apples being frozen. I am unwilling to carry
them unless you will take the risk of their freezing." He could insist
on these terms, because it would be unreasonable to require carriers
to transport such merchandise and keep their cars heated. They are not
made in that way and every shipper knows it, nor are carriers required
to heat them.

The courts have said that any reasonable regulations respecting the
merchandise to be carried, the packing, etc., must be respected. A
carrier could refuse positively to carry dynamite or powder unless it
was packed in a very careful manner. Doubtless many things are carried
in ways quite contrary to the regulations, without the knowledge of
the carrying companies. Packages are rarely examined and things may be
put within, out of sight, of which carriers know nothing.

A carrier is not required to have cars enough to carry all goods on
unusual occasions. But it must have enough to carry without delay all
that come from day to day.

XI. THE CARRYING OF PASSENGERS

Millions ride on steamboats, in the street-cars, and by
steam-railways, and the question is an important one with them. _What
are the rights and duties of company and passenger? First, it is the
duty of a company carrying passengers to provide every one with a
seat._ This rule does not apply to street-cars but it does to
steam-railways. In some cases it is said of the street-car passengers
that those who use the straps pay the money from which dividends are
paid. But the rule is otherwise that applies to railway companies.
They must furnish seats for their passengers and cannot demand fares
until seats are secured.

Having taken him on board and seated him, what degree of care must the
company use in carrying the passenger? It may seem strange to say that
the company is not obliged to use as much care as in carrying a barrel
of apples or an animal. Goods must be moved, kept dry, perhaps, and
cared for in other ways. An animal must be fed. In carrying cattle
stops must be made for rest. But the passenger takes care of himself.
He gets in and out and provides his own rations. Therefore the law
puts on the carrier the duty of using only a reasonable degree of care
in taking him from place to place. In other words, the railway is not
an insurer of life, as it is of goods or other merchandise. As
passengers are of themselves able to get around and use some care
with respect to their own movements, the law lessens the
res