(1) In General [§ 1501] p 1126 (2) Failure to Stop at Proper Place, or for Sufficient Time [§ 1502] p 1129 (3) Act Obviously Dangerous [§ 1503] p 1130 (4) Advice, Permission, or Direction of Employee [§ 1504] p 1131 (5) Contrary to Warning [§ 1505] p 1133 (6) Where Starting of Car or Train and Alighting Are Simultaneous Acts [§ 1506] p 1133 4. Conduct While in Transit [§§ 1507-1514] p 1133 a. In General [§ 1507] p 1133 b. Standing in Car [§ 1508] p 1136 c. Changing Position [§ 1509] p 1137 d. Projecting Body or Limb from Car [§ 1510] p 1139 e. Riding in Dangerous or Improper Place [1511-1514] p 1140 (1) In General [§ 1511] p 1140 (2) In Cars Not Intended for Passengers [§ 1512] p 1142 (3) On Platform, Running Board, or Steps [§§ 1513-1514] p 1144 (b) On Street Cars [§ 1514] p 1146 C. Contributory Negligence as Defense [§§ 1515-1528] p 1150 1. Pleading [1515] p 1150 2. Issues, Proof, and Variance [§ 1516] p 1151 3. Evidence [§ 1517-1519] p 1151 a. Presumptions and Burden of Proof [ 1517] p 1151 b. Admissibility [§ 1518] p 1153 c. Weight and Sufficiency [§ 1519] p 1154 4. Trial [§§ 1520–1528] p 1155 a. Questions of Law and Fact [§§ 1520-1523] p 1155 (1) In General [§ 1520] p 1155 (2) Particular Applications of Rules [§§ 1521-1522] p 1157 (a) Questions of Law [ 1521] p 1157 (b) Questions of Fact [§ 1522] p 1157 (3) Elevator Cases [§ 1523] p 1160 b. Instructions [§§ 1524-1527] p 1161 (1) In General [§ 1524] p 1161 (2) Conformity to Pleadings and Issues [§ 1525] p 1164 (3) Invading Province of Jury [§ 1526] p 1167 (4) As to Presumptions and Burden of Proof [ 1527] p 1167 c. Verdict and Findings [§ 1528] p 1167 XII. TRANSPORTATION IN PALACE AND SLEEPING CARS [§§ 1529-1556] p 1168 B. Contract Duty in General [§ 1530] p 1169 C. Duty as to Transportation [§ 1531] p 1170 D. Duty to Receive Passengers [§§ 1532-1533] p 1170 1. In General [§ 1532] p 1170 2. Extra Fare and Ticket [§ 1533] p 1171 E. Safety and Comfort of Passengers [1534-1538] p 1171 1. In General [§ 1534] p 1171 2. Particular Duties [$ 1535] p 1172 3. Protection of Passenger [$ 1536-1538] p 1173 a. In General [§ 1536] p 1173 b. Assaults and Insults by Employees [§ 1537] p 1173 c. Assaults by Third Persons [§ 1538] p 1173 F. Ejection of Passenger [§ 1539] p 1173 G. Duties and Liabilities as to Passenger's Effects [§§ 1540-1544] p 1174 1. In General [§ 1540] p 1174 2. Care Required in General [§ 1541] p 1175 3. Duty to Keep Watch [§ 1542] p 1176 4. Limitation of Liability [§ 1543] p 1177 5. Property for Which Liable [§ 1544] p 1177 H. Contributory Negligence [§ 1545] p 1178 I. Respective Duties and Liabilities of Railroad Company and Sleeping Car Company [§§ 1546-1547] p 1179 For later cases, developments and changes in the law see cumulative Annotations. same title, page and note number. XIII. PASSENGER'S BAGGAGE OR EFFECTS [§§ 1557-1610] p 1187 1. In General [§ 1557] p 1187 2. Wearing Apparel [§ 1558] p 1189 3. Presents or Property of Others [§ 1559] p 1189 4. Jewelry and Similar Articles [§ 1560] p 1190 5. Money [§ 1561] p 1190 6. Particular Articles [§ 1562] p 1191 7. Merchandise Other Than Personal Effects [$ 1563-1566] p 1193 a. In General [§ 1563] p 1193 b. Salesman's Samples [ 1564] p 1194 c. Acceptance by Carrier with Knowledge of Character of Articles [§§ 1565-1566] p 1195 (1) In General [§ 1565] p 1195 (2) Sufficiency of Knowledge [§ 1566] p 1196 B. Duty of Carrier to Receive and Transport Baggage [§§ 1567-1569] p 1196 1. In General [§ 1567] p 1196 2. Checking Baggage [§ 1568] p 1197 3. Charges and Liens on Baggage [§ 1569] p 1198 C. Extra Baggage and Special Contracts [§ 1570] p 1198 D. Checks and Receipts; Their Nature and Effect [§ 1571] p 1199 E. Liability for Delay, Loss of, or Injury to, Baggage [§§ 1572-1599] p 1200 1. In General [$ 1572] p 1200 2. Loss by Act of God or Public Enemy [§ 1573] p 1201 3. Where Passenger Retains Custody of His Baggage [§ 1574] p 1201 4. Passenger Not Accompanying Baggage [§ 1575] p 1203 5. Conversion [§ 1576] p 1205 6. Delay [§ 1577] p 1205 7. Contributory Negligence [§ 1578] p 1206 8. Limitation of Liability [$$ 1579-1583] p 1206 a. In General [§ 1579] p 1206 b. As to Amount or Value of Baggage [$ 1580] p 1208 c. As to Character of Liability [§ 1581] p 1209 d. Limitation Must Be by Special Contract or Notice to Passenger [§ 1582] p 1210 e. Construction of Special Contracts or Regulations; What Law Governs [§ 1583] p 1213 9. Notice to Carrier of Nature and Value of Baggage [§ 1584] p 1214 10. Commencement of Liability; Delivery and Acceptance [§§ 1585-1587] p 1215 a. In General [§ 1585] p 1215 b. What Constitutes Delivery to Carrier [§§ 1586-1587] p 1215 (1) In General [§ 1586] p 1215 (2) Time and Place of Delivery [§ 1587] p 1216 11. Continuance and Termination of Liability; Delivery [§ 1588] p 1217 12. Passenger's Duty to Remove; Carrier as Warehouseman [§§ 1589-1592] p 1218 a. In General [§ 1589] p 1218 b. What Constitutes Reasonable Time [§ 1590] p 1219 c. Baggage Remaining for Passenger's Accommodation [§ 1591] p 1220 d. Duty to Store and Protect Baggage [§ 1592] p 1221 13. Connecting Carriers and Through Tickets [$ 1593-1598] p 1221 a. In General [§ 1593] p 1221 b. Liability of Initial Carrier [§§ 1594–1596] p 1222 (1) Rule of Liability Throughout [§ 1594] p 1222 (2) Rule of Liability Only for Losses on Own Line [§ 1595] p 1224 c. Liability of Succeeding Carriers [§ 1597] p 1225 d. Presumptions as to Where Injury or Loss Occurred [§ 1598] p 1226 14. Transfer Companies [§ 1599] p 1226 F. Damages [§ 1600-1601] p 1227 1. For Delay [§ 1600] p 1227 2. For Loss or Injury [§ 1601] p 1228 G. Actions for Delay, Loss, or Injury [§§ 1602-1610] p 1230 1. Nature and Form of Action [§ 1602] p 1230 2. Who may Sue [§ 1603] p 1230 3. Pleading [ 1604] p 1231 4. Evidence [§ 1605–1607] p 1233 a. Presumptions and Burden of Proof [§ 1605] p 1233 b. Admissibility; Witnesses [§ 1606] p 1234 c. Weight and Sufficiency [§ 1607] p 1236 5. Trial [§§ 1608–1610] p 1237 a. Questions of Law and Fact [§ 1608] p 1237 b. Instructions [§ 1609] p 1239 c. Verdict and Findings [§ 1610] p 1239 §§ 1-2] CROSS REFERENCES Aerial navigation generally see Aerial Navigation 2 By water see Ferries [19 Cyc 508, 512]; Shipping [36 Of diseased animal see Animals §§ 182-191. Carrying on business on Sunday see Sunday [37 Cyc Commerce generally see Commerce [7 Cyc 407]. Class legislation see Constitutional Law [8 Cyc 1055]. Law [8 Cyc 834, 839]. Due process of law see Constitutional Law [8 Cyc Equal protection of laws see Constitutional Law [8 Impairment of obligation of contract see Constitu- Local or special laws see Statutes [36 Cyc 999]. Prohibition of creation of corporation by special act see Statutes [36 Cyc 9991. Regulation of commerce see Commerce [7 Cyc 432, 446, 487]. Corporation generally see Corporations. Delegation of power to regulate carrier see Constitutional Law [8 Cyc 834, 839]; Municipal Corporations [28 Cyc 694]. Delivery to carrier under contract of sale: As delivery to buyer see Sales [35 Cyc 193, 196]. Effect on: Condition as to payment see Sales [35 Cyc 336]. PART ONE: Delivery to carrier under contract of sale:-Continued Time of delivery see Sales [35 Cyc 178]. Estoppel to contest validity of statute see Constitutional Law [8 Cyc 793]. Ferry see Ferries [19 Cyc 491]. Illegal transportation combinations see Contracts [9 Interstate commerce see Commerce [7 Cyc 4151. Parcel post see Post Office. Railroad generally see Railroads [33 Cyc 1]. Sunday laws affecting interstate commerce see Com merce. Taxation of: Carrier's property see Taxation [37 Cyc 841, 915, 1035]. Commerce see Commerce [7 Cyc 479, 480]. Telegraph or telephone company see Telegraphs and Towage see Towage [38 Cyc 553]. Con Traffic arrangements in restraint of trade see INTRODUCTION [By William A. Martin] I. DEFINITION AND KINDS OF CARRIERS [1] A carrier is one that undertakes the transportation of persons or movable property, and the authorities, both elementary and judicial, recognize two kinds or classes of carriers, namely, private carriers and common carriers. A private carrier is one who, without being engaged in such business as a public employment, undertakes to deliver goods in a particular case for hire or reward.3 While a common carrier has been defined as one that holds itself out to the public to carry persons or freight for hire, the term did not, at the com II. APPLICABILITY OF [2] A. To Carriage of Goods. The rules of liability applicable to private carriers of goods are those which are in general applicable to ordinary bailees,10 and the law as to common carriers of A mon law, embrace a carrier of passengers, and is commonly confined to carriers of goods, as distinguished from common carriers of passengers. common carrier differs from a private carrier in two important respects: (1) In respect of duty, it being obliged by law to undertake the charge of transportation, which none but a common carrier, without a special agreement, is. (2) In respect of risk, the former being regarded by the law as an insurer, the latter being liable like ordinary bailees.9 LAW OF BAILMENTS goods is a branch of the law relating to the subject of bailments.11 That is, the carrier of goods is a bailee, and, aside from any considerations of public policy which affect the liability of a carrier conducting a public employment, its duties and liabilities are in general those of an ordinary bailee;12 but these considerations of public policy13 have led to the recognition by the courts, from an early period in the history of the common law, of rules respecting the duty of the common carrier as to serving the public, and as to liability for goods. intrusted to its care which do not apply to private carriers of goods or to other bailees.14 [3] B. To Carriage of Passengers. A carrier of passengers is not, as to the person of the passenger, a bailee,15 and in this respect the law of carriers of passengers is not a part of the subject of bailments; but inasmuch as those who hold themselves out as prosecuting the business of carrying passengers for hire are regarded as undertaking a public duty, they are properly classed in this respect with public carriers of goods, and it is proper to treat them under the general heading of " Carriers." Moreover, public carriers of passengers are deemed common carriers as to the baggage accepted by them for transportation as a part of the business of transporting passengers." [4] A private carrier is one who, without being engaged in the business of carrying as a public employment, undertakes to deliver goods in a particular case for hire or reward." He may carry II. LIABILITY FOR [5] A private carrier with or without reward is merely a bailee and his liability is determined by the rules governing the responsibilities of bailees.19 His liability is limited to such losses or III. ASSUMPTION OF [6] While a private carrier is ordinarily liable only for loss shown to have resulted from his own 12. Treleven v. Northern Pac. R. Co., 89 Wis. 598, 62 NW 536. [a] Thus the liability of common or public carriers with reference to goods received by them as such is the same as that of ordinary bailees (1) where they carry without compensation (Treleven v. Northern Pac. R. Co., 89 Wis. 598, 62 NW 536), (2) or where they hold the goods as warehousemen after their duties as common carriers have been performed (see infra § 345 et seq). 13. Munn v. Illinois, 94 U. S. 113, 24 L. ed. 77 (where it was said that the common or public carrier of goods exercises a sort of public office). 14. See infra §§ 54 et seq. 79 et seq, 129 et seq, 317 et seq, 746 et seq. 15. See infra § 1033. 16. See infra § 1557 et seq. 17. U. S.-The Cape Charles, 198 Fed. 346, 349. Del.-Pennewill v. Cullen, 5 Del. 238, 242. Ga.-Self v. Dunn, 42 Ga. 528, 530, 5 AmR 544. V. N. Y.-Jackson Architectural Iron Works v. Hurlbut, 158 N. Y. 34, 38, 52 NE 665, 70 AmSR 432; Fish Clark, 49 N. Y. 122; Allen v. Sackrider, 37 N. Y. 341, 342, 4 Transcr. A. 396; Pike v. Nash, 3 Abb. Dec. 610, 1 Keyes 335; Moriarty v. Harnden, 1 Daly 227, 230; O'Rourke v. Bates, 73 Misc. 414, 415, 133 NYS 392; Orange County Bank v. Brown, 3 Wend. 158, 161. Oh. Samms v. Stewart, 20 Oh. 69, 71, 55 AmD 445. Pa.-Beckman v. Shouse, 5 Rawle 179, 187, 28 AmD 653.. S. C.-Piedmont Mfg. Co. v. Columbia, etc., R. Co., 19 S. C. 353; Littlejohn v. Jones, 27 S. C. L. 365, 39 AmD 132. Tex.-Haynie v. Baylor, 18 Tex. 498. 507. 16 or not, as he deems best. He is but a private individual and is invested, like all other private persons, with a right to make his own contracts.18 LOSS OR INJURY injuries as result from his negligence or that of his servants; 20 although bound to exercise ordinary care, he is not an insurer of the safety of the goods intrusted to him for transportation.21 SPECIAL LIABILITY lack of care, there is no rule to prevent his undertaking to insure the safe delivery of goods intrusted will assent to unreasonable terms prescribed by the private carrier, or because he arbitrarily refuses to carry them at all on any terms. Brown v. Adams Express Co., supra. See Varble v. Bigley, 14 Bush (Ky.) 698, 703, 29 AmR 435 [quot Angell Carriers § 46]; Thompson v. New York Storage Co., 97 Mo. A. 135, 70 SW 938. [a] Similar definition.-"Persons who undertake for the transportation in a particular instance only, not making it their vocation, nor holding themselves out to the public ready to act for all who desire their services." Brown v. New York Cent., etc., R. Co., 75 Hun 355, 358 [app dism 151 N. Y. 674, 46 NE 1145]. [b] One who is employed to tear down a house for another and to deliver the brick and lumber at another place is simply a private carrier for hire. McBurnie v. Stelsly, 97 SW 42, 29 KyL 1191. [c] A carman and furniture remover will generally fall within the description of private carrier. Electric Supply Stores v. Gaywood, 100 L. T. Rep. N. S. 855. no [d] One who agrees to cut, prepare, and transport for market, spars, etc., is not, while transporting the timber, acting as a common carrier, and his duty extends further than to exercise ordinary prudence, care, and skill in protecting the property from loss or damage. Pike v. Nash, 3 Abb. Dec. (N. Y.) 610, 1 Keyes 335. [e] Special employment of the owner of a vessel to transport a cargo of grain does not make him a public carrier, but only a private carrier for hire. Allen v. Sackrider, 37 N. Y. 341. 18. Edgar Lumber Co. v. Cornie Stave Co., 95 Ark. 449, 130 SW 452; Thompson v. New York Storage Co., 97 Mo. A. 135, 70 SW 938; Piedmont Mfg. Co. v. Columbia, etc., R. Co., 19 S. C. 353; Brown v. Adams Express Co., 15 W. Va. 812, 820. "The private carrier has a right to carry for whom and on whatever terms he pleases; and if the consignor does not assent to any terms which the private carrier chooses to prescribe, he is under no obligation to carry his goods. Indeed he may arbitrarily refuse to carry them at all for the consignor. The consignor has no right to complain though he refuses to carry his goods unless he [a] A private carrier may contract to haul exclusively for one person and may give a preferential rate in consideration of doing all the hauling for such person. Edgar Lumber Co. v. Cornie Stave Co., 95 Ark. 449, 130 SW 452. 19. Collier v. Langan, etc., Storage, etc., Co., 147 Mo. A. 700, 127 SW 435; Sevier v. Mitchell, 72 Or. 483, 487, 142 P 780 [cit Cyc]. [a] Complaint held to charge carrier as bailee.-A complaint, alleging that an agreement was entered into whereby defendant, in consideration of twelve dollars and fifty cents, undertook to transport hogs, and promised to furnish a safe barge and to deliver the hogs in proper condition, but failed to perform his agreement, in that through his negligence part of the hogs were drowned, does not undertake to charge defendant as an insurer, but as a bailee, and is sufficient. Sevier v. Mitchell, 72 Or. 483, 142 P 780. 20. Jackson Architectural Iron Works v. Hurlbut, 158 N. Y. 34, 52 NE 665, 70 AmSR 432 [aff 15 Misc. 93, 36 NYS 808]; and cases infra note 21. 21. Mich. Allis v. Voigt, 90 Mich. 125, 51 NW 190. Mont.-U. S. v. Power, 6 Mont. 271, 12 P 639. N. H.-Faucher v. Wilson, 68 N. H. 338, 38 A 1002, 39 LRA 431. N. Y.-Jackson Architectural Iron Works v. Hurlbut, 158 N. Y. 34, 52 NE 665, 70 AmSR 432 [aff 15 Misc. 93, 36 NYS 808]: Allen v. Sackrider, 37 N. Y. 341; Ames v. Belden, 17 Barb. 513; O'Rourke V. Bates, 73 Misc. 414, 133 NYS 392. N. C.-Pender v. Robbins, 51 N. C. 207. Oh.-Samms v. Stewart, 20 Oh. 69, 55 AmD 445. Vt.-White v. Bascom, 28 Vt. 268. Eng. Brind v. Dale, 8 C. & P. 207. 34 ECL 692; Beck v. Evans, 16 East 244. 104 Reprint 1081; Whalley v. Wray, 3 Esp. 74. to him for carriage, and if he does so undertake, he will be liable accordingly;22 but such an extended liability is not to be readily presumed, and the liability must be limited to the particular risk covered by it;23 and the express exclusion of a particular risk will not by implication extend the undertaking to all other risks.24 A mere undertaking to carry the goods safely imposes no higher duty than already existed on the carrier's part and renders him liable for losses caused by his negligence, but for nothing more.25 IV. LIEN FOR CHARGES [7] Unlike common carriers,26 while no reason has ever been assigned for so holding, it has been uniformly held that a private carrier has no lien for his charges on goods transported by him,27 unless a lien is reserved by special agreement. V. COMMON CARRIERS ACTING AS PRIVATE CARRIERS 29 [8] It is generally conceded that a common carrier may, under some circumstances, act as a private carrier, and it has been held that a common earrier may become a private carrier when, as a matter of accommodation or special engagement, it undertakes to carry something which it is not its business to carry." 30 "In such case, it is dealing with matters involving ordinary considerations of contractual relation; those who choose to enter into engagements with it are not at a disadvantage and its stipulations even against liability for its own neglect are not repugnant to the requirements of its public service. There may be special engage 28 11 31 ments which are not embraced within its duty as a PART THREE: CARRIERS OF GOODS I. WHO ARE COMMON CARRIERS OF GOODS from place to place. 11 35 [9] A. Definition and General Nature-1. port the goods of such as choose to employ him Definition.3 34 A common carrier has been defined as "one who undertakes for hire or reward, to trans 22. Robinson v. Dunmore, 2 B. & P. 416, 126 Reprint 1359. 23. Scaife v. Farrant, L. R. 10 Exch. 358. 24. U. S. v. Power, 6 Mont. 271, 12 P 639. when as a matter of accommodation [a] "Where there is a right to re- re 25. Ames v. Belden, 17 Barb. (N. Y.) 513. And see Foster v. Essex Bank, 17 Mass. 479, 9 AmD 168 (dis-quested there is a right to contract cussing liability of this nature generally). 26. See infra §§ 721, 722. 27. Picquet v. McKay, 2 Blackf. (Ind.) 465; Campbell v. A. B. C. Storage, etc., Co., 187 Mo. A. 565, 174 SW 140; Thompson V. New York Storage Co., 97 Mo. A. 135, 70 SW 938; Fuller v. Bradley, 25 Pa. 120; Electric Supply Stores v. Gaywood, 100 L. T. Rep. N. S. 855. 28. Fuller v. Bradley, 25 Pa. 120. 29. See also infra 248. 30. U. S.-Santa Fe, etc., R. Co. v. Grant Bros. Constr. Co., 228 U. S. 177, 33 SCt 474, 57 L. ed. 787 [rev on other grounds 3 Ariz. 186, 108 P 467]; Liverpool Steam Co. v. Phoenix Ins. Co., 129 U. S. 397, 9 SCt 469, 32 L. ed. 788; New York Cent. R. Co. v. Lockwood, 17 Wall. 357, 21 L. ed. 627; Chicago, etc., R. Co. v. Wallace, 66 Fed. 506, 14 CCA 257, 30 LRA 161. Ariz.-Santa Fé, etc.. R. Co. Grant Bros. Constr. Co., 13 Ariz. 186, 108 P 467 [rev on other grounds 228 C. S. 177, 33 SCt 474, 57 L. ed. 787]. Fla.-Bennett v. Filyaw, 1 Fla. 451. Ind.-Louisville, etc., R. Co. V. Keefer, 146 Ind. 21, 44 NE 796, 58 AmSR 348, 38 LRA 93. V. Me. Buckley v. Bangor, etc., R. Co., 113 Me. 164, 93 A 65, LRA1916A 617. Mich. Allis v. Voigt, 90 Mich. 125, 51 NW 190; Coup v. Wabash, etc., R. Co.. 56 Mich. 111, 22 NW 215, 56 AmR 374. Mo.-Russell V. Quincy, etc., R. Co., 177 Mo. A. 186, 164 SW 164. N. H.-Elkins v. Boston, etc., R. Co., 23 N. H. 275. Or.-Schanen-Blair Co. v. Southern Pac. Co., 68 Or. 106, 136 P 886: Honeyman v. Oregon, etc., R. Co., 13 Or. 352, 10 P 628, 57 AmR 20. "A common carrier may become a private carrier, or bailee for hire, for their performance in a different [b] Facts held not to bring case This definition applies to Russell v. Quincy, etc., R. Co., supra. [d] Presumption as to common carriers.-When goods are delivered to a common carrier the presumption is that the bailment is for hire, and if the carrier claims exemption from liability on the ground that the bailment was gratuitous, and that it was liable only for gross neglect, the burden of proof is on it to show such fact. Winne v. Illinois Cent. R. Co., 31 Iowa 583. 31. Santa Fé, etc., R. Co. v. Grant Bros. Constr. Co., 228 U. S. 177, 185, 33 SCt 474, 57 L. ed. 787 (per Hughes, J.). 32. Kentucky Bank v. Adams Express Co., 93 U. S. 174, 23 L. ed. 872; Kimball v. Rutland, etc., R. Co., 26 Vt. 247, 62 AmD 567. 33. Santa Fé, etc., R. Co. v. Grant Bros. Constr. Co., 228 U. S. 177, 33 SCt 474, 57 L. ed. 787; Schanen-Blair Co. v. Southern Pac. Co., 68 Or. 106, 136 P 886. 34. Boom companies see Logging [25 Cyc 1571]. Bridge companies see Bridges 9 C. J. D 417. Carriers by boat or vessel see Shipping [36 Cyc 203, 204]. Ferries see Ferries [19 Cyc 508, 509]. Telegraph and telephone companies see Telegraphs and Telephones [37 Cyc 1611 et seq]. [c] A rule of railroad commis- Tugboats as common carriers see Towage [38 Cyc 562]. [a] Common carriers are instruof commerce-Primrose Western Union Tel. Co., 154 U. S. 1, 14 SCt 1098, 38 L. ed. 883. See Commerce [7 Cyc 446]. V. 35. U. S.- -The Niagara v. Cordes, 21 How. 7, 22, 16 L. ed. 41; The Cape Charles, 198 Fed. 346, 349; U. S. v. Ramsey, 197 Fed. 144, 146, 116 CCA 568, 42 LRANS 1031; U. S. v. Sioux City Stock Yards Co., 162 Fed. 556, 560 [aff 167 Fed. 126, 92 CCA 578]; The Neaffie. 17 F. Cas. No. 10,063, 1 Abb. 465, 467. Ala.-Central R., etc., Co. v. Lampley. 76 Ala. 357, 364, 52 AmR 334; Babcock v. Herbert, 3 Ala. 392, 396, 37 AmD 695. Colo. Schloss v. Wood, 11 Colo. |