc the misconduct Of the owner
This says Lord Holt, in Coggs Bernard, &c
Lord Raymond's Reports 9lS, I'm polite establish
ment contved BY the policy Of the law for the safety
Of oil persons, the necessity Of whose affairs requires
them 10 trust these Of persons Common carriers)
that they may be safe in their ways Of dealing for else
these carriers might have opportunity Of undong all
persons that had any dealings with them, by combining
with thieves &c, and yet doing il in such candes-
tine manner, would not be possible to be dis
covered :"
Cowen Justice, in Cole VS.. Goodwin, cited above,
says page $50. - have said that relaxing the
law rgor opens the high road TO fraud, perjury.
theft, and robbery. Il does more. Looking 10 the
ordinary not to say universal means OF travel
and transportation, by coaches, railroads steamboats,,
packets and merchant vessels, the mere superaddon
Of negligence respect to the safety OF passengers and
property. would constitute fearful item. There
principle in the law better settled than that what
everha obvious tendency to encourage guilty ncgli-
gence fraud or crime, Is contrary TO public policy
Such in the very nature Of THINGS is the consequences
Of allowing the common carrier to throw of, in any
way restrict his legal liability
/ The Traveller and Baor is under a sort Of moral
duress necessity Of employing the common carrier
under those legal arrangements which allow any num-
Der OF persons assume the character, and thus dis
courage and supersede the provisions for other modes
Of conveyance. My conclusion, that he shall not be
allowed, in any FORM to higge with his customer, and
extort exception and another NOT BY express
PROMISE or SPECIAL acceptance any more than by no.
tice He shall not be privileged to make himself
mon carrier for his own benefit and mandatory, or
less to his employer. He is public servant with GER
tain duties defined by law and he is bound to per-
form those duties" Ia the face Of these DECISIONS is
It not, Mr.. Editor, the most consunmate arrogance,
not TO say impudence in great water and land mo-
nopolies continue such notices in their ADVERTISE
msnts. They well know they unavailing with those
who do not choose willingly submit TO their imposi-
tons and extorons. II 10 also especially worthy Of re-
mark by the travelling public that the railroad propre
and other carriers are bound deliver each per-
son, at the termination Of his Journey his baggage,
without his exposing himself in crowd 10 point out
! or claim IL. .:o@ a-
This is vastly important decision to persons travel
ling eastward the Mohawk and Hudson Railroad,
and persons travelling in steamboats, the Hudson
river II is the duty Of these carriers to mark
each persons baggage, and give him check ticket
It's receipt, so that their agents at its place Of delivery
may return II to its owner without any trouble 10 him.
| tinw much trouble, vexaton confusion Inconvenience
and loss would be avoided at the Railroad depot in
this city, if passengers would insist upon their rights.
any Judge who has ever heen present the
arrival Of full train OF passengers from the West
hope the press throughout the country will give publ
city to the above decisions 10 the end that that public
opinion may rown these attempts Of powerful monopo
lies at imposition, upon those whose necessities compel
them to enrust their persons their property in their
hands. J. r.
| From The Hudson Rirer Chronicle