The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-08-20

Responsibility of Express Companies.
In the Dispatch of July Oath, ultino, may
he found the decision Of Judge BULLARD, OF
Kentucky, which the Wing Of yesterday
publishes with such a flourish of trumpetS.
The Wing exposes its ignorance in writing
upon the subject. 1t says:
"Itmust be remembered that the Adams
and Southern Express Companies are foreign
coruorations, and to reach them suit must be
brought in the United States district courts.
They are not amenable to Virginia courts
This statement is not true. In 29lh
GyArrAS the Wing may find the repor; Of a
case which will cause it to change its opln-
ion. In the case Of The Southern Express
Conpony Us. Nc Weigh the Court OF Appeals
of Virginia held:
"Where goods are delivered 10 parties to
be forwarded ard transported, ana those
1artfes are erpreSsmcn, aud receive com.
peusatlon fo- forwarding and transporting,
the goods are IN their custody AS CARRIERS
That is what the Supreme Court Of APP
ptals of Virginia says. That settles the
question as to the law in Virginia.
Now as to the Kentucky case. The Wing
misunderslunGs that also. In that case tic
comnany relieved itself Of a part Of its re-
sponsibillty as common carrier by making
a special contract. We quote from the de-
csion as reported in the Wing:
"Judgc Bulard holds that While COM
mon carrier is bound to carry all articles
within the lire O. bis business upon the
term, and conditions imposed by law, II the
simmer shall so demand, he has, however, Il
right to charge in proportion to the risk as
sumed by him. Unless has responsibility as
modified Iy express contract, his undertake
ing to carry is upon the terms and condl.
sons which are imposed by law. But when
he has undertaken to carry at .eSs rate than
re would have right to charge, and would
charge. if he undertook to carry only upon
the conditions imposed by law, and has, by
bis recent delivered TO the shipper, stlpu-
lated for reasonable limitation of his re-
sponsbility, and the shipper has accepted Inc
receipt without objection, the latter Is Us
much bound by tue contract thus maze as
anv ether party would be. III other WORDS
the common carrier has become bailee for
hire. He loses the character which the law
imposes on him as an Insurer. II mere are
mo limitations in the contract, then the COM
mon carrier is bound TO transport the pack
ape entrusted to him, unless prevented by
the owner, the act of God, or the public enc.
NV If he does not delirer The goods en-
trusted 10 HIM, he is responsible, not because
| the goods were lost by bis neglect or the
neglect of some agency which be employed,
| but because the law presumes him to have
insured their delivery, and to have received
adequate compensation for taking the risk .
1t is strange that anybody could mistake so
plain an opinion. But never mind that. In
Virginia the statute law prohibits expires;
companies from charging as Insurer ;, and
holds them to their responsibility as com
mon carriers. See as to this last assertion
the opinion first above quoted. ALI The
Wings article vas worse than wasted. Il
Twas written in ignorance Of the law of Vir
liHnia. The preceptor has need to become ;
pupil.
But Judge BUH ARD goes on to decide:
every person who offers package to an
|express company for transportation car
compel the company to become an insure,
for the delivery of the goods upon the pay.
ment of The rates demanded for this service
but the company has the right to limit it;
responsibility in consideration of accepting
q less price for the carrying Of the goods
If the shipper agrees TO this, then he is bound
by the stipuIations Of the contract-unless
the loss by fire or steam is occasioned by
the negligence Of the company--iu which
case the shipper can recover the value OF hi:
goods, notwithstanding the printed agree
nent to the contrary"
| The whole case is turned against the
| Whig. The decision of the Virginia Court
OF Appeals and Judge BILLIARDS are both
substantially on one side. There is moth
ing left to dispute about. We advise you,
neighbor, to repeat day after day that same
old stale, staid, pompous "leader," which
Will suit any paper, and any day 10 the year,
and any subject, and leave law questions to
persons who know something about law.
For President of the United States, our
sirst choice is the editor Of the Dispatch
Enquirer.