Delaware State journal and statesman., 1869-06-18

l
wharf, but was afterwards changed, at the
instance of the active organ of the Commit.
lee, to the Arsenal Junction. Neither OF
these points 10 m entioned in the handful.
The Philadelphia, Wilmington and Balti-
more Railroad Company, the defendant, is
carrier, invested with all the rights
aud privileges, and subject to all the duties
and responsibilities Of common carriers tor
hire. AS such, it IS clothed by its charter
with special and extraordinary powers and
and is designed and expected to
furnish to the public, special facilities and
accommodations. 1t is its duty 10 provide
suitable engines, cars, and all necessary APP
pllances, fully sufficient 10 accommodate the
ordinary, and probable, business of the
road. 1t Is Its duty, as common carrier, to
receive and carry the goods offered for trans.
portation, upon payment, or tender, OF rea-
sonable compensation, 10 the full extent of
its means Of transportation. And If 1t refuses
to carry goods offered at proper time, and |
in proper condition, having sufficient accom-
modations and means for carrying them, 1t
is liable in damages for the breach OF this
duty.
On the other hand, however, it may law
fully refuse 10 receive goods offered tor trans
portation, when the goods are offered at
unreasonable times, or when the cars are
full, or when the goods are not in fit condi-
tion, or not properly packed, or when the
company has no convenient means Tor car
rying them with safety, or when the means
of carrying them are all exhausted. And
moreover, as common carrier, it is not re.
| sponsible lor delay, caused by an unusual
F., press, or influx, or accumulation oil freight,
exceeding its ability 10 carry, where 1t makes
no undue preference among owners, and
carries the freight offered as soon as II can
consistently with Its accommodations, and
with its duty to forward freight previ-
ously offered. Nor is the defendant bound
to receive goods offered for transportation,
until near about ready 10 start the cars ON
their proper journey.
But when the defendant has once accepted
goods delivered Tor transportation, 1t IS
bound safely to keep, safely TO carry, and
safely 10 deliver them. Common carriers
are treated, in a certain sense, as insurers;
that is, they insure the final safe delivery OF
the goods. But they are not insurers as to
the time of delivery, unless there is special
contract to deliver at or within specited
lime. And, as common carriers, they are
held responsible for all losses, except those
accustomed by inevitable accident, called the
4 act of God, or oil the public enemy. The act
of God denotes such causes as are beyond
the control of the carrier, and produce loss
without the Intervention of human agency.
This rule of law, however, must be under
stood with the following qualifications,
namely, that the carrier IS not 10 be held re.
spopsible for ordinary wear and tear, and
chafing of the goods, in the course OF theli
TRANSPORTATION, or for their ordinary loss OIL
deterioration in quantity or qualily,-or iol
, anv inherent natural infirmitY or tendency
, TO damage or decay,-or for the decay o
nerishabie articles, where there is no negli
} gence on the part OF the carrier, or fol
any loss arising from bad, imperfect, o.
careless packing by the owner or his agents
with these qualifications, the rule that th'
g carrier is responsible for all losses, excep
n those caused by the act of God or the publi
e enemy, is positive and inflexible.
= Having thus, as l trust, without unneces
b sary prollxity, stated the general doctrine
6 the law IN regard to the carriers genera
c responsibility, 1 now proceed to conside
I, briefly, the question OF delivery. we nav
o been called upon to charge you upon th'
l. point and 1t is our duty to do SO.
e What. then, 10 point of fact and OF law
/ amounts TO such delivery as is necessary
/ In order 10 charge the defendant as CON
10 mnn carrier, and to determine and fix u
lie commencement of the defendants risk an
u responsibility. -.-..
lg blp there must be an actual delivery 10 hi
Mt or his servant, OF to some other persC
as authorized to act in his behalf. In the ca
III of Railroad Company the goods must
e so delivered 10 lis authorized agents. SUI
N, delivery ia usually made at railroad statit
wv 10 A freight agent OF statlon-master.
es order 10 charge the Company and fasten
u II ihe liability OF common carrier, I
ed goods must be delivered into the exclusl
ld custody of the Company, and be accepted
ne the latter in that capacity, for the purpf
&c of transportation. So long as the owner
On hia agent retains the custody and control
Ut them there has been no such delivery q
III acceptance as will charge the carrier. l
lot acceptance may be either actual or constr
ID tive. The general rule, however, is as
NOT have stated, that the delivery must De II
~. ~. the hands OF the carrier hllnselii OF 10
tue goods. But this rule may be modified
sV- changed by arrangement between the part
cen in regnrd 10 the place or mode OF delive
,sl- II ia nerlectly competent for them to mi
ual anv arrangement they may see tit TO ado
er- and when once made, the arrangement, {
ne, moi the general rule, will govern the ct
II, So loo. an established custom Or usage
MS the mart of the Company In respect TO
pom livery and acceptance of goods deposited
ahu .i transporlion, may relax ana modily
tne slrlngency of the common law rule. IL
W. VI be ior you 10 say, In view OF the eVluei
ION, whether there was any such arrangem
by n Mne,no, ,ha narties. either express or
niiad or whether there was any establis
Ioc- cns,nm or usage in respect TO the pacl
Dn- manner of delivery. II nothing OF the
;sus has been shown by the evidence, then
ueu general rule, prescribed by the law, ?
ar prevail. But there can be no DOUBT, II
mere aver that delivery on board the cars
un- transnortation, with the consent oil
lns, nroper agent of the Company, amounts
ol neriect delivery and acceptance, and subj
PER lie Company to all the legal responsible
vol oil common carriers.
Well Hnt neaches, placed by the owner or
no.s agent in the old granery or store hous
pe- SMYRNA Station, the use of which had
lps', 20, granted 10 him as q privilege and ior
",,;i, avn convenience, to await shipment
WI, WIN dav. should not he considered deliye
~, The Railroad Company, so as TO charge
,DaI,, as common carriers. Nor can the
plaelnr of them on the ground at or nea
: 10 %" railroad station, without their being u
n,oin In charge by the agent of the Compan
a,,,d considered such a delivery But II
uum ,,s,,s, peaches were placed on the ground an'
nnnd there ior transportation by direcl'oh
: ~ nroper agent of the Company, 1t
i 49, W amount 10 sufficient delivery and al
Ivy Ivy ~ ~ tance 10 charge them as common car
nises. We INV eomS " ~, aaaaiigonce2 Wi
dana meant by due diligenceS
nade ~VMO Although common carriers are not h
nasu, ,,as,l common law to be insurers as TO the
!, pd,in ANY delivery, yet the question as TO when
upon, VIVA. .llne 'ne uo.it ,;i,S ,his or creat \
evoke question: Il. caso IN ,h, sI;,nar q, oyI
il had the goods.
II "a' Tie general rule upon this point m
ha hound
bal or stated, thus;waae aa;,; vai'e ond IN deliv
,rlorm Ieas1naG,1 eHpou'si aasonoh he Time Bu
pecifc goTus Will. WELL = rsasomahie eTneditio
;,a, ;snnos. v delivery OF the goods within reas
I'd and tlnle, nus., y, oasIi c, rar,;cnIe
It was speoiai ps ,non,e.,nd h,, ra,irnpd mnst