substance.
All, or nearly all, of the States have made statutes within recent
years, or re-enacted old ones, holding sellers strictly responsible
for the quality, especially of provisions, sold. These statutes
generally require the seller to sell absolutely pure articles, and he
cannot shield himself by saying that he was ignorant and innocent of
their nature if they proved to be other than pure articles. If a
grocer should sell cotton-seed oil for olive oil, even though doing so
ignorantly, without any intention to deceive, he would nevertheless be
held liable under the statutes that now exist in most of the States;
and public opinion strongly favours the strict execution of these
statutes.
X. COMMON CARRIERS
_What is meant by a common carrier?_ A person or company that is
obliged to carry merchandise or passengers for a price or compensation
from place to place. A common carrier cannot select his business, like
a private carrier, but _must_ carry all merchandise that is offered;
or, if he is a carrier of persons, all persons who desire to go and
are willing to respect all reasonable regulations that relate to
carrying them. _The principal common carriers are railroads,
steamboats, and canal companies._
The liability of common carriers is very important to all who travel
or send merchandise. A common carrier is liable for all losses not
happening by the act of God or by the public enemy. By "act of God" is
meant unavoidable calamity, such as lightning and tempests, and by
"public enemy" is meant a nation at war with another. Once these were
the only exceptions. Carriers were therefore insurers of the goods
left with them to be carried to some other place.
This early rule of law fixing their liability has been greatly
changed. Carriers can now make a contract relieving themselves of all
liability for losses in carrying goods except those arising from their
own negligence. The courts in a few cases have said that they can
relieve themselves even from this, but this is not generally the law.
They can, though, by special contract relieve themselves from all
other liability. A railroad company, therefore, can make a contract
for carrying wheat from Chicago to New York, relieving itself from all
liability for loss by fire unless this shall be caused by its
negligence. If a fire should occur without any negligence on the part
of the company and goods on the way should be destroyed, it could not
be held responsibl
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