9 Wend. 85 | N.Y. Sup. Ct. | 1832
This case is peculiar in many 0f jts featUres, and must be determined by a recurrence to some °f the general and fundamental principles which gov-era actions of this kind. The rule of the common law in rela- . tion to common carriers has been frequently pronounced a rigorous one, and its vindication by Lord Holt affords abundant evidence, if any were wanting, of the truth of the observation. He says, in Lane v. Colton, 1 Vin. Abr. 219, though one máy think it a hard case, that a poor carrier that is robbed on the road without any manner of default in him, should be answerable for all the goods he takes, yet the inconveniency would be far more intolerable if it were not so, for it would be in his power to combine with robbers, or to pretend a robbery or some other accident, without a possibility of remedy to the party, and the law will not expose him to so great a temptation. • This reason, which I believe is the only one that has ever been given for the origin of the rule, and which probably had much foundation in fact in the early and rude age in which it must have been established, it is obvious at this day,is nearly as applicable to every person entrusted with the property of another as it is to the common carrier. In proportion, however, to the rigor of the liability, was exacted the compensation for it and the means of enforcing payment, which affords a sort of equivalent for the harshness of the rule. Accordingly we find it frequently laid down in actions of this kind as a fundamental proposition, that the common carrier is liable in respect to .his reward, and that the compensation should be in proportion to the risk. So strictly was this rule adhered to, that it was repeatedly decided by Lord Holt that the hackney coachman was not liable for the travelling trunk of the passenger which was lost, unless a distinct price had been paid for the trunk as well as for the person ; and that where it was the custom of the stage coach for passengers to pay for baggage above, a certain weight, the coachman was responsible only for the loss of goods beyond such weight. 1 Vin. Abr. 220, and cases there cited. So, in the analogous case of the innkeeper, if a guest stops at an inn, and departs for a few days leaving his goods, if they are stolen during his absence, the landlord is not liable as innkeeper ; for, at the
Now, upon the ground that the defendants in this case have received no compensation or reward from the plaintiffs or any other person for the transportation or risk of the money in question, and that they were deprived of such reward by the unfair dealing of the agent of the plaintiffs with the defendants, I am of opinion the plaintiffs cannot recover, and that they were properly nonsuited upon the trial. As a general rule, where there has been no qualified acceptance of goods by special agreement, or where an agreement cannot be inferred from notice, the carrier is bound to make inquiry as to the value of the bos or article received, and the owner must answer truly at his peril; and if such inquiries are not made, and it is received at such price for transportation as is asked with reference to its bulk, weight or external appearance, the carrier is responsible for the loss, whatever may be its value. If he has given general notice that he will not be liable over a certain amount, unless the value is made known to him at the time of delivery and a premium for insurance paid, such notice, if brought home to the knowledge of the owner, (and courts and juries are liberal in inferring such knowledge from the publication of the notice,) is as effectual in qualifying the acceptance of the goods as a special agreement, and the owner at his peril must disclose the value, and pay the premium. The carrier in such case is not bound to make the inquiry, and if the owner omits to make known the value, and does not therefore pay the premium at the time of the delivery, it is considered as dealing unfairly with the carrier, and he is liable only to the amount mentioned in his notice, or not at all, according to the terms of his notice. 1 Wheat. Sel. 305, 6, 8, and notes, 6 Com. Law R. 333. 4 Burr. 2298, 5 Com. L. R. 476. 8 Pick. 182. 11 Com. L. R. 243.
It may be difficult to define with technical precision what may legitimately be included in the term baggage, as used in connection with travelling in public conveyances: but it may be safely asserted that money, except what may be carried for the expenses of travelling, is not thus included, and especially a sum like the present, which was taken for the mere purpose of transportation. We have already seen, that formerly so strictly was the rule that the carrier was liable only in respect to the reward adhered to, that he was not held liable for the loss of the baggage of the passenger unless a distinct price was paid for it. The law is now very properly altered, as a reasonable amount of baggage, by custom or the courtesy of the carrier, is considered as included in the fare for the person ; but courts ought not to permit this gratuity or custom to be abused, and under pretence of baggage to include articles not within the sense or meaning of the term, or within the object or intent of the indulgence of the carrier, and thereby defraud him of his just compensation, and subject him to
It was decided in Sewall, v. Allen et al. in the court of errors, 6 Wendell, 335, that the Dutchess and Orange Steam
Having come to the conclusion upon what I view as the _ merits and principle of the case, that the plaintiffs cannot recover, it is unimportant to examine any other question discussed upon the argument.
Motion for new trial denied.